Unless other payment terms are agreed by the Company in writing, the Customer shall pay the Company a deposit of 30% 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. Unless otherwise agreed, full payment is to be made prior to collection or delivery of Goods.
Unless otherwise agreed any quote given by the Company for Goods shall be valid for 30 days from the date of issue.
Without prejudice to any other of its rights, the Company shall be entitled to charge interest at the rate of 1.5% per month on all overdue moneys. Interest shall compound monthly on the 20th day of each month.
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.
The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, bylaws or rules having the force of law in connection with the installation and operation of the Goods.
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. Where the Company has agreed to extend credit to the Customer, the Company may, from time to time at its discretion, vary the Customer’s credit limit. If a purchase of Goods would exceed the Customer’s current credit limit, the Company may require payment in cash of the excess before their delivery or collection.
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.
The Customer acknowledges the Company’s ownership of all intellectual property rights in the Goods and the manufacturing processes used by the Company in manufacturing the Goods. The Company does not transfer to the Customer any right, title or interest in any intellectual property rights or in relating to the Goods or its manufacturing processes.
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.
The Company warrants that the Goods will comply with the terms of the warranty applicable to the particular Goods. Such terms will be provided at the time of supply and may be published on the Company’s website. The Company reserves the right to vary the terms of any warranty from time to time by publishing revised terms on its website.
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.
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.