Cash or Electronic Sale Terms
1. Definitions
1.1 “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the
Customer requesting the vendor to provide the Works
1.2 “Contract” means the terms and conditions contained herein,
1.3 “Payment” means either cash received by the vendor or electronic payments cleared into the Vendor’s bank account.
1.4 “Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable for the Works as invoiced by the Vendor.
1.5 “Vendor” means Lyall Bay Investment Ltd trading as Fast Flashingz.
1.6 “Works” means all Works (including consultation, manufacturing and/or installation services) or Materials
supplied by the Vendor to the Customer.
1.7 “Worksite” means the Vendors Workshop or the address nominated by the Customer to which the Customer has requested the Works be undertaken or delivered.
1.8 “Workshop”means the Vendors workshop at Unit 16, 68-74 Kingsford Smith Street, Lyall Bay Wellington.
2. Acceptance
2.1 The Customer is taken to have exclusively accepted and is immediately bound, by these terms and conditions if the Customer places an order for or accepts delivery of any Works from the Vendor.
3. Price and Payment
3.1 At the Vendor’s sole discretion, the Price shall be either;
a. As indicated on invoice provided be the Vendor to the Vendor to the Customer in respect of the Works
performed or Materials supplied; or
b. The Vendor’s quoted Price which shall be binding upon the Vendor provided that the Customer shall accept the Vendor’s quotation in writing within thirty (30) days.
c. The Vendor reserves the right to change the price if a variation to the materials or design of the works to be supplied is requested by the Customer.
3.2 At the Vendor’s sole discretion, a non-refundable deposit may be required from the Customer prior to the works being undertaken.
4. Delivery of works
4.1 the Vendor shall not be bound to deliver the Works. In the event the vendor agrees to deliver the works to the Customer the delivery will be undertaken at the Vendors discretion and the Customers cost chargeable prior to delivery.
5. Payment Terms
5.1 Time for payment for the Works shall be immediately upon pickup of the Works by the Customer or prior to delivery of the Works by the vendor or the Vendor’s agent, time being of the essence.
5.2 When payment is due full Price of the Works will be immediately payable by the Customer to the Vendor without deduction.
5.3 The Vendor has the right to retain the Works in his possession until full payments has been received.
5.4 The Works remain the sole property of the Vendor until full payment has been received by the Vendor.
6. Errors and Omissions
6.1 The Customer acknowledges and accepts that the Vendor shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
a. Resulting from an inadvertent mistake made by the Vendor in the formation and/ or administration of the
works; and/or
b. Contained in/omitted from any literature (hard copy and/or electronic) supplied to the Vendor by the
Customer or the Customers agent in respect of the Works.
7 Defects in Materials
7.1 The Customer shall inspect the Materials on delivery (or the Works on completion) and shall immediately upon accepting delivery (time being of the essence) notify the Vendor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Vendor an opportunity to inspect the Materials within a reasonable time following delivery if the Customer believes the Materials are defective in any way. If the Customer shall fail to comply with these provisions the Materials shall be presumed to be free from any defect or damage. For defective Materials, which the Vendor agreed in writing that the Customer is entitled to reject, the Vendor’s liability is limited to either (at the Vendor’s discretion) to inspect the Materials or to review the Works provided.
8 Warranties
8.1 For Materials not manufactured by the Vendor, the warranty shall be the current warranty provided by the manufacturer of the Materials. The Vendor 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 Materials.\
9 Consumer Guarantees Act 1993
9.1 If the Customer is acquiring Materials for the purpose of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 (“CGA”) so not apply to the supply of Materials by the Vendor to the Customer.
10 General
Any dispute or difference arising as to the interpretation of these terms and conditions or as to any matter
arising hereunder, shall be submitted to, and settled by, either adjudication in accordance with section 26 of the Construction Contracts Act 2002 and/or by arbitration in accordance with the Arbitration Act 1996 or its
replacement(s).
10.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.2 These terms including and any other document recording any agreements or variation or amendment between the parties shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Wellington Courts of New Zealand.
10.3 Subject to the CGA, the Vendor shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss or profit) suffered by the Customer arising out of a breach by the Vendor of these terms and conditions (alternatively the Vendor liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
10.4 The Vendor may elect to subcontract out any of the Works but shall not be relieved from any liability or
obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of the Vendor’s sub-contractors without the authority of the Vendor.
10.5 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulations, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Customer to make a payment to the Vendor.
Lyall Bay Investment limited trading as Fast Flashingz.
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