Terms of Service

1.1 Company: Forman Pacific, LLC ("EEK Mechanical"), including all subsidiaries, affiliates, and global operations.

1.2 Contractor/Supplier: Independent third-party entities providing Goods and/or Services on behalf of the Company.

1.3 Goods: Products, tools, parts, fuel, or materials provided to users via Contractors.

1.4 Services: Tasks, assistance, repairs, towing, or work performed by Contractors on behalf of the Company.

1.5 Agreement: This document, including associated schedules, amendments, and policies.

1.6 Applicable Laws: All relevant laws in New Zealand, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020.

1.7 Force Majeure: Events beyond reasonable control that prevent performance, such as natural disasters, weather events, traffic incidents, or strikes.

1.8 IP Rights: Intellectual property rights, including copyrights, patents, trademarks, and trade secrets.

1.9 Booking Fee: A non-refundable administrative fee payable at the time of booking to cover contractor pre-allocation, dispatch coordination, 24/7 emergency response administration, and system processing costs. The Booking Fee is disclosed as a separate line item on every invoice. The Booking Fee is retained by EEK Mechanical on all customer-initiated cancellations, regardless of the reason or stage of service, and is never refunded to the customer except where EEK Mechanical is itself unable to perform the service (see §9.2). Where the service proceeds to completion, the Booking Fee is applied against the final invoice. The Booking Fee amount is set out at the time of booking and on the rate card at eek.nz/rate-card.

1.10 Service Deposit: A deposit payable at the time of booking, applied against the final invoice on completion of services. The Service Deposit (less any applicable cancellation charges) may be refunded on customer-initiated cancellation at EEK Mechanical's sole discretion. Unlike the Booking Fee, the Service Deposit is not automatically forfeited on cancellation unless cancellation charges consume the balance.

1.11 AI Agents: SquEEK, our AI assistant for written communications (SMS, email, portal, and WhatsApp), and any other automated systems deployed by EEK from time to time for written channels.

1.12 Vessel: Any boat, ship, yacht, launch, trailer-boat, or other marine craft, together with its engines, equipment, gear, and fittings, in respect of which Goods or Services are provided.

2.1 Registration: Users must register for services through one of the following methods:

• Submitting the online "Book a Job" form via the Company's website
• Verbal agreement provided to a call taker or representative
• Engagement through authorized third-party agents (e.g., AA, insurance companies)
• Completing the booking process via our customer portal
• Any other method approved by Eek Mechanical

2.2 Agreement to Terms: By registering, making payment, or communicating with us, you accept these Terms in full.

2.3 Required Information: Users must provide accurate and complete information during registration, including vehicle registration, contact details, location, and vehicle specifications.

2.4 Approval: The Company reserves the right to accept, refuse, or terminate any registration at its sole discretion.

3.1 Compliance: Users must comply with all applicable laws, including safety regulations and road laws.

3.2 Indemnity: You indemnify Eek Mechanical against claims, losses, and costs arising directly from your own acts, omissions, or breach of these Terms, to the extent those claims are attributable to you.

3.3 Accuracy of Information: Users are responsible for ensuring the accuracy of all details provided during registration and service requests. Incorrect information may result in delays or additional charges.

3.4 Vehicle Access: Users must ensure the vehicle is accessible to the Contractor at the specified location and time.

3.5 Communication: Users must respond to communications from Eek Mechanical, SquEEK, or EEK staff in a timely manner to facilitate service delivery. Users must engage constructively and in good faith.

3.6 Vehicle Warranty: You warrant that: (a) all information provided about the vehicle is accurate and complete; (b) the vehicle is accessible at the specified location and time; (c) you are authorised to book services for the vehicle; and (d) no hazardous, dangerous, or undisclosed substances are present in or on the vehicle. Where a breach of this warranty causes additional costs, delay, or damage, you are liable for those costs.

4.1 How We Communicate: Inbound phone calls relating to an open job are answered by EEK staff when available. Phone calls relating to closed or completed jobs are handled by automated (non-human) systems. Written channels — SMS, email, portal messages, and WhatsApp — may be handled by EEK staff or AI assistants authorised to communicate on behalf of EEK. Phone calls may be recorded as described in our Privacy Policy.

4.2 Communication Consent: By booking, registering, making payment, or otherwise using our services, you consent to EEK and its authorised representatives (including staff and automated systems) communicating with you via SMS, email, WhatsApp, phone call, voicemail, and portal messaging for service delivery, billing, and account administration. For full details on SMS messaging, including message frequency, data rates, and how to opt out (text STOP) or get help (text HELP), see Section 13 of our Privacy Policy.

4.3 Good Faith Engagement: You agree to engage constructively and in good faith with EEK representatives and SquEEK on written channels. Refusing to communicate may delay your service.

4.4 Prohibited Conduct: You must not, whether directly or indirectly:

• Deliberately mislead, manipulate, or provoke any EEK representative or automated system into making false, inaccurate, or misleading statements
• Deliberately attempt to elicit statements from any EEK representative or automated system for the purpose of using such statements as evidence against EEK in any dispute, complaint, legal proceeding, review, or social media post
• Engage in bad faith questioning, hypothetical scenarios, or leading dialogue designed to entrap an EEK representative or automated system into making statements that do not reflect EEK's actual position or policies
• Direct abusive, threatening, discriminatory, or disparaging language at any EEK representative, contractor, or automated system
• Attempt to reverse-engineer, exploit, or interfere with EEK communication or billing systems
• Misrepresent your identity, authority, or job details to EEK
• Harass, spam, or flood EEK channels with excessive, repetitive, or unreasonably frequent messages

4.5 Spam & Excessive Messaging: Where you send excessive, repetitive, or unreasonably frequent messages through any EEK channel, EEK reserves the right to restrict non-essential communications to job-critical notifications and updates only. EEK will continue to provide essential service notifications regardless of any communication restriction.

4.6 AI Statements — No Binding Commitments: Statements made by AI agents are provided for informational and coordination purposes only and do not constitute: (a) binding commitments or representations by EEK; (b) admissions of liability, fault, or responsibility; (c) variations to these Terms or any contract; (d) legal, financial, or insurance advice; (e) guarantees of outcomes, timelines, or service levels; (f) representations about your specific insurance policy, including whether your insurer will accept a claim, any excess payable, or any reimbursement timeline. In particular, any general information provided by an AI agent about how insurance commonly applies to misfuel or roadside incidents is provided based on typical industry experience only — it is not advice about your specific policy and you must verify coverage directly with your insurer. Any variation to these Terms or any binding commitment must be confirmed in writing by EEK through an official written channel. AI agents operate autonomously and may occasionally produce errors or responses that do not reflect the Company's position; such errors or statements do not create binding obligations on EEK and may not be relied upon in any claim, dispute, or proceeding against EEK.

4.7 Dispute Process: Complex issues, complaints, and disputes are handled through our formal disputes process set out in Section 17 of these Terms.

4.8 Recording & Storage: Phone calls, voicemails, and written messages (including SquEEK interactions via SMS, email, and portal) may be recorded, transcribed, and stored. These records may be used for quality assurance, dispute resolution, enforcement of these Terms, and legal proceedings.

4.9 Consequences of Breach: Breach of this Section 4 — including manipulation of communications, evidence fabrication, abuse, harassment, or spam — constitutes a material breach of these Terms and may result in suspension or termination of your account, refusal of service, and any other remedies available to EEK at law or in equity.

5.1 Booking: Upon booking confirmation and deposit payment, your job is queued for dispatch to an available Contractor.

5.2 Dispatch: Eek Mechanical uses an internal quality-based allocation system to match your job with a suitable Contractor. Selection takes into account factors such as proximity, availability, capability, and service history. Response times vary based on location, weather, and traffic conditions.

5.3 Towing: If required, your vehicle will be towed to the Contractor's workshop for service. You will be notified when the vehicle arrives.

5.4 Investigation & Repair: The Contractor will investigate the issue and perform necessary repairs in accordance with manufacturer specifications where available.

5.5 Updates: You will receive updates throughout the process via SMS, email, phone call, portal messages, or other authorised EEK channels.

5.6 Completion: Once repairs are complete, you will be notified. Billing, invoicing, and vehicle release are governed by Section 6.

5.7 Timeline: While we endeavour to complete services promptly, timelines depend on Contractor availability, parts availability, and job complexity. Jobs may roll over to subsequent days.

6.1 Interim Charges: By confirming a booking and providing payment details, you commit to completion of the work in accordance with these Terms and accept that all amounts arising under the job are payable in full. During an open job, EEK may apply interim charges to your stored payment card or account at its sole discretion, with or without prior notice. Interim charges may relate to labour, parts, towing, storage, or any other amounts under these Terms, and may appear as itemised line items or as aggregate amounts on your invoice or card statement. All interim charges are credited against your final invoice and form part of the total amount payable for the job — they are not additional fees beyond the final invoiced balance. Where you have provided a payment card and standing charge authority under §7.17, interim amounts may be charged as work progresses.

6.2 Completion Invoicing & Auto-Charge: Upon service completion, a final invoice is automatically issued. Unless auto-billing is held under §7.17(d), EEK will charge your stored payment card for the outstanding balance under the standing charge authority in §7.17. You will receive notification of the invoice and charge outcome via SMS, email, or the customer portal.

6.3 Declined or Failed Payment: Where an automatic charge is declined or fails, an invoice is issued for payment by another authorised method (portal, phone, or bank transfer). Storage and holding charges under §10.4 and §10.10 apply from completion until payment is received in full.

6.4 Vehicle Release — Payment in Full: The vehicle will not be released for collection or delivery until all invoices for the job are paid in full. Partial payments do not satisfy your payment obligation unless EEK has agreed a payment plan in writing for that specific job. Where a documented payment plan is in place, release is subject to its terms.

6.5 Insurance Payout — Vehicle Retention: Where you rely on insurer reimbursement rather than paying EEK directly, your vehicle remains in EEK's or its Contractor's possession until EEK has received payment in full. Storage and holding charges accrue under §10.4 and §10.10 while the vehicle is retained. Insurer approval, partial payment, or payment to any party other than EEK does not entitle you to collect the vehicle until EEK's invoice is settled in full or a written insurer-pay arrangement under §11.5 is satisfied.

6.6 Payment Plans: You may request a payment plan for an outstanding balance by contacting EEK through the customer portal or on 0800 769 000. Payment plans are at EEK's sole discretion, must be documented in writing, and do not waive any lien or storage rights until the agreed balance is paid.

7.1 Booking Fee and Service Deposit: A non-refundable Booking Fee and a Service Deposit are required to confirm your booking and initiate service dispatch. The Booking Fee is disclosed as a separate line item on your invoice. On completion of services, both the Booking Fee and the Service Deposit are applied against your final invoice, with any remaining balance due from or refunded to you accordingly. On a customer-initiated cancellation (for any reason), the Booking Fee is immediately forfeited and retained by EEK Mechanical — it does not form part of any refund calculation and will not be returned. The Service Deposit (less any applicable cancellation charges under §7.6) may be refunded at EEK Mechanical's sole discretion. The amounts are specified at the time of booking and on the rate card at eek.nz/rate-card.

7.2 Balance Due: The remaining balance is due upon completion of services as set out in §6, unless otherwise arranged in writing with EEK.

7.3 Payment Methods: We accept credit card payments via Stripe, including payments taken by staff on behalf of customers by phone or via the customer portal. Bank transfers may be arranged for balance payments. See §7.17 regarding card retention and standing charge authority.

7.4 Final Payments: All payments are final.

7.5 Pricing: Service charges are based on a combination of factors including towing distance, labour time, fuel disposal volume, replacement fuel, and parts required. Rates may vary depending on vehicle type, location, time of service (standard hours, after-hours, or public holidays), and job complexity. An indicative rate card is available online. All rates are subject to change without notice and final pricing may differ from indicative rates.

7.6 Additional Charges: Additional fees may apply for:

• Non-standard vehicle types or specifications
• Extended distance towing
• After-hours or weekend service
• Parts or materials required
• Unforeseen complications discovered during repair

7.7 Estimates & Verbal Quotations: Any pricing, estimate, or quotation provided verbally — whether by phone, in person, or via any AI agent (SquEEK or an EEK representative) — is indicative only and not binding. Verbal estimates are provided in good faith based on the information available at the time but do not account for unforeseen complications, additional parts, after-hours work, or other variables that may affect the final invoice. The final invoiced amount shall prevail over any verbal estimate or quotation. By making payment, you confirm that you accept the invoiced amount and acknowledge that these written Terms supersede all prior verbal representations, discussions, or undertakings regarding pricing.

7.8 Overdue Payments: Interest of 2% per month, compounded monthly, will apply to overdue accounts. The customer is also liable for all costs of recovery, including (without limitation) debt collection agency fees, legal fees on a solicitor-client (indemnity) basis, court and enforcement fees, PPSR registration and search fees, and reasonable internal administration costs. These costs accrue immediately and form part of the secured debt under clause 10.

7.9 Account Credits: Account credits may be issued solely at the discretion of Eek Mechanical. Credits are non-transferable and valid only within the EEK Mechanical network.

7.10 Currency and Exchange Rate: Eek Mechanical operates internationally and may process payments in multiple currencies including, but not limited to, New Zealand Dollars (NZD), United States Dollars (USD), Australian Dollars (AUD), and British Pounds (GBP). The following terms apply to all currency-related matters:

• Currency Determination: Eek Mechanical reserves the sole and absolute right to determine the currency in which any payment, refund, credit, adjustment, or compensation is made.
• Exchange Rate Application: Where currency conversion is required for any refund, credit, or adjustment, the exchange rate applied shall be determined at the sole discretion of Eek Mechanical.
• No Exchange Rate Benefit: Under no circumstances shall any customer be entitled to receive a refund, credit, or adjustment that exceeds the economic value originally paid. Any claim for additional amounts based on favourable exchange rate movements is expressly excluded.
• Unjust Enrichment: You acknowledge and agree that any attempt to claim a refund or adjustment that would result in you receiving more value than you originally paid constitutes unjust enrichment. You waive any right to seek recovery of amounts resulting in such unjust enrichment.
• Incorrect Currency Charges: If a transaction is inadvertently processed in an incorrect currency, Eek Mechanical shall determine the appropriate remedy at its sole discretion, ensuring that neither party is unjustly enriched or unfairly prejudiced.
• Currency Risk: You accept all currency exchange risk associated with transactions. Eek Mechanical is not liable for any loss, cost, or expense arising from currency fluctuations.

7.11 Invoice Corrections: All invoices issued by Eek Mechanical are subject to correction after service completion. The final invoice amount is determined after all work is completed and verified. Eek Mechanical reserves the right to adjust, correct, or reissue any invoice to reflect the actual scope of work performed, materials used, and applicable rates. Interim amounts charged during the job are governed by §6.1 and are reconciled on the final invoice.

7.12 Billing Disputes: Any dispute regarding an invoice must be raised through the disputes portal within five (5) business days of the invoice being issued or the payment being processed, whichever is earlier. Disputes raised after this period will not be considered. Process detail is in Policy §9. To raise a billing dispute, open the disputes portal. The existence of a billing dispute does not suspend or defer the obligation to pay undisputed amounts.

7.13 NZIFDA Filing Fee: Every misfuel job is registered on the NZIFDA National Misfuel Register and a Certificate of Compliance is issued. A mandatory NZIFDA Filing Fee applies to every job and is shown as a separate line item on every invoice. The current rate is published on the EEK rate card. See nzifda.org/for-consumers for the legal basis of this fee.

7.14 Card Processing & Finance Charges: Where you elect to pay by credit or debit card, the Stripe card processing fee (currently 2.9%) and the additional cost of immediate (instant) payout (currently 1.0%), together with any per-transaction fee (currently $0.30), are passed through at cost as a separate Finance Charge line on your invoice. Finance Charges accumulate as further card payments are made. By choosing card payment you authorise Eek Mechanical to add the corresponding Finance Charge to your invoice and to charge it as part of that payment. Bank transfer (account 06-0313-0860749-00, name "EEK Mechanical") attracts no Finance Charge.

7.15 Direct Contractor Payment; Set-off: If you make any payment directly to a Contractor (or to any other party in the performance of the job) — whether for towing, labour, parts, fuel, disposal, environmental charges, or any other line item — that payment does not discharge your obligation to pay Eek Mechanical's invoice and does not, by itself, entitle you to reduce, withhold, or set off any amount owing to Eek Mechanical. Paying a Contractor directly is a breach of these Terms and of Eek Mechanical's agreement with its Contractors. The full balance on Eek Mechanical's invoice remains due unless and until Eek Mechanical itself receives payment in full. Any credit, adjustment, or recognition of an overlapping payment may be applied only where Eek Mechanical has given prior written agreement to that specific treatment (including the amount, payee, and invoice lines affected). There is no automatic equitable, legal, or contractual set-off against Eek Mechanical's charges based on direct payment to a Contractor, a third-party invoice amount, or alleged duplicate billing — including where you believe you have already paid for the same work twice. Oral statements by any person (including AI agents) do not create a right of set-off. Without limiting the generality of clause 10.9, the vehicle remains subject to Eek Mechanical's possessory lien and PPSA security interests until Eek Mechanical itself has been paid in full.

7.16 Labour Hours — Contractor Declaration and Audit: Labour hours charged on any invoice represent the hours declared by the Contractor (workshop or technician) who performed the work. These hours are a direct pass-through of the Contractor's recorded working time. Where a customer disputes the number of labour hours charged, EEK Mechanical may refer the matter to NZIFDA for independent review. NZIFDA, as the national compliance body for misfuel remediation, maintains audit oversight of certified operator records including recorded technician time. Where such a review has been conducted, the outcome is treated as the authoritative determination of the hours worked and is binding on the invoice. The customer is responsible for all charges as determined by that review.

7.17 Card Storage and Standing Charge Authority:

• (a) Storage: Your payment card details may be securely retained to process future authorised charges.
• (b) Authority: By accepting these Terms and providing a payment card, you grant Eek Mechanical a standing authority to charge the stored card for amounts that become owing under these Terms, including: interim charges during an open job (§6.1); final invoice balances due upon issuance of the invoice; additional charges arising during or after service (§7.6); post-final-invoice adjustments; accrued storage and holding fees (§10.4 and §10.10); non-refundable Booking Fees (§9.2); and reasonable costs incurred by Eek Mechanical as a direct result of a customer-initiated chargeback or debt recovery action where Eek Mechanical's position is upheld.
• (c) Withdrawal: You may withdraw standing charge authority at any time by contacting 0800 769 000. Withdrawal takes effect from the time it is acknowledged by Eek Mechanical and does not extinguish any debt already incurred under these Terms.
• (d) Per-job hold: Eek Mechanical may honour an admin-initiated auto-billing hold on a specific job. Where auto-billing is held, Eek Mechanical will issue the invoice but will not automatically charge the stored card until the hold is released or you pay by another authorised method.

7.18 Late Payment Fee: Where any invoice remains unpaid in full for more than 14 calendar days from the date of issue, a flat Late Payment Fee of $249.00 NZD is automatically added to the invoice balance. The Late Payment Fee is in addition to, and does not limit or replace, the interest accruing under §7.8 or any costs of recovery accruing under §7.8 and §10.10. The Late Payment Fee is charged once per overdue invoice period and is not waived by part-payment of the principal amount. If the invoice remains unpaid after a further 14 calendar days, a further Late Payment Fee of $249.00 NZD may be applied at EEK Mechanical's discretion. The current Late Payment Fee rate is published on the EEK rate card.

7.20 Payment Disputes and Chargebacks — Scope and Trigger: Nothing in this clause limits your right to raise a genuine dispute with your bank, card issuer, or payment provider - including in respect of fraud, an unauthorised transaction, or an error on EEK Mechanical's part; those rights are unaffected. Subject to that: where you initiate a chargeback, payment reversal, card dispute, or similar payment recovery action (a "Payment Dispute") with your card issuer, bank, acquirer, payment provider, or financial institution, and that Payment Dispute is resolved wholly or substantially in EEK Mechanical's favour - including where the disputed funds are returned to EEK Mechanical, where you withdraw the Payment Dispute after EEK Mechanical has commenced preparing its response, or where EEK Mechanical's position is upheld by the card issuer, acquirer, or card scheme - you agree to reimburse EEK Mechanical for all reasonable and documented costs it has incurred in investigating, responding to, and defending the Payment Dispute, as set out in §7.20A.

7.20A Recoverable Costs: Where §7.20 applies, the following costs are recoverable:

• (a) Bank and processor fees: all chargeback, retrieval request, arbitration, and payment-processor fees imposed on EEK Mechanical in connection with the Payment Dispute.
• (b) Staff time: time reasonably spent compiling evidence, preparing responses, corresponding with banks or processors, and managing the dispute — charged at NZD $150 per hour, invoiced in 15-minute increments.
• (c) Evidence production: where EEK Mechanical is required to retrieve, compile, or produce historical records, photographs, technician reports, GPS data, call recordings, dispatch logs, fuel samples, invoices, or other evidence specifically because of the Payment Dispute, the reasonable costs of producing that material.
• (d) Legal and professional costs: legal, professional, debt-recovery, or collection costs reasonably incurred in defending the Payment Dispute or recovering amounts owed.
• (e) Minimum administration fee: NZD $150, being a genuine pre-estimate of the internal administrative costs typically incurred in responding to an unsuccessful Payment Dispute. This minimum applies even where costs under (a)–(d) are individually lower; actual documented costs apply where they exceed $150.

7.20B Payment of Costs; Exclusions: Amounts recoverable under §7.20A become immediately due and payable upon the Payment Dispute being finally determined in EEK Mechanical's favour and may be recovered as a contractual debt. EEK Mechanical will provide an itemised cost breakdown before demanding payment and will supply supporting receipts on request. This clause (§7.20–§7.20B) does not apply where the Payment Dispute is resolved in your favour, where it arises from an error or failure on EEK Mechanical's part, or where the transaction was not authorised by you or by a person holding your authority.

8.1 Parts, Materials and Consumables — Non-Refundable: All parts, components, materials, fluids, consumables, and other goods supplied or installed in the performance of services are non-refundable once ordered. This includes (without limitation) fuel, oil, coolant, filters, hoses, seals, gaskets, sensors, pumps, injectors, and any other item used in the course of remediation or repair. Where a part or material is alleged to be defective or not fit for purpose, your remedy is through the applicable warranty process under Section 12 or, where applicable, the Consumer Guarantees Act 1993 — not by way of a refund of the part cost. Refunds on parts are at EEK Mechanical's sole discretion. Exception — temporary second-hand fuel pumps: where a second-hand fuel pump is installed as a temporary measure under §8.2 and is subsequently removed when the replacement new pump is fitted, the second-hand pump charge will be refunded in accordance with §8.2, less the applicable published restocking fee. This exception applies only to parts expressly installed on a temporary basis and returned to EEK Mechanical upon swap-out.

8.2 Temporary Second-Hand Parts (Fuel Pumps): Where a new fuel pump cannot be secured in a timely manner, Eek Mechanical may, at its discretion, install a second-hand fuel pump as a temporary measure to restore your vehicle to operational condition while the new part is sourced and ordered. Once the new pump is available, the second-hand unit will be swapped out and returned. The second-hand pump will be charged at the applicable published rate and will be refunded upon its return, less the applicable published restocking fee — see eek.nz/rate-card for current rates. You acknowledge that the temporary use of a second-hand part may affect your insurance claim payout or the insurer's assessment of the repair. You are responsible for notifying your insurer of this arrangement. Eek Mechanical accepts no liability for any reduction in or refusal of an insurance payout arising from the temporary installation of a second-hand part.

10.1 Possessory Lien: Eek Mechanical and its Contractors retain a possessory lien over any vehicle, trailer, or item left in care for repair, towing, inspection, or any other service, pursuant to Part 6 of the Contract and Commercial Law Act 2017. Possession may be retained until all outstanding charges (including services, parts, NZIFDA filing fee, finance charges, storage, interest, enforcement and recovery costs) are paid in full. Where the item is a Vessel, Section 20 applies in addition to this Section.

10.2 Abandonment: If the customer fails to collect the item within 21 calendar days of the initial notice, the property shall be deemed abandoned. A final written notice shall be issued allowing an additional 7-day period for settlement and retrieval. This clause does not apply to a Vessel where the statutory notice and sale regime in clause 20.4 applies.

10.3 Disposal Rights: If the customer does not respond to the final notice within the designated period, Eek Mechanical reserves the right to:

• Dispose of or sell the uncollected item via public or private sale
• Apply proceeds to cover all outstanding service fees, storage charges, finance charges, interest, enforcement costs, and administrative costs
• Pursue the customer for any remaining balance after sale or disposal
• Exercise any and all remedies available under the Personal Property Securities Act 1999, including but not limited to enforcement, sale, and accounting

10.4 Storage Fees: A fixed storage fee of $45.00 NZD per day applies to any vehicle, trailer, or other land-based property (a Vessel is excluded from this fixed daily rate and is dealt with separately under clause 20.9) in either of the following circumstances: (a) the item is not collected within 48 hours of notice being provided that it is available for release or delivery; or (b) the item is lawfully retained by Eek Mechanical or its Contractor under the possessory lien in clause 10.1 because an invoice remains unpaid in whole or part, including while any dispute, chargeback, or billing challenge in respect of that invoice is on foot. The $45.00 per day rate is fixed and not negotiable, accrues automatically each day, and is in addition to the underlying invoice. For a Vessel, marine berthage, mooring, hardstand, and haul-out charges accrue under clause 20.9 instead.

10.5 Accrual: Storage fees accrue daily and continue until the item is collected or otherwise lawfully disposed of. The customer remains liable for all reasonable costs associated with storage, notice issuance, legal action, administration, and asset disposal.

10.6 PPSA Security Interest: You grant Eek Mechanical a purchase money security interest (PMSI) and a general security interest over the vehicle, trailer, parts supplied, and any proceeds, accessories, replacements, and attachments thereof, under the Personal Property Securities Act 1999 (PPSA). This security interest secures payment of all amounts owed by you to Eek Mechanical (including services, parts, NZIFDA filing fee, finance charges, storage, interest, enforcement costs, and any other charges arising under these Terms). The security interest takes effect immediately upon Eek Mechanical taking possession of, or supplying parts in respect of, the vehicle. Where the item is a Vessel, the application of the PPSA is subject to clauses 21.5 and 20.6.

10.7 PPSR Registration: Eek Mechanical may register the security interest granted in clause 10.6 on the Personal Property Securities Register (PPSR) at any time. You consent to that registration and waive any right to receive a verification statement under section 148 of the PPSA. Any party dealing with the vehicle does so subject to that registered interest until the debt is discharged in full.

10.8 Contracting Out of PPSA Provisions: To the maximum extent permitted by section 107(2) of the PPSA, you and Eek Mechanical contract out of sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 132, 133, and 134 of the PPSA. You waive your right under section 148 to receive a copy of any verification statement.

10.9 Effect of Third-Party Payment on Lien and Security Interest: Payment by any third party (including, without limitation, your insurer, broker, employer, or any other person paying on your behalf) directly to a Contractor, technician, or any party other than Eek Mechanical does not discharge your debt to Eek Mechanical, does not extinguish Eek Mechanical's possessory lien, and does not extinguish Eek Mechanical's PPSA security interest. The vehicle will not be released free of encumbrance until Eek Mechanical itself receives payment in full.

10.10 Enforcement and Recovery Costs: You are liable for, and indemnify Eek Mechanical against, all costs, expenses, fees and disbursements reasonably incurred by Eek Mechanical in registering, maintaining, varying, discharging, or enforcing the security interest, the lien, or any related rights, including (without limitation) PPSR registration and search fees, debt collection agency fees, court filing fees, sheriff and bailiff fees, towing, storage, locksmith, premises and asset-protection costs (including reasonable security personnel or static guarding where Eek Mechanical or its Contractor has a credible concern for the safety of people on site or for the security of the goods held under lien — for example where you, or a person acting for or associated with you, indicate an intention to attend the Contractor’s premises during a dispute), and legal fees on a solicitor-client basis. Such protection costs are charged at actual reasonable cost, must be proportionate to the concern, and the basis is recorded on the job file. These costs accrue immediately and form part of the secured obligation.

10.11 Pre-Existing Conditions: Eek Mechanical and its Contractors are not responsible for pre-existing damage, mechanical conditions, or deterioration present before service commencement. Where reasonably practicable, pre-existing damage will be noted at the time of vehicle collection. Claims for damage alleged to have occurred during service must be notified in writing to Eek Mechanical within 48 hours of the vehicle being released. After this period, Eek Mechanical cannot be held responsible for conditions that may have pre-existed or developed after release.

11.1 Appointment as Principal Repairer: By engaging EEK Mechanical, you appoint Forman Pacific, LLC ("EEK Mechanical") as your sole Principal Repairer and Authorised Repairer for all purposes connected with the incident, including for the purposes of any insurance claim. This appointment is made by you independently of your insurer and is binding on your insurer under your policy and applicable New Zealand law. EEK Mechanical operates as principal — not as a subcontractor to, or panel repairer for, any insurer.

11.2 Irrevocability Once Work Commences: Once Eek Mechanical has commenced any work on your vehicle — including collection, towing, assessment, or any remediation — your appointment of Eek Mechanical as Principal Repairer is irrevocable. You must not, at the direction of your insurer or any third party, redirect your vehicle or the repair to another repairer. Any such redirection after commencement of work constitutes a breach of your agreement with Eek Mechanical and you remain liable for all costs incurred.

11.3 Anti-Steering: Your insurer may attempt to redirect you to one of their preferred panel repairers. You are not obligated to comply. If your insurer attempts to pressure you into using a different repairer after Eek Mechanical has been engaged, you should inform them that: (a) Eek Mechanical has already been appointed as your Principal Repairer; (b) work has already commenced; (c) Eek Mechanical has a possessory lien over the vehicle until payment is received; and (d) redirecting the repair without Eek Mechanical's written consent is not possible. Eek Mechanical is not a member of any insurer panel and is not subject to any insurer panel terms or pricing.

11.4 Authority to Communicate with Insurer: You authorise Eek Mechanical to communicate directly with your insurer on your behalf for the purpose of: providing insurance reports; presenting invoices and supporting documentation; coordinating claim approval; and recovering amounts owed. This authority does not extend to settling or compromising any claim on your behalf without your consent.

11.5 Payment Scenarios: Two payment models apply depending on the arrangement in place:

• Customer-Pay Model (standard): In most cases, you pay Eek Mechanical in full before or upon completion of services. You then claim reimbursement from your insurer independently. Eek Mechanical will provide you with an insurance report and certificate to support that claim. Your insurer reimburses you — not Eek Mechanical. Eek Mechanical accepts no responsibility for the outcome of your claim or for any shortfall between what your insurer reimburses and what you paid Eek Mechanical.
• Insurer-Pay Model (where agreed): In some cases — where Eek Mechanical has agreed in writing to accept direct payment from your insurer — your insurer will be invoiced directly by Eek Mechanical. In this scenario, you remain the primary debtor and the obligation to pay Eek Mechanical is at all times yours, not the insurer's. If your insurer fails to pay within 30 days of invoice, fails to pay in full, declines the claim in whole or part, or makes payment to any party other than Eek Mechanical, the full outstanding amount (including any shortfall, finance charges, storage, interest, and recovery costs) becomes immediately due and payable by you to Eek Mechanical, regardless of the status of your claim.

11.6 Assignment of Insurance Proceeds and Right of Subrogation: You hereby assign to Eek Mechanical absolutely, by way of security and as a present assignment, the benefit of all insurance proceeds payable in respect of Eek Mechanical's services up to the total amount outstanding under any invoice issued by Eek Mechanical (including services, parts, NZIFDA filing fee, finance charges, storage, interest, and recovery costs). This assignment takes effect immediately upon engagement of Eek Mechanical and operates as notice to your insurer in conjunction with any insurance report or claim submission Eek Mechanical issues. You authorise Eek Mechanical to give written notice of this assignment to your insurer at any time, and you must not, by any act or omission, accept, redirect, dissipate, or compromise insurance proceeds attributable to Eek Mechanical's services without first satisfying Eek Mechanical's invoice in full. Eek Mechanical may also exercise rights of subrogation against your insurer in your name to recover the secured debt.

11.7 Obligation Not to Prejudice Eek Mechanical's Position: You must not take any action, make any representation, or enter into any agreement with your insurer that would reduce, limit, or extinguish Eek Mechanical's right to recover its charges. This includes (without limitation) agreeing to an insurer's assessment that values the repair at less than Eek Mechanical's invoice amount, accepting cash settlement that is less than Eek Mechanical's invoice amount, or directing or permitting your insurer to make payment to any party other than Eek Mechanical, in each case without Eek Mechanical's prior written consent. Any breach of this clause is a material breach of these Terms and you indemnify Eek Mechanical against any resulting shortfall and costs.

11.8 Insurance Reports: Eek Mechanical will provide an insurance report for misfuel incidents to support your claim. Reports are based on actual work performed and live invoice data. They are provided to you and, with your authorisation, directly to your insurer. Insurers may access the EEK Insurance Claims Portal at eek.nz/claims/insurer-portal to process the claim.

11.9 Payment Obligation Independent of Claim: Your obligation to pay Eek Mechanical is absolute, primary, and independent of the outcome, timing, or progress of any insurance claim. Full payment is due in accordance with the invoice regardless of whether your insurer approves, partially approves, declines, or delays the claim. If your insurer pays less than the invoiced amount, refuses to pay, or pays to any party other than Eek Mechanical, you remain personally liable for the full shortfall plus all interest and recovery costs.

11.10 Costs of Recovering from an Insurer Borne by You: Where you elect to rely on your insurer to pay Eek Mechanical (whether under the Insurer-Pay Model or otherwise), and your insurer fails to pay Eek Mechanical in full within the time required, all costs incurred by Eek Mechanical in pursuing payment are your responsibility. This includes (without limitation): debt collection agency fees; PPSR registration, search, and discharge fees; legal fees on a solicitor-client (indemnity) basis; court filing and enforcement fees; tracing and investigation costs; storage and security costs while the vehicle remains in possession; interest at the rate specified in clause 7.8; and any other reasonable costs incurred in protecting or enforcing Eek Mechanical's rights. You authorise Eek Mechanical to add such costs to your invoice as they are incurred. Where Eek Mechanical recovers any amount from your insurer (including by exercise of subrogation rights), it may apply that recovery first against accrued costs, fees, and interest, and second against the principal invoice.

11.11 Insurer Portal: Insurers are directed to the EEK Insurance Claims Portal at eek.nz/claims/insurer-portal. Insurer access to this portal does not transfer payment responsibility from you to the insurer unless explicitly confirmed in a separate written agreement signed by Eek Mechanical.

11.12 Data Minimisation: Eek Mechanical will share only the information with your insurer that is reasonably required to process the claim. We will not disclose our supplier network, internal pricing structures, subcontractor arrangements, or commercial terms to any insurer.

11.13 Insurance Information — Not Insurance Advice: EEK Mechanical is not a registered financial adviser, insurance adviser, or insurance broker under the Financial Markets Conduct Act 2013 or any other applicable legislation. Any information provided by EEK Mechanical or its AI agents (including SquEEK or an EEK representative) regarding insurance coverage, policy terms, excess amounts, claim processes, reimbursement timelines, or likely insurance outcomes is provided as general information only, based on common industry experience with similar incidents. Such information does not constitute: (a) a representation about your specific insurance policy or its terms; (b) insurance advice or financial advice within the meaning of any applicable legislation; (c) a guarantee that your insurer will accept, partially approve, or pay any claim; or (d) a binding commitment about any reimbursement amount or timeframe. You must independently verify your own insurance coverage with your insurer before relying on any statement by EEK Mechanical or its AI agents regarding insurance. As a person contracting for services, you are presumed to have reviewed and understand the terms of your own insurance policy. EEK Mechanical accepts no liability for any shortfall between what you recover from your insurer and what you have paid to EEK Mechanical. Your payment obligation under these Terms is unconditional and independent of any insurance outcome (see clause 11.9).

12.1 Contractor Warranties: All warranties, if any, are provided by Contractors. Eek Mechanical disclaims all warranties, express or implied, to the extent permitted by law.

12.2 Contractor Responsibility: Contractors are solely responsible for ensuring Goods and Services are free from defects and comply with applicable laws and manufacturer specifications.

12.3 Remedies: Claims regarding workmanship should in the first instance be raised with Eek Mechanical, who will liaise with the relevant Contractor. Nothing in this clause limits any rights you may have under the Consumer Guarantees Act 1993.

12.4 Consumer Guarantees: Nothing in these Terms excludes or limits any rights you may have under the Consumer Guarantees Act 1993 that cannot be excluded by law.

12.5 12-Month No-Fault Warranty — Fuel Pumps and Injectors: EEK Mechanical provides a 12-month no-fault warranty on fuel pump and injector services performed as part of a misfuel or fuel contamination remediation. Where a fuel pump or injector fails within 12 months of the Service Completion Date and such failure is attributable to residual effects of the original contamination event, EEK Mechanical will, at no additional charge to you: (a) submit a public indemnity claim against the service contractor (the workshop that performed the remediation work) on your behalf; and (b) co-ordinate the claim through the contractor's professional indemnity insurance to arrange the necessary repair or replacement. This warranty does not cover: failures attributable to independent mechanical issues unrelated to the contamination event; a subsequent misfuelling or contamination incident; vehicle modification; misuse; or other causes within the customer's control. Where a contractor disputes liability, EEK Mechanical will support you through the claims process at no cost. This warranty is provided by EEK Mechanical in its capacity as service co-ordinator and does not alter the contractor's own obligations or liability. A Certificate of Compliance documenting this warranty may be issued upon request or following completion of your service.

13.1 Coordination Service: Eek Mechanical provides a coordination and dispatch service. Physical services are performed by independent Contractors. Eek Mechanical's liability relates to the coordination service it provides. Nothing in this clause limits any rights you may have under the Consumer Guarantees Act 1993 in respect of services supplied to you.

13.2 Limitation: Eek Mechanical's liability is limited to the coordination service provided. Claims regarding physical services should be directed to the Contractor.

13.3 Maximum Liability: To the extent permitted by law and subject to the Consumer Guarantees Act 1993, Eek Mechanical's maximum liability shall not exceed the amount paid by you for the specific service in question. This limit does not apply to personal injury claims.

13.4 Consequential Damages: To the extent permitted by law and subject to the Consumer Guarantees Act 1993, Eek Mechanical is not liable for any indirect, incidental, special, or consequential damages arising from or in connection with the services, including but not limited to: loss of use of the vehicle; loss of profits or business revenue; cost of alternative transport, accommodation, or travel; vehicle hire or rental costs; loss of business opportunities; any economic or non-economic loss flowing from a delay in service. This limitation applies regardless of the cause of action and whether or not Eek Mechanical was advised of the possibility of such damages.

14.1 Definition: A "Specialist Report" means any written report, analysis, assessment, summary, or document prepared by EEK Mechanical or its agents in connection with a job, vehicle, incident, or claim, and delivered to any party by email, portal, or other means.

14.2 Informational Purpose Only: All Specialist Reports are provided strictly for informational purposes only. They do not constitute legal advice, professional advice, a formal finding of fact, an expert opinion, a legally binding determination, or any representation that the information is accurate, complete, or fit for any particular purpose. Nothing in a Specialist Report should be construed as creating any legal, professional, or advisory relationship between EEK Mechanical and the recipient.

14.3 No Reliance: You must not rely on any Specialist Report as the sole or primary basis for any legal claim, insurance claim, court filing, regulatory complaint, negotiation, or other action. EEK Mechanical expressly disclaims all responsibility for any action taken or not taken in reliance on a Specialist Report.

14.4 Zero Liability: EEK Mechanical, Forman Pacific LLC, and their respective officers, directors, employees, contractors, agents, successors, and assigns accept absolutely no liability whatsoever — whether in contract, tort (including negligence), under statute, in equity, or on any other basis — for any loss, damage, cost, expense, claim, or consequence of any kind (including direct, indirect, special, consequential, incidental, punitive, or exemplary loss) arising from or in connection with: (a) the preparation or issue of any Specialist Report; (b) any reliance placed on a Specialist Report by any person; (c) any inaccuracy, incompleteness, or error in a Specialist Report; (d) any action taken or omitted on the basis of a Specialist Report; or (e) the failure to issue or update a Specialist Report.

14.5 Limitation on Warranties: To the maximum extent permitted by law, EEK Mechanical makes no warranty, express or implied, as to the accuracy, completeness, fitness for purpose, merchantability, or reliability of any Specialist Report. The Consumer Guarantees Act 1993 does not apply to Specialist Reports to the extent that they are provided in trade for the purposes of a business. Where that Act cannot be excluded, EEK Mechanical's liability is limited to re-supplying the report or paying the cost of having the report re-supplied.

14.6 Independent Advice: EEK Mechanical strongly recommends that you obtain independent legal, technical, financial, or other professional advice before taking any action on the basis of a Specialist Report, including but not limited to: making or defending any insurance claim; asserting or waiving any legal right; commencing or settling any legal proceeding; making any representation to any regulatory body; or entering any agreement.

14.7 Third-Party Information: Specialist Reports may contain information provided by third parties (including suppliers, contractors, vehicle manufacturers, and other parties). EEK Mechanical does not verify, endorse, or accept responsibility for the accuracy or completeness of any such third-party information.

14.8 No Legal Privilege: Specialist Reports are not prepared for the purpose of litigation and do not attract legal professional privilege. Recipients should not assume any confidentiality protections apply to reports unless separately agreed in writing.

14.9 Specialist Report Fees: Where Eek Mechanical prepares a Specialist Report — being a report, technical assessment, letter of demand, or evidentiary document compiled by a person rather than generated automatically — a professional service fee of $130.00 NZD per hour (charged in 15-minute increments) applies to the time reasonably spent researching, drafting, reviewing, and finalising that report. The fee is disclosed before the report is commissioned where it is requested by you, and forms part of the amounts secured by the lien and security interest under Section 10. Automated correspondence generated by Eek Mechanical's AI systems (for example routine portal or email replies) is treated as internal operating overhead and is not separately charged under this clause.

14.10 Governing Law: This Section 14 is governed by the laws of New Zealand. Any dispute arising from the issue or content of a Specialist Report is subject to the dispute resolution process in Section 17 of these Terms.

14.11 Acceptance: By receiving, opening, reading, or acting on a Specialist Report, you unconditionally accept the terms of this Section 14 in full.

15.1 Data Collection: We collect personal information necessary to provide our services, including name, contact details, vehicle information, location data, and communication records.

15.2 Data Processing: User data is processed in compliance with the Privacy Act 2020 (New Zealand).

15.3 Sharing with Contractors: By using our services, you consent to the sharing of your data with Contractors for operational purposes.

15.4 AI Processing: Your communications may be processed by our AI agents (SquEEK and EEK staff) to facilitate service delivery and improve our systems. All AI interactions are recorded and stored.

15.5 Breach Notification: You will be notified of data breaches in accordance with applicable laws.

15.6 Privacy Policy: For full details, please refer to our Privacy Policy.

16.1 Restriction: Where services are acquired in trade or for business purposes, you agree not to directly engage Contractors introduced through Eek Mechanical for similar services outside of Eek Mechanical agreements for a period of 12 months following your last service. This clause does not apply to consumers acquiring services for personal, domestic, or household purposes.

17.1 Disputes with Contractors: Disputes related to Goods or Services should first be addressed directly with the Contractor who performed the work.

17.2 Mediation: Before commencing legal proceedings, parties agree to attempt resolution through good faith negotiation and, if necessary, mediation.

17.3 Raising a Dispute: Any dispute regarding EEK Mechanical's services, charges, or conduct must be raised through the disputes portal at eek.nz/disputes-tribunal (or your customer portal Disputes tab). The operational process is set out in Operational Policies Manual §9, which you agree to follow by raising a dispute.

17.3A Process — Portal and Record: Procedural detail for portal-only correspondence, single-channel record-keeping, and off-portal messages is in Policy §9.2–9.5. Contractually, the portal is the only effective channel for dispute notice and submissions while a dispute is open.

17.3B Account Holder Only: EEK Mechanical corresponds about a disputed account only with the verified account holder (Privacy Act 2020 IPP 11). Operational detail is in Policy §9.4.

17.3C No Notice Outside the Portal: While a dispute is open, messages outside the portal do not constitute notice or valid correspondence for dispute purposes. See Policy §9.3.

17.4A EEK-Initiated Disputes: EEK Mechanical may open a dispute proactively where reasonable grounds exist. Operational detail for EEK-initiated disputes is in Policy §9.7. Non-engagement may result in a formal decision in EEK Mechanical's favour and use of that record in any subsequent chargeback or Tribunal proceeding.

17.5 Internal Resolution — Mandatory First Step: Before external escalation (including card chargebacks and Tribunal filing), you must complete EEK Mechanical's internal disputes process through the portal. Process detail is in Policy §9.7–9.9. This is a mandatory first step under the NZ Disputes Tribunal Act 1988.

17.6 Formal Decision: EEK Mechanical's dispute resolution panel issues a written decision addressing every point raised. Process detail is in Policy §9.9. The decision constitutes EEK Mechanical's final position before external escalation and is provided at a unique decision URL.

17.7 Jurisdiction: Any disputes with Eek Mechanical shall be resolved in the courts of New Zealand.

17.8 Costs: Each party bears their own legal costs unless the court or Tribunal orders otherwise. This clause does not limit or override: (a) EEK Mechanical's right to recover the Disputes Tribunal filing fee under §17.9A where its position is upheld by the Tribunal; or (b) EEK Mechanical's right to recover documented costs of defending a payment dispute under §7.20–§7.20B. Those provisions create specific contractual entitlements that exist independently of any general costs order.

17.9 Escalation to NZ Disputes Tribunal: If you are not satisfied with EEK Mechanical's decision, you may file a claim with the New Zealand Disputes Tribunal (jurisdiction: claims up to $30,000, or up to $60,000 by agreement). EEK Mechanical will pay the filing fee on your behalf. To initiate this process, complete the filing form at eek.nz/dispute-filing. This filing constitutes an escalation — EEK Mechanical's decision document will be submitted to the Tribunal as its evidence. The burden of proving excessive charging or breach rests with the claimant.

17.9A Filing Fee Reimbursement — Rights and Scope: Nothing in this clause is intended to deter any person from exercising a genuine right to bring a claim. EEK Mechanical pays the Disputes Tribunal filing fee precisely because it wants access to justice to be free. This clause applies only in the specific and limited circumstances described in §17.9B and §17.9C, and only where a formal Tribunal or court finding is made — it is not triggered by EEK Mechanical simply disagreeing with your claim, or by the Tribunal ruling in EEK Mechanical's favour on technical grounds unrelated to the merits of your position.

17.9B Filing Fee Reimbursement — When It Applies: Where EEK Mechanical has paid the Disputes Tribunal filing fee on your behalf under §17.9, and the Tribunal determines that EEK Mechanical's position is upheld (whether in full or in substantial part), you agree to reimburse EEK Mechanical for the filing fee paid. The filing fee is not a penalty — it is a genuine disbursement incurred by EEK Mechanical on your behalf, and its recovery by the successful party is expressly contemplated by the Disputes Tribunal Act 1988. EEK Mechanical will reference this clause in every dispute resolution decision document issued under §17.6 and in the evidence package submitted to the Tribunal.

17.9C Frivolous or Vexatious Claims — Additional Costs: Where the Disputes Tribunal or any court of competent jurisdiction makes a formal finding that a claim was brought frivolously, vexatiously, or in bad faith, EEK Mechanical reserves the right to seek recovery of its reasonable costs to the extent permitted by New Zealand law. This provision is triggered solely by such a formal finding — not by EEK Mechanical's own assessment of the claim, and not by EEK Mechanical's position being upheld on the merits alone.

17.10 Supplier Damage Claims: Where a dispute relates to alleged damage to a vehicle caused by a third-party contractor (supplier) rather than EEK Mechanical itself, EEK Mechanical accepts no liability for that damage. However, EEK Mechanical will assist the customer in pursuing a claim against the supplier at the Disputes Tribunal, including paying the filing fee and assisting with preparation of the claim. EEK Mechanical is not liable for any adverse outcome of that proceeding.

17.11 Payment Disputes and Chargebacks: If you initiate a payment dispute or chargeback with your card issuer without first completing the internal disputes process (§17.5; Policy §9), EEK Mechanical will submit its dispute resolution decision, job records, terms acceptance records, payment records, and all available evidence to the card issuer. Initiating a chargeback without completing the internal process may be treated as inconsistent with your contractual obligations. Where EEK Mechanical successfully defends a Payment Dispute, its right to recover documented costs is set out in §7.20–§7.20B.

17.12 External Bodies: After completing the internal process (§17.5), you may contact external bodies listed in Policy §9.11. EEK Mechanical co-operates fully with all lawful enquiries from those bodies.

17.15 Customer Withdrawal — Legal Effect: If you expressly withdraw the billing dispute in writing in the portal (including statements that there is "no dispute"), your withdrawal constitutes your settlement or compromise of any billing dispute claim under the Consumer Guarantees Act 1993 s 43(7) raised in that process, to the extent such a claim existed. It is not an admission that services were defective, not a waiver of insurance or third-party claims, and not a bar to external forums under §17.9. EEK Mechanical may rely on the closure record and portal transcript in any card issuer dispute, Disputes Tribunal proceeding, or other external process where you later assert a billing dispute inconsistent with your withdrawal. Initiating a card chargeback after documented withdrawal may be treated as inconsistent with §17.11. Withdrawal procedure is in Policy §9.12.

17.13 Dispute Outcome — Relationship Termination: Where Eek Mechanical's dispute resolution panel issues a formal decision in favour of Eek Mechanical, or where a customer's conduct during or before the dispute process constitutes grounds for termination under §18.1, Eek Mechanical may elect to permanently close the customer account with immediate effect pursuant to §18.3. The formal dispute decision is noted on the customer's record. This election is at Eek Mechanical's sole discretion and may be exercised at any time following the formal decision, including retroactively in respect of accounts that remain open following an older resolved dispute.

17.14 No Obligation to Re-Engage: Following permanent account closure under §18.3 or §17.13, Eek Mechanical has no obligation to provide further services, communications, explanations, or engagement of any kind to the former customer. Requests for re-engagement or reinstatement will be automatically declined. The former customer's sole recourse is through external bodies as specified in §17.12 if they believe the original dispute decision was unlawful.

18.1 Termination by Company: Eek Mechanical may terminate or suspend services immediately where a customer has committed fraud, breached these Terms in a serious manner, or poses a safety risk. In other circumstances, Eek Mechanical will provide reasonable notice before terminating services.

18.2 Post-Termination: Users remain liable for outstanding payments, including interest, fees, and storage charges incurred prior to termination.

18.3 Permanent Account Closure: Where Eek Mechanical elects to permanently terminate a customer relationship — whether following a dispute resolution under §15, or due to conduct constituting grounds under §18.1 — the customer's account is immediately and irrevocably closed. Eek Mechanical has no obligation to provide services to a permanently closed account under any circumstances, and no obligation to provide reasons beyond noting that a resolved dispute or conduct breach is recorded on file.

18.4 No Re-Engagement: A customer whose account has been permanently closed may not re-register, re-book, or otherwise receive services from Eek Mechanical, whether under their own name, an alternative name, a different vehicle registration, different contact details, or through any third party acting on their behalf. Any booking attempt or enquiry from a permanently closed account will be automatically declined without acknowledgement, explanation, or liability.

18.5 Declined Customer Register: Eek Mechanical maintains a Declined Customer Register for fraud prevention, risk management, and service integrity purposes. Permanently closed accounts are recorded on this Register. The existence of a record on the Declined Customer Register is not subject to challenge, correction, or removal, except where the record is demonstrably inaccurate as to identity. The Register is maintained in accordance with the Privacy Act 2020 and disclosed in the Privacy Policy.

19.1 Recovery and Transport: Where recovery, towing, haul-out, slipping, trailering, or transport of a vehicle or Vessel is required, it is carried out at your risk except to the extent of EEK Mechanical's or its Contractor's negligence. You must disclose any condition affecting safe recovery (including mechanical, structural, or stability issues for a Vessel) before recovery commences.

19.2 Access and Site Conditions: You are responsible for ensuring safe and lawful access to the vehicle or Vessel, including ramp, marina, mooring, hardstand, or berth access. Additional charges may apply where site conditions require specialist equipment, tides, or marine handling.

19.3 Risk During Transport: Subject to the Consumer Guarantees Act 1993, EEK Mechanical is not liable for loss or damage occurring during transport that is not caused by its own or its Contractor's negligence, including damage arising from undisclosed pre-existing conditions or from the inherent nature of the vehicle or Vessel.

21.1 Scope: This Section applies where Eek Mechanical has agreed pre-agreed rates, frozen invoice lines, or other commercial terms with a corporate or fleet account in writing — including via the customer account template stored in our systems. It supplements (and where stated, overrides) the general payment terms in Section 7 for those accounts only.

21.2 Agreed rates — standard single completion: Pre-agreed template lines apply to the standard single completion of the booked service: one dispatch, one tow where applicable, and the labour and parts shown on the agreed template for that account. They do not cap or exclude charges where the customer, site contact, or third party causes additional attendances, aborted tows, false starts, repeated callouts, on-site delays, or other disruption beyond a normal single completion.

21.3 Additional callouts and false starts: Each additional supplier attendance, tow dispatch, site visit, or callout caused or necessitated by customer unavailability, refusal on site, changed instructions, duplicate bookings, or other customer-side delay is charged separately at Eek Mechanical's then-current published rates (see the rate card), itemised by date and time on the invoice. Verbal assurances or SquEEK messages do not waive these charges.

21.4 Card on file — current and future payments: Corporate and pre-agreed account customers authorise Eek Mechanical to retain the payment card on file for this job and for all current and future payments on the same account, including interim charges, final balances, post-invoice adjustments, and additional callout lines under §21.3 — subject to §7.17 (Card Storage and Standing Charge Authority) and any admin-initiated billing hold on a specific job.

21.5 Overpayment credit — roll forward: Where Eek Mechanical has received more than the invoiced balance (including duplicate deposits, interim payments, or an auto-charge before invoice correction), the excess is held as an account credit and applied to the next invoice on the same corporate account unless Eek Mechanical agrees otherwise in writing. A credit does not waive any amount still owing once the corrected invoice is issued.

21.6 Template lines — scope only: Pre-agreed template lines define description and default pricing for a standard completion only. They do not limit Eek Mechanical's right to invoice additional lines under §7.6, §7.11, §21.3, or this Section where the facts require it.

22.1 Right to Amend: The Company reserves the right to amend these Terms at any time. Updated Terms will be posted on our website.

22.2 Acceptance: Continued use of services after amendments constitutes acceptance of updated Terms.

22.3 Written Terms Prevail: These Terms, as published on the Eek Mechanical website, constitute the complete and binding agreement between you and Eek Mechanical. These written Terms supersede and take precedence over all prior or contemporaneous verbal statements, representations, estimates, quotations, promises, or undertakings, whether made by phone, in person, via email, via any AI agent (SquEEK or an EEK representative), or by any other means. No verbal agreement, AI-generated statement, or other representation shall vary, amend, or override these Terms unless confirmed in writing by EEK through an official written channel. By making payment or proceeding with services, you confirm that you have not relied on any verbal or AI-generated statement inconsistent with these Terms.

22.4 Operational Policies and Procedures: No set of terms can anticipate every situation that may arise during a booking, repair, payment, insurance, recovery, communication, or dispute process. EEK Mechanical therefore also maintains operational policies, procedures, guidelines and standard practices that supplement these Terms and govern how it administers its services day to day (including, for example, dispute handling, communication channels, identity verification, privacy, payment and storage administration). Such policies may be developed, applied, and updated by EEK Mechanical from time to time, including during an active process, as is reasonably necessary for the orderly, fair and lawful operation of its services. These policies are operational and procedural in nature; they supplement but do not replace these Terms.

22.5 Subordinate to Terms and Law: Any operational policy or procedure under clause 22.4 is at all times subordinate to (a) these published Terms, and (b) your rights that cannot be excluded by contract under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Privacy Act 2020, and any other applicable enactment. Where a policy is inconsistent with these Terms or with any such non-excludable right, these Terms and the applicable law prevail to the extent of the inconsistency. No operational policy will increase the agreed price of a booking you have already accepted, reduce your statutory consumer guarantees, or remove your right to raise or pursue a dispute. This clause is intended to provide reasonable, good-faith operational detail consistent with these Terms and the law, and is not a right for EEK Mechanical to unilaterally vary the substance of the bargain to your detriment.

22.6 Availability and Notice of Policies: EEK Mechanical's current operational policies are published at eek.nz/policies, are applied transparently, and are available to you on request, and key process information is shown in your customer or dispute portal. Where EEK Mechanical makes a material change to a policy that affects an active matter, it will make that change available through the relevant portal or on request. If you consider that a policy has been applied unfairly, you may raise it through the dispute resolution process in Section 17, and you retain all rights under clause 22.5.

23.1 Jurisdiction: These Terms are governed by the laws of New Zealand.

23.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.