Terms and Conditions

  1. What is the purpose of this agreement?
    • This agreement sets out the terms that apply to the relationship between you (and “your”) and Peter Minturn (New Zealand) Goldsmith School Limited trading as Peter Minturn Goldsmith School (“we”, “us” and “our”).
  2. What information about you can we collect?
    • You agree to provide us with and allow us to use all information necessary to give effect to this agreement, the provision of our products and performance of our services and as required for enrolment.
    • Unless your consent is withdrawn in writing, you agree to the disclosure of information:
      to give effect to the provision of our products and performance of our services;
    • to enforce our obligations under this agreement or an additional agreement;
    • when authorised by you or required by law;
    • required by the Ministry of Education and other government agencies and organisations;
    • to assess credit worthiness; and
    • to market any of our services.
    • We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. You may access your information and ask us to correct any mistakes.
    • How we use your information is further detailed under the information and privacy statement attached to our enrolment form.
  3. What are our services and fees?
    • Our “services” means and includes without limitation all education, tuition, manufacturing and repair provided by us including the provision of equipment and materials that are identified in any document or electronic record issued by either party, all of which are deemed to be incorporated into and form part of this agreement.
    • Our “fee(s)” are the cost of our services as agreed between us and you, as well as charges and out of pocket expenses incurred by us on your behalf such as costs for consumables.
    • If no fee is stated in writing or orally agreed, the fee will be the amount at which we provide the services at the time those services are provided. Our fee and the cost of consumables are subject to change due to circumstances beyond our control between the date of your agreement to these terms and the provisions of our services.
    • All fees are payable irrespective of whether or not you attend classes.
  4. When and how do you pay us?
    • You agree to pay us all fees in full:
    • on or before the 20th day of the month following the date of our invoice, unless stated otherwise;
    • any applicable late fee;
    • interest on any amount you still owe three monthly payments after the due date, at 2.5% per month or part month;
    • expenses incurred as a result of enforcing any of our rights under this agreement including debt collection and legal fees; and
    • without set-off, deduction, counterclaim; and
    • a deposit if required.
    • You agree to us allocating or reallocating any payment received from you towards any invoice.
    • You will be responsible for payment if a third party that you expect to pay you or us fails to pay.
    • Our fee refund policy complies with Student Fee Protection Rules issued by the NZQA and is obtainable from our enrolment officer.
  5. What warranties and limitations apply?
    • We are subject to the quality management requirements of the NZQA.
    • Samples shown to you may differ from products provided to you.
    • If you are in trade and/or are a business, you agree that the parties contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 to the extent permissible by law.
    • We are not liable for delay or failure to perform our obligations if the cause is beyond our reasonable control.
    • Subject to applicable insurance and 5.1-5.4, if we are deemed liable for loss or damage of any kind, however arising including from the provision of our services, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract tort negligence or otherwise, our total liability is limited to the value of our services.
  6. What ownership and security rights do we have?
    • We retain ownership of and hold a security interest in all materials until you have paid us in full for all our services. While we retain ownership, you will store all materials and products of our materials in such a way that our interests are protected and they can be identified as provided by us.
    • Where appropriate, we own the intellectual property rights connected to our products and services.
  7. What if you cancel our services?
    • Subject to NZQA and legislative requirements, we have the right by seven (7) days prior written notice to cancel wholly or in part this agreement or part of our services if you default by failing to pay any sum owing by the due date or breaching the terms of this agreement.
    • If you default under clause 7.1 you agree that:
    • we may exercise a lien against any products in our possession; and
    • if the default is not remedied within seven (7) days, we may enter any premises occupied by you to inspect or retrieve any products and you will provide reasonable access to such premises. We may re-sell any products and credit the net sale proceeds to your account for the invoice value less adjustment for the condition of the products.
    • Subject to NZQA and legislative requirements, cancellation of this agreement or part of our services will not affect either party’s claim for any amount due at the time of cancellation or suspension, damages for any breach of obligations under this agreement and any other legal rights either party may have. Upon cancellation of this agreement any amount owed by you for services provided up to and including the date of cancellation will become immediately payable.
  8. Does a personal guarantee apply?
    • If you are a director of a company or the trustee of a trust:
    • in exchange for us agreeing to supply products and services and/or grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and
    • any personal liability of you as director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement.
    • A guarantee provided under 8.1 will continue to apply and be enforceable notwithstanding changes to these terms of trade in accordance with 9.7 and/or prior dealings.
  9. What else is agreed?
    • A failure by either party to enforce any of the terms of this agreement will not be deemed to be a waiver of any of the rights or obligations under this agreement.
    • Neither party may assign or transfer their rights or obligations under this agreement to any other party without our prior written consent.
    • If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
    • This agreement supersedes all prior agreements, representations and warranties. Any instructions we receive from you and all arrangements between the parties are subject to these terms.
    • If a dispute arises between the parties either party must notify the other in writing within seven (7) days of the dispute arising. The parties will endeavour to resolve the dispute by negotiation. If the dispute is not resolved within seven (7) days then each party will have the right to refer the dispute for mediation or arbitration at any time. The arbitration will be undertaken in accordance with the Arbitration Act 1996.
    • Documentation related to these terms may be served on you by email.
    • We will notify you of any changes to these terms and publish the same on our website – continued provision of products and services will be subject to your signed or written acceptance of the same. All other variations must be mutually agreed in writing.

QMS 1.2.1 policy reviewed 01042016