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Effective from: 17 September 2020

1. Our contract with you

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1.1. These Terms will apply to any Order we accept from you.

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1.2. We may change the Terms from time to time and it is the current version which will apply to each Order when you place it. We will notify you of changes to the Terms by email or alternatively you will be asked to accept the new terms when you place your next Order via our Website.

 

1.3. Please read these Terms carefully and make sure that you understand them before placing an Order. The Terms restrict our liability to you in certain circumstances.

 

1.4. If you need to contact Us at any time about an Order, you may do so as set out in clause 16.

 

2. Definitions

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2.1. The following definitions apply in these Terms:

Event Outside Our Control: means any occurrence or circumstances over which We have no control as described in clause 15.2 and including (without limitation) the unavailability of any Service Provider, key personnel or key materials without which We are unable to provide the Services.

Order: means your order for the Services

Services: means the supply and delivery of fuel to your stationary tank on the date and at the location(s) nominated by you.

Service Providers: means any third party with which we contract in order to assist us in providing the Services.

Terms: means these terms and conditions as amended from time to time.

Website: means www.fill.co.nz/rural. We/Our/Us: means Fill Rural (SI) Limited (company number 8121536).

 

2.2. When we use the words “writing” or “written” in these Terms, this will include e-mail correspondence.

 

2.3. Headings and subheadings have been inserted in these Terms for convenience only and will not affect the interpretation of these Terms.

 

3. Business Customers

 

3.1. Where you are a business (as defined by the Consumer Guarantees Act 1993), you agree that you are acquiring the Services for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply. Where the provisions of the Consumer Guarantees Act 1993 apply, these Terms will be read subjectto the application ofthat Act, and in the case of any conflict, the provisions of that Act will apply.

 

4. Placing an Order

 

4.1. Please ensure that you check the details of your Order before submitting it as We will not be liable to you for any errors you make. For example, please check carefully that you correctly identify the fuel type – diesel or 91 petrol, and the location of your tank(s). If you think that you may have made a mistake, you can cancel your Order in accordance with clause 5.1. Alternatively, please contact Us as set out in clause 16.

 

4.2. Submission of an Order does not create a contract between us. The contract arises when We send you an email confirming acceptance of your Order. The email or notification will include your billing information.

 

4.3. If for any reason We are unable to fulfil your Order, We will let you know by email.

 

5. Cancelling your Order

 

5.1. You may cancel your Order: • at any time before delivery via Our Website; or • by e-mailing our Customer Care team at customercare@fill.co.nz the day before delivery.

 

6. Our rights to cancel your Order

 

6.1. We may cancel your Order in the following circumstances: • as a result of an Event Outside Our Control; or • if We consider that We are not able to safely fill your tank(s) including due to the condition of your tank(s).

 

6.2. If we cancel your Order we will contact you by phone, or email.

 

7. Re-scheduling

 

7.1. If We are not available to perform the Services, We will contact you by phone, or email and notification to re-schedule delivery at your convenience.

 

8. Service standards

 

8.1. We will provide the Services with reasonable care and skill in accordance with good industry practice.

 

8.2. We will not be liable for any delay or non-performance of our Services where you have failed to provide accurate information in your Order.

 

9. Service Provider

 

9.1. We may subcontract a Service Provider to performance all or any part of the Services.

 

10. Your obligations

 

10.1. You will ensure that your tank(s) is compliant and is able to be safely accessed.

 

11. If there is a problem with the services

 

11.1. If there is any problem with the Services please contact our Customer Care team by email at customercare@fill.co.nz and tell Us as soon as reasonably possible.

 

11.2. If you have a complaint about the Services, we will deal with it in accordance with these service terms.

 

11.3. Complaints should be notified to Us within 24 hours of delivery.

 

12. Price and payment

 

12.1. Our fuel prices are the prices advertised by Us from time to time on our Website. We will notify you by email of the fuel price for the Services (including delivery charges if any) before your delivery.

 

12.2. Our prices exclude GST.

 

12.3. We will invoice you by email following delivery.

 

12.4. Invoices are payable 7 days following delivery by direct debit. We may withhold Services to any customer in arrears pending payment.

 

12.5. We may charge interest on overdue accounts at the rate of 14% per annum or 3% above the current base lending rate from time to time set by Our bankers (plus GST, if any) - whichever is the greater, from the date when payment is due until the date when payment is actually made and all expenses and costs (including legal costs as between solicitor and client) incurred by the Company in connection with the Company recovering or attempting to recover any overdue amount.

 

12.6. We reserve the right to apply a minimum delivery fee. For more information on delivery fees, please contact customercare@fill.co.nz or visit our Website.

 

13. Our liability to you

 

13.1. Subject to these Terms, we will compensate you for loss or damage which is due to Our negligence.

 

13.2. We have no liability to you for any special, indirect or consequential loss including (without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14. Indemnity

 

14.1. You will indemnify Us against all losses, penalties, claims, damages, costs and expenses of any kind whatsoever, howsoever caused or arising and, (without limiting the generality of the foregoing) whether caused or arising:

• out of any default or negligence by you (including but not limited to a failure to comply with the Terms);

• as a result of any claim by any third party; and/or suffered or incurred by Us in connection with, or resulting from, the delivery or any matter or thing done said or omitted by Us in connection with the Services.

 

15. Events Outside Our Control

 

15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

 

15.2. An Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of our Service Providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.

 

15.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

• We will contact you as soon as reasonably possible to notify you; and

• Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; or

• You may cancel your Order under clause 5.1 or We may cancel it under clause 6.1.

 

16. Information about us and how to contact us

 

16.1. If you have any questions or if you have any complaints, please contact Us. You can contact Us by emailing Us at customercare@fill.co.nz, or sending a request via Our Website.

 

16.2. If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing or by e-mail, you can send this to Us at customercare@fill.co.nz. We will confirm receipt of this notice by return e-mail including confirmation of receipt except that return e-mails generated automatically shall not constitute confirmation or acknowledgement of receipt. If We have to contact you or give you notice in writing, We will do so by e-mail to the contact address included in your account application.

 

17. How we may use your personal information

 

17.1. We will use the personal information you provide to Us to:

• provide the Services; and

• inform you about similar products or services that We provide, unless you indicate that you do not wish to receive such communications by clicking the ‘Unsubscribe’ link at the bottom of any Fill promotional email communication. 17.2. We will not give your personal data to any third party other than any Service Providers.

 

18. Other important terms

 

18.1. We may transfer Our rights and obligations under these Terms to another organisation, and will notify you in writing if this happens, however, this will not affect your rights or Our obligations under these Terms.

 

18.2. This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

 

18.3. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

 

18.4. These Terms are governed by New Zealand law and will be subject to the exclusive jurisdiction of the New Zealand courts.

 

19. Assignment

 

19.1. You shall not be permitted to assign or transfer any of your rights or obligations under these Terms without Our prior written consent. We shall be entitled (in Our sole discretion) to assign and transfer any of Our rights or obligations under these Terms, and your consent shall not be required for any such assignment or transfer.

 

20. Waiver

 

20.1. We will not be deemed to have waived any right under these Terms unless the waiver is given in writing by Us.

 

21. Entire Agreement

 

21.1. These Terms constitute the entire agreement and understanding between you and Us relating to the matters dealt with in these Terms and supersedes and extinguishes any previous agreement (whether oral or written) between you and Us in relation to such matters. Nothing in this clause 23.1 operates to limit or exclude any liability for fraud.

 

22. Rights and Remedies

 

22.1. Unless otherwise expressly provided in these Terms, the rights and remedies set out in these Terms are in addition to, and not in limitation of, any other rights and remedies under or relating to these Terms (whether at law or in equity), and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.

 

Last Updated: September 2020

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