Tecnique (NZ) Limited – Terms & Conditions of Trade
INTERPRETATION
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“Customer/You/Your” means the person who purchases and/or receives the Services from Us.
“TCQ/Us/We/Our/” means Tecnique (NZ) Limited.
“Contract” means the contract between TCQ and You, which shall be deemed to incorporate these Terms and the terms on any individual quotation you may receive.
“Services” means the Services, including any goods, parts and materials, detailed in the quotation to be supplied by TCQ to You.
“Order” means the quotation and terms provided by TCQ and signed and returned by You describing the Services requested by You and accepted by TCQ.
1. QUOTATIONS
1.1 Quotations issued by the TCQ are valid for thirty days from the date of issue.
1.2 The Company reserves the irrevocable right to withdraw a quotation where a genuine error has been made on TCQ’s behalf.
2 PRICES AND PAYMENT
2.1 The Company’s prices are subject to change without notice. The price for Goods will be either as quoted to You in writing (and accepted by You) or, if no written quotation has been provided and accepted by You, Our current price for the goods at the time of delivery.
2.2 Despite clause 2.1, unless otherwise agreed in writing, any quoted price may be altered by Us before delivery of Goods to You, if Our costs fluctuate after the date of quotation. Further, quoted prices only apply to the total quantities and delivery dates specified in the quotation.
2.2 Payment in full must be made within 14 days following the date of invoice. The customer may not set off any payments owing to the Company against any payments owed by the Company to the customer or any claims that the customer may have against the Company.
2.3 In accepting any payment from the customer, the Company will not be bound by any condition or qualifications of terms that the customer attaches to such payments. Any payments expressed to be in full and final settlement will only be accepted by the Company as such if the Company communicates its specific acceptance in writing to the customer of those terms, otherwise any payment will only be accepted as part payment of the total debt owing to the Company.
2.4 Without prejudice to any other rights of action the Company may have for late payment by the customer, the Company may charge interest on a daily basis to the customer at a rate of 2% per month on overdue amounts, until the overdue amounts are paid. Interest will accrue after, as well as before, any judgement that the Company may obtain against the customer. The customer will also be liable to pay all of the Company’s expenses (including collection and solicitors costs) incurred in attempting to obtain or obtaining a remedy for the customer’s failure to comply with these terms of trade.
2.5 The Company is not required to verify or check that any person using the customer’s account with the Company has the customer’s authority to do so. The customer may not refuse to pay charges to the customer’s account on the basis that the person using the account did not have the requisite authority.
2.6 The Company will cease work on any site or job immediately on any payment from the customer becoming overdue. The Company will not be responsible or liable for any delay whatsoever this may cause.
3. TITLE
3.1 Title, or ownership, of any goods supplied and/or installed by the Company remains with the Company until payment in full has been received by the Company, however risk and responsibility for the goods (including insurance responsibility) passes to the Customer immediately on receipt / installation of the goods.
3.2 Should payment for any goods supplied and/or installed by the Company become overdue the Customer hereby authorises the Company, without prejudice to any other rights of action the Company might have, to enter any premises where the goods are thought to be held, to re-possess the goods. In the case of installed goods such as, but not limited to, audio visual systems, the Company will remove the individual components making up the installed system.
4. CONSUMER LEGISLATION
4.1 Where the provisions of the Consumer Guarantees ACT 1993 apply, these terms will be read subject to the application of the Act, and in the case of any conflict, the provisions of that Act will apply. Where the customer is a business (as “business” is defined by the Consumers Guarantees Act 1993), it agrees that it is acquiring all equipment and services from the Company for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply.
5. WARRANTY AND EXCLUSION OF LIABILITY
5.1 The Company will warrant any goods that form part of the Services under your order for a period of 12 months or the length of the manufacturer’s Warranty, whichever is the longer. Where goods, which are covered by warranty, become faulty, the Company shall, wherever possible, repair or replace such goods within 48 hours of written notification and during normal business hours.
5.2 The Company will warrant that the labour elements of the Services under your Order are of satisfactory quality a period of 12 months from delivery of the services
5.3 The Company will not be liable for any claims under this warranty where the goods are found to have been used and/or stored other than in accordance with the manufacturers guidelines or misused in any way, or where any faults are as a result of general wear and tear or the failure or inadequacy of works carried out on the goods either prior to or subsequent to the provision of the Company services. In all cases the warranty does not cover the labour involved in correcting any faults save were a fault has arisen as a result of the negligence of the Company. Please note that where we are requested to return to your site to repair/replace items under this warranty which are subsequently found not to be faulty or the faults in which are not as a result of an action or inaction of the Company we will charge a call out fee and labour charges at our then current rates.
5.4 Warranties offered by the Company do not cover acts of God, and other circumstances beyond the reasonable control of the Company including (without limitation) any act (whether criminal or otherwise) by any third party.
5.5 Any warranty offered by the Company shall become null & void if payment for those goods or services, or future additions or service to them, becomes overdue. Notification of the cessation of warranty is not required to be given by the Company.
5.6 Any equipment that is covered under warranty by the Company may only be serviced altered or adjusted by the Company. If equipment supplied by the Company is in anyway tampered with, adjusted or serviced (other than in their normal day to day use) by any other person or company then any warranty offered will immediately become null and void.
5.8 In no circumstances will the Company be liable to the customer, or any other person, whether in contract tort or otherwise, for any loss or damage or injury arising directly or indirectly from services or materials supplied by the Company to the customer. In any case where the Company is found to be liable to the customer for any reason whatsoever, the extent of the Company’s liability will not exceed the original sale price. The customer is not entitled to make any claim against the Company for loss of profit, consequential damage or loss arising out of a breach of any term or implied term of this agreement or under any law or guarantee or warranty given by the Company except to the extent specifically permitted by statute. Any claims must be made to the Company in writing within 10 days of the event arising giving cause to the claim otherwise the customer has no claim of whatever nature against the Company.
6. PRIVACY
6.1 The Company is authorised to obtain credit information about the customer, it’s principles and directors (if any) from credit reference agencies and is also authorised to disclose credit information (including payment defaults) to credit reference and collection agencies or other persons seeking credit references. The credit information is collected to assist the Company to ascertain the customer’s credit status. Failure to provide the requested information may result in credit being refused. Under the privacy Act 1993 individuals have right of access to and correction of personal information. This authority is given by the customer and all the principles and directors of the customer (if any).
7. ACCEPTANCE AND DURATION
7.1 By engaging the services of the Company, with either verbal or written consent, it must be assumed that the customer has read and accepts these terms of trade.
7.2 These terms of trade shall remain in place between the Company and the customer for as long as the customer is in usable possession of the goods or services.