Terms and Conditions

1.0         Acceptance

1.1         Any acceptance of a Proposal or order for Our Goods or Services constitutes Your acceptance of Our Contract for the provision of such Goods or Services, subject to our right to decline any such order or acceptance at Our discretion.

1.2         If there is any inconsistency in the Contract between the Conditions and a Proposal then, except where the Proposal explicitly provides otherwise, the Conditions will prevail.


2.0         Price and Payment

2.1         The price for the Contract will be as quoted in the Proposal. The price quoted in the Proposal is valid for a period of 30 days, subject to Our right to vary or withdraw the quote at any time prior to Your acceptance.

2.2         Any clerical errors and omissions (including computational errors) in the Proposal, an invoice, or otherwise recorded will be subject to correction.

2.3         Unless We agree in writing otherwise, payment of the Charges is required in full on the day of completion of the Services, time of payment being of the essence.

2.4         If You fail to pay any Charges as they fall due under the Contract, then for each failure You will pay on demand a late payment fee of $10.

2.5         The Charges do not include goods and services tax, unless expressly stated otherwise. Goods and services tax is payable by You in relation to the provision of Services.


3.0         Warranty

3.1         Subject to clauses 3.2 and 3.3 , We provide a 3 month warranty on Goods and Services, and We warrant that such Goods and Services will be provided in accordance with manufacturer’s specifications.

3.2         Any warranties expressed by Us do not cover damage or other defects caused by matters or factors beyond Our control.

3.3         No claim by You for defective Services provided will be accepted or permitted unless:

(a)          the claim is notified to Us within 3 months of the date the Services were provided; and
(b)         the claim is notified to Us within 5 days of the defect becoming apparent to You; and
(c)          We are given a reasonable opportunity to investigate the claim.


4.0         Consumer Guarantees Act 1993

4.1         If We are supplying Goods and Services to You for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to Section 43 the provisions of that Act will not apply to this Contract.

4.2         If the Contract is subject to the Consumer Guarantees Act 1993, then the terms of the Contract will be subject the provisions of that Act to the extent those provisions are unable to be contracted out of.


5.0         Risk and Ownership

5.1         The Goods will be at Your risk immediately on delivery. You will insure the Goods at full replacement value until legal and beneficial ownership of them has passed to You. If the Goods are damaged or destroyed before legal and beneficial ownership of them has passed to You, then You will hold the proceeds of such insurance in a separate fund and on trust for Us.

5.2         Legal and beneficial ownership of the Goods will remain with Us until payment in full is made for the Goods and for all other Charges owing by You to Us.

5.3         Until legal and beneficial ownership of the Goods has passed to You, You will store the Goods separately from other goods.

5.4         Without prejudice to any of Our other remedies, if any amount payable by You to Us is overdue or You are otherwise in breach of the Contract, then We reserve the right, and You hereby irrevocably provide consent to Us, to enter (whether forcibly or otherwise) by Our employees or duly authorised agents onto Your premises, or onto any premises where Goods owned by the Us are reasonably thought to be stored and repossess and subsequently resell such Goods.

5.5         Notwithstanding any period of credit, if You wish to sell the Goods before ownership of them has passed, You may do so as principal in relation to the sub-purchaser and as agent as between Us and You. You have no right to commit Us to any contractual relationship with any third party. You will account to Us for the proceeds of such sales and You will ensure that, until You have accounted for them, such proceeds are at all times identifiable, held in a separate fund on trust for Us and can at the Our request be paid to Us.


6.0         Personal Property Securities Act 1999

6.1         You grant to Us a registrable "security interest” (as that term is defined in the Personal Property Securities Act 1999 ("PPSA”)) and a lien in Your goods stored at Our premises and in the Goods supplied to You (and in the proceeds of all such Goods as well as in any negotiable instrument representing any such proceeds) as security for the satisfaction of Your obligations under the Contract.

6.2         You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to this Contract, or the security interest under this Contract; and You waive Your rights under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132

6.3         You waive the right to receive a copy of any verification statement confirming registration of a financing statement as that term is defined in the PPSA.

6.4         You will provide Us on request with all information necessary for the registration of Our security interest in terms of the PPSA and will ratify all actions taken by us under clause 6.0 .


7.0         Privacy Act 1993

7.1         You authorise Us to collect personal information about You (whether contained in this Contract or otherwise obtained) and authorise such information to be held, used and disclosed for the following purposes:

(a)          administering, whether directly or indirectly, Our contracts and enforcing Our rights thereunder;
(b)         marketing goods and services provided by Us;
(c)          advising any credit agency or provider (including credit recovery providers) for the purposes of providing or obtaining a credit reference, debt collection or notifying any default by you.

7.2         You have the right under the Privacy Act 1993 to obtain access to and to request correction of any personal information concerning You held by Us, and such personal information will be held by Us at 64 Seddon Street.

7.3         You authorise Us to obtain, at any time from any person or entity, any information We may require to perform or complete any of the purposes for which You have provided personal information to Us.  You authorises any such person to release to Us any personal information that person holds concerning You.


8.0         Default and Termination

8.1         Without prejudice to any of Our other remedies, if any amount payable by You to Us is overdue or You are otherwise in breach of the Contract

(a)          We may refuse to provide You with Goods or Services;
(b)         any Charges or moneys payable by You to Us whether due for payment or not shall become immediately due and payable;
(c)          We may refer your debt to debt collection agents; and
(d)         We may cancel this Contract.

8.2         If You fail to pay an amount owing to Us on the due date We may charge You interest, on a daily basis, at the rate of 2% per calendar month.  Interest may be charged by Us on the amount owing (including any interest payable under this clause) from the due date until the date it is paid in full.

8.3         Any costs incurred by Us in attempting to recover the Charges, including legal costs on a solicitor client basis and debt recovery costs, shall be payable by You on demand.

8.4         You will be deemed to have breached this Contract if You become insolvent, commit an act of bankruptcy, have a receiver appointed over all or any part of Your assets, make or are likely to make an arrangement with Your creditors, have a liquidator (provisional or otherwise) appointed or are placed under statutory or official management.

8.5         Any termination or expiry of the Contract will be without prejudice to Our rights and remedies against the You which have accrued up until the date of termination or expiration.


9.0         General Indemnity

9.1         You will indemnify Us against all costs (including costs of and incidental to Us enforcing our legal rights against You on a solicitor and client basis), claims and expenses suffered or incurred by Us which are directly or indirectly caused by any negligence on Your part and/or any failure by You to comply with the Contract or any other applicable terms and conditions.


10.0       General

10.1       You will not be entitled to set-off against, or deduct from, any moneys owed by You to Us any sums owed or claimed to be owed by Us to You.

10.2       This Contract is governed by the laws of New Zealand and is subject to the jurisdiction of the courts of New Zealand.

10.3       If any part of this Contract is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable, such determination will not impair the enforceability of the remaining parts of this Agreement which will remain in full force.

10.4       We may assign or sub-contract our rights and obligations under these Conditions upon notice in writing to You.  You may not assign Your rights or obligations.

10.5       Any notice required to be given by Us shall be sufficiently given by posting an ordinary prepaid letter, by personal delivery, facsimile or by email to the last known addresses We have on Our records. You are required to notify us of any change of address.

10.6       If We delay in the exercise of, or fail to exercise any, right or remedy available to Us, this will not prejudice Our rights in exercising that or any other right or remedy in future and will not constitute a waiver of such right or remedy.

10.7       Neither party will be liable for any default caused by events reasonably outside of either parties control, including but not limited to fire, explosion, earthquake, storm, flood, failure or breakdown of machinery or plant, unavailability or shortage of power or labour, riots, strikes, lock outs, civil commotion or labour disturbances, theft or burglary.

10.8       No variation or modification of the Contract by You will be binding on Us unless agreed upon by Us in writing. We may vary the Contract at any time by notifying you in writing.

10.9       We will be under no liability whatsoever to You for any indirect loss or expense (including loss of profit) suffered by You arising out of a breach by Us of the Contract.

10.10     In the event of any breach of the Contract by Us, Your remedies shall be limited at Our discretion and option to damages or to the repair or replacement of the damaged or defective Goods and Services provided. Under no circumstances shall Our liability exceed the price of the goods.

10.11     We will not be liable to You for failure to provide the Goods or Services to You by any specified dates.


11.0       Definitions

Conditions means these Terms and Conditions of Trade.

Charges means any price, fees, costs or charges payable by You to Us for the provision of Goods or Services, or in relation to such provision, as agreed to under this Contract.

Contract means the Conditions and the Proposal together, and represents the entire Contract on which the Services will be performed by us, subject to any variations agreed upon in writing.

Goods and Services means all goods or services supplied or carried out by Us in the course of performing the Contract, and where the context permits the terms "Goods” and "Services” will be interchangeable.

Proposal means the document(s) provided by Us which sets out the basis on which We are prepared to carry out the provision of goods and services.

We, Our and Us means S & J Appliance Servicing Limited.

You and Your means the person(s) described in the Proposal buying the Services (and if more than one, jointly and severally), and their respective agents, principals or employees as the case may be.