Terms of Engagement
These terms set out how Chartwell (NZ) Ltd T/A Grafton Group works with you when you refer an overdue account for recovery. Please read them alongside our Schedule of Charges.
1. Engagement
By instructing Chartwell (NZ) Ltd T/A Grafton Group (“Grafton Group”, “we”, “us”) to recover an overdue account, you (“the client”) engage us to act on your behalf to collect the amounts owed to you. These terms, together with our Schedule of Charges, form the basis of that engagement.
2. Authority
You authorise Grafton Group to contact the debtor, negotiate payment or payment arrangements, issue formal demands, serve documents and, where appropriate and with your instruction, commence and conduct District Court recovery proceedings on your behalf.
3. Costs & commission
Our fees are set out in the Schedule of Charges and are payable in accordance with it. Collection commission, hourly rates, disbursements and court filing costs apply as described there. Where costs are recoverable from the debtor we will pursue them, but you remain responsible for our fees and disbursements incurred on your instruction.
4. Payments & remittance
Funds recovered are received into our trust/office account and remitted to you less our fees and any agreed deductions. Payments by debtors are to be made to Chartwell (NZ) Ltd T/A Grafton Group at Westpac Banking Corporation. No statements are issued; our invoices are due on receipt.
5. Information you provide
You confirm that the debt referred is genuine, correctly stated, and legally owing, and that you will provide accurate supporting information (invoices, agreements, correspondence) on request. You will promptly advise us of any direct payments or contact from the debtor.
6. Confidentiality & privacy
We handle all information confidentially and in accordance with the Privacy Act. Debtor information is used solely for the purpose of recovering the account referred to us.
7. Credit reporting
Where an account remains unpaid, the debt may be recorded with credit reporting agencies, which may affect the debtor’s credit rating. This is carried out in accordance with applicable law and industry practice.
8. Termination
Either party may end this engagement by written notice. Fees, commission and disbursements incurred up to the date of termination remain payable. Xero continues to be used for your billing.
These terms are provided for the convenience of clients engaging our recovery services and do not constitute legal advice. For questions, contact our office on +64 27 242 2757 or graftongroup@chartwell.co.nz.