Terms & Conditions

/Terms & Conditions
Terms & Conditions 2017-05-22T13:52:48+00:00

GENERAL TERMS OF SALE

  1. Purchase price
    1. The purchase price stated in this agreement is an estimated price which is based on the cost of labour, materials and freight at the date of the agreement. The purchase price may be increased by the vendor at any time to the extent that the cost of the equipment to the vendor increases as a result of an increase in any of the previously stated costs after the date of this agreement.
    2. If any errors are made by the vendor in computing the purchase price the purchase price may be adjusted to correct such errors. Such increased or corrected price will be the purchase price.
    3. The purchase price is in
      [specify currency].
    4. Unless otherwise stated all prices exclude GST. GST will be charged at the statutory rate (currently 15%).
  2. Deposit
    1. The purchaser shall pay the deposit to the vendor immediately upon execution of this agreement by both parties (“the deposit due date”).
    2. If the deposit is not paid on the deposit due date, the vendor may at any time thereafter serve on the purchaser written notice requiring payment. If the purchaser fails to pay the deposit on or before the third working day after service of the notice, the vendor may cancel this agreement by serving notice of cancellation on the purchaser. No notice of cancellation shall be effective if the deposit has been paid before the notice of cancellation is served.
    3. The deposit shall be in part payment of the purchase price.
    4. The deposit is non-refundable.
  3. Payment of the balance of purchase price
    1. If payment of the balance of the purchase price is not made within seven (7) days of the due date, which has been previously specified in this agreement, the vendor shall have the right to charge default interest on those monies outstanding at the rate previously specified in this agreement, calculated daily from the due date to the receipt of payment by the vendor. The overdue account will also be sent to the vendor’s credit agency for collection. All debt collection fees and legal costs are payable by the purchaser and will be added to amount owing.
  4. Cancellation
    1. When the equipment being sold and purchased in this agreement is “purpose-made” equipment to be manufactured on behalf of the vendor by its suppliers, the purchaser shall not be entitled to cancel any order once work has begun on it (unless the vendor in its sole discretion agrees to accept such a cancellation). If the vendor agrees to cancellation, the vendor may charge the purchaser for all costs and expenses incurred by the vendor (whether directly or indirectly) in respect of the agreement including the vendor’s loss of profit.
    2. If the purchaser fails or refuses to make payment of the balance of the purchase price to the vendor on the due date, the vendor may at any time thereafter, and without any requirement for the giving of written notice to the purchaser, cancel this agreement and re-sell the equipment. In such event, the cost of such re-sale and any shortfall or other losses sustained by the vendor, including actual legal costs, shall be claimable from the purchaser as damages. The right of re-sale set out above is without prejudice to the vendor’s right to sue the purchaser for specific performance or avail itself of any other rights or remedies available to the vendor at law or in equity.
  5. Title
    1. Title to and risk in the equipment will only pass to the purchaser following both payment of the balance of the purchase price and the delivery of the equipment.
  6. Delivery Times
    1. Delivery times quoted are subject to, and date from the later of:
      1. The execution of this agreement by both parties;
      2. Payment of the deposit;
      3. Provision of all necessary information by the purchaser to enable to vendor to proceed with the sale or fabrication of “purpose-made” equipment.
    2. The vendor will use all reasonable endeavours to make delivery at the time requested, but if for any reason whatsoever the delivery shall be delayed, the vendor shall not be responsible for any loss or damage whatsoever sustained by the purchaser or any person, firm or corporation by reason of such delay and the purchaser shall still be obliged to accept the delivery.
  7. Delivery Arrangements
    1. The vendor shall deliver to the purchaser the equipment specified in this agreement to the place specified in this agreement. The cost of delivery and shipping insurance is included in the purchase price.
  8. Liability for Loss and Damage
    1. The purchaser will fully and completely indemnify the vendor in respect of all claims by any person whatsoever for injury to person or property caused by or in connection with or arising out of the use of the equipment, and in respect of all costs and charges in connection therewith, whether arising under statute or common law.
    2. The purchaser acknowledges that the vendor has made no warranties, express or implied of any kind or nature whatsoever, relating to the use and/or operation of the equipment, other than those explicitly stated in this agreement under clause 9 below.
    3. The purchaser agrees that in no event shall the vendor be liable to it for any loss of profits or consequential damages arising out of the use of any equipment purchased from the vendor, and covered under this agreement, or any extension thereof, or by any other person(s) permitted or authorised to use or operate the equipment.
  9. Warranty
    1. The vendor guarantees to the purchaser that the equipment delivered will be free from defects in material or workmanship.
      1. This guarantee shall apply only to defects appearing within 12 months of delivery of the equipment to the purchaser.
      2. The vendor’s obligation under this guarantee is limited to the repair or replacement of that part which is defective in material and workmanship and declared as such by the purchaser to the vendor within the guarantee period.
      3. The liability of the vendor under this guarantee is limited to the cost of replacing the defective part by the vendor under the terms of its agreement with the original supplier of the equipment. Upon expiration of the guarantee period, all such liability shall end.
      4. This guarantee shall not apply to the equipment if it has been subjected to accident, unauthorised repair or alterations, misuse, abuse, neglect or normal wear and tear.
  10. Site Access
    1. The vendor has any necessary licence with a right of access to any site to which its equipment is to be delivered for any purposes connected with the sale transaction. The purchaser indemnifies the vendor against all costs (including legal costs) and claims associated with any action brought against the vendor on the basis it does not have a right of access to a site for the purposes of this provision.
  11. Waiver
    1. Even if the vendor does not insist on strict performance of these terms and conditions, the vendor is not taken to have waived its right to later require strict
  12. Severability
    1. If any of these terms and conditions is invalid or unenforceable in any jurisdiction they are, if possible, to be read down so as to be valid and enforceable. The read down provision will only apply in the relevant jurisdiction. If the provision cannot     be read down, and it can be severed to the extent of the invalidity or unenforceability, it is to be severed. The rest of the provisions, and the validity or enforceability of the affected provision in any other jurisdiction, will not be
  13. Governing law and jurisdiction
    1. These terms and conditions are governed by New Zealand law.
  14. Force Majeure
    1. The vendor shall not be liable for any delay, alteration or failure in delivery if occasioned by any event beyond the vendor’s control.