TERMS & WARRANTY

Fuel360 Limited, Terms of Sale (Revised 2025)

1. Definitions

1.1 "Fuel360 Limited" includes its directors, agents, employees, and associated companies.

1.2 "Client" means any person, company, or entity purchasing Products from Fuel360 Limited, or acting with the authority of such a purchaser.

1.3 "Products" means all products, services, advice, or materials supplied by Fuel360 Limited, including fuel treatments, fuel testing, time and attendance, hire, insurance, or any other associated charges.

1.4 "Price" means the agreed cost of Products including all disbursements paid by Fuel360 Limited on the Client's behalf.

2. Acceptance

2.1 Placing an order or accepting delivery of Products constitutes the Client's unconditional acceptance of these Terms and Conditions in full.

3. Collection and Use of Information

3.1 The Client authorises Fuel360 Limited to collect, store, and use Client information for the purposes of credit assessment, contract enforcement, and marketing.

3.2 The Client authorises disclosure of such information to third parties where reasonably required for those purposes.

3.3 Where the Client is a natural person, this authority is given in accordance with the Privacy Act 2020.

3.4 The Client acknowledges that failure to meet payment obligations may result in information regarding overdue accounts being disclosed to credit reporting agencies, including but not limited to Centrix and Illion, in accordance with the Credit Reporting Privacy Code 2004.

4. Price

4.1 Where no price is agreed in advance, Products are supplied at Fuel360 Limited's current standard price at the time of the contract.

4.2 Prices may be adjusted to reflect verified increases in supply costs beyond Fuel360 Limited's reasonable control, with prior notice to the Client.

4.3 All prices are in New Zealand Dollars and are exclusive of GST unless expressly stated otherwise.

5. Payment and Consequences of Non-Payment

5.1 Payment is due in full on or before the date stated on the invoice. Time is of the essence in relation to payment.

5.2 If payment is not received by the due date, the following consequences apply automatically and without further notice to the Client:

Interest accrues on the overdue amount at the rate of 2.5% per month (or part month), calculated daily and compounding monthly, from the due date until the date full payment is received;
An administration fee of $75.00 plus GST is charged for each overdue notice, reminder, or demand issued by Fuel360 Limited, as a genuine pre-estimate of the administrative cost of managing the overdue account;
A formal demand preparation fee of $200.00 plus GST is charged for each solicitor's letter or formal legal demand prepared or issued on behalf of Fuel360 Limited;
All further orders or supply of Products to the Client are suspended without notice;
The Client's account is placed on a cash-in-advance basis for any future supply.

5.3 If payment remains outstanding for 7 days or more after the due date, Fuel360 Limited reserves the right to:

Refer the debt to a third-party debt collection agency without further notice to the Client;
Report the overdue account to one or more credit reporting agencies, including Centrix and Illion, which may affect the Client's credit rating and ability to obtain credit from other suppliers or lenders;
Commence legal proceedings in the Disputes Tribunal or District Court of New Zealand to recover the outstanding amount, interest, and all associated costs.

5.4 The Client is liable for all costs incurred by Fuel360 Limited in recovering overdue amounts, including but not limited to:

All administration fees and demand preparation fees as set out in clause 5.2;
Debt collection agency fees, including any commission charged on the recovered amount, whether or not proceedings are commenced;
Solicitor's fees on a solicitor-client basis;
Court filing fees and enforcement costs;
Bailiff or sheriff fees incurred in enforcing any judgment;
Any disbursements reasonably incurred in the recovery process.

5.5 All recovery costs set out in clause 5.4 are treated as a debt owed by the Client to Fuel360 Limited and are added to and recoverable as part of the outstanding balance, attracting interest at the rate set out in clause 5.2 from the date they are incurred.

5.6 Payment by cheque or negotiable instrument is not deemed received until funds have cleared in full into Fuel360 Limited's account.

5.7 The Client may not withhold, reduce, or set off any payment against any disputed claim or counterclaim without the prior written consent of Fuel360 Limited.

5.8 While any amount remains overdue, the Client's entitlement to the Lifetime Warranty and Satisfaction Guarantee set out in these Terms is suspended. The warranty and guarantee are reinstated upon receipt of full payment of all outstanding amounts.

5.9 Where Fuel360 Limited obtains a judgment against the Client in any court or tribunal, the Client is liable for post-judgment interest at the rate prescribed by the Judicature Act 1908 or its successor legislation, in addition to any contractual interest already accrued.

6. Quotations

6.1 Unless otherwise stated in writing:

Quotations are valid for 30 days from the date of issue;
Quotations are exclusive of GST;
Fuel360 Limited reserves the right to adjust a quotation where circumstances beyond its reasonable control have materially changed.

6.2 Any additional Products requested by the Client beyond the scope of the quotation are chargeable at Fuel360 Limited's standard rates.

7. Agency and Subcontracting

7.1 Fuel360 Limited may act as principal or agent in supplying Products.

7.2 Where acting as agent, contracts entered into on the Client's behalf are subject to these Terms.

7.3 Fuel360 Limited may subcontract all or part of any Products without the Client's consent, provided these Terms continue to apply.

8. Retention of Title

8.1 Title in Products does not pass to the Client until Fuel360 Limited has received payment in full for all amounts owing, including any interest, administration fees, and recovery costs.

8.2 Until title passes, the Client holds Products as bailee and must store them in a manner that clearly identifies them as the property of Fuel360 Limited, separately from the Client's own goods.

8.3 Fuel360 Limited may, without notice, repossess Products in which title has not yet passed, and the Client grants Fuel360 Limited irrevocable licence to enter any premises where the Products are stored for that purpose.

8.4 Where the Client sells or otherwise disposes of Products before title has passed, the Client holds the proceeds of that sale on trust for Fuel360 Limited to the extent of the amount outstanding.

9. Disputes

9.1 Any claim relating to Products, including claims of short delivery, defect, or non-conformance, must be made in writing to Fuel360 Limited within 14 days of the invoice date or delivery, whichever is earlier. Claims made outside this period will not be accepted.

9.2 The existence of a dispute does not entitle the Client to withhold or delay payment of any undisputed amount.

10. Liability

10.1 Nothing in these Terms limits any rights the Client may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where the Client is a consumer acquiring Products for personal or household use.

10.2 Where Products are acquired for business purposes, the guarantees under the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted by law.

10.3 Subject to clause 10.1, Fuel360 Limited is not liable for any indirect, consequential, special, or incidental loss or damage arising from the supply or use of Products, whether in contract, tort, or otherwise.

10.4 Where liability cannot be excluded, it is limited to the lesser of the value of the Products supplied or NZ$500 per transaction.

11. Personal Guarantee

11.1 Where the Client is a company or trust, any director or trustee signing or placing an order under these Terms personally and unconditionally guarantees payment of all amounts owed by the Client to Fuel360 Limited, including all interest, fees, and recovery costs, and indemnifies Fuel360 Limited against any loss arising from non-payment.

11.2 This guarantee is a continuing guarantee and is not discharged by any arrangement, variation, or indulgence granted by Fuel360 Limited to the Client.

12. Credit Reporting

12.1 The Client acknowledges and consents to Fuel360 Limited disclosing information about overdue accounts to credit reporting agencies including Centrix and Illion where payment is 7 or more days overdue.

12.2 The Client acknowledges that such reporting may affect their credit rating and their ability to obtain credit from third parties.

12.3 Fuel360 Limited will provide the Client with written notice prior to making any credit report, in accordance with the Credit Reporting Privacy Code 2004.

13. Force Majeure

13.1 Fuel360 Limited is not liable for delay or failure to perform obligations caused by events beyond its reasonable control, including natural disasters, supply chain disruptions, or government action.

14. General

14.1 Failure by Fuel360 Limited to enforce any provision of these Terms does not constitute a waiver of that provision or any future right to enforce it.

14.2 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

14.3 These Terms are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

14.4 These Terms represent the entire agreement between the parties in relation to the supply of Products and supersede all prior representations, discussions, or agreements.

Warranty and Satisfaction Guarantee, Fuel360 Limited (Revised 2026)

Satisfaction Guarantee

Fuel360 Limited stands fully behind every product it sells. If for any reason you are not completely satisfied with your purchase, whether due to product quality, performance, packaging, or any other concern, you are entitled to a full refund or replacement, at your choice, with no questions asked. Simply contact us within 30 days of receiving your order.

This guarantee exists because our products work, and we are confident in that. If they do not work for you, we do not want your money.

Lifetime Warranty

All Products supplied by Fuel360 Limited are covered by a lifetime warranty. There is no time limit on this warranty. It does not matter how old the product is. If it fails, we will replace it or refund it, in full, without dispute.

Specifically, the lifetime warranty covers:

Products that are defective in materials or manufacture, regardless of when the defect becomes apparent;
Products showing visible changes in colour or consistency that affect their quality or performance;
Products with damaged or compromised packaging received in that condition;
Tablets that stick together or are otherwise unusable;
Any product that does not meet a Client's reasonable expectations when used according to instructions.

Where a product is found to be faulty or unsatisfactory under any of the above, Fuel360 Limited will, at the Client's election, provide a full replacement or a full refund of the purchase price paid, with no charge to the Client for return shipping or handling.

Please note that the Lifetime Warranty and Satisfaction Guarantee are suspended while any account with Fuel360 Limited remains overdue. Full warranty rights are reinstated upon payment of all outstanding amounts.

Warranty Exclusions

The lifetime warranty does not cover:

Damage resulting from incorrect dosing, misuse, or failure to follow supplied instructions;
Damage caused by unauthorised modification or tampering;
Water ingress or contamination not attributable to the product itself;
Filter blockages resulting from overdosing that mobilises pre-existing sludge or resins in a fuel system.

FuelRight Specific

FuelRight products meet or exceed ISO 4406 Clean Fuel Standards. Normal dosing as instructed prevents sludge formation. Overdosing or use in heavily contaminated systems may mobilise existing deposits. This is a characteristic of the cleaning action, not a product defect.

Fair Trading Act

Fuel360 Limited warrants that all product claims are accurate when Products are used as directed. Liability under fitness-for-purpose provisions is limited to the value of the Product supplied.