1. DEFINITIONS:
1.1 “Affordable Garage Carpet” shall mean Affordable Garage Carpet Limited, or any agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods or services from Affordable Garage Carpet.
1.3 “Goods” shall mean all goods; chattels supplied by Affordable Garage Carpet to the Customer.
1.4 “Services” shall mean all services provided by Affordable Garage Carpet to the Customer and shall include without limitation the provision of all services and supplies, any charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by Affordable Garage Carpet to the Customer.
1.5 “Price” shall mean the cost of the goods or services as agreed between Affordable Garage Carpet and the Customer subject to clause 4 of this contract.
2. ACCEPTANCE
2.1 Any instructions received by Affordable Garage Carpet from the Customer for the supply of Goods or Services shall constitute acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Affordable Garage Carpet to collect, retain and use any information about the Customer for the purpose of assessing the Customer’s credit worthiness and for debt collection purposes. The Customer authorises Affordable Garage Carpet to provide any information about the Customers credit position to any persons who may seek that information.
3.2 The Customer agrees that any information collected by Affordable Garage Carpet about the Customer may be used by Affordable Garage Carpet in the course of its business, for example to market any goods and services provided by Affordable Garage Carpet to any other party.
3.3 Where the Customer is a natural person: the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993; and the Customer may access and request the correction of any personal information which Affordable Garage Carpet holds about the Customer.
4. PRICE
4.1 Where no price is stated in writing or agreed to orally the Goods or Services shall be deemed to be sold at the current amount as such goods are sold or provided by Affordable Garage Carpet at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond the control of Affordable Garage Carpet between the date of the contract and delivery of the goods or providing of the services, as the case may be.
5. PAYMENT
5.1 Payment for all goods and services shall be made in full on day of install.
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Affordable Garage Carpet in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 Payment can be made by the following methods, eftpos, cash, credit card (3% surcharge applies), cheque or paid directly into our bank account ANZ - 06-0199-0989070-00 using the invoice or quote number as the reference.
6. QUOTATION
6.1 Where a quotation is given by Affordable Garage Carpet for goods or services:
- 6.1.1 The quotation shall be valid for 90 days from the date of issue; and
- 6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
6.2 Where goods or services are required in addition to the quotation the Customer agrees to pay for the additional cost of goods or services.
7. RISK
7.1 Risk in any Goods agreed to be supplied to the Customer passes from Affordable Garage Carpet to the Customer upon the Goods leaving the premises of Affordable Garage Carpet for delivery to the Customer, even if title has not yet passed to the customer.
7.2 If the Customer chooses to use their own carrier for collection of Goods, the Goods will be deemed to have been delivered to the Customer at the time of leaving the premises of Affordable Garage Carpet. The Customer accepts that at the time of collection of the Goods from Affordable Garage Carpet premises, the Customer will be liable for any loss or damage to the Goods during the process of delivery. Affordable Garage Carpet will not accept responsibility or liability for any loss or damage that may result from the Customer arranging their own carrier.
7.3 If the Customer is in default of their obligations Affordable Garage Carpet, Affordable Garage Carpet may decline to deliver goods to the Customer.
8. TITLE
8.1 Title in all Goods that Affordable Garage Carpet supplies to the Customer remains with Affordable Garage Carpet until full payment for the Goods has been received.
8.2 Until title in the Goods passes to the Customer, the Customer will hold the Goods as bailee and will not transfer possession of them or create any interest in them for the benefit of any third party.
8.3 If the Goods are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with Affordable Garage Carpet until the Customer has made payment for all Goods, and where those Goods are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall deemed to be assigned to Affordable Garage Carpet as security for the full satisfaction by the Customer of the full amount owing between Affordable Garage Carpet and Customer.
8.4 Customer grants to Affordable Garage Carpet or its agents and employees a licence to enter onto the Customer’s premises (or the premises of any associated company or agent) to take possession of any of the Goods to which Affordable Garage Carpet has title. The Customer releases and indemnifies Affordable Garage Carpet and its agents and employees in respect of any liability arising from the exercise of any rights under the licence. If in breach of these terms, the Customer purports to sell
any Goods belonging to Affordable Garage Carpet, then the Customer must keep the proceeds of the purported sale in a separate identifiable account and hold them on trust for Affordable Garage Carpet until it has been paid in full. The Customer must pay all amounts owed to Affordable Garage Carpet from such proceeds, on demand.
8.5 The Customer indemnifies Affordable Garage Carpet in respect of all costs it reasonably incurs and liability it incurs in the exercise of rights to recover goods belonging to it.
9. PPSA Security Interest
9.1 The Customer grants to Affordable Garage Carpet a Security Interest in all present and after acquired goods supplied or to be supplied by Affordable Garage Carpet and any proceeds of sale of the goods as security for all of the Customers obligations to Affordable Garage Carpet. Where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired building products, of which the goods form part, to the extent required to secure the Indebtedness.
9.2Affordable Garage Carpet may register a Financing Statement to perfect its security in the Goods in accordance with the Personal Property Securities Act 1999 (‘PPSA’). The Customer shall, at its own expense, provide all information and execute or arrange for execution of all documents and do all things that Affordable Garage Carpet may require to ensure that it has a perfected first ranking security interest in the Goods under the PPSA.
9.3 The Customer shall not change its name without first notifying Affordable Garage Carpet of the new name not less than 7 days before the change takes effect to enable Affordable Garage Carpet to register a financing change statement if required.
9.4The Customer warrants that the Goods are not purchased for use primarily for personal, domestic or household purposes.
9.5 Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by Affordable Garage Carpet in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where Affordable Garage Carpet applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata. Until the Customer has paid all money owing Affordable Garage Carpet the Customer shall at all times ensure that:
- 9.5.1 the Goods supplied by Affordable Garage Carpet, while in the Customer’s possession, can be readily identified and distinguished; and/or
- 9.5.2 All Proceeds (in whatever form) that the Customer receives from the sale of any of the Goods are readily Identifiable and Traceable.
9.6 Where the Goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer’s business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the Goods in the ordinary course of the Customer’s business. Otherwise, until the Customer has paid all money owing to Affordable Garage Carpet, the Customer shall not sell or grant a Security Interest in the goods without Affordable Garage Carpet written consent.
9.7 For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of the PPSA.
10. RETURN OF GOODS
10.1 The Customer shall be deemed to have accepted the Goods unless the Customer notifies Affordable Garage Carpet otherwise within 48 hours of delivery of the goods to the Customer.
10.2 No Goods will be accepted for return by Affordable Garage Carpet without prior approval.
11. LIABILITY
11.1 Except as otherwise provided by statute Affordable Garage Carpet shall not be liable for:
- 11.1.1 Any loss or damage of any kind whatsoever whether suffered or incurred by the Customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by Affordable Garage Carpet to the Customer and without limiting the generality of the foregoing of this clause Affordable Garage Carpet shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and
- 11.1.2Except as provided in this contract Affordable Garage Carpet shall not be liable in contract, or in tort, or otherwise for any loss, damage, or injury beyond the value of the goods or services provided by Affordable Garage Carpet to the Customer; and
- 11.1.3 The Customer shall indemnify Affordable Garage Carpet against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Affordable Garage Carpet or otherwise, brought by any person in connection with any matter, act, omission, or error by Affordable Garage Carpet its agents or employees in connection with the goods or services.
12. CONSUMER GUARANTEES ACT
12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires goods or services from Affordable Garage Carpet for the purposes of a business in terms of section 2 and 43 of that Act.
13. WARRANTY
13.1 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to Goods or Services except where goods are supplied or services provided pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract.
13.2 The relevant warranty provided by Affordable Garage Carpet for products supplied and the conditions that apply to that warranty, are set out in the current technical literature for each product, or on the Affordable Garage Carpet (or Affordable Garage Carpet’s suppliers) website/s. The Warranties and their conditions are deemed to form part of these Terms and Conditions.
14. MISCELLANEOUS
14.1 The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of Affordable Garage Carpet.
14.2 Affordable Garage Carpet shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
14.3 Failure by Affordable Garage Carpet to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Affordable Garage Carpet has under this contract.
14.4The law of New Zealand shall apply to this contract except to the extent expressly negotiated, agreed or varied by this contract.
14.5 Where the terms of this contract are at variance with the order or instruction from the Customer, this contract shall prevail.
14.6 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.7 Any dispute between the parties is to be dealt with in accordance with the Arbitration Act 1996
