1. Standard Conditions
All goods are sold and delivered solely in accordance with the following terms andconditions unless otherwise agreed in writing by HVT Ltd (the ‘Supplier’). ‘Purchaser’ means any company or person which orders or requests Goods from the Supplier. ‘Goods’ means all clothing or related products supplied by the Supplier to the Purchaser.
2. Credit Terms
Payment of the goods must be made 7 days from delivery or, if arranged, by the 20th of the month following invoice. Interest at 2% per month is chargeable on overdue accounts.
3. Credit Checking
The Supplier may, notwithstanding the provisions of the Privacy Act 1993, obtain any information about the Purchaser it may consider relevant to the financial position or creditworthiness of the Purchaser.
4. Risk and Ownership
Goods are at Purchaser’s risk from time of delivery from the Supplier’s premises. Property in goods shall not pass from the Supplier until paid for in full. Proceeds from any resale of the goods up to the total amount owing shall be held in trust for the Supplier and the Supplier shall be entitled to trace all proceeds of the sale through any bank or other account maintained by the Purchaser. If the Purchaser comprises more than one person, each of these persons liability to the Supplier is both joint and several.
5. Personal Properties Securities Act 1999 (PPSA)
The Supplier may register Financing Statements(s) pursuant to the PPSA, in whichcase the Purchaser waives the right to receive verification of such statement(s), and agrees that as between the Supplier and the Purchaser, the Purchaser will have no rights under sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131, 132,133 and 134 of the PPSA.
The liability of the Supplier for defective Goods shall be limited to, and not exceed the purchase price of the Goods. The Supplier will not otherwise be liable for any loss or damage including direct or consequential loss, or loss of profits, incurred by the Purchaser or any third party as a result of the Goods being defective. The Supplier will not be liable for loss or damages arising from misrepresentation by the Supplier’s agents or sales representatives. The Supplier will not be liable for loss or damages incurred by events beyond the Suppliers reasonable control.
7. Delivery Dates
Dates given for expected deliveries are estimates only and the Supplier shall not be responsible for any costs or losses incurred because of late delivery.
8. Returns and Credits
Any returns will only be credited if returned unprocessed in the condition in which they were supplied and invoice number quoted. Goods made to order are not returnable unless found to be faulty. Returns of other goods are at the discretion of the Supplier and may be subject to a re-stocking fee. Notice of returns and claims for faulty or missing goods must be made within 7 days of delivery.
9. Default in Payment
If payment is not made by the due date the Supplier’s principals or agents may enter the Purchaser’s premises and remove the goods. Any legal fees, debt collection fees, costs and disbursements incurred by the Supplier in recovering outstanding monies shall be recoverable from the Purchaser.
Prices quoted may be subject to variation by the Supplier at any time prior to delivery. All prices are quoted exclusive of Goods and Services Tax which is added to the invoice total.
11. Consumer Guarantees Act 1993
The Customer agrees that where it is buying the Goods for the purposes of a business the Consumer Guarantee Act does not apply.
Acceptance of delivery of any Goods will be deemed to be acceptance by the Purchaser of these terms and conditions.
Further Terms of Sale
5.4 Where able, ensure that the purchaser is able to be named as one of the parties to benefit to benefit from any guarantees or warranties in respect of materials and/or workmanship and/or building services and/or fixtures or chattels which the vendor procures from subcontractors and suppliers in respect of the dwelling.
5.6 The Vendor shall not be responsible for any delays beyond its reasonable control in securing consents/permits inrespect of the development, or occasioned by weather conditions, strikes, lock outs, accidents, unavailability of any material, finish, product, or system referred to in the indicative plans and specifications. If it becomes necessary for the vendor to undertake or incorporate an amendment in respect of anything shown or described in the indicative plans and specifications then the vendor may make such amendment or may substitute such material finish, products or systems of an equivalent standard.
5.7 Any variations requested by the purchaser shall be subject to a written variation order and signed by both parties. Payment of the quoted price for the variations shall be made on completion of the variation works. In the case of default under this special condition the purchaser shall compensate the cenfor in respect of any consequential loss or damage and in any event interest on any monies not paid shall be at the interest rate for late settlement from the settlement date.
6. Purchasers Obligations
6.1 The Purchaser shall not, prior to the settlement date, arrange with any person, persons or corporation other than the vendor for any work to be carried out in or upon the dwelling and on each occasion such work shall be undertaken at the price quoted by the vendor for the works.
6.2 The purchaser shall in carrying out any furnishing, decoration and any other works in respect of the dwelling ensure that such work in all respects compiles with any statutory and other lawful requirements of the local or any other competent authority.
7. Right of Access Reserved
7.1 Upon reasonable notice the vendor and its subcontractors and workmen shall, notwithstanding settlement may have occurred and possession may have been taken by the purchaser, be entitled to enter upon the property and do such work as in their opinion is necessary or desirable for the purposes of completion of the development.
8. Lowest Price
8.1 The parties hereby acknowledge and agree that where, in relation to this agreement, it is necessary to determine the acquisition price for the purpose of New Zealand Tax Law, then:
(a) The purchase price payable hereunder is the lowest price at which the vendor is prepared to sell the purchasers unit, and
(b) the said purchase price has not been increased beyond the amount that would have been payable had this agreement provided for settlement within two months.
(c) the said purchase price is the fair market value of the property and development.
9.1 If any provision of this agreement is in conflict with any provision in the indicative plans or specification then the provisions in this agreement prevails.
9.2 If any provision in the general conditions conflicts with any provision in the special conditions then the provisions in the special conditions prevails.