Terms & Conditions

These terms apply to goods and services supplied by Test & Tag International Limited, trading as TESTntel. They also set the conditions for using this website. A quote, Service Agreement, works requisition, order form or service-specific terms may contain additional terms.

1. Definitions and acceptance

In these terms:

• Agreement means these terms together with any applicable quote, Service Agreement, works requisition, order form or other written terms accepted by the parties.
• Customer means the person or organisation ordering or accepting Goods or Services from TESTntel.
• Goods means any goods, equipment, parts or other items supplied by TESTntel.
• Services means any inspection, testing, compliance, asset-management, parking, support or other services supplied by TESTntel.
• Service Agreement means a separate agreement describing Services supplied to the Customer.
• TESTntel, we, us or our means Test & Tag International Limited and any trading division that supplies the relevant Goods or Services.

The Customer accepts these terms by signing or otherwise accepting an Agreement, placing an order, authorising work, or accepting Goods or Services. A person accepting an Agreement for a company, trust or other organisation warrants that they have authority to bind it.

If these terms conflict with a signed Service Agreement or other specifically agreed written terms, those specific terms prevail to the extent of the conflict. Any amendment must be agreed by TESTntel in writing.

2. Quotes, prices and variations

1. Prices are those stated in the applicable quote, Service Agreement, price schedule or order confirmation.
2. Unless expressly stated otherwise, prices exclude GST, which the Customer must pay in addition.
3. Quotes and estimates are based on the information and scope available when prepared. Repair estimates may vary with labour, materials, equipment, freight, site conditions and applicable exchange rates.
4. Additional Goods, Services, quantities, visits, delays or scope changes requested by the Customer or reasonably required because supplied information or site conditions are incomplete or different may be charged as a variation.
5. A quote is not binding until accepted in accordance with its stated validity period and any conditions.

3. Customer responsibilities

The Customer must:

• provide timely, accurate and complete information reasonably needed to quote, schedule and perform the Services;
• provide safe and reasonable access to relevant sites, assets, equipment, records, personnel and facilities;
• tell us about known hazards, access restrictions, site rules and any special requirements before work begins;
• obtain any authority or consent needed for us to access a site, handle information or perform the agreed work; and
• review reports, faults and recommendations and take responsibility for decisions or remedial work outside the agreed scope.

We may suspend or reschedule work where access, information or site conditions make it unsafe, unlawful or impracticable to continue. Reasonable resulting costs may be charged to the Customer.

4. Invoicing and payment

1. Unless another payment basis is agreed in writing, Goods and Services must be paid for in full by the 20th day of the month following the month in which the work was completed or the Goods were supplied.
2. Payment must be made in cleared funds, without deduction, counterclaim or set-off except where required by law.
3. An invoice issued by TESTntel is a valid tax invoice and, unless otherwise agreed in writing, the amount shown is payable.
4. If the Customer disputes an invoice, it must promptly give us the reasons and relevant details, pay the undisputed amount by the due date, and work with us in good faith to resolve the dispute.
5. If an amount is overdue, we may charge a reasonable late-payment fee notified to the Customer, suspend or cancel further supply, withdraw credit, and treat other amounts owing as immediately due, subject to applicable law.
6. The Customer must pay reasonable debt-collection, legal and enforcement costs incurred by us in recovering an overdue amount, to the extent permitted by law.
7. We may review, limit, vary or withdraw credit arrangements at any time.

5. Delivery, risk and title in Goods

1. Delivery dates are estimates unless expressly agreed otherwise. We will use reasonable efforts to meet them but are not liable for delay caused by events outside our reasonable control.
2. Risk in Goods passes to the Customer on delivery.
3. Legal and equitable title to Goods remains with TESTntel until all amounts owing for those Goods and any other Goods or Services supplied by us have been paid in full.
4. Until title passes, the Customer must keep the Goods identifiable, adequately protected and free from any claim inconsistent with our ownership.

6. Returns

1. Nothing in this section limits rights or remedies that cannot lawfully be excluded.
2. Except where required by law or under an applicable warranty, Goods may be returned for credit only with our prior approval. A return request should be made within 20 days after supply.
3. We do not have to accept Goods damaged by the Customer or specially manufactured or procured for the Customer.
4. Where we agree to accept a discretionary return of Goods in merchantable condition, we may charge a restocking fee of up to 15% of the selling price.

7. Warranties and consumer rights

1. Any warranty supplied by a third-party manufacturer or supplier will be made available to the Customer to the extent we are reasonably able to do so. Our liability for a supplier component will not exceed the amount, if any, we recover from that supplier, except where applicable law requires otherwise.
2. For Goods manufactured by TESTntel, we will make good defects in materials or workmanship notified to us as soon as reasonably possible after discovery and within six months after delivery, subject to inspection and the remaining provisions of these terms.
3. A warranty claim may be declined where Goods have been repaired by an unauthorised person or stored, maintained or operated contrary to instructions or good trade practice.
4. Nothing in these terms limits rights under the Consumer Guarantees Act 1993 or other law that cannot be excluded or limited.
5. Where the Customer acquires Goods or Services in trade for business purposes, the parties agree that the Consumer Guarantees Act 1993 will not apply to the extent the Act permits them to contract out, provided the agreement is in writing and it is fair and reasonable for them to do so.

8. Exclusion and limitation of liability

1. Except as expressly stated in the Agreement, and to the maximum extent permitted by law, warranties, representations and terms implied by law are excluded.
2. Neither party is liable to the other for indirect, special or consequential loss, or loss of profit, revenue, business, data or anticipated savings, arising out of the Agreement, except where applicable law expressly requires otherwise.
3. To the extent TESTntel is liable in contract, tort (including negligence), equity, statute or otherwise, our total aggregate liability is limited to the fees paid or payable to us under the relevant Agreement during the 12 months preceding the event giving rise to the claim, except where liability cannot lawfully be excluded or limited.
4. To the extent the Customer's liability is not otherwise excluded or unlimited under these terms, its total aggregate liability to TESTntel is limited on the same basis.
5. Nothing in this section excludes liability for fraud, wilful misconduct, an obligation to pay an invoice, breach of confidentiality or intellectual-property rights, or any liability that cannot lawfully be excluded or limited.

9. Reports, information and intellectual property

1. Reports and service records reflect the assets, conditions and information available at the time of the relevant work. Unless expressly agreed otherwise, they do not guarantee future condition or replace the Customer's ongoing legal, maintenance or safety obligations.
2. The Customer is responsible for keeping portal credentials secure and for ensuring that people given access are authorised.
3. Each party retains ownership of intellectual property it owned before the Agreement. On full payment, the Customer may use reports and deliverables prepared specifically for it for its internal business purposes.
4. We retain ownership of our methods, templates, software, systems, know-how, branding and general materials.

10. Privacy and confidentiality

We handle personal information in accordance with our Privacy Policy. The Customer authorises us to collect, hold, use and disclose information reasonably needed to administer the relationship, supply Goods and Services, maintain records, assess credit and recover debts. Information may be accessed by personnel and providers who need it for those purposes.

Each party must protect the other party's confidential information and use it only for the Agreement, except where disclosure is authorised, required for professional advice, or required by law.

11. Website use

1. Website content is general information and may be updated without notice. Standards, regulations and guidance can change, so specific compliance advice should be confirmed for the relevant site and circumstances.
2. You must not misuse the website, interfere with its operation, attempt unauthorised access, introduce malicious code, or use its content unlawfully.
3. Unless otherwise stated, website content, design and branding are owned by or licensed to TESTntel. You may view and print reasonable extracts for personal or internal business use but may not commercially reproduce them without permission.
4. Links to third-party websites are provided for convenience. We do not control and are not responsible for their content, availability or privacy practices.

12. Cancellation, suspension and events beyond control

Cancellation or rescheduling may be subject to the terms stated in a quote or Service Agreement and to reasonable costs already incurred. Either party may exercise any cancellation or suspension rights provided by law or the Agreement. TESTntel is not liable for failure or delay caused by an event reasonably beyond its control, including natural disaster, epidemic, industrial disruption, utility, telecommunications, transport or payment-network failure, or government action.

13. General

1. The Customer may not assign or transfer its rights or obligations under the Agreement without our prior written consent.
2. A failure or delay in enforcing a right is not a waiver of that right.
3. If a provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions continue in force.
4. Headings are for convenience and do not affect interpretation.
5. The Agreement is governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction.

14. Contact

Questions, complaints or invoice disputes can be sent to customer.service@testntel.co.nz, or raised by calling 0800 837 8824. Our postal address is Test & Tag International Limited, 4 Kitson Place, Saint Johns, Auckland 1072, New Zealand.