Terms and Conditions of Trade for the Supply of Firearms Training and Consulting Services by Skill At Arms Ltd
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.skillatarms.com website and/or engaging the services of Skill At Arms Ltd.
Your access to (and use of) the information, services, and courses provided herein is conditioned on your acceptance of and compliance with these Terms and Conditions.
These Terms and Conditions apply to all clients, visitors, users, and others who access or use the website or otherwise engage the services of Skill At Arms Ltd.
By accessing or using this website and/or by engaging our services, you agree to be bound by these Terms and conditions.
By continuing to use this website and/or by engaging the services of Skill At Arms Ltd, you are deemed to be in agreement with the terms and conditions in their entirety.
1. Parties And Definitions To This Agreement
1.1. “Skill At Arms Ltd” for the purposes of this agreement, shall mean Skill At Arms Ltd, any person or entity acting for or on behalf of Skill At Arms Ltd or with the permission or authority of Skill At Arms Ltd.
1.2. “Client” shall mean the Client, any person or entity acting for or on behalf of the Client or with the permission or authority of the Client as detailed on any quotation, estimate, Engagement Agreement or notation as provided by Skill At Arms Ltd to the Client.
1.3. “Guarantor” shall mean any person (or persons), or entity, who agrees to be held liable for the debts incurred by the Client in the course of business between the Client and Skill At Arms Ltd on a principal debtor basis.
1.4. “Services” shall mean all services supplied by Skill At Arms Ltd to the Client and includes any recommendations or firearms-related consultancy advice, firearms-related seminars and venue hire.
1.5. “Price” shall mean the price payable for services as agreed between Skill At Arms Ltd and the Client in accordance with clause 4 of this contract.
2. Services and Products
2.1. The Services and/or products provided shall be described on our eCommerce listings, online service listings, invoices, quotation, or any other such form as provided by Skill At Arms Ltd to the Client.
2.2. The Client, upon making a request for Services and/or products provided by Skill At Arms Ltd, you may be asked to supply certain information relevant to your request including, but not limited too, your name, email address, contact phone number, and more details regarding the nature of the service/product requested.
3. Service & Conduct
3.1. Where Skill At Arms Ltd performs work for you, it will ensure that competent and suitably experienced personnel carry out all work, in a professional manner and in accordance with appropriate standards.
3.2. While Skill At Arms Ltd will make every endeavour to ensure a fully professional approach to all work carried out, it cannot guarantee the results of recommendations as many factors are outside our control. Consequently, Skill At Arms Ltd shall not be liable for any consequences of the provision of services to you, except for consequences arising as a direct result of the proven negligence on the part of Skill At Arms Ltd.
4. Price And Payment
4.1. The price shall be at Skill At Arms Ltd’s sole discretion, one or more of the following:
(a) The price as quoted by Skill At Arms Ltd to the Client. The quoted price or rates shall not alter providing the Client accepts Skill At Arms Ltd’s quote in writing within thirty (30) days of the date of the quotation.
(b) Skill At Arms Ltd’s price as per Skill At Arms Ltd’s current rates as when the service is provided.
5. Payment Terms
5.1. Payment shall be at Skill At Arms Ltd’s sole discretion one or more of the following:
(a) All invoices shall be paid no later than the 20th day of the following month of the invoice date.
(b) Payment to approved Clients shall be made by instalments in accordance with Skill At Arms Ltd’s payment schedule.
(c) Payments will be made as agreed between Skill At Arms Ltd and the Client. If no payment arrangement is made or payment terms agreed then payment shall be due as stated on the Invoice in cash, cheque, or by direct credit to Skill At Arms Ltd’s nominated account.
5.2. Payment shall not be deemed to have been received unless the payment is made in cash or cleared funds are deposited in Skill At Arms Ltd’s nominated account. Any other form of payment will not be receipted as paid until the transaction is deemed to be honoured.
5.3. GST and other taxes and duties that may apply will be included in the Price unless they are expressly excluded from the Price.
6. Acceptance Of Terms Of Trade
6.1. Any engagement of Skill At Arms Ltd’s Services shall constitute acceptance of the Terms and Conditions of Trade of Skill At Arms Ltd by the Client. Should more than one Client enter into this agreement the Clients shall be jointly and severally liable for payment in full of the Price.
6.2. The terms and conditions of this agreement can only be amended with the written consent of Skill At Arms Ltd and shall be binding on the Client.
6.3. In the event that the Client proposes any change to the structure of the Clients contract with Skill At Arms Ltd, including a cancellation of services, the Client shall give no less than fourteen (14) days written notice of the proposed change or changes. If any loss is incurred by Skill At Arms Ltd the Client shall be liable for any loss suffered by Skill At Arms Ltd due to the Client not complying with this provision.
7. Default and Consequences of Non Payment
7.1. If the Client defaults in payment of any invoice when due, the Client shall pay all costs and disbursements incurred by Skill At Arms Ltd in pursuing the debt including legal costs on a solicitor and own Client basis and Skill At Arms Ltd’s collection agency costs. Disbursements incurred by Skill At Arms Ltd in pursuing the debt including legal costs on a solicitor and own Client basis and Skill At Arms Ltd’s collection agency costs.
7.2. Interest on overdue or unpaid invoices shall accrue from the date when payment becomes due daily until the date payment is received at a rate of 2.5% per calendar month and all interest shall compound monthly before and after any judgement until payment is received in full.
7.3. Skill At Arms Ltd at its discretion may suspend or terminate the supply of goods and/or services should the Client, at any time be in breach of any obligation to Skill At Arms Ltd (including those relating to payment). Skill At Arms Ltd will not be liable for any loss or damages the Client has deemed to have suffered because Skill At Arms Ltd has exercised their rights under this clause.
7.4. If any account remains overdue after thirty (30)days then an amount of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) whichever is the
greater, shall be charged for administration fees and shall become immediately due and payable.
7.5. Without prejudice to Skill At Arms Ltd’s other remedies at law, Skill At Arms Ltd shall be entitled to cancel all or any part of any supply agreement with the Client which remains unfulfilled and all amounts owing to Skill At Arms Ltd shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Skill At Arms Ltd becomes overdue of payment, or in Skill At Arms Ltd’s opinion the Client will be unable to meet his payments as they become 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, liquidator, manager (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
8. Right of Cancellation
8.1. Skill At Arms Ltd may cancel any contract to which these Terms and Conditions apply or cancel the delivery of materials products or goods or service at any time before the materials, products or goods and the like are delivered by giving written notice to the Client. On giving notice Skill At Arms Ltd shall repay to the Client any sums paid in respect of the Price. Skill At Arms Ltd shall not be liable for any damages or losses arising from such cancellation.
8.2. Should the Client cancel any contract with Skill At Arms Ltd the Client shall be liable for any loss incurred by Skill At Arms Ltd (including but not limited to loss of profits) up to the time of Cancellation.
8.3. With regards to online bookings of Skill At Arms Ltd’s services and courses, should the Client cancel their booking/contract with Skill At Arms Ltd within 14 days of the advertised commencement date of the service or course, the Client shall forfeit 50% of the fee for that service or course and are also liable for any loss incurred by Skill At Arms Ltd (including but not limited to loss of profits) up to the time of Cancellation.
9. Intellectual Property
9.1. Where Skill At Arms Ltd has designed, drafted or supplied written Works for the Client, then the copyright in those works and documents shall remain vested in Skill At Arms Ltd, and shall only be used by the Client. The Client shall not distribute or sell any works or documents to any third party as supplied to the Client by Skill At Arms Ltd without the written consent of Skill At Arms Ltd.
10. Privacy Act 1993
10.1. The Client and the Guarantor/s (if separate to the Client) authorises Skill At Arms Ltd to:
(a) collect, use and retain any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and
(b) disclose information about the Client, whether collected by Skill At Arms Ltd from the Client directly or obtained by Skill At Arms Ltd from any other party, 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.
10.2. Where the Client and/or Guarantors are an individual the authorities under clause 10.1 are authorities or consents for the purposes of the Privacy Act 1993.
10.3. The Client and/or Guarantors shall have the right to request Skill At Arms Ltd for a copy of the information about the Client and/or Guarantors retained by Skill At Arms Ltd and the right to request Skill At Arms Ltd to correct any incorrect information about the Client and/or Guarantors held by Skill At Arms Ltd.
11. Dispute Resolution
11.1. All disputes and differences between the Client and Skill At Arms Ltd touching and concerning this agreement shall be referred to arbitration under a single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with provisions of the Arbitration Act 1996
12.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the existence, validity legality and enforceability of the remaining provisions shall not be prejudiced, affected or impaired.
12.2. 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 Dannevirke New Zealand or as otherwise directed by the Court.
12.3. Skill At Arms Ltd shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Skill At Arms Ltd of these terms and conditions.
12.4. In the event of any breach of this contract by Skill At Arms Ltd the remedies of the Client shall be limited to damages which under no circumstances shall exceed the contract price for Services provided and limited to the amount of monies paid to Skill At Arms Ltd by the Client in part or full whichever is the lesser amount.
12.5. 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 Skill At Arms Ltd.
12.6. Skill At Arms Ltd may license or sub-contract all or any part of their rights and obligations without the Client’s consent.
12.7. Skill At Arms Ltd 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 Skill At Arms Ltd notifies the Client of such change.
12.8. 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.
12.9. Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood, drought, storm or other event beyond the reasonable control of either party.
12.10. The failure by Skill At Arms Ltd to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Skill At Arms Ltd’s right to subsequently enforce that provision.
Links To Other Web Sites
13.1. Our Service may contain links to third-party web sites or services that are not owned or controlled by Skill At Arms Ltd.
13.2. Skill At Arms Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Skill At Arms Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.