Terms & Conditions

Terms of Use and trade
1.               Definitions
1.1            “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
1.2            “TMD” means Travel Motors Direct Limited, its successors and assigns or any person acting on behalf of and with the authority of Travel Motors Direct Limited.
1.3            “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting TMD to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a)   if there is more than one Customer, is a reference to each Customer jointly and severally; and
(b)   if the Customer is a partnership, it shall bind each partner jointly and severally; and
(c)   if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
(d)   includes the Customer’s executors, administrators, successors and permitted assigns.
1.4            “Goods” means all Goods or Services supplied by TMD to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.5            "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
1.6            “Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including personal information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when ordering from the website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to ordering Goods via the website.
1.7            “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between TMD and the Customer in accordance with clause 7 below.
 
2.               Acceptance
2.1            The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts Delivery of the Goods.
2.2            In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
2.3            Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.4            The Customer acknowledges and accepts that:
(a)    the supply of Goods on credit shall not take effect until the Customer has completed a credit application with TMD and it has been approved with a credit limit established for the account.In the event that the supply of Goods request exceeds the Customers credit limit and/or the account exceeds the payment terms, TMD reserves the right to refuse Delivery; and
(b)   the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, TMD reserves the right to vary the Price with alternative Goods as per clause 7.2.  Notwithstanding clause 2.6 TMD also reserves the right at their discretion to introduce additional new Goods as part of the Goods to be supplied; and
(c)   all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in TMD’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by TMD; and
(d)   the performance of the Goods is given in good faith, and estimates are based on industry standard prescribed estimates. TMD is under no liability for damages for failure of the Goods to attain such performance standards, figures or quality, unless specifically warranted in writing.  Any such warranties are subject to the recognised tolerances applicable to such performance standards figures or quality.
2.5            In the event that the Goods and/or Services provided by TMD are the subject of an insurance claim that the Customer has made, then the Customer shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by TMD and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful.
2.6           These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on TMD’s website. If there are any inconsistencies between the documents then the terms and conditions contained in this document shall prevail.
2.7            Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.