Terms and Conditions of Sale
PROPERTY SOLUTIONS (Nelson) 2005 LIMITED
The terms and conditions upon which Property Solutions (Nelson) 2005 Limited (hereafter referred to as PS) shall supply goods and services to you (hereafter referred to as “the applicant”) are set out as follows. These terms form part of every contract that applicants have with PS. No employee or representative of PS is authorised to make any representation which conflicts with these terms without confirmation in writing by a director of PS.
1. PAYMENTS AND ACCOUNTS
- The applicant will pay PS for all goods and services supplied, or any other monies due hereunder, on or before the 20th of the month following delivery or as otherwise stipulated by PS in any written quotation or estimate.
- In the event of the applicant failing to make payment as set out above, the applicant shall pay interest on the monies due at 2% above the overdraft rate charged to PS by its banker, together with any costs, including solicitors' fees, incurred by PS in recovery or attempted recovery of any monies so due.
- The applicant shall not be entitled to set off any sum or counterclaim against any amount due to PS for the goods and services supplied.
2. EXCLUSION OF LIABILITY
- PS and its employees, agents and subcontractors shall not be liable in contract, tort, under statute or otherwise for any loss or economic loss howsoever arising which is caused, contributed to, or was attributable to any defects or any negligent act or omission on the part of PS or its employees, agents and/or subcontractors except to an amount strictly limited in respect of all goods and services supplied by PS whether under this contract or otherwise to a total sum of the value invoiced for the goods and services or to a total sum of $1,000.00 (whichever is the lesser) but subject to the provisions of the Consumer Guarantees Act 1993 to the extent that it applies.
3. CONSUMER GUARANTEES ACT 1993
- It is acknowledged that where an applicant is acquiring the goods and/or services for the purpose of a business, the applicant and PS agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to the supply of goods and/or services by PS to such business applicants.
- PS shall not be responsible or liable in any way to the applicant for delays or defaults in delivery of an order in any part or for any direct or consequential loss or damage arising therefrom.
- All delivery expenses of goods supplied are at the applicant's cost, unless otherwise specified.
5. RISK AND RESERVATION OF TITLE
- The risk in any goods supplied by PS shall pass to the applicant upon those goods being incorporated in works by PS on the applicant’s behalf or otherwise delivered to the applicant or to any site on which PS is working for the applicant.
- Title and property in any goods and services supplied by PS shall remain with PS until the applicant has paid in full for the goods and services supplied.
- Until paid for, any goods supplies are held by the applicant as bailee and as agent for PS.
- Where the goods or any part of them are completely or partly attached to any other equipment or structure, PS may nonetheless disconnect, uplift and remove the goods.
- In the event that goods supplied have been incorporated or changed into any other product ("altered product") the applicant agrees that title and property in the altered product shall vest in PS until the applicant has paid in full for the goods supplied.
- The applicant irrevocably grants PS a licence to enter on to any premises occupied by the applicant without notice and search for and remove any unpaid goods or altered products.
- If any goods are sold by the applicant prior to payment of the full amount, PS’s portion of the sale price which is due to PS shall be the property of PS. That amount shall be held by the applicant on trust for and on account of PS.
- Goods which are stored by PS for the applicant shall be entirely at the risk of the applicant in all respects.
- The applicant agrees that PS shall be entitled to register PS’s interest in goods supplied to the applicant but not paid for in full (including its interest in altered goods) on the Personal Property Securities Register.
- PS shall be entitled to add to any quotation issued, all increases notified to PS including increases:
i. Due to tariffs, duties, imposts or other government charges imposed on goods and services supplied.
ii. Due to overseas freight charges.
iii. Due to exchange rate fluctuations.
iv. By any other supplier after the date of the quotation.
- Unless otherwise stated, all quotations are GST exclusive.
7. ADDRESS FOR SERVICE OF NOTICES
- Any notice or demand given by PS to the applicant may be served by PS posting such notice to the applicant's registered office or place of business as advised by the applicant in the application for credit account facilities, or at its normal place of business.
PS warrants that subject to the limitation of liability in clause 2.a it will repair any defects in its workmanship within 3 months of the completion of the work involved.
- No claim will be available under this warranty unless written notice of the claim is received by PS as soon as reasonably possible after the defect is discovered nor will any claim be available if the defective work has been modified or incorrectly maintained, installed or operated and that is the cause of the defect.
- This warranty does not apply to any defective goods or components not supplied or manufactured by PS and no warranties are given by PS in respect of such goods or components. In the case where the manufacturer or supplier of any such goods or components provides any warranty, then PS (to the extent that it is able to do so) will make such warranty available to the applicant.
- In any event, the liability of PS under its warranty is limited to the provisions of clause 2.a.
9. FORCE MAJEURE
- PS is not liable for any failure in its obligations to an applicant by reason of circumstances beyond its control including but without limitation:
(i) strike, lockout or labour disturbance;
(ii) failure or delays by suppliers or subcontractors;
(iii) fire, earthquake, floor or similar natural disasters;
(iv) hostilities, commotions or similar civil strife.
(v) inclement weather
10. PERSONAL GUARANTEE
Where the applicant is a duly incorporated company PS reserves the right to require personal guarantees of the applicant’s directors prior to the provision of goods or services.
- These terms and conditions of sale apply to all goods and services consigned or supplied to the applicant after the date of this agreement.
- If there is any conflict this agreement takes priority over any other terms of trade.
- Any dispute must be referred to in the first instance to an agreed mediator or one appointed by LEADR New Zealand and the parties shall each bear half the mediator’s costs.