Terms & Conditions (the legal guff)
All quotations and contracts shall be subject to the following conditions:
1. Application
1.1 These terms and conditions apply to the supply of any goods by Next Level Mobile Scaffolding unless specified otherwise in writing.
2. Prices
2.1 The price to be paid shall be according to any quotation submitted by Next Level Mobile Scaffolding to the purchaser. If no quotation has been submitted, the price shall be according to the price list in force at the time of dispatch of the goods. If neither of these apply, the price shall be as indicated on an invoice provided by Next Level Mobile Scaffolding upon completion of the order.
2.2 Prices quoted by Next Level Mobile Scaffolding shall be subject to adjustment, correction or withdrawal at any time before acceptance of the purchaser’s order by Next Level Mobile Scaffolding. Unless specified to the contrary, prices quoted are “ex
Next Level Mobile Scaffolding’s premises”, and freight will be charged where applicable. If GST is payable by the purchaser then it shall be payable in addition to the contract price, at such rate as may be required by law, unless it is expressly stated otherwise in writing.
3. Payments
3.1 Payment is to be made as per the terms stated on the Next Level Mobile Scaffolding invoice.
3.2 If the purchaser does not pay in accordance with this agreement, then interest shall be added to the unpaid amount, at the rate of 1.5% per month from the date the payment was due, until the date of actual payment. The purchaser shall also be liable to pay any costs incurred by Next Level Mobile Scaffolding incidental to the enforcement or attempted enforcement of its rights under the contract,
3.3 If as a result of the purchaser’s default in payment, a solicitor or debt collector is instructed by Next Level Mobile Scaffolding, the purchaser agrees to pay the solicitor or debt collector’s fees and disbursements and charge to Next Level Mobile Scaffolding in full.
4 Delivery
4.1 Next Level Mobile Scaffolding will do its best to comply with any delivery date agreed with the purchaser but shall not be liable for any delay or for consequential loss resulting from late delivery of goods or for loss or damage to goods after dispatch from Next Level Mobile Scaffolding’s store. Delivery is deemed to be complete when the goods have been uplifted by the purchaser or the purchaser’s agent or Next Level Mobile Scaffolding’s carrier.
4.2 Next Level Mobile Scaffolding accepts no responsibility for damage or loss in transit.
4.3 If Next Level Mobile Scaffolding is prevented from or is delayed in fulfilling Next Level Mobile Scaffolding's obligations under this agreement where such failure is directly or indirectly caused by or in any way arises or results from force majeure, Next Level Mobile Scaffolding may terminate this agreement by giving written notice to the purchaser. Force majeure shall include by way of example only, flood, earthquake, civil disturbances, war, war rationing allocation or embargoes, national strikes or labour shortages not peculiar to Next Level Mobile Scaffolding's property or acts of God or government or local or regional authorities or any branch or agency of them.
5 Insurance
5.1 Insurance for goods during delivery within NZ is the responsibility of the purchaser, even if Next Level Mobile Scaffolding arranges the carrier on the purchaser’s behalf. Insurance for all export shipments is automatically included where export freight is arranged by Next Level Mobile Scaffolding on behalf of the purchaser. This insurance will be on-charged to the purchaser.
6. Risk and Reservation of Title
6.1 Risk shall pass to the purchaser when the goods leave Next Level Mobile Scaffolding’s premises, even though that Next Level Mobile Scaffolding may arrange delivery or insurance cover. Next Level Mobile Scaffolding shall retain a Purchase Money Security Interest in all goods sold and delivered to the purchaser. Next Level Mobile Scaffolding may perfect its Security Interest by registering financing statement(s) pursuant to the Personal Property Securities Act 1999. The purchaser waives any right to receive verification of any financing statements so registered. If the purchaser fails to comply with Next Level Mobile Scaffolding’s terms of payment, Next Level Mobile Scaffolding shall have all rights and remedies as may be available to it, and Next Level Mobile Scaffolding or its authorized agent may enter upon any premises where the goods are situated and take possession of such goods. The purchaser shall fully indemnify Next Level Mobile Scaffolding for any claim and/or demand which may be brought in respect of such entry and taking of possession.
6.2 The purchaser agrees to provide all complete, accurate and up-to-date information as Next Level Mobile Scaffolding may reasonably require for registering a financing statement on the Personal Property Securities Register and shall provide not less than 14 days written notice of any proposed change in the purchaser’s name or other details.
7. Goods Warranty
7.1 Any warranty offered by Next Level Mobile Scaffolding is subject to the terms and conditions fully detailed in a separate warranty document. Next Level Mobile Scaffolding gives no undertaking or warranty that goods supplied are fit or suited for any particular purpose or process.
8. Limitation of Liability
8.1 Notwithstanding anything else expressed or implied in these terms and except where a statute requires otherwise, Next Level Mobile Scaffolding shall not be liable for
8.1.1 any injury to persons or damage to property or
8.1.2 any direct, indirect, consequential, financial or economic loss or damage to property or
8.1.3 any direct, indirect, consequential, financial or economic loss or damage in contract or in tort such as but not limited to loss of profits, loss of use, loss of power, costs of capital or costs of replacement production arising in any way whether as a result of negligence on the part of Next Level Mobile Scaffolding or its employees, agents or contractors or otherwise arising out of or resulting from the use of the goods whether directly or indirectly.
9. Consumer Guarantees Act 1993
9.1 As all goods and services supplied are for business purposes only, the statutory guarantees of the Consumer Guarantees Act shall not apply.
10. Return of Goods
10.1 Goods supplied in accordance with the purchasers order can only be returned with the express approval of Next Level Mobile Scaffolding.
10.1.1 Requests to return goods must be submitted within 10 days from date of supply and the original invoice number must be quoted.
10.1.2 Where goods are accepted for credit they must be delivered at the purchasers expense to Next Level Mobile Scaffolding in original condition.
10.1.3 Next Level Mobile Scaffolding reserves the right to levy a restocking fee against any returns they may agree to accept. Such fees may be up to 40% of the invoice price and levied at the absolute discretion of Next Level Mobile Scaffolding.
10.2 Goods specially imported, procured or manufactured on behalf of the purchaser can only be returned on such terms and conditions as Next Level Mobile Scaffolding may agree.
11. Cancellation
11.1 An order may not be cancelled by the purchaser after work has started in the manufacturing and/or assembly of goods without the written consent of Next Level Mobile Scaffolding. The purchaser shall reimburse Next Level Mobile Scaffolding for materials, labour and other incidental expenses that may have been incurred before the order was cancelled.
12. Specifications
12.1 The specifications of goods offered are approximate only. The goods supplied may not be identical to those offered or ordered but will be as similar to those offered or ordered as is reasonably possible.
13. Operation of Law
13.1 These conditions shall be construed, and the rights of the parties to this agreement shall be regulated by the Laws of New Zealand. The parties shall submit to the jurisdiction of New Zeland courts in the event of any dispute.
14. Bankruptcy of Insolvency
14.1 If at any time during the contract the purchaser becomes bankrupt or insolvent or commits any act of bankruptcy or assigns his or her estate for the benefit of his or her creditors and/or being a company be put into liquidation or be voluntarily wound up and/or have a receiver appointed the vendor reserves the right to cancel the contract and in addition to take such remedies against the purchaser for damages and/or other relief as may be available to the vendor.
15. Warranty
15.1 Each of the parties warrants that it has the power to enter into this agreement and has obtained all the necessary resolutions and approvals to do so.
16. Severance
16.1 If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, or indications to that effect are received by either of the parties from any competent authority, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in force and effect unless Next Level Mobile Scaffolding decides that the effect of such severance is to defeat the original intention of the parties in which case Next Level Mobile Scaffolding will be entitled to terminate this agreement by 30 day’s notice to the purchaser.
General
17.1 These terms and conditions shall apply to every contract and quotation between Next Level Mobile Scaffolding and the purchaser. The placing of a purchase order by the purchaser shall be deemed to imply acceptance by the purchaser of the general terms and conditions contained in this document.
17.2 Next Level Mobile Scaffolding reserves the right to review these terms and conditions at any time. In the event of change(s) being made, the change(s) will take effect from the date on which the purchaser is notified of such changes(s).
17.3 No warranties expressed or implied in law, trade, custom or otherwise and no representations, descriptions, conditions or statements are binding on Next Level Mobile Scaffolding unless set out in these terms.
1. Application
1.1 These terms and conditions apply to the supply of any goods by Next Level Mobile Scaffolding unless specified otherwise in writing.
2. Prices
2.1 The price to be paid shall be according to any quotation submitted by Next Level Mobile Scaffolding to the purchaser. If no quotation has been submitted, the price shall be according to the price list in force at the time of dispatch of the goods. If neither of these apply, the price shall be as indicated on an invoice provided by Next Level Mobile Scaffolding upon completion of the order.
2.2 Prices quoted by Next Level Mobile Scaffolding shall be subject to adjustment, correction or withdrawal at any time before acceptance of the purchaser’s order by Next Level Mobile Scaffolding. Unless specified to the contrary, prices quoted are “ex
Next Level Mobile Scaffolding’s premises”, and freight will be charged where applicable. If GST is payable by the purchaser then it shall be payable in addition to the contract price, at such rate as may be required by law, unless it is expressly stated otherwise in writing.
3. Payments
3.1 Payment is to be made as per the terms stated on the Next Level Mobile Scaffolding invoice.
3.2 If the purchaser does not pay in accordance with this agreement, then interest shall be added to the unpaid amount, at the rate of 1.5% per month from the date the payment was due, until the date of actual payment. The purchaser shall also be liable to pay any costs incurred by Next Level Mobile Scaffolding incidental to the enforcement or attempted enforcement of its rights under the contract,
3.3 If as a result of the purchaser’s default in payment, a solicitor or debt collector is instructed by Next Level Mobile Scaffolding, the purchaser agrees to pay the solicitor or debt collector’s fees and disbursements and charge to Next Level Mobile Scaffolding in full.
4 Delivery
4.1 Next Level Mobile Scaffolding will do its best to comply with any delivery date agreed with the purchaser but shall not be liable for any delay or for consequential loss resulting from late delivery of goods or for loss or damage to goods after dispatch from Next Level Mobile Scaffolding’s store. Delivery is deemed to be complete when the goods have been uplifted by the purchaser or the purchaser’s agent or Next Level Mobile Scaffolding’s carrier.
4.2 Next Level Mobile Scaffolding accepts no responsibility for damage or loss in transit.
4.3 If Next Level Mobile Scaffolding is prevented from or is delayed in fulfilling Next Level Mobile Scaffolding's obligations under this agreement where such failure is directly or indirectly caused by or in any way arises or results from force majeure, Next Level Mobile Scaffolding may terminate this agreement by giving written notice to the purchaser. Force majeure shall include by way of example only, flood, earthquake, civil disturbances, war, war rationing allocation or embargoes, national strikes or labour shortages not peculiar to Next Level Mobile Scaffolding's property or acts of God or government or local or regional authorities or any branch or agency of them.
5 Insurance
5.1 Insurance for goods during delivery within NZ is the responsibility of the purchaser, even if Next Level Mobile Scaffolding arranges the carrier on the purchaser’s behalf. Insurance for all export shipments is automatically included where export freight is arranged by Next Level Mobile Scaffolding on behalf of the purchaser. This insurance will be on-charged to the purchaser.
6. Risk and Reservation of Title
6.1 Risk shall pass to the purchaser when the goods leave Next Level Mobile Scaffolding’s premises, even though that Next Level Mobile Scaffolding may arrange delivery or insurance cover. Next Level Mobile Scaffolding shall retain a Purchase Money Security Interest in all goods sold and delivered to the purchaser. Next Level Mobile Scaffolding may perfect its Security Interest by registering financing statement(s) pursuant to the Personal Property Securities Act 1999. The purchaser waives any right to receive verification of any financing statements so registered. If the purchaser fails to comply with Next Level Mobile Scaffolding’s terms of payment, Next Level Mobile Scaffolding shall have all rights and remedies as may be available to it, and Next Level Mobile Scaffolding or its authorized agent may enter upon any premises where the goods are situated and take possession of such goods. The purchaser shall fully indemnify Next Level Mobile Scaffolding for any claim and/or demand which may be brought in respect of such entry and taking of possession.
6.2 The purchaser agrees to provide all complete, accurate and up-to-date information as Next Level Mobile Scaffolding may reasonably require for registering a financing statement on the Personal Property Securities Register and shall provide not less than 14 days written notice of any proposed change in the purchaser’s name or other details.
7. Goods Warranty
7.1 Any warranty offered by Next Level Mobile Scaffolding is subject to the terms and conditions fully detailed in a separate warranty document. Next Level Mobile Scaffolding gives no undertaking or warranty that goods supplied are fit or suited for any particular purpose or process.
8. Limitation of Liability
8.1 Notwithstanding anything else expressed or implied in these terms and except where a statute requires otherwise, Next Level Mobile Scaffolding shall not be liable for
8.1.1 any injury to persons or damage to property or
8.1.2 any direct, indirect, consequential, financial or economic loss or damage to property or
8.1.3 any direct, indirect, consequential, financial or economic loss or damage in contract or in tort such as but not limited to loss of profits, loss of use, loss of power, costs of capital or costs of replacement production arising in any way whether as a result of negligence on the part of Next Level Mobile Scaffolding or its employees, agents or contractors or otherwise arising out of or resulting from the use of the goods whether directly or indirectly.
9. Consumer Guarantees Act 1993
9.1 As all goods and services supplied are for business purposes only, the statutory guarantees of the Consumer Guarantees Act shall not apply.
10. Return of Goods
10.1 Goods supplied in accordance with the purchasers order can only be returned with the express approval of Next Level Mobile Scaffolding.
10.1.1 Requests to return goods must be submitted within 10 days from date of supply and the original invoice number must be quoted.
10.1.2 Where goods are accepted for credit they must be delivered at the purchasers expense to Next Level Mobile Scaffolding in original condition.
10.1.3 Next Level Mobile Scaffolding reserves the right to levy a restocking fee against any returns they may agree to accept. Such fees may be up to 40% of the invoice price and levied at the absolute discretion of Next Level Mobile Scaffolding.
10.2 Goods specially imported, procured or manufactured on behalf of the purchaser can only be returned on such terms and conditions as Next Level Mobile Scaffolding may agree.
11. Cancellation
11.1 An order may not be cancelled by the purchaser after work has started in the manufacturing and/or assembly of goods without the written consent of Next Level Mobile Scaffolding. The purchaser shall reimburse Next Level Mobile Scaffolding for materials, labour and other incidental expenses that may have been incurred before the order was cancelled.
12. Specifications
12.1 The specifications of goods offered are approximate only. The goods supplied may not be identical to those offered or ordered but will be as similar to those offered or ordered as is reasonably possible.
13. Operation of Law
13.1 These conditions shall be construed, and the rights of the parties to this agreement shall be regulated by the Laws of New Zealand. The parties shall submit to the jurisdiction of New Zeland courts in the event of any dispute.
14. Bankruptcy of Insolvency
14.1 If at any time during the contract the purchaser becomes bankrupt or insolvent or commits any act of bankruptcy or assigns his or her estate for the benefit of his or her creditors and/or being a company be put into liquidation or be voluntarily wound up and/or have a receiver appointed the vendor reserves the right to cancel the contract and in addition to take such remedies against the purchaser for damages and/or other relief as may be available to the vendor.
15. Warranty
15.1 Each of the parties warrants that it has the power to enter into this agreement and has obtained all the necessary resolutions and approvals to do so.
16. Severance
16.1 If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, or indications to that effect are received by either of the parties from any competent authority, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in force and effect unless Next Level Mobile Scaffolding decides that the effect of such severance is to defeat the original intention of the parties in which case Next Level Mobile Scaffolding will be entitled to terminate this agreement by 30 day’s notice to the purchaser.
General
17.1 These terms and conditions shall apply to every contract and quotation between Next Level Mobile Scaffolding and the purchaser. The placing of a purchase order by the purchaser shall be deemed to imply acceptance by the purchaser of the general terms and conditions contained in this document.
17.2 Next Level Mobile Scaffolding reserves the right to review these terms and conditions at any time. In the event of change(s) being made, the change(s) will take effect from the date on which the purchaser is notified of such changes(s).
17.3 No warranties expressed or implied in law, trade, custom or otherwise and no representations, descriptions, conditions or statements are binding on Next Level Mobile Scaffolding unless set out in these terms.
