Payment Terms

A 50% deposit is payable immediately once an order is made. The balance is payable on or by the date of installation. Payment of the balance can be made by cheque or cash to the installer on arrival. Payment of the deposit must be cash or cheque. All goods must be paid for in full by or on the installation date. Payment will be require if installation is not complete within 6 weeks after the date of the invoice (provided that if the delay is not customer's fault (as determined by the Company, in its discretion), payment will only be require at the date of installation).

Terms of Trade

1. TITLE

1.1 Title to and ownership of goods delivered or laid by the Company remain with the Company until all indebtedness of the Customer to the Company as been repaid in full. These terms of payment apply to all purchases by the Customer from the Company. The balance owing of any purchase by the Customer from the Company shall become immediately due and payable upon the appointment of a receiver, administrator, liquidator, or the Official Assignee to the Company or all or any of its assets, or the sale and/or transfer of any property in which the goods are situated or upon the sale and /or transfer of the goods regardless of whether such date is an earlier date that the date which would normally have applied under these terms of sale had none of the aforementioned events taken place.

1.2 As the Customer's agent, the company may enter the premises where the goods are stored or installed, or where the Company reasonably believes the goods are stored or installed, and remove them. The Company shall not be responsible for any damage caused in entering the premises and removing the goods. The Customer indemnifies the Company for any costs of or incidental to, or any claim made against the Company as a result of removing the goods. The Customer is liable for all costs incurred by the Company (including transport and storage charges) associated with entering the premises and removing the goods. If the company repossesses the goods, it may resell any of the goods and apply the proceeds of sale in reduction of the Customer's indebtedness to the Company.

1.3

  1. The Customer acknowledges the terms of the Personal Property Securities Act 1999 ("PPSA") will apply to all goods supplied or installed by the Company in New Zealand to the Customer.
  2. The Customer agrees:
    1. that the Company may register a financing statement(s) on the Personal Property Securities Register ("PPSR") to perfect its security interest as an unpaid suppler of goods delivered or be delivered to the Customer;
    2. to complete the attached Debtor Details schedule and provide any other assistance and information and do all such things requested by the Company as the Company considers necessary or desirable to enable it to register a financing statement on the PPSR and obtain a first ranking security interest in the goods;
    3. To indemnify the Company for any costs incurred by the Company in enforcing paragraphs (i) or (ii) above;
    4. to waive its right to a verification certificate under s148 of the PPSA;
    5. that the following sections of the PPSA will not apply: 114(i)(a), 116 117(i)(c),119 120(2), 121, 125, 126, 127, 129, 131, 132, 133 and 134.
  3. The Customer agrees not to change its name without notifying the Company in writing of the Customer's intention to change its name at least 10 business days prior to doing so.

1.4 Should the Customer sell goods supplied by the Company before full payment of all monies owing by it to the Company has been made, the proceeds of the sale are deemed to be held in trust by the Customer for the Company and shall be placed in a separate bank account for the benefit of the Company and shall be applied immediately in reducing any monies owing to the Company.

1.5 If while the Customer is indebted to the Company, any goods supplied or installed by the Company are incorporated in the manufacture or construction of other goods, buildings, or commodities, the Company's goods remain the property of the Company until full payment has been made and the proceeds of the sale of the other good shall be dealt with as under clause 1.4.

1.6 Risk in goods will pass at the time of delivery of the good from the Company to the Customer. Whilst the Customer is indebted to the Company, any goods sold and /or supplied by the Company to the Customer shall be fully insured, safely stored by and at the expense of the Customer, and the Customer shall ensure that the goods are segregated from other goods and identified clearly as the Company's property.

1.7 The above terms binds the Customer, the Customer's executors, administrators, successors and assignees, all other persons who claim through the Customer, and any other parties in possession of such goods supplied by the Company whether with the Customer's authority or not.

1.8 Any costs levied by debt collection agency in relation to the recovery or indebtedness of the Customer to the Company will be payable by the Customer.

1.9 The above terms, and conditions form part of this contract and any further contracts between the company and the Customer, whether specifically incorporated or not.

2. PAYMENT TERMS

A 50% deposit is payable immediately once an order is made. The balance is payable on or by the date of installation. Payment of the balance can be made by cheque or cash to the installer on arrival. Payment of the deposit must be cash or cheque. All goods must be paid for in full by or on the installation date. Payment will be require if installation is not complete within 6 weeks after the date of the invoice (provided that if the delay is not customer's fault (as determined by the Company, in its discretion), payment will only be require at the date of installation).

3. QUOTED PRICE

Unless specifically included in the quoted price, price does not include removal of existing guttering, brackets or downpipes or the hireage of scaffolding for excessive high roof lines (as deemed by the Company).

4. CANCELLATION

A cancellation fee of 10% will apply plus any cancellation fee from the manufacturers of the goods for any cancellation before any guttering has been cut by the manufacturer. After it has been cut guttering and downpipes (if applicable) must be paid for in full, however the installation component of the purchase order may be cancelled without charge.

5. DISPUTE RESOLUTION

This agreement is governed by the laws of New Zealand. If any dispute should arise and the value of that dispute does not exceed $12,000 then it is agreed that the dispute will be referred to the Disputes Tribunal (or its replacement tribunal).

6. PRIVACY NOTICE

The Customer authorizes us (the Company) under the Privacy Act 1993 to seek and obtain any information concerning their (the Customer's) credit or business standing from, and direct us to supply such information to, any other person, including any credit agency, and the customer direct any such person to supply such information to us (the Company) or receive and record such information from us (the Company). The entire Customer's personal information held by us (the Company) will be retained at our business premises where it can be inspected and corrected by the Customer.