1. Terms

Order = booking/invoice (terminology)  
1.1 All goods and services supplied by IVS Training Ltd to the customer will be upon these terms of trade unless otherwise agreed in writing. These terms of trade supersede any previous standard terms and conditions agreed between the parties and governing the provision of services and/or goods by IVS Training Ltd to the customer. 
1.2 IVS Training Ltd’s agents and representatives have no authority to make any oral representations, statements, warranties, conditions or agreements that conflict with these terms of trade. 

2. Payment, Cancellation & Transfer Policy

2.1 Payment
Your payment is required at the time of booking via Debit Card or Credit Card. For our Key Account Customers, a purchase order number is required at the time of booking. To complete your booking, please contact our training team on 0800 021 169 or via email at training(at)ivs.co.nz.
Your PDF tax invoice will be emailed.
The following payment options are available: 
- Direct Credit for our Key Account Customers only – payable to IVS Training Limited (BNZ) 02-0466-0449280-000
- Debit Card or Credit Card – We accept Visa or Mastercard Credit Card.

2.2 Cancellation Policy
Attendance is confirmed by receipt of order approval. IVS Training Ltd has a cancellation policy or no-show policy, as below: 
Individual Trainee Registrations:
- 24-48 hours prior to training 
25% charge 
- Less than 24 hours prior to training  
50% charge 
- No show* 
100% charge 
*Should you/your candidate(s) not attend training, without prior notification to IVS Training Ltd, we offer no refund and payment in full will be pursued. 
If a course does not reach minimum numbers or, for some other unavoidable reason is cancelled, the fee will be refunded in full. 
Onsite/Schools Bookings:  
Cancellations (or date changes) within 2 business-days’ notice or less may incur a 100% charge.
Cancellations (or date changes) with more than 2 business-days’ notice but less than 10 business days’ notice may incur a 75% charge.
Rebooking for a future date may be available at the discretion of IVS Training Ltd.  
If for some unavoidable reason onsite training is cancelled by IVS Training Ltd, the fee will be refunded in full. 

2.3 Course Transfer Policy

Terms of Trade:

2.3 Course Transfer Policy
Customers/registrants may transfer to another course three (3) business days or more prior to the course start date. You will be charged or refunded any differences in the course price. Please note that there will be additional charges for less than three (3) business days’ notice of a transfer:

• 24-48 hours prior to training: 25% charge
• Less than 24 hours prior to training: 50% charge

2.4 Expenses and Legal Costs
Any expenses, disbursements and legal costs incurred by IVS Training Ltd in the enforcement of any rights contained in these terms of trade will be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.  

3. Provision of Services

3.1 IVS Training Ltd will: 
(a) Use all reasonable skill and care in providing the goods and services in a timely and efficient manner. 
(b) Not be liable for any delay or non-performance providing goods or services if the delay or non-performance is attributable (directly or indirectly) to  circumstances beyond its reasonable control. 
(c) Not be obliged to accept any order for goods or services made by the Customer and will be entitled, in its sole discretion, to refuse to provide or perform all or any such goods and services. 
3.2  The customer will co-operate with and provide assistance to IVS Training Ltd to enable it to deliver the services requested by the customer in a timely and efficient manner.  
In particular the customer will: 
(a) Provide all records and information reasonable requested by IVS Training Ltd and ensure that such information is accurate; 
(b) Provide IVS Training Ltd with safe access to the customer’s premises, key staff, facilities and equipment as necessary to conduct requested services, at reasonable times, as requested by IVS Training Ltd; 
(c) Provide such reasonable assistance or information as may be required IVS Training Ltd to assist it in the delivery of the services. 
3.3 IVS Training Ltd may withdraw a quotation for the provision of goods and services at any time before it is accepted by the customer. All quotations will lapse without notice 30 days after given. 
3.4 The customer will not cancel any order for goods or services (in full or in part) without first obtaining the written consent of IVS Training Ltd. 

3.5 Onsite Equipment
As applicable, IVS Training Ltd will: 
- Confirm required equipment at the time of booking
- Ensure trainees exercise due care when operating machinery or using equipment supplied  
- Ensure that the trainers promote health & safety of trainees and manage the safe operation of equipment within the training environment  
- Communicate when equipment that has been booked is no longer required 
As applicable, the organisation providing the facilities and equipment for the training will: 
- Provide compliant and safe equipment and/or machinery to use (e.g. for Forklift or Wheels, Tracks and Rollers training)
- Satisfy all operational safety and regulatory requirements regarding maintenance of the equipment and /or machinery 
- Notify IVS Training Ltd of any changes to the equipment availability at least 3 days prior to the commencement of the course 

4. Liability and Indemnity

4.1 With the exception of express warranties contained in these terms of trade, all warranties and representations in respect of goods and services supplied are excluded to the extent permitted by law. 
4.2 The customer acknowledges that if it acquires the services or goods for a business purpose then the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded and do not apply. 
4.3 In no event will IVS Training Ltd be liable to the customer or any other party for any loss or damage arising directly or indirectly in connection with IVS Training Ltd services and goods, their use, misuse or otherwise including (but without limitation) any loss of profit, business, revenue, goodwill or anticipated savings. 
4.4 IVS Training Ltd will not be liable to the customer or any other party for consequential, special, punitive or exemplary loss, damage or liability arising directly or indirectly out of or related to the agreement and provision, performance of or failure to perform the services by IVS Training Ltd whether in contract, tort (negligence), for breach of statutory duty or any other principle of legal liability. 

5. Title and Security (Personal Property Securities Act 1999) 

5.1 Title in any goods and services supplied by IVS Training Ltd will pass to the customer only when the customer has made payment in full for the same and IVS Training Ltd will have a security interest in all goods and services provided to the customer until that has occurred. 
5.2 The customer agrees to sign any documents and provide any further information required for IVS Training Ltd to perfect it security interest in the goods. The customer grants IVS Training Ltd a security interest in all of the customer’s present and after acquired property that IVS Training Ltd has performed services on, or to which goods or materials supplied by IVS Training Ltd have been attached or incorporated. 
5.3 Where goods and services are retained by IVS Training Ltd pursuant to 5.1, the customer waives its right to receive a notice under section 120 of the Personal Property Securities Act 1999 (‘PPSA’) and to object under section 121 of the PPSA. 
5.4 The customer agrees sections 114(1)(a), 133 and 134 of the PPSA do not apply to these Terms of Trade. 

6. Termination

6.1 These Terms of Trade may be terminated by notice in writing as follows: 
(a) By IVS Training Ltd if the customer commits any act of bankruptcy, enters into any arrangement with its creditors or (in the case of a company does any act which would render it liable to be liquidated), or if a resolution is passed or proceedings commenced for the liquidation or voluntary administration of the customer or if a receiver is appointed in respect of all or any of the customers assets. 
(b) By IVS Training Ltd if the customer is in breach of these terms and conditions. 
(c) By IVS Training Ltd upon completion of the delivery of the services and goods and payment in full by the customer 
(d) By mutual agreement of the parties. 

7. Intellectual Property

7.1 The customer agrees and acknowledges that IVS Training Ltd is the owner and/or licensee of the intellectual property rights in certain systems, know-how and other intellectual property which may be utilised in the provision of the services or goods provided to the customer and that the customer obtains no rights and or interests in such intellectual property by virtue of its purchase of the services and /or goods from IVS Training Ltd.  

8. Confidential Information

8.1 Neither party will disclose information which is confidential to the other party to a third party unless compelled to do so by law.

9. Miscellaneous

9.1 Neither party may assign any of its rights or obligations under these Terms of Trade without the prior written consent of the other.
9.2 Every notice given under these terms and conditions will be sufficiently given if delivered personally, posted or successfully transmitted by fax to the intended recipient at his/her or their last known address or facsimile number.
9.3 Neither party will be liable for any delay or failure for the performance of any of the obligations imposed on them under these Terms of Trade if such failure is beyond the reasonable control and without fault or negligence of that party, provided that this clause will not extend to excuse the consequences of insolvency or financial difficulty.
9.4 These Terms of Trade constitutes the entire agreement between the parties which supersedes any prior arrangement or understanding whether written or oral relating to the subject matter of this agreement.
9.5 These Terms of Trade will be governed by the laws in New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.