NZ Services Terms and Conditions of Sale/Service

A. All orders are deemed to have been made by the Customer and accepted by N Z Services upon and subject to these terms of trade, varied only by the terms of any quotation by N Z Services which preceded any such order, or by any express written terms agreed at the time of the order.

 B.  Prices

 B.01 Unless otherwise indicated prices are exclusive of Goods and Services Tax.

 B.02 Freight and Handling Fees are chargeable.   Special Requests for urgent deliveries will be chargeable to the     customer.

B.03 N Z Services will use all reasonable endeavours (subject to availability) to make the goods or equipment and/or services  available at the time requested by the Customer but will not be liable for any loss or damage incurred by reason of any failure to perform by that date.

C.  Payment

C.01 The Customer shall make payment in full without any deduction or withholding whatsoever on any  account by; Service & Sale of Hardware - the 20th of the month following invoice date. Parts Sales - strictly on or before 21 days from date of invoice.

C.02  N Z Services reserves the right to defer the delivery of goods and/or the provision of maintenance service without giving notice of such if and while any amounts remain overdue or any credit limit is exceeded and to charge interest on any overdue amounts at 10% above the then current lending rate of N Z Services bankers.  If debt collection or court action becomes necessary,  all costs will be charged to the customer.

C.03  All sums unpaid by the Customer shall become immediately due and payable in the event that the Customer fails to observe any of the terms of the contract or enters into a compromise arrangement with its creditors or becomes bankrupt or has a receiver appointed or suffers the presentation of winding up petition, or passes a resolution for its winding up.

D.  Property and Risk

D.01 The risk in respect of the Goods shall pass from N Z Services to the Customer at the earlier of the time when the Goods aredelivered or when N Z Services make an attempt to deliver the Goods on the date of request by the Customer to delay delivery.

 D.02  Notwithstanding any period of credit or the passing of risk in the Goods supplied by N Z Services to the Customer in accordance with Clause D.01 hereof, legal and beneficial ownership of the Goods and/or Services shall remain with N Z Services until payment is made for them.  

D.02a Until payment in full is made by the Customer for the Goods and/or Services,  the Customer shall account to N Z Services for the Goods and/or Services and any proceeds thereof,  and holds the Goods as agent for N Z Services and will, if required by  N Z Services, store the Goods in such a manner that they are clearly identifiable as the property of N Z Services.

D.02b  Until payment in full is made by the Customer for the Goods and/or Services,  the Customer shall not mix or affix the Goods  supplied by N Z Services with any other goods, without the consent of N Z Services.   

D.02c  Until payment in full for the Goods and/or Services supplied by N Z Services to the Customer has been made,  the Customer   hereby irrevocably gives N Z Services, its agents and servants leave and license (without the necessity for giving any notice) to enter on and into any premises occupied by the Customer where the Goods are stored to search for and to remove any of the Goods     supplied or in which N Z Services has ownership as aforesaid (if necessary after separating or severing the Goods from any other goods with which the goods have been mixed or affixed) without in any way being liable to the Customer or any person or company claiming through the Customer.

D.02d If the customer resells the goods or any of them before payment is made to N Z Services, for these goods,  the Customer shall hold the sale proceeds for and on account of N Z Services.

D.02e No claim in reference to the Goods and/or Services will be recognised unless such claim is made in writing within seven (7) days of delivery.

E.  Consequential Loss

No claim for damage direct or indirect against N Z Services in respect of any Goods (or in respect of any services such  as installation or maintenance supplied in relation to the Goods) shall in any case exceed the contract price of the goods in respect of which such damage shall arise.   N Z Services hereby expressly excludes tot he extent permitted by Law any liability for;

E.01 Consequential loss or damage caused by or arising out of the use of the Goods and/or Services or occurring in respect of the Goods or Services.

E.02 Loss or damage due to fair wear and tear and negligence or improper use, operation, storage or handling of, the use or operation of the Goods other than strictly in accordance with N Z Services's and/or the Manufacturer's instructions.

E.03 Loss, injury or damage (including consequential loss) arising from fire, accident, industrial dispute, civil  disturbance or any other act of accidental default interfering with the manufacture despatch or delivery of the Goods or beyond the control of N Z Services.

F.  Consumer Rights;

The Sale of Goods Act 1989, Hire Purchase Act 1971, Consumer Guarantees Act 1993, Commerce Act 1986, Fair Trading Act 1986 and other  statutes may imply warranties or conditions or imposing obligations upon N Z Services which  cannot by Law (or which can only to a     limited extent by law) be excluded or modified.  In respect of any such legally mandatory terms or conditions imposed on N Z Services, N Z Services's liability shall only apply to the minimum extent required by that statute or provision and those legal obligations shall be  restricted and modified so that only the legally essential obligations contained therein apply to any goods or services supplied by N Z Services.  If such statutory provisions nevertheless apply, N Z Services's liability thereunder shall be limited at its option to;

                F.01         The replacement of the Goods or the supply of equivalent goods;

                F.02         The payment of the cost of replacing the Goods or of acquiring equivalent goods;

                F.03         The repair of the Goods, or

                F.04         The payment of the cost of having the Goods repaired.

                F.05         It is a condition of the sale of all goods and services that the Consumer Guarantees Act 1993 will 

                                not apply to any goods or services acquired for business purposes.

 G.            Governing Law

                These Conditions of Sale and/or Service shall in all respects be governed by and construed with the Laws of New Zealand and in the event of a dispute arising,  any proceedings shall be held in Auckland.