Terms and Conditions of Trade
1. QUOTE ACCEPTANCE
The quotation may be withdrawn or amended by the company at any time before acceptance and shall otherwise automatically lapse if not accepted within 60 days from the quotation date. A contract between the company and the Buyer (the parties) commences when the Company receives written acceptance of the quotation from the Buyer. These conditions of sale shall apply to all orders for the company’s goods or services made by the buyer after the date & time these conditions are first provided to the Buyer and accordingly any order made by the Buyers after such time shall be deemed to be an acceptance of these Conditions of Sale. In the event of any conflict these conditions of sale shall prevail, any contract and all matters arising in connection with it shall be governed by New Zealand law and the exclusive jurisdiction of the courts of New Zealand.
2. Construction Contracts Act 2002
The company shall be entitled to exercise any or all powers available under the above Act including suspension of work, adjudication and seeking charging orders. Where work is suspended the Company shall be entitled to recover the actual costs incurred as a result of such suspension (including, but not limited to costs for long time, removing & returning to site).
3. Consumer Guarantees Act
Where the Buyer is acquiring the goods or services for business purposes, the Buyer acknowledges that the guarantees provided under the Consumer Guarantees Act do not apply. The Buyer shall not do any act or make any omission which might give rise to any liability on the part of the Buyer and /or the Company under the Consumer Guarantees Act 1993. The Buyer shall not make any representation or give any guarantee or warranty in relation to goods or services supplied nor shall the Buyer hold itself out as agent or servant of the company to any third party. The Buyer shall indemnify company in respect of any liability incurred as a result of the breach of this clause.
References to the company are to the party providing this quotation, (as listed on the letterhead overleaf or any attached quotation). References to the Buyer are to the person or entity to who the quotation is addressed.
The company shall not be liable for any delay in delivery or installation resulting from actions beyond the company’s reasonable control. If any delay is a result of any act by the Buyer, the Company may, without prejudice to its other rights & remedies, require payment from the Buyer for any installations already undertaken and terminate the contract.
The Buyer shall not make any representation or warranty to any third party concerning the condition or performance of materials supplied other than as is expressly stated by or permitted in the company’s published literature
7. Installations/Access/Clean up
Where the contact provides for installation of the goods, the Buyer is responsible to provide: Premises in safe & proper condition suitable for the installation to proceed; suitable all weather vehicle & equipment access to the site; accessible manhole access to all roof or floor cavities. If access to roof and under floor requires cleaning or moving items, per hour charges are calculated at $100. All care is taken when moving items. However, the company shall not be liable for any damages as a result of having to move items.
8. Invoicing & Terms of Payment
The Buyer can pay invoice in two payments as stated or one payment on 30th of following month after completion of work, the installation can be carried on buyer suitable time but only on working days. The amount unpaid on due date of invoice will incur late payment fees and collection costs.