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Terms of Trade

Ken Frew Holdings Limited Trading as Bethlehem Coachlines.

1. Definitions

1.1 “Bethlehem Coachlines” shall mean Ken Frew Holdings Ltd T/A Bethlehem Coachlines its successors and assigns or any person acting on behalf of and with the authority of Ken Frew Holdings Ltd T/A Bethlehem Coachlines.
1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.
1.3 “Coach” shall mean any Coach supplied on hire by Bethlehem Coachlines to the Client.
1.4 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.
1.5 “Price” shall mean the cost of the hire of the Coach as agreed between Bethlehem Coachlines and the Client subject to clause 3 of this contract.

2. Acceptance

2.1 Any instructions received by Bethlehem Coachlines from the Client for the supply of a Coach on hire and/or the Client’s acceptance of the Coach supplied on hire by Bethlehem Coachlines shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of Bethlehem Coachlines.
2.4 The Client shall give Bethlehem Coachlines not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by Bethlehem Coachlines as a result of the Client’s failure to comply with this clause.
2.5 Delivery of the Coach to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
2.6 Coach Hire shall include the Coach and the services of a Coach driver.
2.7 The Client acknowledges and agrees that driving hours shall at all times comply with the relevant legislation applicable at the time of the supply of the Coach.
2.8 Bethlehem Coachlines shall not at any time accept any responsibility for loss or damage to property left on the Coach and passengers leaving property on the Coach shall do so at their own risk.
2.9 Smoking and the consumption of alcohol is not permitted on the Coach at any time.
2.10 Animals or Dangerous Goods are not permitted on the Coach at any time without the written consent of Bethlehem Coachlines.
2.11 Whilst Bethlehem Coachlines or Bethlehem Coachlines’ driver shall make every reasonable effort to meet the Client’s requirements the Client acknowledges that it is Bethlehem Coachlines or Bethlehem Coachlines’ driver’s responsibility to ensure the safety of passengers, their property and the Coach and as such Bethlehem Coachlines or Bethlehem Coachlines’ driver shall be under no obligation to follow any instructions of the Client.
2.12 Bethlehem Coachlines or Bethlehem Coachlines’ driver shall have the right to terminate the hire at any time where Bethlehem Coachlines or Bethlehem Coachlines’ driver believes it necessary to do so to ensure the safety of passengers, their property, or the Coach, without any liability to the Client whatsoever.
2.13 The Client shall at all times be liable for any damage caused to the Coach or any other property by passengers or any property brought on board the Coach.

3. Price And Payment

3.1 At Bethlehem Coachlines’ sole discretion the Price shall be either;
(a) as indicated on invoices provided by Bethlehem Coachlines to the Client in respect of the Coach supplied; or
(b) Bethlehem Coachlines’ current Price, at the date of supply of the Coach , according to Bethlehem Coachlines’ current Price list; or
(c) Bethlehem Coachlines’ quoted Price (subject to clause 3.2) which shall be binding upon Bethlehem Coachlines provided that the Client shall accept Bethlehem Coachlines’ quotation in writing within thirty (30) days.
3.2 Bethlehem Coachlines reserves the right to change the Price in the event of a variation to Bethlehem Coachlines’ quotation (including, but not limited to, variations as a result of increases to Bethlehem Coachlines in the cost of fuel, Road User Charges, or if additional kilometres or time are incurred by Bethlehem Coachlines during the hire due to circumstances beyond the reasonable control of Bethlehem Coachlines).
3.3 Quotations are based on the shortest suitable route unless otherwise stated in writing.
3.4 At Bethlehem Coachlines’ sole discretion a deposit may be required.
3.5 At Bethlehem Coachlines’ sole discretion payment for certain approved Client’s shall be due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices.
3.6 Time for payment for the Coach hire shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due in full prior to departure on the initial day of hire.
3.7 The Coach driver’s accommodation and meals are payable by the Client unless otherwise stated in writing. Drivers must be supplied their own room with private facilities.
3.8 Payment will be made by cash, or by cheque, or by bank cheque, or by credit card (excluding Amex or Diners cards), or by direct credit, or by any other method as agreed to between the Client and Bethlehem Coachlines.
3.9 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Hire Period

4.1 The hire period shall commence immediately the Coach departs from Bethlehem Coachlines’ premises and shall continue until the return of the Coach to Bethlehem Coachlines’ premises.
4.2 Should either Bethlehem Coachlines or the Client terminate the hire before the stated time and/or date, the Price of the hire shall only be amended at the sole discretion of Bethlehem Coachlines.
4.3 Bethlehem Coachlines does not guarantee to complete any journey in a given time and will not accept any liability for loss or inconvenience which may arise from any delay incurred from any cause whatsoever.

5. Bethlehem Coachlines’ Obligations

5.1 Bethlehem Coachlines shall supply the Coach in a safe and roadworthy condition.
5.2 Bethlehem Coachlines shall be responsible for all ordinary and extraordinary costs of running the Coach during the term of the hire except to the extent that by the terms of this agreement those costs are payable by the Client.

6. Notifcation of Defects

6.1 The Client shall inspect the Coach on delivery and shall notify Bethlehem Coachlines immediately of any alleged defect or failure to fulfil the quote. Bethlehem Coachlines shall be given access to any Coach within a reasonable time after delivery in order to inspect any alleged defects in the Coach.
6.2 Should the Client fail to give such notification, the Coach will be deemed to be in compliance with the quote, and free from any defects whatsoever.

7. Breakdowns

7.1 Should the Coach breakdown or should any fault or defect in the Coach become known to the Client, and reported to Bethlehem Coachlines during the Hire, then Bethlehem Coachlines will at its sole discretion repair or replace the Coach, or refund the balance of the hire.

8. Contractual Remedies Act 1979

8.1 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.

9. Consumer Guarantees Act 1993

9.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is contracting within the terms of a trade/business (which cases are specifically excluded).

10. Default & Consequences Of Default

10.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Bethlehem Coachlines’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
10.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Bethlehem Coachlines.
10.3 If the Client defaults in payment of any invoice when due, the Client shall indemnify Bethlehem Coachlines from and against all costs and disbursements incurred by Bethlehem Coachlines in pursuing the debt including legal costs on a solicitor and own client basis and Bethlehem Coachlines’ collection agency costs.
10.4 Without prejudice to any other remedies Bethlehem Coachlines may have, if at any time the Client is in breach of any obligation (including those relating to payment) Bethlehem Coachlines may suspend or terminate the supply of the Coach to the Client and any of its other obligations under the terms and conditions. Bethlehem Coachlines will not be liable to the Client for any loss or damage the Client suffers because Bethlehem Coachlines has exercised its rights under this clause.
10.5 If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
10.6 Without prejudice to Bethlehem Coachlines’ other remedies at law Bethlehem Coachlines shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies and all amounts owing to Bethlehem Coachlines shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Bethlehem Coachlines becomes overdue, or in Bethlehem Coachlines’ opinion the Client will be unable to meet its payments as they fall due; or
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

11. Security And Charge

11.1 Despite anything to the contrary contained herein or any other rights which Bethlehem Coachlines may have howsoever:
(a) where the Client and/or the Guarantor (if any) is Bethlehem Coachlines of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Bethlehem Coachlines or Bethlehem Coachlines’ nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that Bethlehem Coachlines (or Bethlehem Coachlines’ nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) should Bethlehem Coachlines elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify Bethlehem Coachlines from and against all Bethlehem Coachlines’ costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Bethlehem Coachlines or Bethlehem Coachlines’ nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 11.1.

12. Cancellation

12.1 Bethlehem Coachlines may cancel these terms and conditions or cancel delivery of a Coach at any time before the Coach is delivered by giving written notice. On giving such notice Bethlehem Coachlines shall repay to the Client any sums paid in respect of the Price. Bethlehem Coachlines shall not be liable for any loss or damage whatever arising from such cancellation.
12.2 The Client agrees to give no less than twenty-four (24) hours notice that the Client wishes to cancel hire of a Coach. In the event that less than twenty-four (24) hours notice of cancellation is given Bethlehem Coachlines may at its sole discretion charge a reasonable cancellation fee.

13. Privacy Act 1993

13.1 The Client and the Guarantor/s (if separate to the Client) authorise Bethlehem Coachlines to:
(a) collect, retain and use any information about the Client and/or the Guarantor/s, for the purpose of assessing the Client’s and/or the Guarantor/s creditworthiness or marketing products and services to the Client and/or the Guarantor/s; and
(b) to disclose information about the Client and/or the Guarantor/s, whether collected by Bethlehem Coachlines from the Client and/or the Guarantor/s directly or obtained by Bethlehem Coachlines and/or the Guarantor/s from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client and/or the Guarantor/s.
13.2 Where the Client and/or the Guarantor/s are an individual the authorities under (clause 13.1) are authorities or consents for the purposes of the Privacy Act 1993.
13.3 The Client and/or the Guarantor/s shall have the right to request Bethlehem Coachlines for a copy of the information about the Client and/or the Guarantor/s retained by Bethlehem Coachlines and the right to request Bethlehem Coachlines to correct any incorrect information about the Client and/or the Guarantor/s held by Bethlehem Coachlines.

14. General

14.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Tauranga.
14.3 Bethlehem Coachlines shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Bethlehem Coachlines of these terms and conditions.
14.4 In the event of any breach of this contract by Bethlehem Coachlines the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Bethlehem Coachlines exceed the Price of the Coach hire.
14.5 The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by Bethlehem Coachlines.
14.6 Bethlehem Coachlines may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
14.7 Bethlehem Coachlines reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Bethlehem Coachlines notifies the Client of such change.
14.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
14.9 The failure by Bethlehem Coachlines to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Bethlehem Coachlines’ right to subsequently enforce that provision.
14.10 Where personal belongings and luggage are carried as part of the Coach hire, Bethlehem Coachlines will insure such goods for loss or damage resulting from Bethlehem Coachlines’ or their employees negligence, to a maximum limit of fifteen hundred dollars ($1500.00) per item and/or two hundred and fifty thousand dollars ($250,000.00) per coach load.