Supplier Terms of Service

Defines EEK, Supplier/Contractor, Job, BCI (Buyer-Created Invoice), Platform, Customer.

Suppliers are independent contractors. Accepting any job = accepting all terms. Must provide legal name, GST number, address, bank details. Accept terms via portal. Maintain certifications. Network participation consent — EEK may publicly identify supplier by name, region, trade. Privacy waiver for sharing supplier info with customers. Formal written request required to withdraw from network. No payment until registration complete.

Supplier authorizes EEK to create tax invoices on their behalf. No separate invoicing. 5 business day review/dispute period. GST obligations remain with supplier. 7-year record retention.

Payment within 14 business days. Direct credit. Labour tiers 0-3 / 4-10 / 10+ jobs. After-hours 1.5x, holidays 2x. Towing cost +10% max. Parts +30% max. Fuel disposal cap. Fuel replacement rules. EEK payment authority. Admin deduction. PAYMENT CAP / UNPAID DEBTS / SETOFF (4.10-4.12) including amounts received directly from customers without remittance. EXCLUSIVE CHANNEL: Supplier must not invoice or accept payment from the Customer — all customer charges run through EEK; direct collection is a material breach. Vehicle release only after EEK confirms payment to supplier bank.

4.13 Debit card collection (recommended)

No deductions from your approved invoice. EEK loads your full approved amount plus a small buffer on the payout card for terminal processing. What you collect via EFTPOS is yours.

4.14 Direct bank transfer — fees

When you choose bank transfer, the following are deducted from your approved invoice before payment is sent. Exact amounts are shown in the portal before you confirm:

• •International card processing — Stripe NZ pass-through for routing funds from EEK's US platform to your NZ bank account
• •Instant bank transfer fee — Stripe instant payout to your nominated NZ account (~1.5%)
• •EEK admin processing — 5 minutes at $150/hr NZD for manual bank-transfer handling

These are third-party and handling pass-through costs. The portal shows your exact net amount before you confirm.

4.15 Bank transfer timing

Typically within 60 minutes once confirmed during NZ banking hours. Do not release the vehicle until you receive EEK's transfer confirmation email.

Respond to jobs within 10 min. Arrange towing. NZIFDA-approved equipment. Complete same day where possible. After-hours paid at 1.5x. Update portal at each milestone. Respond to AI agents within 3 hours. Arrange vehicle return. VEHICLE RETENTION (5.6): Supplier must NOT release vehicle until EEK confirms payment deposited to supplier bank account. Unauthorised release = supplier assumes full responsibility for collecting payment from customer. EEK has no obligation to pursue payment. Vehicle is the supplier's security. Corrective actions at supplier cost (5.7). Customer disputes: supplier responsible for resolution (5.8).

5.9 — Operational requirements (incorporated by reference)

The EEK Supplier Requirements at https://www.eek.nz/policies#19 (Contractor Operational Procedures) and https://www.eek.nz/supplier-requirements are operational requirements incorporated into this Agreement by reference. The full document at that URL prevails if this summary differs. In summary, suppliers must:

• •Follow the vehicle OEM page on eek.nz for the job's make and model (tank access, towing, remediation) — OEM spec overrides workshop habit
• •Complete the 10-step misfuel process: accept via portal → arrange tow → workshop intake → assess → extract fuel → clean system → reinstall → flush & test → licensed disposal → invoice then release
• •Do not use the fuel pump, supply/lift pump, or a filler-neck probe/siphon to evacuate fuel — use OEM-approved access and external extraction equipment
• •Towing: max 120 km/h or OEM limit; max 3 km on dollies/limber or OEM distance — whichever is less
• •Required PPE and equipment: NZIFDA certification, anti-static grounding, spill containment, safety boots, eye protection, gloves, fire extinguisher
• •Communication via supplier portal Chat or EEK-recorded callout lines only — no direct customer calls or texts
• •Customers must not remain at the workshop during remediation, testing, or repair
• •Contaminated fuel: licensed disposal only — suppliers must not retain removed fuel
• •Submit buyer-created invoice in the portal; do not release the vehicle until EEK confirms payment (Section 5.6)

5.10 — Communication; no direct customer contact

Job updates must go through the supplier portal Chat or EEK-recorded callout lines shown in the portal. Do not call or text customers directly except via EEK-provided recorded numbers. Unrecorded direct contact is a material breach.

5.11 — Customers not on premises during work

Unless EEK gives written approval, customers must not remain at the supplier workshop during active remediation, testing, or repair after vehicle handover.

5.12 — Fuel extraction

Suppliers must not use the low-pressure fuel pump, supply/lift pump, in-tank pump, or a filler-neck probe, siphon, or device through the filler cap to evacuate fuel. Tank access and extraction must follow the vehicle OEM page on eek.nz using approved external extraction equipment.

Automated ranking: Reliability 51%, Proximity 30%, Experience 19%. Highest ranked in area gets job. Declines hurt ranking significantly. Rankings cumulative.

Must maintain: $5M public liability, $2M professional indemnity, comprehensive vehicle, workers comp. NZIFDA certification mandatory. EEK registers on behalf. Fees deducted from first job. Lapsed cert = immediate suspension, payment withholding, sole liability.

Customer info confidential. ALL billing info strictly confidential — rates, payments, margins, BCI details must NOT be disclosed to customers, insurers, or any third party. Breach results in forfeiture of ALL outstanding amounts owed to supplier. Permitted disclosures: own accountant/lawyer, IRD, court order only. Platform/portal content is proprietary. Obligation survives for 3 years post-termination.

2-year (24-month) restriction on soliciting/accepting work from EEK-introduced customers. Supplier must not quote lower prices to customers or undermine EEK pricing. Non-circumvention (9.3). Direct customer payment prohibited — must notify EEK and remit within 2 business days; no reduction of customer balance (9.3A). Anti-collusion with other network suppliers (9.3B). Non-competition: 12-month post-termination (9.4). Breach triggers forfeiture plus other remedies (9.5).

Suppliers sign off on insurance reports for their own work only. 24-hour review period. Multi-supplier jobs: each responsible for own portion.

AI agents include SquEEK (text), Laura (voice), Whitey (voice), and any future agents. Obligation to engage constructively and in good faith. Must respond within 3 hours. Cannot refuse communication solely because it is AI. Prohibited: manipulation, evidence fabrication, entrapment, impersonation, abuse, system interference. Spam/excessive messaging triggers reduced AI responses (notifications continue). AI statements are not binding commitments or admissions. All interactions recorded. Breach is material breach triggering suspension, termination, forfeiture.

Phone lines

• •06 884 9045 — call the customer on your single open job (shown in the supplier portal). EEK connects you automatically. Do not dial the customer's mobile directly.
• •09 872 4612 — contact EEK for job admin, payments, and portal support.
• •0800 769 000 is the customer line only — suppliers must not use it.

Suppliers solely responsible for service quality/safety. Full indemnity: supplier indemnifies EEK against all claims, losses, damages, legal fees (solicitor-client basis) arising from supplier's work, defects, breaches, negligence, customer/insurer/third-party claims, injury, property damage, environmental harm (12.2). EEK liability limited to job fees (12.3). No indirect/consequential damages. Indemnity survives termination indefinitely (12.4).

30 days written notice either party. Immediate termination for breach/misconduct. Billing disclosure = immediate termination without notice. Pending payments subject to forfeiture under Section 8.3. BCI terminates automatically. Sections 8, 9, 12 survive termination.

Good faith negotiation, mediation within 14 days. NZ law and courts.

Minimum 12-month warranty on all work. Covers labour, parts, materials. Rectification at no cost. EEK may engage alternative supplier if not rectified within 7 business days. Full and unlimited supplier liability for loss/damage/injury — no limitation permitted (15.4). Supplier warrants: due care and skill, merchantable quality, legal compliance incl CGA 1993, qualified personnel (15.5).

15.6 — 12-Month No-Fault Warranty: Fuel Pumps & Injectors (PI Claim Backstop)

By accepting jobs and submitting invoices through EEK, the Supplier extends and backstops the 12-month no-fault warranty on fuel pump and injector services described in Customer Terms §5.10 (eek.nz/terms) and shown on EEK insurance reports and completion certificates for work the Supplier performed.

Where a covered failure occurs within 12 months of the service completion date — meaning a fuel pump or fuel injector failure attributable to residual effects of the original contamination event — the Supplier's warranty obligation is limited to the professional indemnity (PI) claims process, consistent with Customer Terms §5.10 and Insurer Terms §13.1. It does not create unlimited personal liability beyond the Supplier's PI policy and the indemnity obligations elsewhere in these Terms.

The Supplier must:

• •(a) Accept EEK's warranty notification within 7 business days and cooperate fully with any public indemnity claim EEK submits against the Supplier on the Customer's behalf
• •(b) Maintain professional indemnity insurance of at least NZD $2M at all times (Section 7) and provide PI claim references and insurer correspondence on request
• •(c) Allow repair or replacement to be arranged through the PI claim at no cost to the Customer — EEK co-ordinates the claim; the Supplier does not bill the Customer directly for covered warranty work
• •(d) Not dispute or obstruct a valid warranty PI notification except on grounds permitted under Customer Terms §5.10 (e.g. independent mechanical failure unrelated to the contamination event, subsequent misfuelling, modification, misuse, or customer-caused factors)

If the Supplier does not cooperate within 7 business days, EEK may engage an alternative supplier to perform warranty work and recover costs through the PI claim process and/or set-off under Section 25. This obligation survives termination for the full 12-month warranty period applicable to every job completed while engaged.

Per-job acknowledgment: Submitting a buyer-created invoice constitutes acknowledgment of this Section for that booking.

Materials become customer property on installation. Must be fit for purpose, merchantable quality, NZ standards compliant. Contaminated fuel disposal per environmental regulations. 7-year disposal records.

All EEK platform IP remains EEK property. No use of EEK branding without consent. No copying/reverse-engineering of systems.

Privacy Act 2020 compliance mandatory. Customer data for job purposes only. Secure storage, deletion within 30 days of completion. Immediate breach notification to EEK.

Good faith dealings required. No disparagement. Participate in QA initiatives. Cooperate with satisfaction surveys and complaints.

Must comply with H&S at Work Act 2015, Dangerous Goods Act 1974, RMA 1991, CGA 1993, FTA 1986, Privacy Act 2020, all vehicle safety codes, NZIFDA standards. Ethical conduct required — no fraud, bribery, corruption (20.1). Modern slavery & forced labour prohibited (20.2).

EEK right to audit records, processes, facilities. 7-year minimum record retention per job. Must cooperate within 5 business days.

Entire agreement. Severability. No waiver without writing. No assignment without consent. Force majeure. NZ governing law. EEK may amend terms at any time — continued participation = acceptance (22.7). Supersedes all prior agreements including personal guarantees (22.8). Independent contractor relationship confirmed (22.9).

Supplier must cease work immediately on cancellation notification. Cancellation fee capped at $500 NZD via portal. Costs exceeding $500 are supplier's to recover directly from customer at own cost/risk. EEK not liable beyond cap. No full BCI invoice for cancelled jobs.

Forman Pacific, LLC ("EEK Mechanical"), Suite 305, 131 Continental Drive, Newark, DE 19713, United States.

Phone — EEK supplier support: 09 872 4612 (payments, portal, job admin).

Phone — customer callout (open jobs): 06 884 9045 (use the number in your portal; EEK bridges you to the customer on that job).

Suppliers must not call customers on their direct mobile numbers or use the customer 0800 769 000 line.

25.1 — OEM and EEK requirements are mandatory

All fuel-system, towing, diagnostic, and repair work must follow: (a) the vehicle manufacturer specifications published at eek.nz/vehicles for the job's make and model; (b) the EEK Supplier Requirements (operational requirements) at https://www.eek.nz/policies#19 (Contractor Operational Procedures) and https://www.eek.nz/supplier-requirements; and (c) NZIFDA standards. Examples of non-compliance include using the low-pressure fuel pump, supply/lift pump, in-tank pump, or any filler-neck probe or siphon to evacuate fuel; incorrect tank access method; unsafe towing; inadequate PPE; retaining removed fuel; or direct unrecorded customer contact.

25.2 — Rework at supplier cost

If EEK determines work did not meet manufacturer specification or Supplier Requirements, EEK may immediately assign rework to another supplier or specialist without further consultation. The original supplier remains fully liable for all rework costs including towing, recovery, parts, labour, disposal, admin, and any repeat inspection.

25.3 — EEK determination of costs; no set-off dispute

Rework, investigation, and compliance costs are quantified by EEK based on actual third-party invoices, the published Supplier rate schedule, and reasonable EEK administration time at the standard admin rate. For set-off purposes under this clause, EEK's written determination is final and binding — the supplier may not withhold, delay, or offset payment to EEK by disputing the quantum. Any challenge to EEK's allocation is limited to a separate claim after payment/set-off has been applied (pay-now, argue-later on supplier debts to EEK does not apply).

25.4 — Set-off against amounts owed to supplier

All amounts the supplier owes EEK under this Section (and Section 26) may be set off without notice against any payment EEK owes the supplier for any job. Set-off may exceed the current job invoice. Outstanding debt may be recovered as a debt due to EEK.

25.5 — Stand-down

Material or repeated OEM/requirements breaches may result in immediate stand-down from new job allocation under Section 6, suspension of portal access, and withholding of payments pending investigation — without prejudice to EEK's other rights.

25.6 — Portal acceptance record

Toggling OEM / requirements acceptance on a job in the supplier portal constitutes an additional per-job acknowledgment of this Section for that booking.

26.1 — EEK may investigate

EEK may investigate supplier performance, quality, billing, safety, and customer complaints. EEK may appoint licensed private investigators, technical auditors, or other professionals.

26.2 — Contractual cooperation (not forced entry)

As a condition of using the EEK platform, the supplier agrees to cooperate fully with investigations, including:

• •(a) Reasonable access to workshop premises during business hours on at least 24 hours' notice (or immediately where urgent safety, environmental, or active dispute evidence may be lost)
• •(b) Access to job records, invoices, disposal dockets, photos, CCTV where available, and staff for interview
• •(c) Prompt written responses to EEK information requests

Investigators have no independent statutory power of entry — access is granted by this agreement. Refusal, obstruction, or failure to cooperate within 48 hours of a valid request is a material breach entitling EEK to stand-down, termination, and cost recovery under Section 25.

26.3 — Investigation costs

Where an investigation concludes the issue arose from supplier fault, negligence, or non-compliance, the supplier bears all investigation and audit costs at EEK's published admin rate plus actual third-party investigator fees. These costs are recoverable and set-offable under Section 25.

26.4 — Privacy and safety

Cooperation must comply with Privacy Act 2020 and Health and Safety at Work Act 2015. EEK will use reasonable efforts to minimise business disruption.

27.1 — Procedure non-compliance

If EEK determines work did not follow Policies §19 (Contractor Operational Procedures), the applicable Supplier Requirements, or manufacturer specification, EEK may disqualify part or all of the supplier fee for that job.

27.2 — Recovery

Disqualified amounts, rework costs, investigation costs, and any debt owed to EEK are recoverable as a debt and may be set off without notice against any amount EEK owes the supplier (see Section 25.4).

27.3 — No chargeback shield

Raising a payment dispute, chargeback, or bank reversal on amounts EEK has set off or recovered under this Section is a material breach and grounds for immediate stand-down and termination.

27.4 — PPSR / security interest

Where permitted by law, EEK may register or enforce security interests over amounts owed by the supplier. Suppliers acknowledge EEK's contractual right to recover costs and set-off regardless of PPSR registration.

28.1 — Pay-now on supplier debts

Amounts owed by the supplier to EEK under Sections 25–27 are payable on demand. Pay-now, argue-later applies to supplier debts to EEK — withholding payment pending dispute is a breach.

28.2 — Block on parallel disputes

While a job is under EEK investigation, the supplier must not solicit the customer, insurer, or third party to bypass EEK billing or dispute EEK's fee determination through external channels without EEK's written consent.

28.3 — Portal records prevail

Where portal acceptance records (OEM toggle, procedures acceptance, timestamps) conflict with supplier assertions, portal records prevail unless the supplier produces contemporaneous documentary evidence.

29.1 — Proprietary process and marks

The EEK Procedure Standard (EPS), Policies §19 Contractor Operational Procedures, supplier portal workflows, checklists, attestation flows, and related documentation are proprietary to Forman Pacific, LLC (trading as EEK Mechanical). © 2026 Forman Pacific, LLC. All rights reserved.

29.2 — Limited licence

Suppliers receive a non-exclusive, non-transferable, revocable licence to use EPS materials solely to perform jobs accepted through the EEK supplier portal. The licence ends on termination or stand-down.

29.3 — Restrictions

Suppliers must not copy, reproduce, publish, train third parties on, or use EPS documentation outside EEK jobs. Reverse-engineering portal attestation flows or replicating EPS checklists for non-EEK commercial use is prohibited.

29.4 — Copyright and trade mark law

EEK may enforce its rights under the Copyright Act 1994 (NZ), Trade Marks Act 2002 (NZ), and equivalent laws in other jurisdictions. Breach is a material breach entitling immediate stand-down, termination, and recovery of damages under Sections 25–27.

29.5 — Portal attestation records

OEM Spec and EPS confirmations at job accept and invoice submit create an audit record usable in disputes, investigations, and insurer reporting. False attestation is fraud and grounds for fee disqualification.

30.1 — Platform changes update supplier context

EEK may update the supplier portal, attestation flows, Policies §19 procedures, OEM Spec presentation, and related job records when the system changes. Suppliers are bound by the current portal and terms when performing new work after the effective date of an update.

30.2 — Discretionary upgrade of historical records (reporting clarity)

Where EEK introduces or clarifies attestation fields, chronology capture, or audit records that reflect requirements already implied by a supplier's prior actions on that job (for example: terms acceptance at job accept, chronology updates, invoice submission, and payment), EEK may at its discretion upgrade the stored job context so reporting and dispute records accurately reflect what was always expected for that job. This is a discretionary reporting upgrade, based on the facts of each job — not a retroactive imposition of a new standard.

30.3 — No backdating of genuinely new requirements

If EEK introduces a genuinely new requirement that was not part of the operational standard applicable when the job was performed, EEK will not backdate that requirement to past jobs. New requirements apply prospectively from their effective date. EEK's discretion under §30.2 is limited to aligning records with prior acceptance and completion facts — not rewriting history to add obligations that did not exist at the time.

30.4 — Portal and audit records

After any discretionary upgrade, portal timestamps and attestation fields on the job are the audit record for insurer reporting, disputes, and investigations. Suppliers who believe a record misstates what occurred must produce contemporaneous documentary evidence (Section 28.3).