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Terms and Conditions

  1. Definitions
    • 1.1 “Peter Minturn Goldsmith School” shall mean Peter Minturn (New Zealand) Goldsmith School Limited, or any agents or employees thereof.
    • 1.2 Student” shall mean any Student accepted for enrolment by the Peter Minturn Goldsmith School.
    • 1.3 “Services” shall mean all educational services provided by Peter Minturn Goldsmith School to the Student.
    • 1.4 “Fee” shall mean the cost of the Services as agreed between Peter Minturn Goldsmith School and the Student and includes all disbursements eg charges Peter Minturn Goldsmith School pay to others on the Student's behalf subject to clause 4 of this contract.
  2. Acceptance
    • 2.1 Any instructions received by Peter Minturn Goldsmith School from the Student for the supply of Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
  3. Collection and use of Information
    • 3.1 The Student authorises Peter Minturn Goldsmith School to collect, retain and use any information about the Student, for the purpose of assessing the Student’s credit worthiness, enforcing any rights under this contract, or marketing any Services provided by Peter Minturn Goldsmith School to any other party.
    • 3.2 The Student authorises Peter Minturn Goldsmith School to disclose any information obtained to any person for the purposes set out in clause 3.1
    • 3.3 Where the Student is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
  4. Fee
    • 4.1 Where no fee is stated in writing or agreed to orally the Services shall be deemed to be provided at the current amount as such Services are provided by Peter Minturn Goldsmith School at the time of the contract.
    • 4.2 The fee may be increased by the amount of any reasonable increase in the cost of the provision of the Services that is beyond the control of Peter Minturn Goldsmith School between the date of the contract and provision of the Services.
  5. Payment
    • 5.1 Payment for Services shall be made in full on application or if agreed on or before the 20th day of the month following the date of the fee invoice (“the due date”).
    • 5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
    • 5.3 Any expenses, disbursements and legal costs incurred by Peter Minturn Goldsmith School in the enforcement of any rights contained in this contract shall be paid by the Student, including any reasonable solicitor’s fees or debt collection agency fees.
    • 5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
    • 5.5 A deposit may be required.
  6. Quotation
    • 6.1 Where a quotation is given by Peter Minturn Goldsmith School for Services:
      • 6.1.1 Unless otherwise agreed the quotation shall be valid for sixty (60) days from the date of issue; and
      • 6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
      • 6.1.3 Peter Minturn Goldsmith School reserves the right to alter the quotation because of circumstances beyond its control.
    • 6.2 Where Services are required in addition to the quotation the Student agrees to pay for the additional cost of such Services.
  7. Liability
    • 7.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Peter Minturn Goldsmith School which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Peter Minturn Goldsmith School, Peter Minturn Goldsmith School’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
    • 7.2 Except as otherwise provided by clause 7.2 Peter Minturn Goldsmith School shall not be liable for:
      • 7.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the Student or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by Peter Minturn Goldsmith School to the Student; and
      • 7.2.2 The Student shall indemnify Peter Minturn Goldsmith School against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Peter Minturn Goldsmith School or otherwise, brought by any person in connection with any matter, act, omission, or error by Peter Minturn Goldsmith School its agents or employees in connection with the Services.
  8. Warranty
    • 8.1 Peter Minturn Goldsmith School is subject to the quality management requirements of the NZQA.
  9. Miscellaneous
    • 9.1 Peter Minturn Goldsmith School shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
    • 9.2 Failure by Peter Minturn Goldsmith School to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Peter Minturn Goldsmith School has under this contract.
    • 9.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.