Terms and Conditions

Any Account and any Goods supplied or arranged to be supplied by DTS at the request of the Customer shall be subject to the Terms.

Definitions

“Account” means all accounts (however titled) provided by DTS at the request of the Customer, to record any transaction, purchase of Goods or receipt of Goods prior to payment (and includes and agreed quote).

“Address for Service” means:

(a) for the Customer or Guarantor:

(i) (at DTS’ election) the postal or email address last notified in writing to DTS;

(ii) if it is a company the address for service filed at the NZ Company Office;

(b) for DTS, 38 The Boulevard, Te Rapa, Hamilton.

“Amount Owed” includes any fee for the Data Service, taxes, duties or levies, and means the amount specified as the Account closing balance on a Customer Statement (plus any subsequent Default Event costs) to be paid by the Due Date.

“Customer”, or “you” means the purchaser of Goods; a User; the person/ legal entity described in the Application who applies for and opens the Account, or who operates the Account to record any transaction; access the Data Service; buy Goods, from or through DTS.

“Data Service Terms” means the terms that apply to the Customer use of Data Service.

“Default Event” means an event where:

a) the Customer or Guarantor fails, or in our opinion is likely to fail, to comply with the Terms, or any other contract with us;

b) DTS enforces or exercises any right to protect its interests under the Terms.

c) the Customer or Guarantor commits an act of bankruptcy;

d) the Customer or Guarantor enters into any composition or arrangement with creditors;

e) if the Customer or Guarantor is a company:

i) does anything which would make it liable to be put into liquidation;

ii) a receiver or statutory or official manager is appointed over any of its assets;

iii) a resolution is passed, or an application is made for its liquidation;

iv) the ownership or effective control of the Customer/ Guarantor or the Customer /Guarantor business is transferred, or the nature of the Customer/Guarantor business is materially altered.

“DTS” or “we”, “us” or “our” means Dairy Technology Services Limited and includes any authorised agent, director, financial controller, and manager.

“Due Date” means the date notified by us to the Customer by which the Amount Owed must be paid and if no date is specified, is the 20th day of the month following the Invoice date or Statement month whichever is the earlier.

“Goods” means any goods or Services provided by us or arranged through us at your request and recorded to the Account or Invoice.

“Guarantor” means any guarantor of a Customer signing a Deed of Guarantee and Indemnity.

“Invoice” means the DTS business record of Goods sold.

“Invoice Date” means the date recorded by DTS for any Goods debited to the Account.

“PIN” means the access identification required before a Customer can access the Account or Data Service. 

“PPSA” means the Personal Property Securities Act 1999.

“Services” includes “Data Service”, engineering services and all other services provided by DTS.

“Statement” means the Dairy Technology Services Ltd monthly business record of Account transactions.

“Terms” means these Terms and Conditions, Data Service Terms and any

a) notified amendment;

b) additional terms recorded on a document or Invoice.

“User” means any person authorised by the Customer to use the Account or the Data Service.

Amount Owed

1.0 You agree to pay any amount you owe to us by the Due Date in full without any deduction, whether by way of set off, counterclaim, or any other equitable legal claim.

2.0 If you have any ongoing subscription services or other regular payment arrangements for Goods DTS may increase the costs of such regular payments where DTS is subject to cost fluctuations in providing the Goods.

Supply

3.0 Supply of Goods is completed on the earlier of:

3.1 despatch from DTS premises;

3.2 despatch/supply from DTS’ supplier if supplied directly to the Customer;

3.3 the Invoice date.

4.0 DTS Ltd shall not be liable for failure to supply, refusal to supply, or defective supply of Goods.

Site Safe

5.0 Where DTS is required to perform Related Services at a site it does not occupy and control, the Customer will: 

5.1 Notify DTS of all hazards at that site, and otherwise comply with its obligations under the Health and Safety at Work Act 2015.

5.2 Ensure that DTS is authorised to be on that site, and that DTS will have unrestricted access to the site during agreed working hours.

5.3 Ensure that DTS has access to all services at the site that are reasonably required by DTS to perform the Related Services.

5.4 Indemnify DTS in respect of any loss or liability that DTS faces because of its presence and work at that site, save to the extent that the losses were directly caused by DTS’s negligence.

Risk and Security Interest

6.0 Risk of any loss, damage or deterioration to the Goods passes to the Customer on supply.

7.0 Ownership of the Goods remains with DTS and does not pass to the Customer until the Customer pays all amounts owed to DTS.

8.0 Until payment of all amounts owed the Customer shall insure the Goods for their full insurable value with DTS’ interest noted on the relevant insurance policy.

9.0 The Customer grants a security interest in the Goods to DTS as security for payment of the Goods, and for any other amounts from time to time owing by the Customer to DTS, and for the performance by the Customer of all the Customer’s other obligations to DTS.

10 While ownership of the Goods remains with DTS:

10.1 the Customer shall store the Goods separately, not mix them, and identify them as belonging to DTS.

10.2 DTS authorises the Customer in the ordinary course of the Customer’s business to use the Goods or sell them for full consideration. This authority is revoked when a Default Event occurs or as otherwise notified to you.

10.3 the Customer must advise DTS immediately of a Default Event or any action by third parties (including any of the Customer creditors) affecting our security interest in the Goods.

10.4 DTS (as the Customer’s agent and pursuant to an irrevocable licence granted by the Customer) may enter the premises where the Goods are stored and remove them, without being responsible for any damage caused and the Customer shall indemnify DTS against any claim or cost arising from such action.

11.0 The Customer agrees to promptly do anything that DTS reasonably requires to enable registration of a financing statement or financing change statement under the PPSA ensuring a first ranking perfected security interest in the Goods (and sale proceeds) is maintained by DTS.

Contracting out of the PPSA

12.0 The Customer waives the right to receive a copy of any PPSA verification statement relating to any DTS security interest.

13.0 The Customer:

13.1 shall not register any other PPSA security interest in the Goods without our prior written consent;

13.2 waives, contracts out of and agrees that nothing in sections 107, 116 to 134 inclusive of the PPSA shall apply to these Terms, or any security interest under these Terms; and

13.3 shall pay all costs, expenses and other charges incurred by DTS in relation to:

a) the filing of a financing statement or financing change statement; or

b) any dispute or negotiations with a third party claiming an interest in the Goods. 

Liability Limitation

14.0 The opening of an Account with us is agreement that the Customer acquires any Goods for business purposes (unless there is express written acknowledgement by us to the contrary) and the Consumer Guarantees Act 1993 does not apply.

15.0 The Customer acknowledges that the obligation to pay the Amount Owed does not depend on any representation by us about the delivery of Data Service or any future Data Service feature or functionality.

16.0 Except as provided in any express written warranty given and to the extent permitted by law, DTS:

16.1 excludes any condition, description, recommendation, representation, warranty for Goods whether implied by custom, law, trade, or otherwise and whether relating to fitness, merchantability, suitability for purpose, or otherwise and all specific conditions even though such conditions may be known to us; and

16.2 is not under any circumstance liable to the Customer or any other person, whether in contract, equity, tort (including negligence), or otherwise, for any damage liability or loss whatsoever (for example any event beyond our control where the Services and Data Service cannot be used; defective supply of Goods; inability to use Goods; recommendation; refusal to supply Goods; use of Goods) whether consequential, direct, indirect, or special, and the Customer indemnifies DTS against any such claim.

16.3 If we cannot rely on the exclusion of liability in 16.2 the Customer agrees the maximum liability in respect of the Goods shall be limited to the price of the Goods.

17.0 The Customer indemnifies DTS from and against all liability and loss arising out of or in connection with any breach of these Terms by the Customer, or any act or omission of the Customer, other than to the extent that the losses were directly caused by DTS.

Claims

18.0 DTS may at its complete discretion, replace or give credit for the Goods not supplied; incorrectly recorded; or supplied and established to be defective provided that:

18.1 any claim or dispute of a business record on an Invoice or Statement must be notified to DTS within the month following the date of the business record or delivery of the Goods together with all supporting documentation;

18.2 all claims must specifically identify the incorrect business record or defect;

18.3 the Customer shall take all steps to ensure that DTS has every opportunity to investigate the claim.

19.0 The Customer agrees that DTS’ records shall be definitive when determining any amount in respect to an Invoice or Account.

Default Event

20.0 Should a Default Event occur DTS may at its sole discretion:

20.1 suspend or terminate the Account;

20.2 require immediate payment of all amounts owed notwithstanding that the Due Date has not arrived;

20.3 charge interest at the rate of 1.5% per month (or such other rate as DTS may notify in respect of the Amount Owed). Such interest shall accrue on a daily basis from the Invoice Date until payment is made in full and is charged by way of damages for failure to pay to the Customer;

20.4 reverse any discount recorded on an Invoice or Statement;

20.5 require the Customer to pay for all administration collection costs; legal costs of DTS as between solicitor and client; any collection commissions/costs incurred as a consequence of the Default Event; or

20.6 make a demand on the Guarantor.

Information Use

21.0 The Customer and Guarantor agree that the personal information provided, obtained and retained by DTS about them (including personal information about Customer/Guarantor directors or trustees) will be held and used for any or all of the following purposes including: determining eligibility for the Account; the supply of Goods; enforcing debt and legal obligations under the Terms; any credit checks with third parties, the marketing of Goods including emails and market research by DTS, or any DTS supplier; any form of communication; otherwise in carrying on DTS business.

22.0 The Customer and Guarantor irrevocably authorise DTS to:

22.1 use any personal information for the purposes in clause 21;

22.2 provide any personal information (along with details of any dealings between the Customer, Guarantor and DTS) to any third party (including a credit reporter where the personal information is able to be accessed for genuine credit-related purposes by other credit inquirers);

22.3 obtain any information concerning the Customer and Guarantor (including personal information about Customer/ Guarantor directors or trustees) from any other source for DTS business with the Customer and Guarantor.

23.0 The Customer may request details of all personal information held by DTS and is entitled to require correction of any information.

Account access and PIN

24.0 The Customer shall not share Account or Data Service details or login access with anybody else.

25.0 The Customer shall:

25.1 keep the PIN secure;

25.2 not allow anybody else to use the PIN;

25.3 immediately notify DTS if the PIN is disclosed to anybody else.

Assignment/Cancellation

26.0 The Customer cannot assign any right or obligation under the Terms.

27.0 DTS is entitled to:

27.1 assign all or part of the Amount Owed and the assignee shall be entitled to claim all or part of the Amount Owed.

27.2 cancel the Account or any part of the Terms at any time with or without prior notice. Any such cancellation shall be without prejudice to DTS rights and remedies.

28.0 The Customer may close the Account at any time by giving written notice to DTS that the Account is to be closed and repaying the Amount Owed. The Customer will remain liable for all amounts owed until written acknowledgement is provided by us that the Account is closed and all amounts have been paid.

Other Terms

29.0 If there is any inconsistency between the Terms and any order of the Customer, or any other arrangement between the parties, the Terms shall prevail unless otherwise agreed in writing by the parties.

Waiver

30.0 If at any time DTS does not enforce the Terms, or grants the Customer time or other indulgence, DTS shall not be construed as having waived the Terms or its right to later enforce the Terms.

Terms Separately Binding

31.0 Each clause of the Terms is separately binding. Where any clause is void, unenforceable or otherwise ineffective by operation of New Zealand law the remaining clauses shall continue to be valid and enforceable.

Sending Bills and Notices and Serving Documents

32.0 DTS will send or deliver any document, Invoice, newsletter, notice, Statement to the Address for Service. The Customer and Guarantor agree and acknowledge any:

32.1 Invoice, notice or Statement is deemed received 4 days after it has been sent by post; 

32.2 Document has been served and received on the date of delivery;

32.3 Email is deemed received 1 day after it has been sent.

Returns

33.0 Where DTS at its discretion allows the Customer to return Goods (not defective or non-complying) we reserve the right to charge a return fee in addition to any delivery cost.

Overall Discretion

34.0 DTS may at any time in its discretion and without giving notice refuse further credit 

Updating these Terms

35.0 DTS reserves the right to amend and update these Terms from time to time. Updated terms will apply from the date they appear on our website (and will not apply retrospectively).

Dairy Technology Services Limited (“DTS”, “we” or “us”) is committed to protecting your personal information in accordance with the privacy principles in the Privacy Act 1993 (“Act”). This policy sets out our practices relating to information collection, use, and disclosure.

DTS collects, holds and uses personal information from members of the public, customers, and business relations for lawful purposes connected with activity carried out by DTS.

The privacy of your personal information is important to us, so we will not provide your information to any third parties except;

• To comply with any legislative requirements;

• By court order or demand of a regulatory authority;

• To defend against legal claims;

• Otherwise as permitted by the Act; or

• When we have your permission.

Collection and use of personal information

We are permitted by the Act to collect your personal information directly from you when you deal with us by telephone, by correspondence through a letter, fax or email, via our website, by filling in an online form. We will receive information from you in the process of accepting an order, setting up an account, processing a payment transaction, issuing a tax invoice, and answering general queries.

We will take all reasonable steps to ensure that all personal information is protected against loss, unauthorised access, use, modification or disclosure and other misuse.

We may use your personal information as follows:

• To provide you with services to help us develop our website or to personalise the services offered to you;

• To ensure our business systems are functional and reliable;

• To conduct marketing activities including market research, customer profiling and targeted marketing activities;

• To provide to our third party suppliers to ensure the product or service you have purchased will be effective and reliable.

DTS will respond to any request by an individual to access and correct personal information as soon as possible following receipt of such request.

Complaints

Complaints about a breach of the privacy principles in the Act should be directed to Dairy Technology Services, 38 The Boulevard, Te Rapa Park, Hamilton 3200, PO Box 20502, Te Rapa, Hamilton 3241 phone: 0800 500 387 email: customer.services@dts.co.nz

We have statutory obligations to:

• Deal with requests for access to and/or correction of personal information;

• Ensure we comply with the privacy principles in the Act;

• Work with the Privacy Commissioner on any investigation into DTS.

Cookies

DTS uses cookies and other tracking systems on our website. A cookie is a small text file which is stored on your computer’s hard drive when you first visit the Website. The cookie identifies your computer uniquely but does not harm your computer and does not identify you. This information may be used in a number of ways, such as to identify repeat visitors to our Website, areas of interest on our Website and to analyse visiting patterns. We also use Google Analytics to collect data about visits to our Website via Google advertising cookies and anonymous identifiers (a technology that performs a similar function to a cookie).

Storing of Information

DTS will never rent or sell your personal information.
Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, DTS cannot ensure or warrant the security of any information you transmit to us via email or through the website. We have appropriate physical, electronic and managerial procedures in place to safeguard and secure the information we collect to prevent unauthorised access or disclosure, maintain data accuracy, and ensure the appropriate use of information.

Access to Other Websites

Our website also contains links to other sites and third party information. We are not responsible for the privacy practices or the content of other websites. In addition, a link to a website is not an endorsement by us of that site and DTS does not accept any responsibility for the content, or the use, of such website. Any third party data provided on our website is accurate to the best of our knowledge, but we have no obligation to you should the third party data not be accurate.

In no event will Dairy Technology Services Limited be liable to any party for any direct, indirect, special or other consequential damages for any use of this website, or on any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.

Variation

We may vary our Privacy Policy from time to time at our sole discretion. If we do so, we shall post the new Privacy Policy without prior notice to you. Such changes will become effective immediately upon being posted on our website.

1. Subject to the conditions of warranty set out in Clause 2 the Dairy Technology Services (DTS) warrants that if any defect in any workmanship for a product manufactured by DTS becomes apparent and is reported to DTS within twelve (12) months of the date of delivery (time being of the essence) then DTS will repair the defect or replace the goods.

2. The conditions applicable to the warranty given by DTS are:

(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

i) Failure on the part of the customer to correctly set up, apply, fit, use or maintain the product in accordance with any instructions, guidelines or manuals provided by DTS; or

ii) Any use of any product otherwise in accordance with its usual purpose, unless specified otherwise on a quote or order form; or

iii) The continued use of any product after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

iv) any fault in the 240 volt power supply to the product or damage by electrical spikes, power surges or lightning. The customer is responsible for taking insurance cover for such risk or implementing risk management precautions, such as the installation of an in-line UPS power supply and regulator; or v) Fair wear and tear, any accident or act of God.

(b) The warranty shall not cover: i) Damage to other products (apart from those covered by warranty), or other losses, loss of profits, damages or injuries or consequential loss; and ii) Any claim that is not made within the applicable warranty period, and in accordance with the procedures and requirements set out in clause 2(c).

(c) DTS shall be under no obligation to make good or replace the product pursuant to the warranty except if the following procedures and requirements shall have been compiled with and met in respect of any claim:

i) DTS shall be notified of any defect as soon as the defect becomes apparent to the customer; and

ii) The customer shall use their best endeavours, whether directly or indirectly, to provide DTS or its agent an opportunity of inspecting the product and the site upon which the defect has occurred or first become apparent; and

iii) Payment for the product being completed as agreed.

(d) The warranty shall cease and DTS shall thereafter in no circumstances be liable under the terms of the warranty if:

i) the product is fitted to or used on any application other than any application which is specified in an order or quote form, or natural intended use; or

ii) the product is repaired, altered or overhauled without DTS’s consent. Note that if an agent who is not authorised by DTS attempts to repair or fix a fault without the consent of DTS, the customer shall be liable for any expenses incurred.

(e) In respect of all claims, DTS shall have the sole and unaffected discretion to decide whether repairs shall be made to the product or whether the product shall be replaced, and in either case DTS shall not be liable to compensate the customer for any delay in either replacing or repairing the product or in properly assessing the customer’s claim.

(f) Where a fault in the product(s) interferes with the normal milking operation it is the responsibility of the customer to resort to normal milking operation by removing the product from the milking equipment.

3. Under no circumstances shall DTS be liable for any loss or damage (including, but not limited to, loss of profits, lowering of milk grades or consequential losses) arising from use of DTS products either on a stand alone basis or in conjunction with other products.

4. This warranty is to be read in conjunction with any “Warranty Card” that is supplied with the product. If there are any inconsistencies between any other warranties provided in respect to a product and this warranty then the warranty contained in this document shall prevail.

5. For products not manufactured by DTS the warranty shall be the current warranty provided by the manufacturer of the product. DTS shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer's warranty (if any).  The product must be serviced by DTS at customer cost within 6 months of installation for the warranty to be valid. For Ice Banks and TT Chillers manufactured by DTS, the product must be serviced by DTS at customer cost within 6 months of installation for the warranty to be valid.

1.0 DTS Service-Man Plan 

These Service-Man Terms of Service are supplemental to the Terms and Conditions existing between you and DTS. Unless the context otherwise requires all defined terms shall have the same meaning as contained in the Terms and Conditions. This serves as an agreement between Dairy Technology Services Limited trading as DTS and the Customer. This agreement provides for an exclusive Service-Man Plan for On-Farm Equipment.

2.0 DTS Service Commitment

2.1. DTS will maintain the Equipment with one proactive maintenance service every year during the contract period and will undertake repairs as necessary so that the Equipment performs to manufacturer’s standards (fair wear and tear excepted). 

2.2. The specific equipment is identified in our records for your farm and with on-farm with labels provided by DTS and affixed to the equipment. This agreement does not cover equipment that is installed by a party other than DTS or a DTS approved contractor or which has not been accepted for cover under the Service-Man Plan by DTS. 

2.3. Chiller Equipment used for an on-farm milk holding tank that is compliant with the New Zealand MPI milk cooling regulations (NZCP1) is eligible for cover by the On-Farm Asset Care Plan. Equipment that is not capable of meeting the NZCP1 regulations will be excluded from the Service-Man Plan.

2.4. DTS will provide a Customer Service Centre twenty-four hours, seven days a week and guarantees a two hour response time to any Customer Service Centre query received between 7 a.m. and 7 p.m. DTS will respond by phone to the Customer’s request for assistance within two hours and will schedule a service to suit the urgency of the request. Calls received after 7 p.m. will be responded to before 9 a.m. the following day.

2.5. DTS recognises that certain items of Equipment may be critical to the farm operation and will use best endeavours to service any fault to critical Equipment covered by the Service-Man Plan within a reasonable time of DTS receiving such notification. DTS is not able to organise for a special collection of milk by a Processor in cases where a fault in the Vat Chiller Equipment is identified.

2.6. At the conclusion of an initial inspection or after each proactive maintenance service, DTS will deliver to the Customer an inspection report detailing the services performed.

3.0 Limitation of Liability

3.1. Due to milk processor (‘Processors’) rules related to the collection of milk that is above the specified or required temperature, DTS will not accept liability for milk which is not collected or which a Processor refuses to collect or which is lost or is required to be disposed of due to Vat Chiller Equipment failure. All other losses (including indirect or consequential losses) are also excluded.

3.2. If DTS is found to be liable under this Agreement then the Customer agrees that DTS’s maximum liability for all claims shall not exceed the fee payable by the Customer pursuant to this Agreement in the 12 months prior to any claim.

4.0 Term

4.1. This agreement will be for a period of 12 months (term) commencing on the date that the agreement is signed.

4.2. This agreement will automatically renew on expiry, for a subsequent term (based on the Service-Man fee) of 12 months, unless either DTS or the Customer has provided written notice of an intention to terminate at least 30 days prior to the end of the Term. 

5.0 Cost

The Customer will pay: 

5.1. The fee as agreed between DTS and the Customer and outlined in DTS’s proposal to the Customer by method of Direct Debit annually which will be charged on the anniversary date of the agreement. 

5.2. The cost of all parts and consumables used over and above completion of the service.

5.3. Any cost or fee that is outside the Service-Man Plan as agreed between DTS and the Customer.

5.4. Any fee notified to the Customer by DTS for a renewed Term unless this agreement is terminated by the Customer on expiry of the Term.

5.5. All reasonable collection charges and legal costs (including solicitor and own client costs) incurred by DTS as a result of default in payment. Payment terms will otherwise be in accordance with DTS standard terms and conditions.

6.0 Customers’s Performance

Before requesting a service, the Customer must ensure that:

6.1. The equipment has power (check fuses, power supply and switches).

6.2. All overload switches have been reset. Services that arise because of failure to do these steps will be charged at DTS’s standard rates and are not covered by the Service-Man Plan. 

6.3. The Customer will maintain all associated equipment so it does not impact on the performance of the Equipment.

6.4. The Customer will comply with any local authority bylaws or central government laws or regulations.

6.5. The Customer will not do or allow to occur anything that will impair the operating life or performance of the Equipment. 

6.6. The Customer will not install peripheral equipment that may impact on the performance of the equipment. 

6.7. In the event that an item of equipment is installed by a party other than DTS during the Term, DTS will need to conduct an audit of the installed equipment to determine whether it can be accepted under the Service-Man Plan. The Customer will be charged for this audit. If additional equipment is added, the Service-Man Plan cost will be adjusted.

6.8. The Customer will monitor the operation of the Equipment and notify DTS immediately on the Equipment not performing to manufacturer’s standards (fair wear and tear excepted).

6.9. In the case of Vat Chiller Equipment the Customer will check whether the temperature of the milk in the Farm Tank has commenced reducing one hour after the completion of milking and if not, the Customer will notify DTS immediately. If the DTS Vat-Man MVMS solution is installed on the farm, then the Customer grants DTS permission to proactively monitor the data for milk cooling abnormalities.

The Customer acknowledges the limitation to DTS’s liability specified above.

6.10. The Customer will pay for all maintenance, repair and replacement costs to the Equipment as a consequence of the Customer’s breach of this agreement, by the 20th of the month following the date of any invoice. 

7.0 Transfer of Ownership 

7.1. If the Customer sells their farm complete with the Equipment the Customer may assign this agreement to the purchaser at no additional cost. If the Customer does not assign this agreement then this agreement will terminate and the Customer will pay the DTS Service-Man Plan fee to the end of the Term.

Where the Customer assigns this agreement to the purchaser, the Customer must notify DTS of this assignment. DTS reserves the right to refuse to accept the assignment of the agreement. In order to assist with the assignment of this agreement, DTS will, upon request provide a value of the residual DTS Service-Man Plan at the date of assignment.

8.0 Termination 

8.1. DTS may terminate this agreement immediately by giving written notice to the Customer, if the Customer:

• Is unable to pay debts in the normal course of business or DTS reasonably forms a view that the Customer is insolvent.

• Breaches any term of this agreement.

• Purchases replacement Equipment from a party other than DTS. 

8.2. If this agreement is terminated by DTS for any reason the Customer will pay the DTS Service-Man Plan fee to the end of the Term Plus any other amounts owed by the Customer under this agreement as at the date of termination.

8.3. The Customer may terminate this agreement without cause provided the Customer pays the DTS Service-Man Plan fee to the end of the Term plus any other amounts owed by the Customer under this agreement as at the date of termination. 

9.0 Entire Agreement

This agreement is the entire agreement between the parties and replaces any earlier agreements, representations or warranties, whether oral or written, between the parties relating to its subject matter.

10.0 Dispute Resolution

10.1. If any question or dispute arises under this Contract, the parties must first use their best efforts to resolve such question or dispute through good faith negotiations. 

10.2. Any dispute arising under this Contract which cannot be settled by negotiation between the parties within 20 working days must then be submitted to mediation by either party initiating mediation by giving written notice to the other. 

10.3. If the parties cannot agree a mediator, within two working days of the notice, then the mediator will be selected by the President for the time being of LEADR (Lawyers Engaged in Alternative Dispute Resolution) or its successor.

10.4. The parties agree to continue to perform their obligations under the contract as far as possible as if no dispute had arisen pending the final settlement of any matter referred to mediation.

10.5. Nothing in this clause shall preclude either party from taking immediate steps to seek urgent equitable relief before a New Zealand Court.

11.0 Discount

11.1 Any discount and loyalty schemes offered will be at the discretion of DTS. DTS reserves the right to review or remove the discount at any time.

11.2 Service-Man discount does not apply to stainless steel engineering or manufacturing.

Energy Efficiency Disclaimer

Energy savings and cost savings are based on comparative analyses of traditional refrigeration systems utilising R404A.

While we endeavour to provide accurate and up-to-date information regarding potential energy savings, we cannot guarantee identical results for individual installations. Actual efficiency gains may vary due to numerous factors beyond our control, including but not limited to: ambient temperature, system design, refrigerant contamination and maintenance practices.

Environmental Impact Disclaimer

While we try to be accurate with data about the environmental impacts of various refrigerants, however, actual environmental impacts can vary based on system design, refrigerant contamination, maintenance, and operational conditions. We do not guarantee specific environmental outcomes.