R & A Gardner Switchboards

Conditions of Use


4th SEPTEMBER, 2006
Ammended - 1st of August, 2010

The following terms and conditions are to be regarded as:
    a) part of the offer to which they are attached and/or
    b) the terms and conditions of sale for any goods purchased by the Purchaser not withstanding (i).

(i) It is realised that these conditions may conflict with the standard terms and conditions used by the purchaser, in which case, we invite negotiation of conditions which will be acceptable to both parties. In the absence of any agreed amendments in writing to any sale or Quotation, our terms and conditions shall & will apply to all Sales and Quotations.

All orders are subject to our acceptance on receipt thereof.

Sales tax or taxes imposed from the Taxation Commissioner (GST), have NOT been included in our offer, and if applicable, would be an additional charge to the purchaser’s account.

After an official order has been received and accepted, variations to the specification may be subject to adjustment for price and delivery.

Any order can only be cancelled by mutual agreement. Further, in the event of any cancellation, the purchaser shall re-imburse this Company in full for all expenses incurred, including the cost of preparation of the offer, the part or portion of any works executed to the date of cancellation including drawings, and for any special items of equipment, or any goods ordered by this Company necessary to execute the purchaser’s original order, or any claims made on this Company by suppliers.

Delivery dates nominated in this offer are given in good faith, however, if by reason of strikes or lock-outs or for any other reason over which we do not have control, the progress of the work is delayed, then the delivery date or dates given will be extended by that period of time from when the work ceases to when the work recommences. Further, if the purchaser fails to take delivery of the goods by the due date or dates, then he shall be liable to pay all reasonable expenses incurred by this Company in handling and storage of the goods. The price shall include delivery to the point stated in our offer excluding any handling and off-loading at the point of delivery. If, at the request of the purchaser, delivery is made to a point other than that set out in our offer, the variation in freight, delivery charges, insurance and any other additional cost shall be to the purchaser’s account.

The purchaser shall inspect the goods received immediately upon arrival thereof and shall, within seven days of such inspection, give notice to us of any matter or thing by reason whereof the purchaser may allege that the goods are not in accordance with the order. If the purchaser shall fail to give such notice, the goods shall be deemed to be, in all respects, in accordance with the order and the purchaser shall be bound to accept and pay for the same accordingly.

Unless specifically stated otherwise, our terms are:
  * 30% Deposit (of Invoiced Value Inc GST)
     with placement of your order
  * 70% Balance (of Invoiced Value Inc GST)
     in our account - cleared - before delivery.
This Company does reserve the right to charge interest at the rate of 2% per month on accounts not paid by the due date.
The title and property in all goods supplied belong to R&A Gardner Switchboards until full payment in cleared funds is received by R&A Gardner Switchboards.

All costs and expenses incurred by the Company to remedy any breach by the Purchaser of these terms and conditions shall be recoverable from the Purchaser in addition and without prejudice to the Company’s right to damages for breach of these terms and conditions.

Where equipment is of this Company’s manufacture and design, our liability, with respect to any defect or failure, is limited to making good by replacement or repair, defects which arise within twelve months from date of delivery, provided that the equipment is returned to our factory unless otherwise arranged. With respect to the equipment not of our manufacture, the purchaser is entitled only to such redress as we can obtain from our supplier. We disclaim all liability for consequential damages.

Rententions can not be applied to any of our Tax Invoices!
Refer Clauses 7 & 8 above for all monies outstanding.

The price is firm for 30 days from the date of offer, after which it will be subject to confirmation. Where long delivery times are involved, special conditions shall apply.


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