terms & conditions of trade
1.1. "Company" shall mean MID CANTERBURY FENCING LTD and any company, which is directly or indirectly a subsidiary of MID CANTERBURY FENCING LTD and any duly authorised agent.
1.2. "Client" shall mean the person, authorised agent or legal entity described in the application, or stated on the invoice or order form, buying goods and/or services from MID CANTERBURY FENCING LTD.
1.3. "Services" shall mean all services supplied by the Company to the Client and includes any recommendations or advice.
1.4. "Price" shall mean the purchase price of the goods, services and any other costs
2.1. Any instructions received by the Company from the Client for the supply of services shall constitute acceptance of the terms and conditions contained herein.
2.2. No agent or representative of the Company is permitted to make any such agreements, representations, conditions or warranties not expressly confirmed by the Company in writing.
3. PRIVACY ACT 1993
3.1. The Client permits the Company to collect, use and retain any information concerning the Client, for the purpose of assessing the Client’s credit worthiness, to enforce any rights under this contract, or the marketing of any services provided by the Company to any other party.
3.2. The Client permits the Company to disclose information obtained to any person for the purposes set out in clause 3.1.
4. PAYMENT TERMS
4.1. Payment terms will be stated on each invoice. Accounts are strictly to be paid in full on the 20th of the month following the date of invoice.
4.2. The Company reserves the right to request payment for any services prior to commencement of works.
4.3. If full payment for any services is not made to the Company by the due date for payment, then the Client shall be in default and the Client shall at the Company’s discretion (and without affecting any other right the Company may have), pay default penalty interest at the rate of 15% per annum calculated on a daily basis.
4.4. The Client shall also be liable to pay all expenses and costs (including legal costs as between solicitor and Client) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay.
4.5. During any period of time while the Client is in default on any account with the Company, the Company may suspend or withhold the provision of services.
4.6. Any overdue account can be forwarded to a debt collection company such information will be loaded on their database and that information may be provided to a third party such as but not limited to credit reference companies who may provide credit default information to other parties
4.7. An administration fee of the greater amount of $25.00 or 10% of the amount overdue will be charged on any overdue accounts.
5.1. Prices unless otherwise stated, do not include goods and services tax, other taxes, levies or tariffs, freight or insurance charges, which if applicable, will be an extra charge to the Client.
5.2. The Company’s prices are subject to alteration without notice and the price payable by the Client for the goods and services ordered shall be the price current at the date the goods and services are received by the Client.
6. QUOTED WORK
6.1. Quotations are valid for 30 days from the date of quotation unless otherwise stated.
6.2. Prices current at the date of quote are subject to alteration after 30 days.
6.3. Quotations exclude Goods and Services Tax, unless otherwise stated.
6.4. Any quotes provided by the Company for the Client are based on the cost at quotation date of materials, labour, insurance, taxes and other cost items over which the Company has no control. Any increase in price caused by these factors will be added to the price and become payable by the Client unless the Company has agreed in writing to waive this provision.
6.5. Any quotes issued by the Company affected by any price variations may require a price review, and increases caused by these variations may be passed on to the Client.
6.6. Any materials purchased will be charged to the Client at the end of the month of purchase and payment shall be due as per the payment terms stated above.
6.7. Quotations are inclusive of travel time and travel costs.
7. LIMITATION OF LIABILITY
7.1. The Company shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of the Company’s obligation under this contract or in tort.
7.2. Where the Company is liable to the Client, the maximum cost of any liability shall not exceed the value of the goods or services provided by the Company to the Client.
7.3. The Company’s liability for any loss (including consequential loss & loss of profits), damage or expense arising out of the services provided is limited at the Company’s option, to either:
· re-do any part of the work which the Client is entitled to reject; or
· refund the price of the work which the Client is entitled to reject.
· the Company will not be liable in any event if:
· the work has been altered or repaired by any person other than the Company.
· In any event, the Company will not be liable in respect of any claim unless the claim is notified to the Company within:
· 14 days of completion of the work; and
· days of the alleged defect becoming apparent; and
· the Company is given a reasonable opportunity to investigate the claim.
8. FORCE MAJEURE
8.1. The Company shall not be liable for failure or delay to perform its obligations if the delay or failure is beyond its control.
9. CONSUMER GUARANTEES ACT 1993
9.1. The guarantees contained in the Consumer Guarantees Act 1993 are excluded if the Client acquires goods or services from the Company for the purposes of a business.
9.2. If the Client on sells the goods to a third party, the Client shall indemnify the Company for any losses incurred due to third party claims against the Company.
10. COMPANY’S PRODUCTS
10.1. Where property of the Company is stored at the Client site for use, it is only for the use of the Company employees, any cost for consequential damage / loss to the Company property resulting from use by Sub-Contractors of or by the Client will be the responsibility of the Client.
11. HEALTH AND SAFETY
11.1. Any employees or sub-contractors contracted to the Company are required to comply with the Company’s Health and Safety Policies and Procedures. This is available for review on request.
12.1. In the event that any part of an invoice is disputed the amount not in dispute will be paid promptly in accordance with the payment terms. Thereafter, the parties agree to use their best endeavours to promptly resolve any dispute of difference between them and the Company may, at its discretion, require the Client to submit to mediation with the assistance of a qualified mediator.
12.2. The Client must advise the Company of any dispute relating to their invoice within 7 days of receiving the invoice.
13.1. Failure by the Company to enforce any of the terms & conditions contained in this contract shall not be deemed to be a waiver of any of the rights the Company has in this contract and is not liable for any indirect loss or expense to the Client.
14.1. The contract shall in all respects be deemed to be a contract made in New Zealand and New Zealand law shall govern the validity, construction and performance of the contract.
15.1. The Client shall not assign all or any of its rights or obligations under this contract.
16. SUSPENSION, CANCELLATION OR ALTERATION
16.1. If the Client requests suspension or cancellation of the work or supply of goods, the Company may increase the agreed price to cover any resulting extra expense should this apply or out of pocket expenses.
16.2. Four weeks written notice is to be given by the Client to the Company in the event of suspending or cancelling contracted regular services. The Company will give the Client two weeks written notice of the intention to cancel contracted services; however immediate suspension or cancellation of a contract by the Company may result if default of payment for goods and services by the Client occurs.
16.3. Where the Client requires a change in services by the Company, they will contact the Company Office directly with reasonable notice so that the Company may arrange changes as required with the Company employees, alteration to services required is not to be made with the Company employees directly by the Client. The Company reserves the right to recover costs relating to changes, including but not limited to staff wages of affected employees.
17. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
17.1. If the Client is a company or trust, the director(s) or trustee(s) agree, in consideration for the Company agreeing to supply services and credit to the Client at their request, that in their personal capacity and jointly and severally personally undertake as principal debtors to the Company, the payment of any and all monies now or hereafter owed by the Client to the Company and indemnify the Company against non-payment by the Client. Any personal liability hereto shall not exclude the Client in any way whatsoever from the liabilities and obligations contained in this contract. The individual and Client shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
18.1. If anything in this agreement is unenforceable, illegal or void it is severed and the rest of this agreement remains in force.
18.2. The Client may not claim any counter claim or set-off against any payments due by it to the Company.
18.3. Under no circumstances shall the liability of the Company exceed the price of the goods in the event of a breach of this contract.
18.4. The Company may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
18.5. The Company reserves the right to review and change these terms and conditions at any time and will notify the Client of this in writing at which time the changes will take effect.