A&T GLASS & GLAZING LTD (“the Seller”) and THE PURCHASER OF GOODS FROM THE SELLER (”the Buyer”) agree as follows:
GENERAL Orders are accepted and goods supplied upon and subject to these terms and conditions of sale together with the quotation given by the seller (if any). The seller is entitles to vary these terms and conditions of sale but any such variation must be in writing. The terms and conditions may not be unilaterally varied by the buyer.
PRICE Unless previously withdrawn by the Seller, the quotation will remain open for acceptance within 30 days from the date of the quotation, or such other period (if any) as is specified in the quotation. Any quotation not accepted within that time will lapse upon the expiry of that time unless written continuation of renewal is obtained. All prices are net, unpacked, ex the seller’s store or on consignment. Unless otherwise specified the quoted price is exclusive of Goods and Services Tax which is additional and calculated at the time of invoicing in accordance with the rate ruling.
PAYMENT Payment is due at the offices of the Seller on the 20th of the month in which the goods were invoiced.
INTEREST Interest will be charged on a daily basis on all accounts which are unpaid by the 20th day of the month following the invoice date, unless the Seller elects not to charge such interest. The interest rate to be applied is a rate equivalent to the Seller’s prevailing bank overdraft rate plus 2%.
DELIVERY The Seller’s delivery records shall be prima facie proof of delivery of the goods of the quantity and description stated therein.
The Seller shall not be under any liability whatsoever for the consequence of any delay in completion, delivery, or dispatch of the goods for any reason.
The supply of goods by the Seller is for business purposes and accordingly the Consumer Guarantees Act 1993 does not apply. b. All warranties expressed or implied at common law or by Sale of Goods Act 1908 are hereby negatived. c. The Seller shall be under no liability to the Buyer for any loss (including but not limited to loss of profit and consequential loss) of
any kind whatsoever arising out of the supply of or failure to supply goods hereunder. d. The Seller shall be under no liability to the Buyer for any defect or defects or deterioration of goods or any part thereof (except as provided in paragraph 7 hereunder). The Seller gives no warranty that the goods are suitable for the purpose for which the Buyer proposes to use them and the Buyer must be satisfied, the Buyer’s own judgement, that such goods are in fact so suitable. As the Seller may have no control over the inclusion of any goods as components of any process or equipment the Seller gives no warranty that the goods will then function in any particular way.
Goods supplied are guaranteed for the period of the manufacturer’s warranty from the date of delivery against defective work material and workmanship, provided payment for such goods is made in accordance with clauses 3 and 4. The Buyer shall return the defective goods to the Seller’s premises. The Seller shall determine whether or not the goods will be repaired or altered or replaced or whether the purchase price is to be refunded. The Seller shall not be liable for any charges covering repairs or alterations to the goods made by the Buyer, or at the request of the Buyer, without the Seller’s prior written consent first having been obtained. b. Any claim for short delivery is to be notified to the Seller within 3 days of the Buyer’s receipt of goods and the Buyer must
provide full invoice or packing slip details. If no notification is received the Buyer is deemed to have accepted the goods.
RISK Goods supplied by the Seller to the Buyer shall be at the Buyer’s risk immediately after the goods leave the Seller’s store. The Seller will arrange ‘all risk’ insurance cover on behalf of and to the charge of the Buyer on receipt of the Buyer’s written instructions.
RETURN OF GOODS Goods are not returnable except with the written consent of the Seller. In such cases, full invoices or packing slip details are required.
Ownership of any goods sold or delivered by the Seller is retained by the Seller until full payment is made in full. The delivery or sale of the goods by the Seller to the Buyer under these conditions of sale creates a fiduciary relationship between the Seller and the Buyer in relation to these goods. b. All goods sold or delivered by the Seller to the Buyer in which ownership is retained by the Seller, must be stored separately so as
to be readily identified. c. If the goods are sold by the Buyer prior to payment having been made to the Seller then the proceeds of the sale shall be paid into a
separate account for which separate accounts shall be kept. Such proceeds of sale shall be the property of the Seller. d. The conditions of sale shall apply notwithstanding that the goods may be amalgamated with or attached with other goods. e. The Seller and its agent shall, at all times, have the right to enter the Buyer’s premises without notice to take possession of any
goods in which ownership has been retained under these conditions.
11. RIGHTS AND OBLIGATIONS All rights and obligations of the parties pursuant to or otherwise arising out of this contract shall be governed by the laws of New Zealand.