NZ MARINE TURBOCHARGERS LTD – TERMS & CONDITIONS OF SALE
The terms and conditions upon which NZ Marine Turbochargers Ltd (hereafter referred to as NZMT) shall supply goods and services, are set out as follows:
1. PAYMENTS AND ACCOUNTS
a. The applicant will pay NZMT for all goods supplied, or any other moneys due hereunder, on or before the 20th of the month following invoice unless otherwise stated.
b. In the event of the applicant failing to make payment as set out above, the applicant shall pay interest on the moneys due at 2% above the overdraft rate charged to NZMT by its banker, together with any costs, including solicitor’s fees, incurred by NZMT in recovery or attempted recovery of any moneys so due.
c. The applicant shall not be entitled to set off any sum or counterclaim against any amount due to NZMT for the goods and services supplied.
d. NZMT may require payment for all or part of the goods and services supplied prior to them being supplied.
2. EXCLUSION OF LIABILITY
a. NZMT and its employees, agents and subcontractors shall not be liable in contract, tort, under statute or otherwise for any loss or economic loss howsoever arising which is caused, contributed to, or was attributable to any defects or any negligent act or omission on the part of NZMT or its employees, agents and/or subcontractors except to an amount strictly limited in respect of all goods and services supplied by NZMT whether under this contract or otherwise to a total sum of the value invoiced for the goods and services or such sum as is payable under the Consumer Guarantees Act 1993.
3. CONSUMER GUARANTEES ACT 1993
a. It is acknowledged that where an applicant is acquiring the goods and/or services for the purpose of a business, the applicant and NZMT agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to the supply of goods and/or services by NZMT to such business applicants.
a. NZMT shall not be responsible or liable in any way to the applicant for delays or defaults in delivery of an order in any part or for any direct or consequential loss or damage arising therefrom.
b. All delivery expenses of goods supplied are at the applicant/s cost, unless otherwise specified.
5. RISK AND RESERVATION OF TITLE
a. The risk in any goods supplied by NZMT shall pass to the applicant upon those goods being delivered to the applicant’s premises or nominated address, unless otherwise specified.
b. Title and property of any goods and services supplied by NZMT shall remain with NZMT until the applicant has paid in full for the goods and services supplied.
c. In the event that goods supplied have been incorporated or changed into any other produce (“altered produce”) the applicant agrees that title and property in the altered product shall vest in NZMT until the applicant has paid in full for the goods supplied.
d. The applicant irrevocably grants NZMT a licence to enter onto the premises occupied by the applicant without notice and search for and remove any unpaid goods or unaltered products
a. NZMT shall be entitled to add to any price or quotation issued, all increases notified to NZMT including increases:
i. Due to tariffs, duties, imposts or other government charges imposed on goods and services supplied.
ii. Due to overseas freight charges.
iii. Due to exchange rate fluctuations.
iv. By any of its suppliers.
7. ADDRESS FOR SERVICE OF NOTICES
a. Any notice or demand given by NZMT to the applicant may be served by NZMT posting such notice to the applicant’s registered office or place of business as advised by the applicant in the applicant for credit account facilities, or at its normal place of business.