Terms of Trade
Last updated: April 2024
1. Definitions
1.1 “We”, “Us”, and “Our” mean Specialist Collections & Consultants Limited (“SCCL”), and include our Agents, Employees, or any Contractors. 1.2 “Client”, Customer”, “You”, means any individual, the partners in a partnership, a limited liability company, the trustees of a trust, the beneficiary of a trust, the parties in a trading trust, a liquidator, receiver, administrator, the director of a limited liability company, or any person who maintains that they have the apparent authority to contract with SCCL. 1.3 “Services” means debt collection, credit management, credit consultancy, field services, legal services, mediation, dispute resolution, business advisory, independent director, and a combination of more than one of the services at the same or any one time for each instruction that we receive from you. 1.4 “WHO” means World Health Organisation. 1.5 “The Consumer Act” means the Consumer Guarantees Act 1993. 1.6 “Work” means any additional Service that SCCL is requested to perform and is not included in 1.3 above.
2. How are we instructed
2.1 All debt registrations must be registered through our website at www.collectionexpert.co.nz 2.2 All other requests for services in 1.3 must be in writing and sent to info@collectionexpert.co.nz
3. What we charge
3.1 At all times you agree to pay: a. the commission percentage that we charge on all monies paid through our efforts after receiving your instructions in 2.1 and 2.2 above, and whether the money is paid to you directly or to SCCL, or b. our hourly rate at $500.00 + GST, which may be adjusted (upwards or downwards) to ensure the fee is fair and reasonable to consider matters such as the complexity, urgency, value, and importance of the service after receiving your instructions in 2.1 and 2.2 above, or c. a fixed fee for the agreed service and for work that falls outside the scope of the Service will be charged at the hourly rate in 3.1(b), or d. a file closure fee where, after instructing Specialist Collections & Consultants Limited, you decide to withdraw your instructions for any reason, and will be charged as in 3.1(b), or e. disbursements, including but not limited to Court costs, solicitor costs, field service costs, and credit service fees that SCCL has paid on your behalf.
4. Payment
4.1 We may require you to make payment in advance or pay a deposit, being an advanced part payment before we commence work subject to clauses 3.1(b) and 3.1(c) above. 4.2 You will pay in full and without deduction or setoff for the work within 07 working days following the date of the invoice (“Invoice Date”). The payment is made only when funds have fully cleared through the banking system into our bank account. 4.3 You agree to pay the undisputed amount in any invoice where you have notified SCCL that any charge is in dispute. 4.4 If payment of any amount due is not received by the due date, you are in default and agree to pay interest on all amounts overdue at the rate of 2.5% per month on the balance outstanding from the date payment was due until the date the payment is received. The right to charge interest is in addition and without prejudice to SCCL’s other rights in respect of non or late payment. 4.5 If payment on any invoice issued is overdue by 7 days or more from the due date, we may decide to suspend performing the service until the amount overdue and accrued interest is paid in full before any further service will be performed. 4.6 Any amount that is paid that is less than the amount on any invoice issued will not be accepted in full and final settlement, but rather held on account in part payment only of the invoiced amount, unless we agree in writing to accept the amount in full and final settlement. 4.7 You agree that SCCL has the right to deduct money that we hold in our bank account awaiting payment to you and transfer all or part of the money to any amount that you owe or is outstanding to SCCL. 4.8 We reserve the right to recover from you or any other party all costs and/or expenses incurred in instructing a solicitor or debt collection agency to recover any amount overdue for payment (including any amount owing on any Order issued by the Disputes Tribunal or on any Judgment unpaid) and such costs and expenses shall bear interest as provided for in 4.4 above until the date of payment. 4.9 You agree that if you expect to be reimbursed by a third party for our fees and expenses, and although our invoices may, at your request and with our approval, be directed to a third party, you nevertheless remain liable responsible for payment to SCCL if the third party fails to pay SCCL.
5. Customer Obligations
5.1 You agree it is your sole responsibility, subject to clauses 3.1(a), 3.1(b), 3.1(c), 3.1(d), and 3.1(e) to fully understand the nature, extent, complexity, and cost of the service that you instruct us to undertake. 5.2 You must notify SCCL in writing within 24 hours if you receive a payment of any amount directly from a customer after You have instructed SCCL to act for You. 5.3 After instructing SCCL, you must notify us in writing within 24 hours if you receive from the Customer any communication once you have instructed us. 5.4 You must inform SCCL at the time of sending your instructions of any dispute previously raised by the Customer and provide written details. 5.5 You agree that once you instruct SCCL you agree to pay our charges in 3.1 whether your customer pays directly to you or SCCL. 5.6 You agree to provide all the necessary documentation including, but not limited to, terms of trade, invoices, statement of account, terms of engagement, and all written and electronic communication to enable SCCL to adequately, professionally, and legally perform our Service. 5.7 At any time after instructing SCCL, you and the Customer reach a compromise to settle the instructions sent to SCCL, You will pay our charges in 3.1(b) and 3.1(d).
6. Force Majeure
6.1 We shall not be liable for any delay or failure to perform any obligation in whole or in part under these Terms of Trade or any loss or damage (including indirect or consequential loss or damage) if such delay or failure is due to Force Majeure (as that term is commonly understood), including but not limited to Government restrictions, anything considered by the WHO to be pandemic, epidemic, or endemic failure or interruption to the internet, electricity supply, natural events such as floods. Nothing in this clause 6 shall excuse payment of any amount owing as it becomes due under these terms of trade.
7. Electronic Communications
7.1 We may communicate with you electronically from time to time, including sending you Commercial Electronic Messages (as defined in the Unsolicited Electronic Messages Act 2007), and by agreeing to this Contract you consent to such communications. 7.2 Electronically transmitted information cannot be guaranteed to be secure or virus or error free and consequently such information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete or otherwise be adversely affected or unsafe to use. We will not be liable to you in respect of any error, omission or loss of confidentiality arising from or in connection with the electronic communication of information to you. If you do not accept these risks, you should notify us in writing that you do not want us to communicate electronically with you.
8. Counterpart Execution and Electronic Signing
8.1 These terms of trade may be executed in any number of counterparts, all of which together shall constitute the same instrument, and you agree to execute the agreement by electronically signing any such counterpart. 8.2 By executing these terms of trade in any number of counterparts, you and SCCL acknowledge an electronic signature is reliable to determine their approval of an agreement to these terms of trade.
9. Guarantee
9.1 You agree and acknowledge that SCCL may as a term of their trade, at any point, require you to nominate one or more Guarantor(s) to secure your indebtedness and require those Guarantor/s to enter a Deed of Guarantee, as prepared by SCCL. 9.2 The Guarantor/s do jointly, severally, and unconditionally guarantee to SCCL the due and punctual payment by you of all outstanding monies and agree to keep SCCL Planet fully indemnified against all damages, losses, costs, and expenses arising from any failure by you to pay the monies hereby guaranteed. 9.3 It is agreed between SCCL and You that the Guarantee signed by the Guarantor/s can be relied upon between the parties. 9.4 The Guarantor/s have received a copy of the Terms of Trade.
10. Notices
10.1 All notices required or permitted under these Terms of Trade shall be in writing and shall be delivered personally or sent by email. 10.2 Any such notice shall be deemed given when so delivered personally or if sent by email on the following business day. 10.3 If the Customer sends any notice by email, a copy of the “delivery” and or “Read” receipt will be provided to us when requested.
11. Privacy Act 2020
11.1 SCCL or their duly authorised agent may at any time collect, hold and use information relating to this Agreement for any purpose directly connected with its business including (but not limited to) direct marketing, debt recovery, credit reporting or assessment, and to register any security interest, including collecting information from, and disclosing information to, related companies, external credit reporting agencies, debt collection agencies, trade referees and other third parties including all Government Departments. 11.2 The type of information SCCL collects may vary depending on the nature of our connection with you but is likely to include: names, addresses, contact details, dates of birth, occupations, evidence of source of funds, and any other information that assists us in achieving our business purposes as described in 12.1. 11.3 Information disclosed by SCCL or their agent to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services. SCCL or its agent may notify any credit reporting agencies where any amount owing under this agreement has been outstanding for 30 days or more. 11.4 If any information that we require is not provided, SCCL reserves its right to delay provision of its services or perform its obligations until such time as it is provided directly by the client. Except where forbidden by law, we will collect personal information from the individual concerned either directly or indirectly, from third parties (such as using cookies on our website to analyse traffic or a reference given from another person), and from publicly available sources. 11.5 We take reasonable steps to ensure the security and confidentiality of personal information and the privacy of individuals. This includes measures such as physical security of files, electronic security, and authorisation procedures. We will not retain information for a longer period than is necessary for our business purposes. The Customer, any director signing on behalf of the Customer and any Guarantor authorises SCCL or their agent to collect, hold and use information from any person or entity for any of the above purposes, and for such person or entity to disclose information to SCCL or their agent and the Customer, any director signing on behalf of the Customer and any Guarantor further authorises SCCL or their agent to disclose information to any person or entity for any of the above purposes and such person or entity to collect, hold and use information from SCCL. 11.6 We will endeavour, within reason, to ensure that any information we hold is accurate before we use or disclose such information. Any such information can be accessed or corrected at the request of the individual whom the information is about. 11.7 It may be necessary for us to disclose personal information to companies or people we work with, agencies that may be able to verify your information, social media sites, Courts, tribunals, and regulatory authorities. We may disclose personal information to anyone else where disclosure is authorised by you, or where we are required to by law. 11.8 Any Client who provides personal information will be advised of:
- The fact that information is being collected.
- The purpose for which the information is being collected.
- The intended recipients of the information.
- The name(s) and address(es) of –
- The agency that is collecting the information; and
- the agency that will hold the information.
- If the collection of the information is authorised or required by, or under, law –
- The law by, or under, which the collection of the information is required or authorised; and
- Whether the supply of that information is voluntary or mandatory.
- The consequences for the client if the requested information is not provided; and
- The rights of access to, and correction of, information provided by the client.
12. Limitation of Liability
12.1 Where you acquire our Services for business, you agree and acknowledge that You are not a “consumer” as defined by the Consumer Guarantees Act 1993 (“the Consumer Act”) and that the Services supplied to You are for business; and you further agree that the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or implied by common law will not apply and are excluded from these Terms of Trade including the right to consequential losses are expressly excluded pursuant to section 43(2) of the Consumer Act. 12.2 SCCL shall have no liability or responsibility for any losses of profits, revenue, lost business opportunity, anticipated savings, wasted overheads, and damage to the goodwill of You or your Client, direct, indirect, or consequential injury, loss, or any damage whatsoever and howsoever arising.
13. Solvency Test
13.1 Where the Customer is a limited liability company the directors agree at the time of instructing SCCL to provide a Service in 1.3 above, that the Customer satisfies the solvency test set out in section 4 (1) of the Companies Act 1993. 13.2 The directors agree to notify SCCL immediately if there is doubt, at any time, whether the company is solvent. 13.3 The directors agree to provide SCCL with a signed solvency certificate at any time when asked by SCCL to do so.