NB – before our staff will arrive at your site(s), we must receive a signed copy of these Terms of Trade/Business for our file. This can be emailed in PDF format to: email@example.com – you can download a printable copy here.
Once signed, it will remain in place for 24 months, following this, should the business relationship continue to be ongoing, we may ask for a newly signed Terms of Trade/Business to be signed and accepted.
Payment terms are strictly 7 days and for new clients, within the first 90 days of transacting business with us, we require a 50% deposit up front for each job paid to our nominated account. The balance to be invoiced following completion of each job.
Terms of Trade/Business
The following TERMS OF TRADE/BUSINESS apply to all container loading and devanning services conducted by Triple Eight Holdings Limited T/A Devanning.nz, herein referred to as Devanning.nz.
1. Devanning.nz will be entitled to an agreed fee, payable by the client where:
- A service has been conducted by Devanning.nz; or Devanning.nz has been requested to provide a service which has been cancelled without the appropriate minimum two (2) hours notice required; or
- Waiting time is required by Devanning.nz staff due to the delay in
arrival of a container(s) or any other issue that may arise that causes our staff to wait.
2. GST is to be added to all fees and charges quoted and/or invoiced by Devanning.nz.
3. Fees are payable within seven (7) days of Devanning.nz’s invoice being issued unless otherwise agreed upon.
4. Fees for container services are based on a rate agreed to between the client and Devanning.nz.
5. Clients are asked to provide their container requirements before 3pm on the day prior to the work required.
6. There is no employment relationship between Devanning.nz’s staff and the client. Wages due to said staff will be paid by Devanning.nz.
7. The client acknowledges that in the event of a work place injury, an incident report must be forwarded to Devanning.nz within 24 hours of the injury. This is to ensure that the requirements of the Insurance Company and Work Safe are met. Any costs incurred due to late notice of a work place injury will be passed onto the client. The client acknowledges and agrees to this.
8. While any staff member of Devanning.nz is working onsite at the client’s premises, the client is subject to, and must comply with all requirements of legislation including, but not limited to:
- Maintaining a workplace that is safe and without risks to health and safety;
- Maintaining a work environment that is free from acts of harassment;
- Monitoring the health and safety of all staff of Devanning.nz;
- Keeping information and records relating to Health and Safety;
- Conduct risk assessments and site inductions where necessary;
- Preparation of all relevant Work Safe documentation including, but not limited to, job safety analyses, safe work method statements;
- Reporting injuries and incidents should they arise to the appropriate statutory authorities in accordance with the provisions of the applicable legislation.
9. The client agrees to provide Devanning.nz with access to its premises where its staff will perform work so it can conduct its own risk assessments and ensure that the workplace is safe and without risks to health, welfare and safety. Devanning.nz reserves the right to terminate the agreement without penalty if it determines a breach of any of the client’s statutory duties.
10. The client will indemnify and hold Devanning.nz harmless in the event of any claim against Devanning.nz resulting from the client’s non-compliance with such legislation.
11. During the course of an assignment, Devanning.nz staff are under the sole direction of the client. The client agrees that Devanning.nz does not accept responsibility for any injury, loss, claim, cause of action, verdict, judgment, costs, expenses, demand or damage arising out of or as a consequence of any act and/or omission of Devanning.nz, its directors, officers, employees, agents or servants.
12. The client agrees to forever release, indemnify and hold Devanning.nz, its directors, officers, employees, agents or servants harmless for and against all liabilities, claims, injuries, losses (including, but not limited to, consequential losses), damages, suits, verdicts, judgments, costs and expenses whatsoever arising out of the relationship and/or agreement with the client. This indemnity will be a continuing indemnity notwithstanding the termination or expiration of this agreement.
13. If the client terminates the agreement, the client will not be entitled to claim any amount by way of liquidated damages or other payments as a consequence of the termination.
14. On termination of the agreement, the client agrees to pay all outstanding sums due under the agreement. The parties agree that any and all indemnities provided by the client and all rights of Devanning.nz survive termination. If it is necessary for Devanning.nz to commence action to recover any outstanding sums, the client agrees to indemnify Devanning.nz for all costs incurred by it in the recovery of any outstanding sums.
15. Please note that by engaging any services provided by Devanning.nz, you accept all conditions listed in these Terms of Trade/Business.
To acknowledge acceptance of our Terms of Trade/Business and to allow us to create an invoicing structure in our accounting system for your company, please scan it to PDF and email to: firstname.lastname@example.org or send it directly to the Devanning.nz representative you have been dealing with.