“Terms” means the terms and conditions of sale set out in this document and unless this context otherwise requires, includes any special terms and conditions agreed in writing between you and CHRIS ODLUM ELECTRICAL LTD.
“Contract” means this contract for the sale and purchase of goods and services under this agreement.
“Works” means the goods and services CHRIS ODLUM ELECTRICAL LIMITED supplies in accordance with these terms.
“We and us” means CHRIS ODLUM ELECTRICAL LIMITED.
“Writing” includes fax and email communication.
“You” means the person or organisation whose order for the goods or services is accepted by us.
We agree to sell and you agree to buy the works described overleaf, or as agreed on a charge out invoice. No variation to the contract is binding unless agreed in writing by an authorised representative. You agree that any advice, information or assistance provided by our employees to you is given without liability unless provided in writing by our authorised representative and you agree that you will not rely on any unconfirmed representation. You must satisfy yourself as to the suitability for your needs of the works.
2.PRICE AND QUOTATIONS
2.1Prices exclude GST unless otherwise stated.
2.2Quotations are not binding on us unless in writing and signed by our authorised representative. Prices quoted are valid only for the period stated in the quotation provided. Where no period is stated the period shall be 30 days from and including the date of quotation.
2.3 We may withdraw the quotation at any time prior to giving our written acceptance of the order.
2.4 You are responsible for all additional costs incurred by us as a result of any change requested by you to the works.
You must pay the price of the works and any additional sums agreed between you and us or which in our discretion are required as a result of your instructions or lack of instructions or any other cause attributable to you plus GST, if any to us within 30 days of the date of our invoice unless otherwise agreed in writing. If you do not pay in full after three consecutive months we may refer your account to a collection agency. All associated costs and expenses, including solicitors costs and court costs, will be added to the amount due and become payable by you. We are entitled (without limiting any other rights we may have) to charge penalty interest on any unpaid amounts at 2.5% over and above the prevailing ANZ Bank overdraft rate per month or part month each month after the payment date until the outstanding amount is paid in full. Where you dispute any amount, you must provide us with written notice within 10 days of the date of our invoice.
4.WARRANTIES AND LIABILITIES
4.1 While we endeavor to provide higher quality goods and use the highest quality of care and skill to provide the works, all warranties, conditions or other terms implied by law, including the Sale of Goods ACT 1908 and the Consumer Guarantees Act 1993 and the Fair Trading Act are expressly excluded to the fullest extent permitted by Law.
4.2 Where any legislation makes void or prohibits a provision excluding or modifying a supplier’s liability under such a condition or warranty, such condition or warranty will be deemed to be included in these terms provided that our liability will be limited at our option to any of the following, pursuant to our Warranty document which can be found on our website:
a)the replacement of the goods: or
b)the supplying of equivalent goods or services; or
c)the repair of the goods or services.
4.3 We do not give any warranty, guarantee or other term as to the quality, fitness for purpose or otherwise, of any third party goods but agree to assign the benefit of any warranty, guarantee or indemnity given to us by the relevant manufacturer to you.
4.4 You acknowledge that where you are purchasing the works for the purpose of a business, the Consumer Guarantees Act 1993 does not apply. We will not be liable to you for any losses arising out of or in connection with the works (whether caused by our negligence or otherwise) and our entire liability under or in connection with the contract will not exceed (at our option) the price or replacement of the works or the repair of the goods (as appropriate). We will not be liable to you or deemed to be in breach of the contract by reason of any delay and performing or failure to perform our obligations in relation to the works where that delay or failure was due to any cause beyond our reasonable control.
5.RETENTION OF TITLE
Until payment is received in full the goods remain our property and will be held by you as bailee indemnifying us against any losses in respect of the goods, provided that if any of the goods become incorporated into and part of other goods, we will have an undivided interest in the legal title to the other goods equivalent to the price of the goods plus any other money owing to us. You give us your irrevocable licence to enter upon and, if necessary, break into any property or building where the goods may be, or may reasonably be expected to be, located and take possession of the goods and remove them without notice to you without being in any way liable to you or anyone claiming under you for doing so. You grant to us a security interest in the goods and any after acquired property including proceeds thereof until payment has been made in full for the goods. You agree to further provide any information and enter into any further documentation required to enable the perfection of our security interest in the goods pursuant to the Personal Property Securities Act 1999 (“PPSA”). The parties contract out of the part of the PPSA so that the rights and obligations contained in sections 114, 125, 129, 132, 133 and 134 do not apply between the parties. You waive your rights under sections 121 and 131 of the PPSA and your right under section 148 to receive any financing statement or financing change statement from us.
You agree that any information provided to us by you in accordance with this contract and pursuant to this contract may be used by us and disclosed to any third party for the purposes of processing your credit application providing credit references upon request by you or for our proper business and marketing purposes. You have the right at any time to access your information and to request an update or correction of your information.
7.CHANGES TO WORK
We may at any time without notice to you make changes to the works which are necessary to comply with any applicable safety or other statutory requirements which do not materially affect the nature or quality of the work.
References to any legislation will be to that statue, regulation, etc,, as amended from time to time. Headings are for convenience and will not affect the interpretation of these terms. If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question will not be affected. No failure or delay by either party in exercising any of its rights under this contract shall be deemed to be a waiver of that right, nor considered to be a waiver of any subsequent breach of the same or other provisions. Any dispute arising under or in conjunction with these terms or the contract will be referred to arbitration by a single arbitrator appointed by agreement or nominated by the President for the time being of the Waikato Bay of Plenty District Law Society. This contract is governed by the laws of New Zealand Courts. Any notice required to be given to a party shall be given to the address specified overleaf.