Terms and Conditions of Service
TRIPLE R ENGINEERING 2010 LTD
TERMS AND CONDITIONS OF SALE
The following terms and conditions of sale shall apply to and form part of any contract for the supply of goods or services by Triple R Engineering 2010 Ltd (“the Company”) to another party (“the Purchaser”).
1. Indemnity
Without prejudice to any other rights the Company may have, the Purchaser shall indemnify the Company for any loss, damage or expense incurred by it should the Purchaser breach any term of the contract or cancel any order or part thereof after acceptance by the Company.
2. Delivery
a) Unless otherwise stated in writing, the Company shall arrange delivery of the goods and shall be entitled to charge a service fee for such deliveries.
b) Delivery of the goods shall be deemed to occur when the goods arrive at the location specified by the Purchaser or when the Purchaser or any employee or agent of the Purchaser takes possession of the goods, whichever occurs first.
c) Where delivery or performance of the goods or services is effected by way of part deliveries or performance the Company shall be entitled to invoice the Purchaser for pro-rata progress payments in respect thereof. Failure to pay on the due date will entitle the Company to withhold deliveries of other goods without prejudice to any other remedy available to the Company.
d) The Company shall not be liable for any loss or damage (including consequential loss or damage) arising from delay in delivery or failure to deliver due to circumstances beyond its reasonable control. The Purchaser shall accept and pay for goods not withstanding late
delivery.
e) Deliveries to third parties may be arranged at the request of the Purchaser subject to acceptance by the Company. Deliveries to
third parties pursuant to this sub-clause shall be deemed to be delivery to the Purchaser.
3. Price
Goods will be charged at the prices ruling at the time of dispatch. Prices may be subject to increases between the date of order and the date of delivery due to fluctuations in international monetary exchange rates, shipping rates, shortages, duties and tariffs, and other events beyond the control of the Company.
Where a quote is provided in advance, the price quoted shall be based on the expected work at the time of quotation and as described in the quotation. If the work required subsequently proves to be different then the Company reserves the right to vary the price.
4. Personal Property Securities Act 1999 (“PPSA”) Security Interest
a) By the acceptance of these terms and conditions of trade the customer grants to the company a purchase money security in the goods supplied (as detailed in each invoice accompanying the goods supplied) and their proceeds to secure the obligation of the customer to pay the purchase price of the goods and any other obligation of the customer under this agreement. The company may, in its discretion, allocate any payment the customer makes to its satisfaction of any debt owed by the customer from time to time.
b) As and when required by the company the customer shall at its own expense provide all reasonable assistance and relevant information to enable the company to register a Financing Statement or Financing Change Statement. The Customer will not change its name without first notifying the company of the new name not less than 7 days before the change takes effect.
c) The Customer waives its right to receive a Verification Statement in respect of any Financing statement or Financing Change Statement registered by or on behalf of the company in respect of the Security interest created by these terms and conditions of trade. To the extent permitted under the PPSA, the customer agrees to waive its rights as debtor and the parties agree to contract out of the PPSA to the extent permitted by that Act.
5. Payment
a) The extension of credit shall be at the absolute discretion of the Company and where extended unless otherwise advised in writing shall
require payment by net cash by the 20th day of the following month after invoice date.
b) Without in any way limiting the Company’s right to require payment in full on the due date, the company may charge interest on overdue
accounts at the rate of 2.5% above the Bank of New Zealand current overdraft rate at the due date.
c) The Purchaser agrees that the Company shall be entitled to use the services of a credit agency from time to time to obtain information
concerning the Purchaser (and where the Purchaser is a company, its Directors) in order to assess the Purchaser’s credit worthiness, subject to the provisions of the Privacy Act 1993.
d) All expenses, costs or disbursements incurred by the Company in recovering any outstanding monies (including debt collection agency fees and solicitor’s costs) shall be paid by the Purchaser.
6. Claims
a) Any complaints of short delivery or damage or loss in transit of any goods must be made to the Company within 7 (seven) working days of delivery to the Purchaser. Any such goods shall be left in the state and condition in which they were delivered until such time as the Company or its duly authorised agent has inspected the goods, such inspection to be carried out within a reasonable time after notification by the Purchaser. If the goods are not so left in the state and condition in which they were delivered, the Purchaser shall be deemed to have accepted the goods and shall pay the purchase price therefor.
b) No claim based on defective goods will be allowed and no rejection of the goods will be allowed unless the claim is notified to the Company within seven (7) days of the defect becoming apparent from reasonable inspection of the goods.
c) In the event of the Purchaser attempting to repair the goods without the written consent of the Company, the Company shall be under no liability to replace or repair the goods.
7. Disputes
In the event of any dispute between the parties arising out of the supply of goods or services by the Company to the Purchaser, either party may give written notice of the existence of such dispute to the other whereupon both parties shall immediately attempt to resolve the dispute in good faith. The parties shall consider using mediation or other alternate procedures in any attempt to resolve the dispute. Failing resolution of the dispute, either party may refer the matter to arbitration or to a court of competent jurisdiction, governed by the New Zealand Law.
8. Quotations & Estimations:
a) Work processes - The work steps above are based on our visual inspection of the current condition of the unit. If we find more work is necessary after disassembling the unit we will notify you of the additional work.
b) Source of Dimensions and Drawings – Required dimensions for all machining and material build-up will be as noted in the scope of work or to be supplied or already in Triple R’s possession.
c) Material Sourcing – Material requirements can be supplied from stock or client supply unless otherwise specified in the scope of work.
d) Work Location – All work will be carried out at Triple R’s site unless another location is specified in the scope of work. If you prefer for the work to be carried out at your site, travel and accommodation expenses will be charged with a 15% administration mark-up.
e) Site compliance expectations – Time required for OSH induction, JSA completion and approval, work permits etc are specified in the scope of work. If these allowances do not reflect the time needed to comply with your internal procedures, our price will be varied to reflect any extra time.
f) Delivery expectations – based on receiving components at Triple R by the scheduled start date, we expect to complete this work by the stated delivery date. Our price is based on planned capacity to achieve this delivery in normal business hours. If you require more urgent delivery some premium for overtime costs and additional resourcing will be necessary.
The Company shall be entitled without notice to terminate any credit arrangement it may have made with the Purchaser in the event of the Purchaser defaulting in any of the terms of these Conditions.