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(a) “Company” means Fuelchief Limited and includes all lawful assigns and successors. (b) “Goods” means the goods being built and supplied by the Company to the Customer pursuant to this agreement. (c) “Customer” means the purchaser of the Goods and as named on the preceding page. (d) “Drawings” means the drawings of the Goods to be built attached this agreement and initialled by the Customer. (e) “Specifications” means the written document describing the Goods attached to this agreement and initialled by the Customer. (f) “Price” means the price of the Goods set out in the quote. (g) “Works” means the works required by the Company to complete the Goods.
The Customer shall pay the Company a deposit of 50% of the inclusive Price upon its representative accepting quote, initialling drawings and specifications, and the balance within 5 working days of receiving notification from the Company that the Goods are available for collection. Full payment is to be made prior to collection or delivery of goods. Deposit payment & tank drawing sign-off must be completed within 30 days of order confirmation or pricing may be subject to change. In the event of termination by the Customer, any deposit paid shall be non-refundable, and the Company reserves the right to retain such deposit as liquidated damages.
Without prejudice to any other of its rights, the Company shall be entitled to charge interest at the rate of 18% per annum on all overdue moneys. Interest shall compound monthly on the 20th day of each month.
(a) The Customer and the directors and shareholders of the Customer (if a company) authorise any person, company or organisation to provide the Company with such information as the Company may require in response to the Company’s credit enquiries. Any information obtained by the Company under this clause will be confined to that reasonably required by the Company.
(b) The Customer and the directors and shareholders of the Customer (if a company) authorise the Company to furnish any third party with details of this agreement and any subsequent dealings that the Company may have had with the Customer or its directors and shareholders (if a company). The third party may supply such information to any other person, company or organisation for their use. Any disclosure made by the Company under this clause will be confined to that reasonably required by the third party.
(c) Under the Privacy Act 1993 the Customer and the Guarantor have the right of access to and correction of their personal information held by the Company.
Should the Company or its representatives enter into discussions with the Customer regarding compliance with New Zealand legislative requirements, regulations, codes of practice, or any other statutory provisions relating to the installation of fuel tanks and/or their accessories, these discussions will be opinion only and not be held as recommendations. The Company accepts no liability for any decision made by the Customer as a result of those discussions and the Company advises the Customer to seek qualified independent advice on all statutory and regulatory matters.
(a) The Goods are to be collected by the Customer from the Company’s Christchurch manufacturing plant at Lot 15, Innovation Park, 185 Kirk Rd, Templeton, Christchurch. The Company may at its discretion, arrange for the delivery of the Goods to the Customer’s nominated address on the basis that freight and cartage costs, together with the Company’s handling fee, will be paid in addition to the Price prior to delivery being made.
(b) If the Customer does not collect the goods within 5 working days of receiving notification from the Company that the goods are available for collection or arrange delivery with the Company, then the Customer shall pay in addition to any other amounts required under this agreement, a storage charge of $50.00 dollars per day. This does not apply if the company and customer have agreed in writing to other arrangements. This charge, and any other sums owing will need to be paid prior to any collection or delivery being made.
(c) The Goods may not be collected and / or delivered till such time as all amounts owing under this Agreement are paid. The Goods also remain the property of the Company till such time as all payments are made.
If any time for delivery is stated at time of order, such time shall be approximate only and shall not be deemed to be the essence of the agreement.
The Price at the date of this agreement shall be subject to later adjustments for substitutions and variations.
The Customer warrants to be able to pay the Price and has arranged its financial affairs to enable it to meet the payments required under this agreement.
The Company shall commence the Works as soon as practical after the deposit has been paid and proceed to carry out the Works with all reasonable diligence and expedition. Where a time period for completion has been quoted, this period does not commence until the deposit has been paid.
From commencement of the Works to completion the Company shall keep in full sufficient insurance to keep the Works insured. If the Goods are not collected by the Customer within 5 working days of receiving notification from the Company that the Goods are available for collection or arrangements made for delivery of the Goods, then the Goods will be stored at the shall be stored at the Company’s manufacturing plant at the risk of the Customer, unless alternative arrangements are made with the Company.
If any discrepancy or conflict between the Drawings and the Specifications appears the Specifications shall prevail and figure dimensions shall prevail over scale dimensions.
If any material or arrangement or process required by the Drawings and Specifications is or becomes incomparable or prohibited by law, the Company may substitute another reasonable equivalent material, arrangement or process with appropriate adjustment of the Price. All such substitutions shall be subject to the prior approval of the Customer which shall not be unreasonably withheld.
The Company may make any reasonable variation to the Works which may be ordered by the Customer in writing. However, the Company shall not be obliged to make any variation to increase the Price unless the Company is satisfied that the Customer is able to pay such increased Price.
A Standard Warranty is issued following the supply of product. Details are available on request.
If the Customer ceases to have full legal control of its affairs and the person acquiring control of those affairs cannot continue to satisfy the Company that the person will complete the agreement then the Company may exercise any rights to which it would be entitled to if the Customer refused to complete the agreement.
(a) Notwithstanding anything in this clause 16 or contained elsewhere in the agreement, the liability of the Company, whether in contract or pursuant to any cancellation of any contract or in tort, in respect of all claims for loss, damage or injury arising from breach of any of the Company’s obligations arising under or in connection with the agreement, from any cancellation of the agreement or from any negligence on the part of the Company, its servants, agents or contractors shall not, in aggregate, exceed the Price.
(b) Save as to warrant that the goods are in first class condition at the time of dispatch from the Company’s yard, the Company accepts no responsibility for any claim howsoever arising relating to the quality.
The Customer shall be immediately liable for all costs of collection (including legal costs as between solicitor and client) of and incidental to the enforcement or attempted enforcement of the Company’s rights, remedies and powers under this agreement.
If at any time the Company does not enforce any of these terms or grant the Customer time, or other indulgence, the Company will not be construed as having waived that term or its rights to later enforce that or any other term.
If any portion(s) of this agreement is/are deemed to be invalid, illegal or unenforceable the remaining provisions shall remain in full force and effect.
All amounts under this agreement are in New Zealand dollars unless otherwise stated in the quote
This agreement will be governed by New Zealand law and the Customer agrees to submit to the exclusive jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
