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Terms
of Trade
These terms apply to all work done and
materials supplied for the client by Powertech Nelson
New Zealand Limited trading as
Powertech Nelson.
Quotations
Quotations are valid for 30 days from the
date of quotation unless otherwise stated.
Variations
Variations and the cost of variations,
will be agreed to before the variations are carried out.
Orders
The issue of an order from the client
constitutes acceptance by the client of these terms,
even if the contrary is stated in the client’s orders or
correspondence.
Suspension or Cancellation
If the
customer requests suspension or cancellation of the work
or supply of goods, Powertech Nelson may increase the
agreed price to cover any resulting extra expense should
this apply or out of pocket expenses.
Force
Majeure
Powertech Nelson will not be liable for
failure to meet its obligations if the failure is
brought about by a force majeure circumstance.
Disputes
Should a dispute arise, all parties will
agree to meet in goodwill to discuss it.
Payment
The
customer will pay the agreed price plus GST in full
within 14 days from the date of the invoice.
Credit
We
reserve the right to refuse credit.
Progress Claims
For work extending over more than one
month, progress payments will be invoiced at the end of
the month and will be payable within 14 days.
Debt
Collection Costs
Penalty
interest of 2.5 % per month applies to overdue payments.
All costs for debt collection will be added to the
account.
Contract Deposits
Powertech Nelson reserves the right to
require payment of a contract deposit before
commencement of the work.
Defective Work
Where the work is acquired by the
customer for business purposes, the warranties continued
in the Consumer Guarantees Act 1992 are specifically
excluded and clauses 4.2 to 4.4 apply.
Powertech Nelson liability for defective
work and loss caused by defective
work is limited to, Powertech Nelson’s option, either:
replacing or repairing any part of the
work which the customer is entitled to reject;
or
refunding the price of the work which the
customer is entitled to reject.No claim based on
defective work will be allowed unless the claim is
notified to Powertech Nelson within:
12 months of completion of the work; and
7 days of the alleged defect becoming
apparent; and
Powertech Nelson is given a reasonable opportunity to
investigate the
claim.
Powertech Nelson will not be liable in
any event if:
the work has been altered or repaired by
any person other than Powertech Nelson;
or
the work has been subject to excessive
wear or tear, or improper or abnormal use of storage.
Passing of Title
All goods and material remains the
property of Powertech Nelson New Zealand Limited until
paid for in full. All goods installed will be held as a
caveatable trust until paid for in full.
Powertech Nelson has the right to enter
any premises and remove the work (either in its
installed form or as incorporated with any other
material) Powertech Nelson is under no obligation to
complete any further work for the customer whether or
not such work has previously been committed to the
customer. If the customer sells the work before payment,
Powertech Nelson owns the applicable proceeds of sale.
The customer will keep the proceeds of sale
identifiable and will pay them to Powertech Nelson or at
its request hold them in a separate account.
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