Supplier Terms of Service

• •"EEK" or "Company" means EEK Mechanical (Forman Pacific, LLC) and its related entities.
• •"Supplier" or "Contractor" means any individual, company, or entity engaged by EEK to perform misfuel recovery or related automotive services.
• •"Job" means any service request dispatched to a Supplier through the EEK platform.
• •"BCA" or "Buyer Created Agreement" means the self-billing arrangement under which EEK creates tax invoices on behalf of the Supplier.
• •"Platform" means the EEK website, supplier portal, and all related systems.
• •"Customer" means the end user receiving misfuel recovery services.

2.1 — Pathways to Supplier Status

Suppliers are engaged as independent contractors, not employees. A Supplier becomes a participating member of the EEK contractor network by either: (a) completing the supplier registration form at eek.nz/supplier; or (b) accepting any job or work order issued by EEK, regardless of whether the formal registration process has been completed.

2.2 — Acceptance of Terms

By taking either of the actions described in Clause 2.1, the Supplier confirms their acceptance of all terms and conditions contained in this Agreement, including any referenced policies or schedules. Acceptance of a job constitutes contractual agreement.

2.3 — Registration Requirements

To become an EEK Supplier, you must:

• •Provide your full legal business name as registered with the Companies Office
• •Provide your GST registration number (if GST registered)
• •Provide your complete business address
• •Provide valid NZ bank account details for payment
• •Accept these terms via the supplier portal
• •Maintain valid certifications and insurance as specified below

2.4 — Network Participation & Public Representation

Suppliers acknowledge and agree that they are part of the EEK network of mechanics and contractors. EEK may publicly represent the Supplier's participation in this network in all customer communications. The Supplier consents to being identified by name, region, and trade classification for operational and commercial purposes.

2.5 — Privacy Waiver & Data Disclosure

The Supplier grants EEK a standing waiver to disclose necessary business and contact information to customers for the purpose of delivering services. This includes business name, dispatch contact number, service credentials, vehicle registration, technician name, and estimated arrival times.

2.6 — Voluntary Withdrawal

To exit the EEK network, the Supplier must submit a formal request via the supplier portal or by contacting EEK in writing. Informal notices or lack of responsiveness will not be accepted as valid withdrawal.

2.7 — Payment Contingency

No payment for services rendered shall be processed unless the Supplier has completed the registration process and provided all required documentation. EEK reserves the right to withhold payment for unregistered or non-compliant suppliers.

3.1 — Authorisation

By accepting jobs through EEK, you irrevocably authorise EEK to create GST tax invoices on your behalf for all services rendered. This authorisation remains in effect for the duration of your supplier relationship.

3.2 — Invoice Creation

For each completed job, EEK will create a buyer-created invoice containing your legal business name and GST number (if applicable), EEK's business details, job reference number and date of service, itemised breakdown of charges (Towing, Labour, Fuel Disposal, Fuel Replacement, Parts/Sundries), total amount including GST (if applicable), and the statement "This is a buyer-created tax invoice."

3.3 — Invoice Review & Disputes

You will receive each buyer-created invoice via email and through your supplier portal. You have 5 business days from the date of receipt to review and dispute any invoice. After this period, the invoice is deemed accepted.

3.4 — No Separate Invoicing

You agree NOT to issue your own invoices to EEK for work completed through this platform. All billing will be handled exclusively through the BCA system.

3.5 — GST Obligations

If you are GST registered, you remain responsible for your GST return obligations. EEK will include GST on buyer-created invoices only if you have provided a valid GST number. You must notify EEK immediately if your GST registration status changes.

3.6 — Invoice Submission on Job Reallocation

If a job is reallocated after you have performed work, you must submit your BCA invoice through the supplier portal before the job is closed by the subsequent supplier. Once closed, no further supplier invoices can be accepted. Failure to submit within this window constitutes a waiver of payment for the work performed.

3.7 — Record Retention

Both parties agree to retain copies of all buyer-created invoices for the legally required period (currently 7 years).

4.1 — General Payment Terms

• •Payment will be made within 14 business days of job completion and invoice acceptance
• •Any disputed amounts will be held pending resolution
• •EEK may offset amounts owed (including NZIFDA certification fees) against any sums due to the Supplier

4.2 — Labour Rate Schedule

The Supplier's labour rate is determined by the number of completed jobs through EEK. All rates are exclusive of GST. Maximum chargeable labour rate is $140.00 + GST per hour.

Standard hours are 7:00am–5:00pm. Work after 5:00pm is paid at 1.5× the applicable tier rate. Work on public holidays is paid at 2× the applicable tier rate.

4.3 — Towing

Suppliers may charge for towing at cost plus a maximum margin of 10%. Any towing charge exceeding cost + 10% will be adjusted by EEK without further notice.

4.4 — Parts, Filters, Freight & Sundries

Suppliers may charge for parts, filters, freight, and sundries at cost plus a maximum margin of 30%. EEK may request receipts to verify cost price at any time. Any margin exceeding 30% will be adjusted by EEK.

4.5 — Fuel Disposal

The fuel disposal fee must not exceed $25.00 + GST per job, regardless of the volume of contaminated fuel extracted. The Supplier is responsible for all disposal costs exceeding this amount.

4.6 — Fuel Replacement

Replacement fuel is subject to: (a) Maximum 30 litres — no more than 30 litres, regardless of tank capacity; (b) Maximum margin of 10% — charged at cost plus a maximum of 10%; (c) Any charge exceeding cost + 10% or for volume exceeding 30 litres will be adjusted by EEK.

4.7 — EEK Payment Authority

EEK retains the sole right to determine and process reasonable accounts rendered for all jobs. EEK may make reasonable adjustments to invoiced amounts where charges exceed the rates, margins, or scopes set out in these Terms. EEK's determination of what constitutes a reasonable account shall be final.

4.8 — Administrative Deduction

Where EEK is required to review, query, or adjust charges for non-compliance, EEK may deduct an administrative fee of up to $150.00 + GST per adjustment from the Supplier's payment.

4.9 — Rate Compliance

EEK reserves the sole and absolute right to adjust any charges that exceed the rates and margins set out in this section. Persistent overcharging may result in suspension or termination.

4.10 — Reasonable Accounts & Payment Cap

EEK shall only be obligated to pay the Supplier reasonable accounts rendered. All payments are capped at the amount actually collected from the customer, less EEK's administrative deduction. EEK shall not be liable for any shortfall between the Supplier's charges and the amount collected.

4.11 — Unpaid Customer Debts

Where a customer fails to pay, the outstanding debt may be referred back to the Supplier for direct collection. EEK has no obligation to facilitate such recovery.

4.12 — Setoff Rights

EEK reserves the right to set off any amounts owed by the Supplier to EEK (including warranty claims, damage costs, overpayments, penalties, liquidated damages, and enforcement costs) against any amounts payable to the Supplier. EEK will provide reasonable notice of any setoff applied.

4.13 — Payment Timing

EEK retains full authority over the timing and method of payment. Payments will be processed once EEK has received funds from the customer and completed all necessary reviews.

5.1 — Job Acceptance & Towing

Suppliers must:

• •Respond to job requests within 10 minutes during business hours
• •Arrange towing of the customer's vehicle to the Supplier's workshop — it is the Supplier's responsibility to organise and coordinate the tow
• •Communicate the expected tow and workshop timeline to the customer

5.2 — Workshop Standards

All remediation work must be performed at the Supplier's fixed workshop facility. Suppliers must:

• •Complete fuel extraction and remediation using NZIFDA-approved equipment and OEM specifications
• •Dispose of contaminated fuel in accordance with environmental regulations and NZIFDA requirements
• •Maintain a clean, safe, and compliant workshop environment
• •Provide accurate job completion data including litres extracted, tank capacity, contamination type, and engine start status

5.3 — Completion Timeline

Suppliers are expected to complete the job on the same day the vehicle arrives at the workshop, unless unforeseen complications arise or the job extends past standard operating hours. Where a job cannot be completed on the same day, the Supplier must notify EEK and the customer before close of business with an updated timeline.

5.4 — Communication

Suppliers must:

• •Communicate professionally with customers at all times
• •Update job status via the supplier portal at each milestone
• •Respond to EEK and its AI agents (SquEEK, Laura, Whitey, or any other AI agent) within 3 hours during business hours
• •Notify EEK immediately of any issues that may delay completion

5.5 — Vehicle Return

Upon completion, the Supplier must arrange return of the vehicle to the customer or an agreed location.

5.6 — Vehicle Retention & Unauthorised Release

The Supplier must NOT release the vehicle until EEK confirms that payment has been deposited to the Supplier's bank account. If the Supplier releases the vehicle without authorisation from EEK:

• •The Supplier assumes full responsibility for collecting payment directly from the customer
• •EEK shall have no obligation to pursue or guarantee payment on the Supplier's behalf
• •Any outstanding debt may be referred to the Supplier in accordance with Clause 4.11

The vehicle serves as the Supplier's security until payment is confirmed. Releasing it prematurely forfeits that security.

5.7 — Corrective Actions

Where EEK identifies defects or non-compliance in the Supplier's work, the Supplier must remedy the issue at its own cost within a timeframe directed by EEK. If the Supplier fails to remedy within the specified timeframe, EEK may engage another supplier and deduct the cost from amounts owing.

5.8 — Customer Disputes — Payment Withholding

Where a customer raises a formal dispute relating to the Supplier's work, EEK will activate its dispute resolution process. While a dispute is open, EEK may withhold all or part of the Supplier's payment up to the amount in dispute. If the dispute is resolved in the customer's favour, EEK may deduct the awarded amount from any amounts owing to the Supplier. The Supplier must co-operate fully with EEK's dispute resolution process, including providing records, photographs, and communications within 48 hours of request.

EEK uses an automated ranking system to allocate jobs to the most suitable Supplier based on a dynamic performance score.

6.1 — Ranking Factors

Your ranking score is a composite of:

• •Reliability (51%): Accepting jobs promptly increases your score. Declining jobs significantly reduces it.
• •Proximity (30%): Suppliers closer to the job's pickup location score higher. Only Suppliers within 100km are eligible.
• •Experience (19%): Suppliers with more completed jobs through EEK score higher.

6.2 — Job Assignment

When a new job is created, EEK's system automatically assigns the highest-ranked eligible Supplier in the area. If the assigned Supplier does not respond within the required timeframe, the job is escalated to the next-ranked Supplier.

6.3 — Decline Policy

Suppliers may decline jobs. However, each decline impacts your ranking score. Suppliers who frequently decline will receive fewer job allocations.

6.4 — Performance Reset

Rankings are cumulative. Accepting future jobs after a decline will gradually rebuild your score, but consistent reliability is rewarded over time.

7.1 — Insurance Requirements

Suppliers must maintain the following insurance at all times:

• •Public Liability Insurance: Minimum $5,000,000 cover
• •Professional Indemnity Insurance: Minimum $2,000,000 cover
• •Motor Vehicle Insurance: Comprehensive cover for all service vehicles
• •Workers Compensation: As required by law

Evidence of current insurance must be provided upon request. Insurance certificates must be renewed annually and copies provided to EEK within 14 days of renewal.

7.2 — NZIFDA Membership — Mandatory Requirement

All Suppliers must hold current, valid certification with the New Zealand Insoluble Fuel Disposal Agency (NZIFDA). NZIFDA certification is a non-negotiable requirement for all Suppliers providing misfuel recovery, fuel extraction, or related automotive remediation services through EEK.

Suppliers must meet and maintain all NZIFDA certification requirements, including:

• •Valid Dangerous Goods licence per the Dangerous Goods Act 1974
• •Compliant waste disposal procedures per Ministry for the Environment guidelines
• •Use of NZIFDA-approved extraction methods only (filler neck extraction is not certified)
• •Certified extraction equipment maintained to NZIFDA standards
• •Trained and qualified staff with current certifications
• •Complete documentation, tracking, and warranty systems
• •For Mobile Operators: individual vehicle assessment and annual recertification
• •Operation under a licensed Compliant Operator

7.3 — Registration & Membership Fees

EEK will register and manage NZIFDA certification on behalf of the Supplier as part of the onboarding process. The following apply to NZIFDA membership fees:

• •Initial Fee Deduction: The NZIFDA certification fee will be deducted from the Supplier's first job payment. By accepting these Terms, the Supplier irrevocably authorises this deduction.
• •Ongoing Renewal Fees: Where certification requires periodic renewal, the renewal fee will be deducted from the Supplier's job payments at EEK's discretion when due.
• •Insufficient Earnings: If the Supplier's job earnings are insufficient to cover the full membership fee, EEK may deduct the fee across multiple job payments. The outstanding balance remains a debt until fully paid.
• •No Refund of Fees: NZIFDA certification fees deducted by EEK are non-refundable, including where the Supplier voluntarily terminates.

7.4 — Consequences of Non-Membership or Lapsed Certification

If a Supplier does not hold current NZIFDA certification, or if their certification lapses, is suspended, or is revoked:

• •Immediate Suspension: The Supplier's account will be immediately suspended without prior notice.
• •Payment Withholding: EEK reserves the right to withhold payment for any work performed during a period in which the Supplier was not NZIFDA certified.
• •Indemnification: The Supplier shall indemnify and hold harmless EEK from all claims, losses, and expenses arising from services performed without valid certification.
• •Ongoing Obligation to Disclose: The Supplier must notify EEK in writing within 24 hours if their NZIFDA certification status changes for any reason.

7.5 — Verification

EEK reserves the right to verify Supplier certification status with NZIFDA at any time. By accepting these Terms, the Supplier authorises EEK to make such inquiries. Evidence of insurance and NZIFDA certification must be provided upon request within 5 business days.

8.1 — Customer Data

• •All customer information is confidential and must be used only for service delivery
• •Suppliers must not contact customers directly for marketing or future services
• •Customer data must be deleted upon job completion and payment receipt
• •Suppliers agree to comply with the Privacy Act 2020 (NZ)

8.2 — Billing & Commercial Confidentiality — STRICTLY CONFIDENTIAL

All financial arrangements between EEK and the Supplier are strictly confidential. The Supplier must not disclose any of the following to any customer, insurer, third party, or any other person or entity:

• •The rates, fees, or amounts paid or payable by EEK to the Supplier for any job
• •The rate schedule, tier structure, or any pricing terms set out in these Terms
• •The margin, markup, or difference between what EEK charges the customer and what EEK pays the Supplier
• •The existence or details of the BCA / self-billing arrangement
• •Any invoice, payment summary, remittance advice, or financial document issued by EEK to the Supplier
• •Any other commercial terms of the relationship between EEK and the Supplier

This obligation applies during the term of the supplier relationship and for a period of 3 years following its termination.

8.3 — Liquidated Damages for Billing Disclosure — PENALTY FOR BREACH

If the Supplier discloses, whether directly or indirectly, any billing information, rates, payment amounts, or commercial terms to any customer, insurer, or third party, the Supplier shall forfeit ALL outstanding amounts owed to the Supplier by EEK, including any pending job payments, accrued earnings, and any other sums due. This forfeiture constitutes liquidated damages and shall apply per breach.

• •Each disclosure to a separate person or in respect of a separate job constitutes a separate breach
• •EEK shall automatically withhold and forfeit all amounts owed to the Supplier upon becoming aware of the breach
• •Forfeiture does not limit EEK's right to seek additional damages, injunctive relief, or to terminate the Supplier's account

8.4 — Permitted Disclosures

Notwithstanding Section 8.2, the Supplier may disclose billing information only:

• •To the Supplier's own accountant, tax advisor, or legal counsel, provided they are bound by professional confidentiality
• •As required by law, regulation, or court order — the Supplier must notify EEK before making such disclosure (where legally permitted)
• •To the Inland Revenue Department in connection with the Supplier's own tax obligations

8.5 — Platform & System Confidentiality

The Supplier must not disclose, share screenshots of, or otherwise make available to any third party the contents of the supplier portal, internal communications with EEK or its AI agents, job allocation details, ranking scores, or any other information obtained through the EEK platform. All such information is proprietary and confidential to EEK.

9.1 — Non-Solicitation of Customers

Suppliers agree not to directly or indirectly solicit, contact, or accept work from customers introduced through EEK for a period of 2 years (24 months) following the initial service. This includes misfuel recovery, related mechanical services, and referrals to third parties.

9.2 — Customer Pricing

The Supplier must not quote, offer, or suggest to any customer that they could provide the same or similar service at a lower price than EEK charges.

9.3 — Non-Circumvention

The Supplier shall not, whether directly or through any agent or intermediary, circumvent EEK by engaging with any customer, insurer, assessor, or other party introduced through EEK's network for the purpose of securing work, payment, or commercial advantage outside of the EEK platform.

9.3A — Direct Customer Payment (Prohibited)

The Supplier must not accept, request, solicit, or retain any payment from the customer for work performed through EEK — whether in cash, bank transfer, card, or any other method. If a customer pays the Supplier directly, the Supplier must notify EEK within 2 hours, and remit the full amount received to EEK within 2 business days (unless EEK directs otherwise in writing). Customer payment to the Supplier does not reduce the customer's balance owing to EEK and does not create any obligation on EEK to pay the Supplier until EEK has collected from the customer.

9.3B — Anti-Collusion & Network Integrity

The Supplier must not collude with other contractors, towing operators, or workshops to undermine EEK, divert customers, share EEK customer or pricing information for competitive harm, or coordinate to damage EEK's business. Soliciting other EEK network suppliers to bypass the platform is a material breach entitling immediate stand-down, termination, and all available remedies.

9.4 — Non-Competition

During the term of this Agreement and for a period of 12 months following termination, the Supplier shall not establish, operate, or participate in any business that directly competes with EEK's fuel contamination remediation coordination services within the geographic areas served during the Supplier's engagement.

9.5 — Breach

Any breach of this section entitles EEK to the forfeiture of all outstanding amounts as specified in Section 8.3, in addition to any other remedies available at law or equity, including injunctive relief and immediate termination.

EEK is the Principal Repairer — You are the Subcontractor.

The customer appoints EEK as their Principal Repairer. You perform work as EEK's subcontractor. Your contractual relationship is with EEK — not with the customer or their insurer. All insurer dealings flow through EEK exclusively.

10.1 — Subcontractor Status

The Supplier performs all work as a subcontractor to EEK. EEK is the Principal Repairer appointed by the customer. The Supplier has no direct contractual relationship with the customer or the customer's insurer in respect of the work performed through EEK. All rights to payment for the work vest in EEK first; the Supplier's right to payment is solely from EEK under these Terms.

10.2 — No Direct Insurer Contact

The Supplier must not communicate directly with any insurer in connection with a job — including responding to insurer requests for information, assessments, quotes, or invoices — without EEK's prior written authorisation. If an insurer contacts the Supplier directly, the Supplier must decline to discuss the job, advise the insurer to contact EEK at eek.nz/claims/insurer-portal, and notify EEK of the contact within 2 hours.

Unauthorised disclosure to an insurer constitutes a breach of Section 8 and attracts the liquidated damages and forfeiture provisions in Section 8.3.

10.3 — No Direct Insurer Payment

The Supplier must not accept, request, or receive direct payment from any insurer for work performed through EEK. All payments must flow through EEK. Accepting direct insurer payment without EEK's written consent constitutes a breach and allows EEK to offset the amount received.

10.4 — No Undercutting EEK's Position

The Supplier must not take any action that undermines EEK's position as Principal Repairer, including:

• •Providing the insurer with an alternative quote or suggesting the work could be done for less
• •Agreeing with the insurer that the invoiced amount is excessive or unreasonable
• •Cooperating with an insurer's attempt to redirect the repair away from EEK
• •Releasing the vehicle to the insurer or to another repairer without EEK's written consent

10.5 — Insurance Report Sign-Off

Upon completion of a job, EEK generates an insurance report. Each Supplier involved must review and sign off on the portions of the report relating to their own work. By signing off, the Supplier confirms the accuracy of technical details, that attributed work was performed by them, and that attributed charges are correct.

10.6 — Multi-Supplier Jobs

Where a job involves more than one Supplier, each Supplier is responsible only for their own portion. No Supplier is held responsible for another Supplier's work.

10.7 — Review Period

Suppliers have 24 hours from report generation to review, sign off, or raise disputes. Failure to respond within 24 hours may result in the report being issued as-is.

11.1 — AI-First Platform

EEK is a fully automated, AI-first platform. All communications — including phone calls, SMS, portal messages, and email — are handled by AI systems. EEK's AI agents include:

• •SquEEK — text-based communications via SMS, email, and portal messaging
• •Laura — AI voice agent handling outbound and inbound phone calls
• •Whitey — AI voice agent handling inbound sales calls and booking enquiries

11.2 — Obligation to Engage

By accepting jobs through EEK, the Supplier agrees to engage constructively and in good faith with all EEK AI agents. The Supplier must:

• •Respond to AI agent inquiries within 3 hours during business hours
• •Provide accurate and complete information when requested
• •Engage with AI voice calls in the same professional manner as a human call
• •Not refuse to communicate with EEK solely because the communication is conducted by an AI agent

11.3 — Prohibited Conduct — AI Manipulation & Misuse

The Supplier must not engage in any of the following:

• •Manipulation: Deliberately attempting to mislead or manipulate any AI agent into generating false statements or commitments
• •Evidence Fabrication: Deliberately provoking or leading any AI agent to generate content to be used as evidence against EEK in any dispute, complaint, legal proceeding, or social media post
• •Entrapment: Engaging in bad faith questioning designed to elicit statements that do not reflect EEK's actual position
• •Impersonation: Misrepresenting identity or job details to any AI agent
• •Abuse: Directing abusive, threatening, or discriminatory language at any AI agent
• •System Interference: Attempting to reverse-engineer or exploit any AI agent

11.4 — Spam & Excessive Messaging

Where the Supplier sends excessive or unreasonably frequent messages to any AI agent, EEK reserves the right to reduce AI agent response frequency, limit communication to essential notifications, or require communication exclusively through the supplier portal.

11.5 — AI Statements — No Binding Commitments

Statements made by AI agents are provided for informational and coordination purposes only. AI agent communications do not constitute binding commitments, promises, admissions of liability, or variations to these Terms. Any binding commitment must be confirmed in writing by an authorised human representative of EEK.

11.6 — Recording & Monitoring

All AI agent interactions — including text messages, portal messages, and voice calls — are recorded, transcribed, and stored by EEK. These records may be used for quality assurance, dispute resolution, and legal proceedings. The Supplier consents to such recording and storage by engaging with EEK's AI agents.

11.7 — Consequences of Breach

Breach of any provision of this Section — including AI manipulation, evidence fabrication, abuse, or spam — constitutes a material breach and may result in immediate suspension or termination, forfeiture of outstanding amounts under Section 8.3, and any other remedies available at law.

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.

12.1 — Supplier Responsibility

The Supplier is solely responsible for the quality, safety, and compliance of all services provided through EEK. EEK acts as a coordination platform and does not supervise or direct the Supplier's work on-site.

12.2 — Indemnity

The Supplier shall indemnify, defend, and hold harmless EEK, its directors, officers, employees, agents, and AI systems from and against all claims, losses, damages, liabilities, costs, and expenses (including legal fees on a solicitor-client basis) arising from or in connection with:

• •The Supplier's performance or failure to perform services
• •Any defect in workmanship, materials, or goods supplied
• •Any breach of these Terms by the Supplier
• •Any negligent, reckless, or unlawful act or omission of the Supplier or its personnel
• •Any claim by a customer, insurer, or third party arising from the Supplier's work
• •Any personal injury, property damage, or environmental harm caused by the Supplier

12.3 — Limitation of EEK's Liability

EEK's total liability to the Supplier in respect of any claim arising under or in connection with these Terms shall not exceed the fees paid by EEK to the Supplier for the specific job giving rise to the claim. EEK shall not be liable for any indirect, consequential, incidental, or special damages, including loss of profit, loss of revenue, or loss of business opportunity.

12.4 — Survival

The indemnification obligations in this section survive termination or expiry of these Terms and continue indefinitely.

• •Either party may terminate with 30 days written notice
• •EEK may immediately terminate for breach of terms, unprofessional conduct, or customer complaints
• •Disclosure of billing information, rates, or commercial terms to any customer or third party (in breach of Section 8) constitutes grounds for immediate termination without notice
• •Upon termination, all pending payments will be processed within 30 days, subject to forfeiture of outstanding amounts under Section 8.3 or other deductions owed to EEK
• •The BCA arrangement terminates automatically upon supplier termination
• •Sections 8 (Confidentiality), 9 (Non-Competition), and 12 (Liability) survive termination

Any disputes will first be addressed through good-faith negotiation. If unresolved within 14 days, disputes will be referred to mediation. These terms are governed by New Zealand law, and courts of New Zealand have exclusive jurisdiction.

15.1 — Minimum Warranty Period

The Supplier warrants that all work performed through EEK is free from defects in workmanship and materials for a minimum period of 12 months from the date of completion, unless a longer period is required by law or agreed in writing.

15.2 — Scope of Warranty

• •The warranty covers all labour, parts, and materials supplied by the Supplier in connection with the job
• •The Supplier must rectify any defective work at no additional cost to the customer or EEK within a reasonable timeframe
• •If the Supplier fails to rectify defective work within 7 business days, EEK may engage an alternative supplier and recover all costs from the original Supplier

15.3 — Warranty Claims

Warranty claims may be initiated by the customer, EEK, or an insurer. The Supplier must respond to warranty claims within 48 hours and commence rectification work within 5 business days unless otherwise agreed with EEK.

15.4 — Full Liability & No Limitation

The Supplier bears full and unlimited responsibility for any loss, damage, injury, or consequential harm arising from its work, including defective workmanship, use of unsuitable materials, failure to follow OEM specifications, or negligence. The Supplier may not limit or exclude its liability to EEK, the customer, or any third party.

15.5 — Detailed Warranty Representations

The Supplier warrants that:

• •All work will be performed with due care, skill, and diligence in accordance with industry best practices
• •All goods and materials supplied will be of merchantable quality, fit for purpose, and free from defects
• •All services will comply with applicable New Zealand laws, regulations, and standards, including the Consumer Guarantees Act 1993
• •All personnel engaged by the Supplier are appropriately qualified, licensed, and competent to perform the work

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

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 shown on EEK insurance reports and completion certificates for work the Supplier performed, consistent with Customer Terms {{T:5.10}}.

Where a covered failure occurs within 12 months of service completion — 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. The Supplier must:

• •(a) Accept EEK's warranty notification within 7 business days and cooperate fully with any PI claim EEK submits on the customer's behalf
• •(b) Maintain professional indemnity insurance of at least NZD $2,000,000 at all times and provide PI claim references on request
• •(c) Allow repair or replacement through the PI claim at no cost to the customer — EEK co-ordinates; the Supplier does not bill the customer directly for covered warranty work
• •(d) Not dispute or obstruct a valid warranty notification except on grounds permitted under Customer Terms {{T:5.10}}

If the Supplier does not cooperate within 7 business days, EEK may engage an alternative supplier and recover costs through the PI claim and/or set-off. This obligation survives termination for the full 12-month warranty period applicable to every job completed while engaged. Submitting a buyer-created invoice constitutes acknowledgment of this clause for that booking.

16.1 — Ownership of Materials

All materials, parts, and goods supplied by the Supplier for a job shall become the property of the customer upon installation or incorporation into the vehicle, unless otherwise agreed in writing.

16.2 — Quality of Materials

The Supplier must use materials and parts that are fit for purpose, of merchantable quality, and comply with all applicable New Zealand standards and manufacturer specifications. The use of counterfeit, substandard, or non-compliant materials is strictly prohibited.

16.3 — Contaminated Fuel

All contaminated fuel extracted during a remediation job remains the responsibility of the Supplier for proper disposal. The Supplier must dispose of contaminated fuel in accordance with all applicable environmental regulations, NZIFDA requirements, and Ministry for the Environment guidelines. The Supplier must maintain records of disposal for a minimum of 7 years.

All intellectual property rights in the EEK platform, branding, systems, processes, software, documentation, and communications remain the exclusive property of EEK. The Supplier must not:

• •Use EEK's name, logo, or branding without prior written consent
• •Copy, reverse-engineer, or create derivative works from EEK's platform or systems
• •Claim or represent themselves as EEK or as agents of EEK to any third party
• •Use any data, reports, or materials generated through the platform for any purpose other than fulfilling EEK jobs
• •Copy, reproduce, publish, or train third parties using the EEK Procedure Standard (EPS) or portal attestation workflows

18.1 — Privacy Act Compliance

The Supplier must comply with the Privacy Act 2020 (NZ) and all applicable data protection legislation in relation to any personal information obtained through EEK or in connection with EEK jobs.

18.2 — Data Handling

• •Customer personal information must only be used for the purpose of performing the job
• •Customer data must be stored securely and deleted within 30 days of job completion and final payment
• •The Supplier must not transfer customer data to any third party without EEK's written consent
• •The Supplier must notify EEK immediately of any actual or suspected data breach involving customer information

18.3 — Data Retention for Legal Purposes

Notwithstanding 18.2, the Supplier may retain customer data where required by law or for the purpose of defending legal claims. Such retained data must be stored securely and used only for the specified legal purpose.

The Supplier agrees to:

• •Act in good faith in all dealings with EEK, customers, and other suppliers
• •Not make disparaging remarks about EEK, its staff, systems, or other suppliers
• •Participate in reasonable quality improvement initiatives and training as requested by EEK
• •Provide feedback and raise concerns through proper channels (supplier portal or direct contact)
• •Cooperate with EEK's quality assurance processes, including customer satisfaction surveys and complaint investigations

The Supplier must at all times comply with all applicable laws, regulations, codes, and standards in New Zealand, including but not limited to:

• •The Health and Safety at Work Act 2015
• •The Dangerous Goods Act 1974 and associated regulations
• •Environmental protection legislation including the Resource Management Act 1991
• •The Consumer Guarantees Act 1993 (where applicable)
• •The Fair Trading Act 1986
• •The Privacy Act 2020
• •All applicable building, electrical, and vehicle safety codes
• •NZIFDA certification requirements and industry standards

20.1 — Ethical Conduct

The Supplier must conduct all business in an ethical, honest, and transparent manner. The Supplier shall not engage in any conduct that may bring EEK, its brand, or its network into disrepute. This includes fraud, bribery, corruption, misrepresentation, or unfair business practices.

20.2 — Modern Slavery & Labour Practices

The Supplier warrants that it does not engage in, support, or tolerate modern slavery, forced labour, child labour, or human trafficking in any part of its operations or supply chain. The Supplier must comply with all applicable labour laws and ensure fair, safe, and lawful working conditions for all personnel.

21.1 — Right of Audit

EEK reserves the right to audit the Supplier's records, processes, and facilities at any time with reasonable notice. Audits may cover compliance with these Terms, quality of work, insurance and certification status, health and safety, and financial records related to EEK jobs.

21.2 — Record Retention

The Supplier must maintain complete and accurate records for each EEK job for a minimum of 7 years from the date of job completion, including:

• •Service records, including work performed, parts used, and time spent
• •Receipts and invoices for all parts, materials, and third-party services (e.g. towing)
• •Fuel disposal records and certificates
• •Photographs or video documentation of work performed (where taken)
• •Customer communications (where retained in compliance with Section 18)

21.3 — Cooperation

The Supplier must cooperate fully with any audit conducted by EEK and provide all requested records within 5 business days of the request. Failure to cooperate with an audit may result in suspension of the Supplier's account pending resolution.

22.1 — Entire Agreement

These Terms, together with any schedules, amendments, or policies referred to herein, constitute the entire agreement between EEK and the Supplier in relation to the supply of services through the EEK platform.

22.2 — Severability

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

22.3 — Waiver

No failure or delay by EEK in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be in writing and signed by EEK.

22.4 — Assignment

The Supplier may not assign or transfer any rights or obligations under these Terms without EEK's prior written consent. EEK may assign these Terms in whole or in part to any successor entity or related company.

22.5 — Force Majeure

Neither party shall be liable for failure to perform obligations where such failure results from events beyond reasonable control, including natural disasters, severe weather, government action, or civil emergency. The affected party must notify the other party as soon as practicable.

22.6 — Governing Law

These Terms are governed by the laws of New Zealand. The courts of New Zealand shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms.

22.7 — Right to Amend

EEK reserves the right to amend, update, or replace these Terms at any time. Continued participation in the EEK network or acceptance of jobs after the publication of amended terms constitutes acceptance of the amended terms.

22.8 — Supersedes Prior Agreements

This Agreement supersedes and replaces all prior agreements, arrangements, undertakings, representations, warranties, and understandings between the parties.

22.9 — Independent Contractors

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between EEK and the Supplier. The Supplier is at all times an independent contractor and is responsible for its own tax obligations, ACC levies, insurance, and employment-related matters.

23.1 — Cessation of Work

Upon receiving notification from EEK that a job has been cancelled, the Supplier must immediately cease all work on that job. The Supplier must not incur any further costs or obligations in relation to the cancelled job after receiving cancellation notification.

23.2 — Cancellation Fee Cap

Where a Supplier has been allocated to a job and the job is subsequently cancelled, the Supplier may submit a cancellation fee via the supplier portal. The cancellation fee is capped at a maximum of $500 (NZD) inclusive of GST (if applicable). This fee must reflect only the actual costs incurred by the Supplier prior to the cancellation notification.

23.3 — Costs Exceeding Cap

Where the Supplier's actual costs incurred prior to cancellation exceed $500, the Supplier acknowledges that any amount above $500 is not recoverable from EEK. The Supplier may, at its own cost and risk, seek to recover such excess costs directly from the customer. EEK has no involvement in, liability for, or obligation to facilitate such recovery.

23.4 — Invoicing After Cancellation

The Supplier must not submit a full BCA invoice for a cancelled job. Only the cancellation fee (subject to the cap in 23.2) may be submitted.

23.5 — No Obligation

EEK reserves the right to cancel any job at any time prior to completion. Cancellation does not give rise to any claim by the Supplier against EEK other than the capped cancellation fee specified in this section.

Forman Pacific, LLC ("EEK Mechanical")

Suite 305, 131 Continental Drive

Newark, DE 19713

United States

Phone (suppliers): 09 872 4612

Web: www.eek.nz

25.1 — Mandatory Compliance Standards

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 and Policies §19 (Contractor Operational Procedures) at eek.nz/policies#19 and eek.nz/supplier-requirements
• •(c) NZIFDA standards and certification requirements (Section 7)

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 unrecorded direct 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, administration, and any repeat inspection.

25.3 — EEK Determination of Costs

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. EEK's written determination is final and binding for set-off purposes. The Supplier may not withhold, delay, or offset payment by disputing the quantum — any challenge is limited to a separate claim after set-off has been applied.

25.4 — Set-Off Against Supplier Payments

All amounts the Supplier owes EEK under this Section 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, suspension of portal access, and withholding of payments pending investigation — without prejudice to EEK's other rights.

25.6 — Portal Acceptance Record

Toggling OEM Spec and EEK Procedure Standard (EPS) acceptance on a job in the supplier portal constitutes an additional per-job acknowledgment of this Section for that booking.

26.1 — Right to Investigate

EEK may investigate Supplier performance, quality, billing, safety, and customer complaints at any time. EEK may appoint licensed investigators, technical auditors, or other professionals to assist.

26.2 — Contractual Cooperation

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, and CCTV where available
• •(c) Prompt written responses to EEK information requests within 48 hours

Investigators operate under this agreement — not independent statutory power. 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.

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 — 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. Portal acceptance records (OEM toggle, procedure acceptance, timestamps) prevail over Supplier assertions unless the Supplier produces contemporaneous documentary evidence.

28.1 — Definition

Directed Work means vehicle recovery, repair, or related technical services that EEK instructs an authorised contractor workshop to perform on EEK's behalf under an EEK job or dispatch reference, EEK procedures, and reporting requirements.

28.2 — Contractor Relationship

The contractor is an independent workshop engaged by EEK. Unless EEK authorises otherwise in writing, the contractor does not contract directly with the customer for Directed Work.

28.3 — Scope and Procedures

Perform work only within the scope, procedure, and authorisation issued by EEK for that job. Follow current EEK technical procedures (including contamination recovery procedures) and complete all verification and escalation steps before reporting completion.

28.4 — Reporting

Provide initial assessment details, completion reporting against the job record, and prompt notification of escalation, abnormal findings, or inability to complete within authorised scope.

29.1 — Payment Entity

All payments to Contractors and Suppliers are made by Forman Pacific, LLC (EIN 36-5163646), Suite 305, 131 Continental Drive, Newark, DE 19713, United States — the legal entity that operates EEK Mechanical. Section 4 governs rates; this Section governs payment method and conditions.

29.2 — Payment Method — International Wire or Card

Contractor and Supplier payments are made by either: (a) international wire transfer to the Contractor's nominated NZ bank account, processed via Mercury Financial LLC from Forman Pacific's US banking account; or (b) card payment to a nominated debit or credit card, subject to EEK approval. EEK reserves the right to determine the payment method where no method has been agreed in writing.

29.3 — Processing Times

EEK does not control and accepts no responsibility for the processing times of international wire transfers or card payments once initiated. International wires may take 1–5 business days to clear. Payment is deemed made by EEK on the date the transfer is initiated, not the date funds are received.

29.4 — Bank and Processing Fees

The Contractor's receiving bank or card issuer may impose fees or deductions in connection with receipt of payment. EEK does not reimburse, compensate, or gross up for any such fees, regardless of their amount or origin. It is the Contractor's responsibility to account for any charges their bank or card issuer may apply.

29.5 — Bank Setup Requirement

To receive payment by international wire, Contractors must complete the one-time bank account setup at bank.formanpacific.cloud/setup/supplier-payout. EEK is not liable for delays arising from incomplete or inaccurate bank setup. Where setup has not been completed within 30 days of the link being sent, EEK may hold payment pending completion.

29.6 — No Domestic NZ Bank Transfer or Cheque

EEK does not make supplier or contractor payments by NZ domestic bank transfer or cheque. All payments are made exclusively by the methods in §29.2.