STANDARD TERMS AND CONDITIONS OF TRADE
(a) Shower Solutions 2016 Limited accepts the client’s order and instructions on these terms and conditions (“the terms”) which terms (together with Shower Solutions 2016 Limited acceptance and quote sheet) constitutes the entire agreement between Shower Solutions 2016 Limited and the client (except to the extent that such terms are modified in writing and signed by both parties) and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. These terms may also be referred to as ‘terms of the appointment’.
(b) Any variation, waiver or cancellation of the terms shall be of no effect unless accepted in writing by Shower Solutions 2016 Limited.
(c) If any of these terms or part thereof are held to be invalid, illegal, unenforceable or void for any reason, all of the remaining terms (or part thereof) shall remain in full force and effect.
(d) The client agrees that in the event of default of settlement of any account due, the client shall pay upon demand, all reasonable costs, charges and legal expenses (including costs between solicitor and own client) including any collection costs incurred by Shower Solutions 2016 Limited in recovering the outstanding account from the client.
(e) Before any proposed stage of work begins, it is agreed that Shower Solutions 2016 Limited and the client have agreed the terms of the appointment, which may include but need not be limited to: (a) scope of work (b) allocation of responsibilities (c) any limitation of responsibilities (d) fee, or method of calculating it, and terms of trade (e) any provision for termination (f) any provision for professional indemnity insurance required for the specific work contemplated
2. PRICE AND TERMS OF PAYMENT
(a) Shower Solutions 2016 Limited prices are subject to alteration without notice and the price payable by the client for the Products ordered shall be the price agreed to between Shower Solutions 2016 Limited and the client (the quoted price) or in the absence of such agreement the price ruling at the date the Products are provided. The onus is on the client to confirm prices prior to each delivery. Quotations are given on the basis of immediate acceptance and are subject to the right of Withdrawal or revision.
(b) Fees may be calculated and divided by stage and agreed with the client before work progresses to each stage. Fees may either be fixed or variable depending on the stage. Interim invoices may be issued as work progresses. Shower Solutions 2016 Limited Mill advise the client of the estimated cost for each stage before such work commences.
(c) Shower Solutions 2016 Limited prices referred to in this contract and in any quotation ‘hitch’ may have formed the basis of this contract are exclusive of Goods and Services Tax (unless stated otherwise). The client shall pay Goods and Services Tax on the goods and/or services the subject of this contract, as invoiced by Shower Solutions 2016 Limited.
(d) All accounts are due for payment on the 7th day following the Products being provided.
(e) Without prejudice to its rights to sue for payment or exercise any other remedy where any payment is not made by the due date Shower Solutions 2016 Limited may:
Charge the client interest on the amount outstanding at the rate equal to 2.5% per month or pan month (accruing daily) from the due date of payment until payment is received by Shower Solutions 2016 Limited
but the charging of interest does not extend the time for payment nor imply any forbearance to sue or otherwise recover overdue monies.
(f) Demand payment of the arrears as well as payment in advance for any undelivered Products before proceeding the making any further delivery of Products under this contract.
Rescind this contract and the client shall not be entitled to demand or enforce delivery of any or installment of Products under this contract.
(g) Late payment will result in forfeiture of any discount offered. All monies received be applied against the oldest outstanding invoice.
3. DELIVERY OF GOODS AND SERVICES
(a) Where Shower Solutions 2016 Limited acknowledges an order, which provides for delivery by installments, Shower Solutions 2016 Limited shall be entitled to payment for each installment delivered (as if it were a separate contract) but failure to deliver any installment shall not entitle the client to repudiate the contract as to any remaining installments.
(b) Any quotations of service delivery times by Shower Solutions 2016 Limited are made in good faith but as estimates and not commitments. Shower Solutions 2016 Limited shall not be bound by such estimates.
(a) In the event that any part of the invoice is disputed the amount not under question shall be paid according to applicable payment terms. In the event of any dispute or difference arising out Of or in connection with this agreement, or the subject matter of this agreement, including any question about its existence, validity or termination, the parties shall refer such dispute to mediation by the Disputes Tribunal of New Zealand. Any claim or dispute arising here under which falls outside of the Disputes Tribunal’s jurisdiction shall be subject to arbitration in accordance with the Arbitration Act (1999) or any amendment thereto. The client waives the right to make any claim if not made within fourteen (14) days of Product delivery
(a) Ownership of all Products is retained by Shower Solutions 2016 Limited until full payment is received for all amounts owing (including any default interest pursuant to clause 2(e) and enforcement and legal costs pursuant to clause I(d)).
(b) Shower Solutions 2016 Limited shall be entitled forthwith to cancel the client’s rights under these terms by notice to the client if the client defaults in payment on the due date, time for which is strictly of the essence or fails to comply with any of these general conditions or any terms of any particular contract of sale between Shower Solutions 2016 Limited and the client, or if Shower Solutions 2016 Limited receives any information which, in the opinion of Shower Solutions 2016 Limited, indicates uncertainty as to the client’s ability to meet its financial commitments. The right of cancellation under this clause is in addition to any other right of cancellation Shower Solutions 2016 Limited may have whether pursuant to these terms or any particular contract of sale, or any statute or at common law or in equity.
(c) If cancellation occurs pursuant to clause 7(e), or upon cancellation pursuant to any other right, the client hereby gives Shower Solutions 2016 Limited irrevocable authority, without prejudice to any other rights or remedies of Shower Solutions 2016 Limited, to give notice to any third party of Shower Solutions 2016 Limited rights pursuant to these terms and of the exercise of any of Shower Solutions 2016 Limited rights or remedies and the client shall have no claim against Shower Solutions 2016 Limited for any loss, direct or indirect, suffered by the client as a consequence of such notice being given by Shower Solutions 2016 Limited.
6. COMPANY’S LIABILITY AND WARRANTY
(a) The client shall ensure that the Products ordered are fit and suitable for the purpose for which they are required and Shower Solutions 2016 Limited is under no liability if they are not. Further, the client shall ensure all information provided to Shower Solutions 2016 Limited is accurate and reliable and Shower Solutions 2016 Limited shall be entitled to rely on such without reservation or need to independently verify such.
(b) Any advice, recommendation, information, assistance or service (“client information”) provided by Shower Solutions 2016 Limited in relation to the agreement is given in good faith and is believed to be appropriate and reliable. Any client information provided and any statements or representations made by Shower Solutions 2016 Limited in relation to any Products supplied by Shower Solutions 2016 Limited are provided or are made without liability or responsibility on the part of Shower Solutions 2016 Limited and this provision precludes any court from enquiring or determining the questions referred to in Section 4 of the Contractual
Remedies Act 1979.
(c) The client’s rights under this contract are not assignable without the prior written consent of Shower Solutions 2016 Limited.
(d) Shower Solutions 2016 Limited shall not be liable for any loss or damage suffered by the client during the term of the contract or subsequently whether caused by negligence or otherwise, and whether the cause of damage or loss is known or unknown to Shower Solutions 2016 Limited.
In lieu of any warranty, condition or liability implied by law (and to the maximum extent permitted by law), Shower Solutions 2016 Limited’s liability for any loss, injury or damage to the client is limited to the value of the fees accrued under the contract, or $20,000.00, whichever is the lesser. The client hereby acknowledges and agrees that this is the maximum level of indemnity available from Shower Solutions 2016 Limited. Shower Solutions 2016 Limited may hold professional qualifications and memberships, however all Products provided under this agreement are subject to the liability limits described in these terms.
(g) Shower Solutions 2016 Limited on occasion may offer recommendations or suggestions as to other parties and professionals. Shower Solutions 2016 Limited shall not be liable for any loss or damage suffered by the client due to these parties acts or omissions, should the client choose to engage their goods or services.
(h) Shower Solutions 2016 Limited WII repair or replace all Products, other than fuses, that have been installed by them which fail or are proven to be faulty under normal conditions of use within 12 months from the date of installation.
For Products not manufactured by the Shower Solutions 2016 Limited, the warranty shall be the applicable warranty provided by the manufacturer of those Products. Shower Solutions 2016 Limited Shall not be bound by, nor be responsible for, any term, condition, representation or warranty other than that which is given by the manufacturer of the specific Goods.
(j) Where possible. Shower Solutions 2016 Limited will include the cost of labour incurred in replacing any faulty Products, subject to the limits of the specific manufacturer’s warranty relating to those Products.
(k) Where a manufacturer’s warranty may include the cost of labour incurred in replacing any faulty Products, that labour may be included provided that in fulfilling this warranty Shower Solutions 2016 Limited is not required to operate beyond the warranty terms of its suppliers
7. FORCE MAJEURE
(a) Shower Solutions 2016 Limited shall not be liable to the client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the Products and/or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a Government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or delay in transportation or any other cause beyond Shower Solutions 2016 Limited’s control.
8. CONSUMER GUARANTEES ACT
(a) The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the client acquires Products from Shower Solutions 2016 Limited for the purpose of business.
9. APPLICABLE LAW
(a) These terms are governed and construed in accordance with New Zealand law.
10. PRIVACY ACT 1993
The client and any person signing these terms hereby consents to Shower Solutions 2016 Limited making enquiries of and obtaining information (whether such information is personal, confidential, privileged or recorded in a material form or other) from any person whatsoever in relation to the financial standing and credit worthiness of the client and any of its signatories. The client and the signatories hereby request and authorise such persons to provide such information and agree that Shower Solutions 2016 Limited may also supply such information either obtained by such enquiries or in any other manner whatsoever, to any other person who in Shower Solutions 2016 Limited’s sole opinion has a legitimate interest in such information.
11 . INSURANCE
(a) Shower Solutions 2016 Limited may maintain sufficient pubic liability insurance as to be insured against all reasonable costs of providing the Products hereunder, during the term of this contract and subsequently for such period as is legally required.