Terms & Conditions
TERMS APPLYING TO GOODS AND SERVICES PROVIDED BY TOP FLYTE SYSTEMS
1. Price: The price for the goods and services is based on the rates and costs at the date of contracting or quoting (as applicable). Labour Hours are estimated only and you will be charges at the number of hours multiplied by the labour hour rate unless a written quote designated as a “fixed price quote for labour hours” has been signed by us. Generally we will quote prices exclusive of GST. Unless the price specifies that GST is included, we will require you to pay GST in addition to the price
2. Payment: Generally, the price shall be payable in full on the 20th day if the month following invoicing. We may invoice you in instalments prior to completion of a job. However, in our absolute discretion require payment of a deposit of that the price be paid wholly or partly in advance. We may also agree a payment milestone schedule in which case payments will be due in accordance with that schedule. We may suspend any credit and require you to pay all outstanding amounts in full at any time. We may also elect not to sell goods or provide services to you if payments are not received in accordance with our requirements. All payments claims are made under the Construction Contracts Act 2002.
3. Title/recovery of Goods: Prior to receiving payment in full, title in any goods and services supplied by us will remain with us, even if the relevant goods have been built in or permanently attached. If you fail to pay be the due date, or if you are in breach of these terms, you authorize us to enter any premises to recover goods for which we hold title. You indemnify us for any losses or costs we incur in recovering such goods. If the premises are the premises of a third party, we will enter and recover the goods as your agent. We will be entitled to sell any goods held by us and apply the proceeds toward amounts owed by you if you have failed to pay any amount due within 14 days of written demand of within 60 days of an amount becoming due(whether demanded or not).
4. Security Interest: You agree that, for the purposes of the Personal Properties Securities Act 1999 (“the PPSA”), we have a security interest in the goods supplied from time to time by us to you (as detailed in each invoice supplied to you). You agree to sign any documents required for us to perfect our security interest under the Personal Properties Securities Act 1999 and authorize us to sign any such documents as your attorney.
5. Intellectual Property: Where you but a good that is a good designed by us, we reserve all rights in respect of ownership of, any copyright in, the design of the good. You may not copy the design of the product and indemnify us for any loss we may suffer as a result of this breach of this clause.
6. Default interest/costs: We may require that you pay us interest at 1.5% per month (or part month) on any amount due and unpaid. Payment of default interest is without prejudice to our other rights and remedies. If we take action to recover any amount due form you, or to otherwise protect our interests in relation to moneys owed by you, you agree to pay our costs (including solicitor/client costs).
7. Delivery/Collection: Delivery costs will be as agreed or, if not agreed, a reasonable charge determined by us. If we agree a delivery or collection time with you, and you fail to accept delivery or complete collection (as applicable) at that time, we may charge you for reasonable storage and additional delivery charges. You shall be deemed to have accepted a good delivered to you unless you object within writing within 14 days of delivery.
8. Installation: We are not responsible for installation unless we agree in writing. If we agree to install a good, the cost of installation shall be as agreed in writing or, if not agreed, a reasonable charge as specified by us. Where we agree to install a good, we reserve the right to charge additional fees for any modifications required during installation.
9 Standard of Work: We will use all reasonable care in providing our services and will endeavor to provide our services in accordance with industry standards. All warranties implied by customary practice, at law or under statute are excluded to the extent legally permitted. If you on-sell goods supplied by us, you must not make any warranty inconsistent with these terms.
10. Matters beyond our control: While we take care in the selection of materials and suppliers, we are not responsible for any defect, failure or delay resulting from the provision of goods or services by, or the acts or omissions of, any third party. In addition, we are not liable for any defect, failure or delay in providing services or for any loss, damage or damage or deteriorate to any good, where the same arises due to a cause beyond reasonable control. We shall cease to have any responsibility for a good if you modify or rework the good after delivery or if you cause any damage to the good during installation or during use of the good. Solid Timber Staircases are subject to timber availability and lamination of timber may be required.
11. Design/specification supplied by you: We are not responsible for any loss cost or damage resulting directly or indirectly from any error, mis-description or inaccuracy in any design or other information supplied by you. We are not obliged to check any design, specification or information supplied by you. Where a good is designed to form part of another good, or to operate in conjunction with other goods, you are responsible for ensuring that the design or specification for the good to be manufactured (whether such design or specification is to be supplied by us or you) is compatible with the other good.
12. Provisions applying to commercial customers: You are commercial customer if you require goods or services from us: (a) that are goods or services not ordinarily acquired for personal, domestic or household use; (b) for use in a business or (c) the resale or supply to other persons in trade. If you are a commercial customer and you on-sell goods supplied by us to any customer who is not a “consumer”, you agree to: (a) contract out the Consumer Guarantees Act is respect of the sale of the goods; and (b) require your customer to contract out of the Consumer Guarantees Act in respect of any further sales of the goods (other that for a sale to a consumer) and to require any sub-seller(s) to do the same. You indemnify us for any damages or costs suffered as a result of your failure to comply with this clause.
13. Provisions applying to consumers: You are a consumer if you are not a customer under the preceding clause. If you are a consumer, nothing in these terms limits or excludes any right you have under the Consumer Guarantees Act 1993.
14. Contracting out of the PPSA: To the extent permitted under PPSA you agree to waive your rights as a debtor. In particular, but without limitation, you agree to waive you right receive a copy of the verification statement confirming registration of a financial statement or financing change statement relating to any security interest we may have in goods supplied to you from time to time.
15. No waiver: No delay or failure by us to act or insist on any right shall be regarded as a waiver and every right remains enforceable and may be exercised by us at any time.
16. Miscellaneous: In these terms, headings are used for convenience only and shall not affect the interpretation of any clause. These terms of trade prevail over the terms of any purchase order or any contract submitted by you. To the extent of any inconsistency, these terms of trade also prevail over any estimate or quote provided to you. New Zealand law governs these terms of trade.
17. Goods: The term ‘goods’, as used in these terms and conditions, means all products and materials supplied by Top Flyte Stairs and Safety.
18. Acceptance: Installation of goods supplied by us is deemed to be acceptance.
19. Photographs: We reserve the right to photograph and/or publish photographs of goods we have supplied for advertising purposes.