Terms and Conditions of Sale and Service
Definitions
Customer – includes purchasers, and their successors or assigns.
Southern Plumbing & Gas Fitting Limited hereinafter called “the Company”.
Terms
What the Company will do
- Keep quotations valid and price constant for 2 weeks from the date of the offer.
- Attend to faults with our product or service at our cost.
- Retain personal information held for the benefit of credit control and marketing. Keep your details confidential.
- Supply goods or services on time, except where it is beyond our control. Dates for the delivery of goods or services are given in good faith but are not to be treated as a condition of the sale.
- Deliver account documents to your usual postal address.
- Retain title to the goods until they are paid. Ensure the safety of the goods against theft until the time goods land on your property.
- Agree that the liability of the Company shall be limited to the value of the goods and/or services supplied and any claim by the Customer shall be made in writing to the Company within ten working days of the fault becoming apparent.
- The Company shall be entitled to deliver and invoice by installment and to withhold delivery of any installment until all money due to the Company has been paid. If the Customer makes any default or commits any act of bankruptcy or becomes insolvent or has a receiver appointed or goes into liquidation then the Company may cancel any order to the extent that it is unfulfilled but without prejudice to its rights to payment or otherwise in respect of goods and/or services already delivered.
- The Company shall be entitled to reasonable security from the Customer in respect of any amounts that become overdue to the Company and the Customer hereby grants a registrable mortgage over any land in which the Purchaser or its director(s)/officer(s)/agent(s) has an interest, and/or debenture and/or chattel mortgage to the Company on terms identical to those for the time being standard to the Auckland District Law Society, in respect of all amounts overdue for a period of more than fourteen days.
What the Customer will do
- Pay accounts when an invoice is received.
- Provide access to the property to carry out the work unhindered.
- Authorize any person or business to give the company information to establish the customer’s credit worthiness.
- The customer will contact us first should there be a fault with our product or service, in accordance with the Consumer Guarantee Act.
- Ensure security of the goods delivered against fire and theft on your property.
- Pay interest on outstanding amounts at the rate of 2% per month compounding. Pay any costs associated with the recovery of any outstanding accounts, including full solicitor and court costs.
- Agree the Company shall not be liable in any way whatsoever for any consequential loss, damages, or, claim arising from the use to which the goods are put or intended to be put.
- Allow the company access to your property at any time to remove the goods, sell the goods, and put the proceeds against any outstanding debt owed by the customer.
- In the case of force majeure either party may cancel any undelivered portion if delay in delivery exceeds 60 days.
- Read our proposals carefully and if you don’t think you are getting value seek prices from others and compare apples with apples.
General Conditions
(1) In the event of non-payment, to the company for its goods and/or services to security for payment over goods and/or services supplied pursuant to these conditions, which shall rank in priority to similar rights of any secured creditor, until full payment is made to the Company or its agents.
(2) The Customer, its directors (where applicable), and authorized officers agree to stand as surety and guarantor for all debts arising under this agreement and to stand jointly and severally as principal debtors in the event of non-payment by the Customer.