Terms and Conditions
1. THE terms and conditions contained in this document shall apply to all quotations, offers, deliveries and installations made by the company and/or written on or attached to this document. No terms or conditions contained in the buyer's acceptance or order or other document purporting to relate to this contract shall vary amend or delete these terms and conditions or any of them unless expressly agreed in writing by a duly authorised officer of the company.
2. THE parties acknowledge and agree that there are no understandings, agreements or representations expressed or implied not specified herein relating to this contract and that these terms and conditions contain entire agreement between the parties.
3. IN the interpretation of the contract "the company" means Lundia Shelving Ltd, "product" means the product or service on the face hereof, within the schedule hereto or any product or service supplied by the company and "buyer" means the person, firm or company to whom the quotation or offer is addressed, or who has placed an order for product with the company.
4. ALL quotations of the company shall be in force for no longer than 30 days unless otherwise specified in writing by the company. A quotation by the company shall become binding upon the company only upon receipt of an unconditional acceptance in such form as the company may require. No conditional or other form of acceptance shall become binding upon the company unless expressly accepted in writing to the buyer by a duly authorised officer of the company.
5. THE contract price is based on the company's scheduled rates and hourly payments and material prices currently ruling at the date of quotation and the buyer will be liable to pay any additional moneys resulting from any increases in such rates and the prices between the period 30 days after the date of quotation and the completion of the contract. Prices quoted are on the basis of the whole quantity being supplied unless otherwise stated.
6. Special items (including modified, painted or stained items) not considered as standard inventory by the company will become the sole property of the buyer and will not be accepted for return by the company.
7. ORDERS accepted by the company cannot be countermanded or delivery deferred or product returned except with the written consent of the company and upon terms that will reimburse and indemnify the company against all loss including profit on any part of the order that is cancelled. Goods will only be accepted for credit (Subject to these terms and conditions) if returned within Seven (7) days with original invoice number quoted.
8. THE buyer shall pay in addition to the contract price for prices quoted Goods and Services Tax payable by the company in respect of the supply of product or services.
9. IF requested by the company the buyer will provide the company with a completed company account application form, including three satisfactory trade references. The customer authorises the company to collect and retain such data for the purpose of assessing credit worthiness, enforcing any rights under this contract or marketing any products or services provided by the company to any other party. The customer authorises the company to disclose any information obtained to any person for the purposes set out in this clause. Where the person is a natural person this clause shall be deemed authority or consent for the purposes of the Privacy Act 1993.
10. The company reserves the right to withhold credit at its discretion.
11. ALL product delivered by the company to the buyer shall be at the risk of the buyer upon delivery into his or his agent's possession or custody or premises or place of delivery. Such delivery shall be to a place nominated by the buyer provided that the company shall be under no obligation to deliver to such place unless it is satisfied that access is reasonable.
12. IF product received by the buyer are considered by him to be short supplied, defective or damaged the carrier's Delivery Note must be endorsed with full particulars of such alleged shortage, defect or damage and the carrier and the company notified in writing within three (3) days of receipt otherwise the company shall not be liable for any claim arising thereof.
13. UNDER no circumstances shall the company be liable for any loss, damages or expenses sustained by the buyer or any other person in consequence of any delay in delivery of the product or completion of work for any reason whatsoever. The time agreed for delivery shall not be an essential term of this contract.
14. IF delivery of product or completion of work is delayed either at the request of the buyer or owing to the inability of the buyer to accept the product for any reason on or after the date for delivery or owing to some other cause beyond the control of the company in circumstances where the company is able to deliver the product or carry out such work then the buyer shall be liable for extra charges, losses or expenses incurred by the company. The company shall be entitled to render an interim invoice or invoices accordingly and receive from the buyer payment or payments on or before the 20th of the month following date of invoices, and according to payment terms and conditions contained herein.
15. ALL payment for product or services are strictly net cash on or before the 20th of the month following date of invoices or as otherwise stated on the face hereof. Receipt of a cheque, bill of exchange or other negotiable instrument shall not constitute payment until such negotiable agent has been paid in full. The buyer shall not be entitled on any ground whatsoever either wholly or in part to withhold payment when it becomes due.
16. FAILURE to make payment for any product or services shall constitute breach of payment condition in this contract and such breach shall without prejudice to any other rights available to the company entitle the company to charge interest at the rate of 2.5% per month or part thereof on any balance outstanding and interest shall continue to accrue until payment whether before or after judgement.
17. THE buyer shall pay any expenses; including any reasonable solicitor's fees or debt collection agency fees, disbursements or legal costs incurred by the company in the enforcement of any rights in this contract.
18. THE company shall be at liberty by notice in writing to the buyer to immediately suspend or cancel performance of this contract if the buyer be declared bankrupt or if a company if it be subject to Winding-Up Order if a Receiver or Manager or Receiver and Manager of its assets be appointed or if it shall commit any breach of or fail to perform any one or more of the terms and conditions on its part herein contained and shall fail to rectify or discontinue such breach or non-performance within seven (7) days after notice in writing terminated this contract forthwith but any such termination shall not affect any other rights or remedies which the company may have in consequence of any such breach or non-performance.
19. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA))
a. Title in any product supplied by the company passes to the customer only when the company has received in cash the total contract price. Until all sums due to the company by the customer have been paid in full the company has a security interest in all products. Pending full payment the product will be held by the buyer as bailee and as the fiduciary agent of the company.
b. IF the products are fixed or incorporated into any property of the customer, by way of manufacturing or assembly process by the customer or any third party, title in the products will remain with the company until the customer has made payment for all products, and where those products are mixed with other property so as to be a part or a constituent of any new products, title to these new products shall be deemed as assigned to the company as security for the full satisfaction by the customer of the full amount owing between the company and the customer.
c. The customer gives irrevocable authority to enter any premises occupied by the customer or on which product are situated at any reasonable time after default by the customer or before default if the company believes a default is likely and to remove and repossess any products or property to which the product is attached or incorporated. The company shall not be liable for any costs, damages, expenses or losses incurred by the customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statue such liability cannot be excluded.
d. THE company may either resell any repossessed products and credit the customers account with the net proceeds of the sale (after deduction of all repossession, storage, selling and other costs) or may retain the repossessed products and credit the customer account with the invoice value thereof less such sum as the company determines on account of wear, tear, depreciation, obsolescence, loss or profit and costs.
e. Where the company pursuant to clause 24.b retains product the customer waives the right to receive notice under s.120 of the PPSA and to object under s.121 of the PPSA.
20. ALTHOUGH the utmost care is taken to ensure the accuracy of the data of design details supplied, the excellence of the materials used in the manufacture of its product and the quality of materials not manufactured by it the company shall in no circumstances be under any liability for injuries expense or loss which may in any degree be attributed to the use of materials or installations supplied by it or to the adoption of data design materials or advice given as to the use of its products.
21. ALL drawings and specifications prepared by the company under the Contract shall remain the property of the company and the copyright is reserved accordingly and no copies shall be made or extracts taken without the prior consent of the company.
22. THE company shall not be responsible for the supply and installation of or alterations or additions to any sprinkler systems or under floor heating in the area of the construction works to which the contract relates. The cost of any such sprinkler system, under floor heating or work if required by any statute, regulation, by law or any authority or howsoever is the responsibility of the buyer.
23. THE buyer undertakes to disclose the existence of under floor heating where applicable. Failure to do so absolves the company of any responsibility for damages or costs of repair caused by damage to the under floor heating by a company installation. In such case, additional labour or materials required to enable the installation will be charged at standard rates, and are an additional cost to the buyer, over the quoted amount.
24. The company is not responsible for the strength or structural condition of floors or foundations upon which the construction works are erected and makes no representation and gives no warranty that such floors or foundations are suitable for the construction works thereon and shall not be liable for any damages or injury directly or indirectly attributable to any defects in or any structural collapse subsidence or failure of the said floors or foundations.
25. If the product are subject to the Consumer Guarantees Act 1993 but are required by the buyer for business purposes, the buyer agrees that the Consumer Guarantees Act 1993 shall not apply to this contract.
26. THE company shall have all right at common law and in equity in addition to this contract.
27. ALL notices served upon the buyer shall be deemed to be served if mailed in the ordinary course of the post to the last known address of the buyer.
28. THE laws for the time being of the Dominion of New Zealand or Territory when applicable shall apply to the interpretation of the contract.
29. WHERE sections of this contract overlap, no section shall limit the company's rights under any provision of this contract.
30. WHERE the within contract relates to the provision of materials plus labour to carry out construction (herein called construction works) the following additional terms and conditions shall apply, these rights are claimed in addition to any rights under The Construction Contracts Act 2002:
a. The buyer will ensure the safe custody of and minimise deterioration of the materials and the company's equipment whilst on site and before use and will protect the same by providing covered and secure waterproof storage accommodation.
b. The buyer will immediately prior to the date for the commencement of construction works ensure that the site is cleared and free from obstruction and that electricity services are available for use by the company and the buyer will further ensure (unless the parties agree in writing) that the company is enabled to carry out the works of construction as one uninterrupted operation to be completed during normal working hours.
c. The contact price is fixed on the basis that the floors upon which the construction works are to be performed are level and even. Any additional costs or expenses for materials and/or labour required to trim the proposed installation due to an uneven or out of level floor surface in excess of plus or minus 15mm elevation variation over the entire floor area shall be paid by the buyer.
d. On completion of the work any surplus product delivered by the company shall remain the property of and be removed from the site by the company. Until such removal the buyer shall take reasonable precautions for the safe custody and protection of such surplus product.
e. If for any reason the commencement of the construction works extend into a calendar month following the stipulated date the company shall be entitled to render an interim invoice or invoices accordingly and receive from the buyer payment or payments on or before the 20th of the month following date of invoices, and according to payment terms and conditions contained herein.
f. Unless expressly provided for in the contract the company will not undertake or be responsible for any builder's work or other work involving alterations to the structure of any premises at which work is to be undertaken by the company.
g. The buyer will serve all notices and make applications for and obtain all such licenses consents or approvals as are required under any Building Regulations or By-Laws or any legislation for the time being in force prior to the carrying out of any construction works herein and the buyer shall be liable and indemnify and keep indemnified the company against all actions proceedings cost charges claims or demands arising directly or indirectly out of or in connection with any breach of this condition.
h. The Sale of goods 1908 shall not apply to this contract.
Lundia Shelving is the result of combined design and engineering over many years. Our policy has always been to endeavour to build quality and dependability into all our equipment for trouble-free, safe and smooth operation.
We guarantee our products for a period of 60 months from date of purchase, and will repair or replace, at our option, any item found to be defective (as determined by our examination) in either workmanship or materials.
No other warranty is expressed or implied, and extends only to the original purchaser or user. Proof of purchase is required to exercise rights under this warranty.
We are NOT responsible for the cost of unauthorised repairs or modifications; such repairs render this warranty null and void.