R & A GARDNER
SWITCHBOARDS
TERMS AND CONDITIONS, 2006
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.
1. ORDERS.
All orders are subject to our acceptance on receipt thereof.
2. SALES TAX/GST.
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.
3. VARIATION OF SPECIFICATION.
After an official order has been received and accepted, variations to
the specification may be subject to adjustment for price and delivery.
4. CANCELLATION OF ORDER.
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.
5. DELIVERY
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.
6. INSPECTIONS.
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.
7. TERMS OF PAYMENT.
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.
8. COSTS.
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.
9. WARRANTY.
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.
10. RETENTION.
Rententions can not be applied to any of our Tax Invoices!
Refer Clauses 7 & 8 above for all monies outstanding.
11. PRICE VARIATION.
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.