TERMS AND CONDITIONS
1. Definitions
1.1 “Seller” shall mean TGTECH and its successors and assigns.
1.2 “Buyer” shall mean the buyer or any person or Seller acting on behalf of and with the authority of the buyer.
1.3 “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.4 “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.5 “Price” shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 3 of this contract.
2. Goods and Services
2.1 The Goods and Services shall be as described on the invoices, quotation, work authorisation, sales order or any other work commencement forms as provided by the Seller to the Buyer.
3. Price and Payment
3.1 At the Sellers sole discretion;
(a)The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b)The Price of the Goods shall be the Sellers quoted Price which shall be binding upon the Seller provided that the Buyer shall accept in writing the Sellers quotation within thirty (30) days.
3.2 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice, quotation, or any other order forms.
3.3 Payment will be made by bank transfer, or by credit card, or by cash, or by any other method as agreed to between the Buyer and the Seller.
3.4 The Price are in New Zealand dollars and shall be increased by the amount of any GST. All prices quoted exclude GST.
3.5 Freight will be paid by the Buyer for any carriage unless otherwise agreed.
4. Terms of Payment
4.1 If payment is not received by the due date, then the Seller may refuse delivery of further goods and stop further credit facilities.
4.2 The Buyer will pay all collection and legal costs actually incurred by the Seller (including actual solicitor/client cost) that are related to the collection or recovery of any unpaid account.
4.3 Payments not made on due date may, at the Sellers sole discretion, bear interest from the date of the invoice at the rate of 2% per month until paid (or at such rate as shall be in force at the date of purchase).
5. Title and Risk
5.1 The risk in the Goods supplied to the Buyer will pass to the Buyer on delivery. Delivery of the Goods is deemed to occur when the Goods are delivered by the Seller to a courier or carrier for the purpose of transmission to the Buyer.
5.2 Ownership in the Goods shall not pass to the Buyer until all the money the Buyer owes to the Seller has been paid in full.
5.3 If any Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, to receive all insurance proceeds payable in respect of the Goods. The Seller will apply the insurance proceeds as follows:
(a) First, in payment of the Price of the Goods that are damaged or destroyed, if unpaid;
(b) Second, in payment of the outstanding Price of any other Goods supplied to the Buyer by the Seller whether under the terms and conditions otherwise
6. Delivery
6.1 The Seller will make every effort to complete delivery on the date agreed but the Seller will not be liable for late delivery or consequential damages of any kind arising out of late delivery nor will the Seller accept cancellation of any order because of late delivery.
7. Claims
7.1 If the Buyer has any claim in the respect of defects, damage, failure to comply with a description or quote or short supply the claim must be made to the Seller in writing with 7 days of the date of delivery. The fact that no such claim has been made shall be conclusive evidence in any proceedings between the Seller and the Buyer that the Goods at the time of delivery were free from any defect or damage.
7.2 Under no circumstances whatsoever is the Seller to be liable for indirect or consequential damages for any loss of business or profit, however caused, occasioned through any defect in the Goods or the failure or omission of the Seller to comply with its obligations under the Terms and Conditions.
7.3 No Goods shall be returned for credit without the Sellers prior written approval
8. Cancellation
8.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
9. Consumer Guarantees Act 1993
9.1 This agreement is subject, in all cases except where the Buyer is contracting within the terms of a trade /business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.
10. General
10.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.2 All Goods Supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for changes in the law which affect the Goods supplied.
10.3 The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions.