(a) Use of each Z Aviation Card is governed by these Z Aviation Card Terms and Conditions (“Aviation Terms”) and the Z Business Terms and Conditions available at z.co.nz (as amended from time to time).
(b) To the extent of any conflict between these Aviation Terms and the Z Business Terms and Conditions, these Aviation Terms will prevail.
(a) Capitalised words used in these Aviation Terms have the definitions provided in clause 1 the Z Business Terms and Conditions.
(b) In these Aviation Terms, unless the context otherwise requires:
The words we, our and us means Z Energy Limited and the words you and yours mean the Cardholder.
Aircraft Registration is the legally recorded aircraft registration issued by the Civil Aviation Authority.
Aviation Product(s) means Jet A1, Avgas, AeroShell oils, fluids, greases and compounds.
Aviation Release Note means our pre-printed Aviation Product delivery receipt voucher detailing, in relation to a particular transaction using a Z Aviation Card, the Z Aviation Card number, the date of the transaction, the aircraft registration number, the type and quantity of Aviation Products purchased; and/or the name of the Z Air Stop.
Posted Air Stop Price mean the price of an Aviation Product at a particular Z Air Stop, which is the price of the Aviation Product plus the delivery differential to transport the Aviation Product to that location.
Vehicle means a fueller or mobile trailer that meets aviation standards and regulations.
Z Air Stop means any location where Aviation Products are available.
Z Aviation Card means a card issued by us from time to time which is to be used within New Zealand for purchasing Aviation Products, subject to these Aviation Terms and the Z Business Terms and Conditions.
Z Business Terms and Conditions means the terms and conditions for Z Business located at z.co.nz/business.
3. ACCEPTANCE OF THESE AVIATION TERMS
(a) These Aviation Terms are a contract between you and us.
(b) You acknowledge that:
(i) each Z Aviation Card is issued to you;
(ii) each Cardholder acts as your agent in using the Z Aviation Card;
(iv) the first use of a Z Aviation Card confirms your acceptance of these Aviation Terms.
4. PURCHASING AVIATION PRODUCTS WITH Z AVIATION CARD
(a) You may purchase Aviation Products with your Z Aviation Card provided that the grade of Aviation Product requested by you is available for use in the aircraft whose registration number is shown on the Z Aviation Card.
(b) The price for the purchase of Aviation Products purchased using a Z Aviation Card will be the Posted Air Stop Price or applicable product price current on the date of the purchase, less any discount agreed with you from time to time, plus GST.
(c) Our representatives may give the Cardholder a copy of the Aviation Release Note. The Cardholder may be required to sign an Aviation Release Note. The Aviation Release Note may be the only receipt issued by us for the purchase of Aviation Products.
(d) You will ensure that the Z Aviation Card is presented at the time of purchase of Aviation Products where purchase is through our representatives. Unless otherwise agreed to by us, in the event of a failure to produce the Z Aviation Card neither we nor our representatives will be under any obligation to deliver Aviation Products to the person requesting them.
(e) We may notify you of a different pricing methodology that will apply to certain Aviation Products by giving you at least 14 days’ written notice.
5. PRODUCTS AND SERVICES NOT AVAILABLE ON Z AVIATION CARD
(a) Z Aviation Cards must be used to purchase Aviation Products only. Our representatives will take all reasonable care to ensure that the Z Aviation Card is only used to purchase Aviation Products. However, you remain liable for purchases of all Z products made using your Z Aviation Card.
(b) Our representatives are not authorised to render services normally performed by other organisations, e.g. cleaning and handling of aircraft, or handling of freight. Our representatives cannot undertake to make any cash outlay on your behalf, e.g. for landing or hangar fees, local taxi fares or dispatch of cables. All cash advances are prohibited.
6.QUESTIONED OR DISPUTED TRANSACTIONS
(a) It is your responsibility to check that the details of the transaction have been accurately recorded on the Aviation Release Note.
(b) If you wish to question or dispute the details of any transaction recorded on a statement/invoice you must contact us within 10 days of receiving the statement/invoice and produce to us, on request, a copy of the Aviation Release Note, where applicable, in respect of each questioned or disputed transaction.
(c) We reserve the right, where applicable, to refer any dispute or issue relating to the quality or nature of the Aviation Products purchased on a Z Aviation Card to the Z aviation distributor from whom the Aviation Products were purchased. You agree to pay all amounts due and payable without deduction in relation to the dispute or issue.
(d) In the event of a pricing dispute relating to an Aviation Product purchase which has been recorded manually, the dispute will be resolved by reference to the copy of the Aviation Release Note retained by us.
7. INABILITY TO SUPPLY AVIATION PRODUCTS
(a) We will not be responsible for any damage, loss or inconvenience which may be caused by our inability or any of our representatives’ or employees’ inability or refusal to supply your requirements for Aviation Products at any particular time or place.
(b) You acknowledge that required volumes and grades of Aviation Products may not be available at all Z Air Stops. Before attempting to purchase Aviation Products you are responsible for confirming that the Z required volumes and grades of Aviation Products are available at the relevant Z Air Stops.
8. RISK AND MISFUELLING
(a) The Aviation Products will, unless otherwise stated, be delivered into your facilities, aircraft, Vehicles and/or containers (each a “Receptacle”) and the risk and property will pass to you as the Aviation Products in question leave our supply facilities or are delivered into your Receptacle, whichever occurs earlier.
(b) In purchasing and accepting the supply by us of Aviation Products into any Receptacle, you accept full responsibility for the transportation, storage, handling and use of such Aviation Products in accordance with all relevant laws including the applicable requirements of the Hazardous Substances and New Organisms Act 1996 (HSNO Act), the Health and Safety at Work Act 2015 (H&SW Act), the Land Transport Act 1998, and associated regulations, rules, standards, and codes of practice. This includes you obtaining all necessary hazardous substances compliance certificates under HSNO Act and the H&SW Act.
(c) You agree to indemnify, defend, and hold harmless us, our agents, employees and subcontractors from and against all damages, claims, losses, liabilities, costs and expenses (including legal costs) that are incurred as a result of, or in relation to:
(i) the misfuelling of an aircraft with Aviation Products;
(ii) the incorrect use of Aviation Products;
(iii) loss or damage to any property (including in respect of any discharges to air, land or water and any clean-up of those discharges), that arises out of, or are connected with, the transportation, storage, handling or use of such Aviation Products; or
(iv) death, injury or disease that arises out of, or are connected with, the transportation, storage, handling or use of such Aviation Products,
except to the extent that those damages, claims, losses, liabilities costs and expenses were caused by the gross negligence or willful default of us, our agents, employees and subcontractors.
9. SUSPENSION AND CANCELLATION
(a) Suspension and cancellation rights are described in clause 7 of the Z Business Terms and Conditions.
(b) The following wording applies as an addition to clause 7(c) of the Z Business Terms and Conditions:
3. Upon termination of you use of the Z Aviation Card either by us or you, final settlement will be charged at the Posted Air Stop Price ruling for the Aviation Products at each Z Air Stop at the time a delivery is made. Final settlement will be payable on the date specified on the invoice.
We may change, delete, or supplement these Aviation Terms and/or any offer associated with your use of a Z Aviation Card from time to time by giving you written notice or by publishing the changes on our website (z.co.nz).