T R LORD & ASSOCIATES LIMITED
trading as
AVO NEW ZEALAND
TERMS AND CONDITIONS OF SALE AND QUOTATIONS IN RESPECT OF EQUIPMENT AND GOODS
I. GENERAL
All sales are made on the following terms and any contract or supply arising will be subject to their inclusion.
The expression:-
1. "AVO" used in this document means T R Lord & Associates Limited and its successors or assigns.
2. "The Act" means the Consumer Guarantees Act 1993 and/or its amendments.
If the purchaser is a "consumer" who acquires or holds himself or herself out as acquiring goods or services for the purposes of a "business" (as defined in the Act) the purchaser acknowledges that the guarantee and remedies contained in the Act shall not form part of the agreement and that clauses 2 to 9 (inclusive) set out below shall constitute the agreement between the purchaser and AVO.
If the purchaser is not a "consumer" (as defined in the Act) the said clauses 2 to 9 shall constitute the agreement between the purchaser and AVO.
Where any sale is subject to an agreement for hire purchase, the terms and conditions in this document shall have effect subject to that agreement.
Receipt of an order for services from the purchaser will be deemed to be acceptance by the purchaser of the terms and conditions herein notwithstanding anything that may be stated to the contrary and in the purchaser's enquiries or on the purchaser's order.
I. UNLESS otherwise stated in the offer hereby made to you, this offer is open for acceptance by you for a period of 28 days from the date of this quotation.
II. PRICE
Notwithstanding any price given in this document or elsewhere the price of goods shall be that prevailing at the time of delivery and the purchaser remains liable for any increase in price between the time the contract is made and the time the goods are delivered.
Unless otherwise stated prices are quoted in New Zealand dollars exclusive of GST, delivery charges, sales tax, customs duty or any other taxes, fees or duties. The purchaser agrees to pay any GST, delivery charges, sales tax, customs duty or any other taxes, fees or duties.
I. TERMS OF PAYMENT
Unless specific arrangements are made, payment of the contract price without any deductions is due no later than the 20th day of the month following the date of the invoice in respect of the goods (payment date).
The purchaser agrees to pay interest at the rate of 19% per annum calculated daily from the payment date.
AVO may take such reasonable steps as it considers necessary to recover outstanding amounts and all costs involved in such recovery including but not limited to debt collection agency fees, Court fees and legal costs on a solicitor and client basis shall be payable by the purchaser.
The purchaser by placing an order, requesting a quotation or by applying for credit authorises AVO to collect all such information about the purchaser as it may require from third parties and authorises third parties to release such information to AVO. The purchaser also authorises AVO to release to third parties details of or information gained in the course of the relevant dealings.
If the purchaser is resident outside New Zealand it is a term of this agreement that payment be made by a Letter of Credit acceptable to AVO or such other terms as may be formally agreed in writing prior to acceptance of the order.
I. TRANSFER OF RISK
Notwithstanding any other provisions in this agreement, the risk in any goods shall pass to the purchaser from the time the goods leave AVO premises and it shall be the purchaser's responsibility to have arranged any insurance in respect of same.
I. QUOTATIONS
Unless otherwise stated in writing or unless previously withdrawn, quotations remain open for acceptance for a period of twenty-eight (28) days from the date of the quotation.
No condition attached to the acceptance shall form part of the contract.
For the purpose of Section 6(1)(a) of the Contractual Mistakes Act 1977 AVO does not assume the risk of errors or omissions in quotations.
Where AVO provides a quotation on the basis of plans and specifications supplied to it AVO takes no responsibility for the accuracy of quantities and suitability of materials for the purpose stated or any particular purpose.
Quotations are supplied on the basis that a contract is entered for the amount or amounts quoted for. Rates stated may not apply in the event that a different quantity of goods is purchased.
Acceptance of quotations must be confirmed prior to uplifting any goods and the quotation number must be supplied to the Company at the time the goods are uplifted.
Delivery dates are indicative only and the company is not liable for delay in delivery whether caused by act of God or otherwise.
Goods are offered subject to availability and acceptance of Quotations does not amount to a guarantee by AVO of its ability to supply the goods ordered. In the event that any goods specified in the quotation are unavailable AVO may advise the purchaser accordingly or may substitute equivalent goods and charge the relevant price prevailing at the time of delivery.
I. RETURNS
The goods are sold on the basis that there is no right of return. AVO will however, in its sole discretion, on an individual case by case basis, consider accepting returns in the event:
1. That there is a request for return of the goods made within thirty (30) days of delivery;
2. That the goods in question are part of AVO's usual stock-in-trade and not custom made;
3. The goods are in the same condition as when supplied; and
4. The invoice for the goods is produced or identified; and
5. The purchaser proposes to pay and will pay all costs in relation to the return of the goods.
I. WARRANTIES
AVO will at its option in the event that any goods supplied are proved to be defective (and such defect has not arisen in the course of transit) or of insufficient quality:
1. Repair or replace free of charge or make up any shortages; or
2. Refund or credit the amount of the purchase price applicable to any such defect or shortages.
This warranty is subject to the requirement that the purchaser must give notice to AVO of the alleged defects or shortages within five (5) days of delivery (time being of the essence) and further this warranty will cease to apply if the goods have been altered or repaired other than by arrangement with AVO or have been subjected to any improper or abnormal use or storage.
AVO will use its best endeavours to assist the purchaser to enforce any guarantee or warranty given by the manufacturers of the goods sold by AVO.
Other than the warranties provided in this clause no warranty either expressed or implied by law, trade, custom or otherwise is given by AVO as to the quality, state or condition of any goods sold, their packaging, appearance, content or their fitness for any particular purpose. The purchaser remains responsible for ensuring the compliance of the goods with any relevant Standard, by-law or other requirement.
AVO will not be liable for:
1. Loss caused by any factor beyond the control of AVO.
2. Delivery to the buyer by any special dates.
3. The loss or damage to foods while in transit (whether such loss or damage result from AVO's negligence or default or otherwise).
4. Loss consequent to any of the above.
5. Any consequential loss.
In no case will AVO be liable for any sum greater than the cost of replacement of goods which are proved to be defective, damaged or lost and in particular but not by way of limitation liability for consequential damage or loss arising from any defect, damage, faulty material or design.
I. OWNERSHIP
Unless specific alternative arrangements are made with AVO for the provision of security or otherwise in relation to the passing of title, title in goods shall pass only in accordance with the provisions of the clause.
Regardless of any period of credit agreed, legal and beneficial ownership of all goods supplied remains with AVO until payment in full is made for them and for all other goods supplied by AVO to the purchaser in the same sale.
If payment is overdue in respect of any goods supplied AVO may, in addition to any other rights it may have, retake possession of and may resell any or all the goods or any part of them and its employees or agents may enter the purchaser's property for those purposes. This right shall be available even if the goods have been permanently installed or have become part of other goods and even if loss or damage will be caused by their removal AVO shall not be liable for that loss or damage.
The purchaser shall not sell-on any goods supplied by AVO without its consent until title in those goods passes. If a sale is effected before title passes the proceeds of the sale shall be the property of AVO until payment in full is made to it and shall in the meantime be held by the purchaser in trust for AVO and the purchaser will ensure that the proceeds of such sale are at all times identifiable.
I. RE-SUPPLIES
Where the purchaser supplies the goods in trade to a buyer acquiring the goods for business purposes, it must be a term of the purchaser's contract with that buyer that the Consumers Guarantee Act 1993 does not apply.
Where the purchaser supplies the goods to any other person in the course of trading, the purchaser shall:
1. draw to the attention of its buyers any known defects in the goods in accordance with Section 7 of the Consumer Guarantees Act 1993;
2. not take any steps to conceal any defects in the goods from its buyers; and
3. not make any representation concerning the description of the goods, if such description does not correspond with the actual description and specification of the goods.
The purchaser shall indemnify AVO and keep AVO indemnified from and against all losses, costs, damages, penalties, liabilities or expenses suffered or incurred by AVO as a result of or arising out of the purchaser's breach or attempted breach of the provision of clause 9.1 to 9.4 above.
I. FORCE MAJEURE
AVO shall not be liable for failure to perform, supply or complete its obligations under this contract due to any causes beyond the reasonable control of AVO including (but without limiting the generality of the foregoing) prohibition or restrictions on importing; refusal to issue import licences; Government direction; statute; lock out; refusal to load, unload or handle goods; labour disputes; fire, flood, typhoon, tidal wave, landslide, lightning, explosion, act of God, war, riot or civil commotion.
I. EXPORT
In the event that the sale of goods are to a purchaser resident in a country other than New Zealand, then it is the responsibility of the purchaser to pay freight insurance any customs duty or Government taxes and to obtain all necessary import licences and other authorisation. The purchaser acknowledges the purchaser is solely responsible therefore and will meet the purchaser's obligations under this agreement notwithstanding any importation difficulties.
I. STATUTORY AND OTHER REGULATIONS
AVO shall at its discretion be entitled to cancel any contract and shall be under no further obligation in respect thereof in the event of the ability to complete the contract being prevented, frustrated or impeded by any Statute, any rule or regulation, order or requisition of Central or Local Government or any authority.
I. THIS agreement was made in New Zealand and all issues including its construction and performance shall be determined by New Zealand Law.
