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TERMS & CONDITIONS

DRIVING ASSESSMENTS LIMITED

1) GENERAL TERMS

  1. These terms apply to all services that DRIVING ASSESSMENTS LIMITED provides to the customer at any time, whether now or in the future. These terms always apply except when DRIVING ASSESSMENTS LIMITED has expressly notified the customer otherwise in writing.
  2. Any instructions or order received by DRIVING ASSESSMENTS LIMITED from the customer will constitute acceptance of these terms.
  3. These terms;
    1. May be amended by DRIVING ASSESSMENTS LIMITED from time to time;
    2. Express the entire understanding and agreement between the customer and DRIVING ASSESSMENTS LIMITED.
    3. Shall prevail in the event of any conflict between these terms and the provision of any document used by the customer or any other agreement with DRIVING ASSESSMENTS LIMITED; and
    4. Can only be varied by express acceptance in writing.
  4. New Zealand law applies to this contract.

2) INTERPRETATION

  1.  No inconsistency, omission or error in the contract documents invalidates this contract.
  2. Words used in the singular also include the plural, and words used in the plural also include the singular, as the context requires.

3) DEFINITIONS

  1. “Assessor” or “Instructor” means the person approved by NZTA, MITO or Competenz to conduct assessments. And is the person employed by DRIVING ASSESSMENTS LIMITED conducting the training or instructing.
  2.  “Competent” or “Competency” means the customers’ ability to successfully and efficiently operate vehicles and machinery.
  3. “Competenz” is a registered industry training organisation located in New Zealand.
  4. “Customer”, “Customers” means any person buying or registering for a service with DRIVING ASSESSMENTS LIMITED.
  5. “DRIVING ASSESSMENTS LIMITED” means DRIVING ASSESSMENTS LIMITED or any associated division, company, employee, agent, assessors, instructors or trainers.
  6. “Insurance Excess” means any excess payable by DRIVING ASSESSMENTS LIMITED, a Lessor or Lender as a result of damage caused by a customer.
  7. “Lender” means any entity that loans a vehicle or machinery to DRIVING ASSESSMENTS LIMITED.
  8. “Lessor” means any entity that leases or rents a vehicle or machinery to DRIVING ASSESSMENTS LIMITED.
  9. “Insurance Excess” means any excess payable by DRIVING ASSESSMENTS LIMITED, a Lessor or Lender as a result of damage caused by a customer.
  10. “MITO” means Motor Industry Training Organisation.
  11. “NZTA” means New Zealand Transport Agency.
  12. “Practical Training” means any training conducted using machinery, vehicles or equipment leased, borrowed or loaned by DRIVING ASSESSMENTS LIMITED.
  13. “Service” or “Services” means any service that is provided by DRIVING ASSESSMENTS LIMITED.
  14. “Theory Training” means any training conducted within a classroom setup.
  15. “Waka Kotahi” used as the Māori name for New Zealand Transport Agency.
  16. “We” and “Us” and “Our” means DRIVING ASSESSMENTS LIMITED.
  17. “You” and “Your” means any customer.

4) CUSTOMER’S AND DRIVING ASSESSMENTS LIMITED’S GENERAL OBLIGATIONS

  1. Both parties must:
    1. comply with all health, safety, and other legal obligations owed in law and under this contract;
    2. comply with all health and safety practices on site;
    3. keep each other adequately informed of matters affecting the services;
    4. undertake all their obligations in a timely manner.

5) DRIVING ASSESSMENTS LIMITED’S GENERAL OBLIGATIONS

  1. DRIVING ASSESSMENTS LIMITED must:
    1. Carry out the services in line with this contract and other services that may be agreed to be provided.
    2. Request any information needed to carry out the services;
    3. Act independently and impartially when deciding on contract administration matters between the Customer and a third party; and
    4. Get the Customer’s approval before services on the Customer’s behalf that are additional to the services.
  2. DRIVING ASSESSMENTS LIMITED will carry out the services with the reasonable skill and care expected of a professional Assessor or Instructor.
  3. When there is a conflict of interest DRIVING ASSESSMENTS LIMITED will not provide services for a customer.
  4. DRIVING ASSESSMENTS LIMITED must notify the Customer if the completion of the services will be delayed. DRIVING ASSESSMENTS LIMITED must take reasonable measures within their control to reduce any delay to the services.

6) CUSTOMER’S GENERAL OBLIGATIONS

  1. The Customer must:
    1. pay DRIVING ASSESSMENTS LIMITED in line with this contract;
    2. promptly provide information to DRIVING ASSESSMENTS LIMITED when requested; and
    3. make decisions within a reasonable time when requested by DRIVING ASSESSMENTS LIMITED.
  2. If DRIVING ASSESSMENTS LIMITED’s scope of services includes issuing instructions to a third party engaged by the Customer, all instructions must be given through DRIVING ASSESSMENTS LIMITED.
  3. DRIVING ASSESSMENTS LIMITED may request the Customer to make decisions about some of the services to be provided by DRIVING ASSESSMENTS LIMITED. The Customer must respond to a request within a reasonable time.

7) BOOKINGS

  1. The customer agrees that payments will be made once the terms and conditions have been accepted by the customer once payment has been made.
  2. DRIVING ASSESSMENTS LIMITED will confirm bookings once full payments have been received.
  3. Booking fees will not be refunded if customers;
    1. Do not attend practical assessment with a logbook and leaner licence for the class of full licence sort.
    2. Do not attend theory assessment with all reading material provided before the start of the course.
    3. Are found to be incompetent in the practical or theory assessment.
    4. For any reason have their license cancelled, suspended or revoked by Competenz or NZTA (Waka Kotahi) or any other New Zealand authority.
    5. Are found cheating or plagiarising any work in any practical or theory assessment.
    6. Attend any practical or theory assessment late.
    7. Attend any practical or theory assessment under the influence of alcohol.
    8. Attend any practical or theory assessment under the influence of any prescription drugs that affect their mental state and ability to partake in any practical or theory classes.
    9. Attend any practical or theory assessment under the influence of non-prescription drugs.
    10. Do not present the prerequisites required of their course before the start date of their course.
    11. During any theoretical or practical training and/or assessment, decide not to continue with the course.
    12. Are withdrawn by any instructor if that instructor believes the customer is unable to reach the necessary standards of safety and control.

8) CANCELLATIONS

  1. The customer agrees that any cancellations must be made within 48 hours of the commencement of any course.
  2. Any fees paid in advance of the course start date may be repaid to the customer if the cancellation is made within 48 hours of the course start date. Customers will incur a $100.00 processing fee to DRIVING ASSESSMENTS LIMITED.
  3. Any cancellation requests for paid invoices will incur a non-refundable $100.00 processing fee to DRIVING ASSESSMENTS LIMITED.
  4. Any payments made with a Visa or Mastercard credit or debit card will be refunded to the original card used at the time of payment.
  5. Failure to provide 48 hours’ notice of cancellation may result in a processing fee of the full original fee.

9) BEHAVIOUR

Any customer engaging the services of DRIVING ASSESSMENTS LIMITED must;
  1. Act in accordance with the instructions given by any trainer or assessor of DRIVING ASSESSMENTS LIMITED.
  2. Wear suitable protective gear during all practical classes.
  3. Inform DRIVING ASSESSMENTS LIMITED of any mental or physical condition that may affect any safety or training standards.
  4. Not operate any vehicle or machinery in a dangerous or inappropriate manner.
  5. Operate any vehicle or machinery in accordance with New Zealand legislation.

10) NON-COMPLIANCE

  1. Customers are required to always have the correct license while operating any vehicles or machinery. Failure to do so will result in the customer forfeiting the entire booking fee.
  2. Any trainer or assessor has the right to stop any customer who does not have the correct license on the day of Theory of Practical Assessment.
  3. Trainers and assessors do not have a responsibility to give customers reminders in any form.

11) WEATHER

  1. Practical and theory training generally will continue regardless of weather conditions.
  2. Practical and theory training will not continue if the weather conditions are hazardous. Such determination shall be the sole responsibility of DRIVING ASSESSMENTS LIMITED.
  3. Any practical or theory training that is discontinued due to weather conditions will be rescheduled.
  4. DRIVING ASSESSMENTS LIMITED will inform customers of any changes to course schedules.

12) COMMUNICATIONS

  1. All customers must give DRIVING ASSESSMENTS LIMITED an emergency contact in the event of an emergency, health or wellbeing event whilst the customer is attending any course.
  2. Communication will be made via text message. It will be the customers responsibility to check their messages for any communication.  Driving Assessment Limited will not take any responsibility for any missed text messages.

13) CLOTHING

  1. All customers must arrive to practical assessment in Hi-Vis and enclosed shoes. PPE Gear will not be provided.
  2. Customers that do not turn up in the correct PPE Gear will be turned away and any fees paid shall not be refunded.

14) LIABILITY AND INSURANCE

  1. DRIVING ASSESSMENTS LIMITED is not liable for:
    1. any indirect, consequential, or special damages of any kind;
    2. errors in information provided by others; and
    3. the act or failure to act by the Customer or others engaged by the Customer.
    4. Any damage resulting from a customer’s irresponsibility.
    5. Any damage resulting from a customer negligence.
  2. Customers will be responsible for any damage they have caused to any vehicle or machinery and will be required to;
    1. Pay any insurance excess and/or
    2. Repair any damage caused to any vehicle or machinery and/or
    3. Repair any damage caused to any third-party vehicle or machinery and/or
    4. Repair any other property damage.
  3. If any compensation is sought against the customer from any owner, lessor or lender of any vehicle or machinery, DRIVING ASSESSMENTS LIMITED will share the following;
    1. Customer acceptance of these terms and conditions.
    2. Full contact details of the customer.
    3. Copy of customers identification, such as a copy of driver’s licence.
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