The following terms and conditions shall be deemed to be incorporated in and to form part of every quote given by Hale Manufacturing Ltd unless these terms are expressed, altered or modified in writing in the body of the quotation.
PARTIES:
Hale Manufacturing Ltd shall be called the seller, and the other party or parties to the contract shall be called the Buyer.
PRICE ESCALATION:
1, EVERY quotation shall be based on rates and conditions current at the date of quotation with respect to:-
(a) Price and materials.
(b) Standard hours of work.
(c) Labour Conditions.
(d) Awards and marginal rate.
(e) Freight.
(f) Exchange and other charges.
Any variation in any of the preceding items or any other factors beyond the control of the seller which affect the cost of production or delivery or both of these will be debited or credited to the buyer’s account. Every quotation is for the quantity and quality of the goods stated therein and does not necessarily apply to future requirements.
ACCEPTANCE:
2, EVERY quotation shall remain open for a period of 90 days from the date hereof. Unless within the period the quotation is expressively accepted in writing by the buyer he shall be deemed at the end of such period to have rejected the quotation. At any time prior to receipt by Seller or written acceptance by the Buyer the seller may withdraw the quote by notice in writing to the buyer.
PAYMENT:
3,
(a) PAYMENT of all goods and services for account holders strictly 20th month following purchase.
(b) Method of payment as detailed at the time of sale unless otherwise arranged.
(c) That under the terms of the privacy Act (1st July 1993) that you authorise any person or company to provide us with such information as we may require in response to our credit enquiries. That you authorise us to furnish to any third party, details of this application and any subsequent dealings that you may have with us as a result of this application being actioned by us.
(d) That you undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay interest on any outstanding amount at the rate of 2% per month and to indemnify us and pay collecting costs and expenses on a solicitor/client basis which we may incur recovering from you on any overdue account. Debt Collection fees by third party collection agency incur 25% additional cost.
LICENCES:
4, EVERY quotation is conditional upon the seller being able to secure Government licences, permits and other authorities (whether in New Zealand or overseas) essential to the performance of its obligations under this contract.
MATERIALS:
5, EVERY quotation is conditional upon the availability of materials at the time of required by seller.
NON FULFILLMENT OF CONDITIONS PRECEDENT:
6, In the event of the seller being unable to fulfil or arrange compliance with any conditions precedent to this completion of the contract by the seller and in particular the conditions precedent referred to in Clause 4 and 5 hereof then any conditional contract which may have been concluded between the buyer and the seller on the basis of these conditions and a quotation supplied in conjunction with these conditions shall be voidable at the option of either party by notice in writing to the other party and on any contract so becoming void any deposit paid by the buyer shall be refunded to him by the seller in full and neither party shall have any right or claim against the other party. The seller shall not be obligated or liable to make re-imbursement or compensation payment to the buyer for any loss contingent or otherwise (notwithstanding the manner in which it may arisen) sustained by the buyer and arising out of any reliance he may have placed upon any such conditional contract prior to receipt by the buyer or written notice from the seller that al conditions precedent to be satisfied by the seller have been fulfilled.
INSTALLATION:
7, WHERE the cost of installation or erection are included in the quotation, the buyer shall give the seller access to the site and shall provide proper facilities for carrying out the work within a reasonable time after acceptance of the quotation. Installations are quoted for standard working hours only. After Hours work will incur additional cost, unless allowed for in original quotation.
COMPLETION:
8, THE seller will at all time bear the sole responsibility of insuring their own property.
DELIVERY:
9, DELIVERY, when included in the quotation, shall be made only in the manner specified by the seller, and thereafter, goods are at the buyer’s risk.
INSURANCE:
10, THE buyer shall at all times bear the sole responsibility of insuring their own property.
WARRANTY:
11, THE seller warrants that he will indemnify the Buyer for 2 years against faulty materials and workmanship, PROVIDED HOWEVER, that such indemnity shall specifically exclude any such defect which in the seller’s sole opinion arise from fair wear and tear misuse neglect or accident. Where any goods though supplied by the seller are not manufactured by the seller the buyer will be entitled only to benefit of any guarantee or warranty given to the seller by the manufacturer of such goods.
EXCLUSION OF ANY IMPLIED WARRANTY:
12,
(a) The only warranty given by the seller shall be as set out in clause 11 hereof and any other condition or warranty as to date of delivery, quality and/or fitness of goods for any specific purpose shall be specifically excluded unless incorporated in the quotation and referred therein as having the effect of partially negativing the provisions of the clause.
(b) Except as herein before provided or as expressly negatived in the quotation by reference to this clause the seller shall not be liable for (notwithstanding the manner in which it may have arisen) any consequential loss (including retention or loss of profits) arising from any breach of this contract or resulting from defective material, negligent workmanship, nonfulfilment of technical claims performance or for accidents or damage to person or property or for failure to deliver or complete within a time stated.
CLAIMS:
13, ALL claims in connection with this quotation shall be in writing and must be received by the seller with 14 days from the date of delivery after which time the seller may refuse to accept or acknowledge any claim.
VERBAL INSTRUCTIONS:
14, THE seller (or any agent of the seller) shall not be liable for any errors or omissions that may arise as a result of any misinterpretation of the buyers verbal instructions.
ARBITRATION:
15, IF any dispute arises as to the meaning or construction of any clause or provision in this or any accompanying documents such dispute shall be referred to the arbitration of a single arbitrator agreeable to both parties or failing such agreement then pursuant to the provisions of the arbitration Act, or any Act passed in substitution therefore.