1. What is the purpose of this contract?
1.1 This contract sets out the terms and conditions that apply when you (“you” and “your”) decide to purchase products and services from Northern Sheetmetals (“we”, “us” and “our”).
2. What information about you can we collect?
2.1 You agree that before we decide to supply products and services to you, we may obtain information about you to:
- assess your credit worthiness;
- enforce any rights under this contract;
- market any of our products to any other entity.
2.2 You agree that we may give that information to any person for the above purposes, but you may withdraw your consent at any time.
2.3 You may access any information that we hold about you and ask us to correct any mistakes in it.
3. What are our products and services?
3.1 In these terms and conditions “products and services” means and includes, without limitation, the following:
- all steel and aluminium fabrication, custom made, engineering and installation services and the supply of associated products;
- the supply of sheeting and other products including metals cut to measure; and
- all products and services identified in any account application, order form, job sheet, supply request, email, quotation, “payment claim” or invoice issued by us to you, which documents are deemed to be incorporated into and form part of our contract with you;
- all inventory supplied to you.
4. What is the price?
4.1 The price is the cost of the products and services as agreed between you and us.
4.2 If no price is stated in writing, the products and services will be deemed to be supplied at the current charge out rates applicable at the time of the contract.
5. When are you required to pay us?
5.1 You agree to pay us:
- with respect to commercial clients on or before the 20th day of the month following the date of our invoice (‘the due date”);
- with respect to domestic clients on or before the 7th day following the date of our invoice (‘the due date”);
- a deposit may be required.
- we may invoice you by way of “payment claims” made pursuant to the Construction Contracts Act 2002 (“the Act”); and
- a 2.5% surcharge applies to payments made by credit card:
- interest may be charged on any amount you owe us after the due date at the rate of 2.5% per month or part month; and
- any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract, shall be payable by you; and
- you also agree that any invoice or “payment claim” may be served on you by email.
6. What happens when we give you a quotation?
6.1 When we give a quotation for products and services:
- unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
- the quotation will be exclusive of Goods and Services tax unless specifically stated to the contrary; and
- we reserve the right to alter the quotation because of circumstances beyond our control; and
- where products and services are required in addition to the quotation, or you request alterations, you agree to pay for the additional cost of such products and services and/or alterations; and
7. What security rights do we have?
7.1 Until you have paid us in full for all products supplied, we retain ownership of the products.
7.2 Until you have paid us in full for all products supplied, it is agreed that pursuant to the Personal Properties Security Act 1999, we have a security interest in all products supplied.
8. When are you responsible for the products and services?
8.1 We are responsible for the products until they are delivered to you.
8.2 Delivery to you is complete when we give the products directly to you or leave them on site. Thereafter you are responsible for insuring the products.
8.3 The time stated for delivery is an estimate only and we are not responsible for any delay in the delivery of the products.
9. Who owns the intellectual property rights?
9.1 You agree that we own and have copyright in all work, designs, drawings, systems, solutions, specifications, electronic data and documents that we have produced in connection with the products and services supplied by us.
10. What is the limitation on our liability?
10.1 The Fair Trading Act 1986, the Consumer Guarantees Act 1993 and other statutes or regulations may imply guarantees, warranties or conditions or impose obligations upon us that cannot by law be excluded.
10.2 However while we take every care with our workmanship and subject to clauses 10.1 and 10.2, if we are deemed to be liable to you for any loss or damage of any kind whatsoever, arising from the supply of products and services by us to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort (including our negligence) or otherwise, then it is agreed by you, that our liability is limited in its aggregate to the price of the products and services supplied.
10.3 We accept no responsibility or liability for the failure or malfunction of any product, part or component that you provide to us and which is intended to be part of the products and services being provided by us.
11. Does a personal guarantee apply?
11.1 If you are a company or the trustee of a trust:
- the director(s) or trustee(s) signing this contract, in consideration for us agreeing to supply products and services and grant credit to the company or the trust, also sign this contract in their personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment;
- any personal liability of a company director or trustee will not exclude the company or trust from the liabilities and obligations contained in this contract
12. What are you also agreeing to?
12.1 We are not liable for delay or failure to perform our obligations, if the cause of the delay or failure is beyond our control.
12.2 A manufacturer’s warranty applies when applicable.
12.3 On occasions we may outsource (contract out) part of the work required in producing the products and services. Any outsourcing costs will form part of our price for the products and services.
12.4 If we fail to enforce any of the terms and conditions contained in this contract it shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.
12.5 If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforce ability of the remaining terms and conditions shall not be affected, prejudiced or impaired.
12.6 These terms and conditions are subject to New Zealand law within New Zealand jurisdiction.