TRUCK SYSTEMS NZ LIMITED TERMS & CONDITIONS
In these conditions unless the context otherwise requires:
- Company means TRUCK SYSTEMS NZ LIMITED also referred to as (“TSNZ”)
- Customer means the person, or company buying the goods from the company.
- Products and/or services mean the products and/or services being purchased by the customer from the company.
- Contract means the contract between the company and the customer for the purchase of the goods.
- Date of the contract means where the contract arises from a quotation given by the company,
- The date of acceptance of the order by the company; or
- Where the contract arises from a quotation given by the company, the date upon written notification of acceptance of the quotation is received by the company.
- Contract price means the price of goods as agreed between the customer and the company.
- Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.
Where a price quoted by TSNZ for Services is specified to be an estimate, the Customer shall pay TSNZ the amount claimed by TSNZ upon completion of the Services which amount may vary from the estimated amount and which amount shall be based upon the actual work done and materials supplied by or on behalf of TSNZ. Where the Customer has requested TSNZ to prepare a quotation for the provision of Services which requires TSNZ to perform disassembly of any existing property of the Customer ('Customer's Property") and the Customer does not accept the quotation, the Customer shall be responsible for all labor and associated costs and charges incurred by TSNZ in preparing the quotation. The Customer's Property will not be reassembled following rejection of a quotation unless the Customer requests TSNZ to do so and agrees to pay TSNZ's charges for such reassembly.
PRICES, TERMS AND PAYMENT
- The goods are sold and will be invoiced at the price charged by Truck Systems at the date of dispatch unless any other agreement as to price has been reached with the purchaser. All prices are in New Zealand Dollars.
- Transport charges are to be paid by the purchaser.
- All prices are subject to Goods and Services Tax if applicable.
- All accounts are due and payable 20th of every month following the date of the invoice. Interest at 5% per calendar month shall be payable on all overdue accounts. Any part payment shall be first credited against the extra charges. Such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but is a true measure of damages incurred by TSNZ. Payments received from the Customer will be credited first against any interest charge and all such fees shall be payable forthwith;
- Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation estimate, tender documents, work authorizations form or any other work commencement forms.
- The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.
- The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
- If the Customer fails to make any payment by a due date then TSNZ shall be entitled to, without prejudice to any other remedy, recover such monies pursuant to these Terms and Conditions.
- Customers shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off. The Customer agrees to pay TSNZ administration and handling fees incurred in the normal course of business in respect of any copies of documents required or other processing involved in the conduct of the account and such fees will be charged to the Customer's account
- If the customer If the Customer fails to make payment in accordance with Clause 8, TSNZ shall be entitled to
- Charge Interest at 5% per calendar month shall be payable on all overdue accounts. Such interest charge to be computed from the due date for payment AND the parties agree that such interest charge is not a penalty but is a true measure of damages incurred by TSNZ. Payments received from the Customer will be credited first against any interest charge and all such fees shall be payable forthwith;
- Claim from the Customer all costs, expenses and charges incurred on any account whatsoever including but not limited to any action taken by TSNZ to recover monies or Goods due from the Customer including but not limited to any mercantile agents costs and legal costs and disbursements on a solicitor-client basis;
- Cease any further deliveries to the Customer of Goods and/or Services and to terminate any agreement in relation to Goods or Services that have not been delivered; and
- Preclude Customers having overdue accounts from participating in any special deals, discounts, bonus payments, redemptions, rebates and all other incentive programs until their accounts are no longer overdue.
- Receipt by TSNZ of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then TSNZ's ownership of rights in respect of the Goods shall continue.
EVIDENCE OF AMOUNT OWING
Statement of Account addressed to the purchaser at his, her or its last known address or email address and sent by ordinary post/ email/ facsimile or registered post to that address shall be sufficient evidence at all times of the amount due to Truck Systems by the purchaser.
CONSUMER GUARANTEES ACT
If the goods are supplied by competitive tender of if the purchaser is holding him/her or itself out as acquiring the goods for the purposes of a business then the Consumer Guarantees Act shall not apply.
Credit sought for returned goods are at the Company's discretion and:
- Must be returned within 14 working days of purchase;
- All returns must be forwarded freight free;
- Must be returned unused, saleable condition and in the manufacturers/ suppliers packaging slip or invoice
- Must be accompanied by number and date of packing slip or invoice;
- Must not be procured item.
- Core deposits are only refundable if returned items are complete and recondition able.
TITLE & RISK INSURANCE
Ownership of all goods supplied by Truck Systems to the purchaser shall not pass to the purchaser until Truck Systems has received full payment of all moneys owing by the purchaser. In the event of non-payment, Truck Systems reserves the right to enter the purchaser's premises and retake possession of the goods and to keep or resell any goods repossessed. Notwithstanding that ownership in the goods remains with Truck Systems, all risk in respect of the goods passes to the purchaser upon the goods leaving the premises of Truck Systems.
The purchaser has read and received these Terms and Conditions of Trade. Any agreement containing these conditions is deemed to be an agreement made in and governed by the law of New Zealand, and the parties submit their disputes to the non-exclusive jurisdiction of the courts of the countries involved.
PRIVACY OF INFORMATION
I/We authorize any company to provide the Company with such information as the Company may require in response to any enquiries the Company wishes to make about my/our credit worthiness. I/We further authorize the Company to furnish any third party with details of this agreement and any subsequent dealings that I/we may have with the Company as a result of this agreement in the event my/our account with the Company becoming overdue.
LIMITATION OF LIABILITY
- Nothing in this Terms and Conditions limits any rights you have under the Consumer Guarantees Act 1993 ("Act") and these Terms and Conditions must be read subject to those rights
- Where these Terms and Conditions would otherwise be subject to the Act and you are acquiring the goods and/or services supplied by us for business purposes, you agree that the Act will not apply.
- Subject to the foregoing, we excluded all statutory or implied conditions and warranties to the extent permitted by law.
- To the extent permitted by law, we limit our liability under any condition or warranty which cannot legally be excluded to:
- The replacement of the goods or supply of equivalent goods; or
- The repair of goods; or
- The payment of the cost of replacing the goods or of acquiring equivalent goods; or
- The payment of the cost of having the goods repaired.
- No quotation by TSNZ shall constitute an offer.
- All orders placed with TSNZ shall only be accepted subject to these Terms & Conditions. TSNZ may at any time, and from time to time alter these Terms & Conditions shall apply after notification by TNSZ to the Customer. TSNZ may notify the alteration of these Terms & Conditions by posting the altered Terms & Conditions on its website.
- If the customer cancels or alters any order or part of the order, then TSNZ reserves the right to charge to the Customer the costs of any special goods or materials already acquired for the order together with the cost of any labor and tooling expended to the date of such cancellation or alterations.
- Goods and Services Tax ('GST") or any other applicable tax or duty payable shall be paid by or reimbursed by the Customer to TSNZ on demand and the Customer shall indemnify and keep indemnified TSNZ in respect of all taxes and duties including GST arising out of any sale of Goods, the subsequent use of Goods after the sale to the Customer or the provision of services.
If any instruction is received by the company from the customer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the customer, the terms and conditions are definitive and binding.
The Customer shall be responsible for the cost of any delivery made ex-TSNZs premises. If TSNZ is requested to arrange for delivery of Goods beyond TSNZs premises, the Customer shall pay the delivery charges stipulated by TSNZ from time to time. TSNZ shall in all cases be entitled to choose the method of transport.
The Customer shall examine the Goods immediately after delivery and TSNZ shall not be liable for any claim for liability for any miss-delivery, shortage, defect or damage unless TSNZ receives details in writing within seven (7) days of the date of delivery of the Goods.
PROPERTY & RISK
- Notwithstanding delivery of the Goods or their installation, property in any given Goods shall remain with TSNZ until the Customer has paid and discharged any and all other indebtedness to TSNZ on any account whatsoever, including all applicable GST and other taxes, levies and duties. Any payment made by or on behalf of a Customer which is later avoided by the application of any statutory provision shall be deemed not to discharge the Customer's indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
- The risk in the Goods shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer notwithstanding that TSNZ retains ownership until full payment. The Customer must effect and maintain insurance against all insurable risks to the Goods until such time as property passes to the Customer.
- Truck Systems warrants new parts to be free from defects in material or workmanship for a period of twelve months from date of supply unless the manufacturer’s warranty is equivalent to or greater in which case that warranty will apply to the exclusion of this warranty.
- Truck Systems liability in respect of any defects in material or workmanship is limited to the replacement or the repair (at Truck Systems’ option) of any part supplied by Truck Systems.
- This warranty applies on if Truck Systems is satisfied upon examination that the product has been correctly installed and used and properly and regularly maintained only by a qualified personnel.
- Normal wear and tear is not covered by this warranty.
- Truck Systems shall in no circumstances be liable to the purchaser, its successors, assigns, employees, agents or customers for any loss or consequential damage if any nature arising by reason of any defects in goods supplied.
- Used parts carry no warranty
- Reconditioned unites are subject to six months’ warranty from the date of supply.
- The parts must be returned freight prepared to Truck Systems’ premises.
- Truck Systems reserves the right to limit the terms of this warranty in respect of
- goods pursuant to a particular invoice by stating in the invoice the terms of the warranty.
- Nothing in these conditions shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by any law where to do so is illegal or would render any provisions of these conditions void.
- All other warranties, terms and conditions in relation to the statement quality or fitness of the parts and of every other kind, whether implied by use, statute or otherwise, are hereby excluded.
- This warranty shall not be transferable and shall enure for the benefit of the purchaser only.
- Any service or advice offered by Truck Systems, agents to users of its products is rendered in good faith. Truck Systems shall not be liable for any loss or damage arising from them. Any firmware or software that comes with goods we supply to you is supplied under license only. You agree to abide by the terms of all such licenses. You may return your purchase within 7 days of delivery if you do not accept any applicable license in part or whole. Typically, licenses limit us of firmware and software to the one machine.
- The Customer acknowledges that any property is presented by the Customer having taken all necessary steps to ensure that no loose items are able to damage that property, e.g. windscreens or any other part of the Customer's equipment when raising and lowering a vehicle cabin
- The Customer accepts responsibility for any damages that may occur in this way. FORCE MAJEURE.
- TSNZ shall not be liable for any failure or delay in supply or delivery of the Goods or Services where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of TSNZ including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind.
GUARANTEE & INDEMNITY
- I/We jointly and severally guarantee the payment on demand to the seller of all monies now owing to the seller by the Customer. All further sums of money from time to time owing to the seller by the Customer in respect of goods and services supplied or to be supplied by the seller to the Customer or any other liability of the Customer to the seller.
- HOLD HARMLESS AND INDEMNITY that the seller on demand, as a separate obligation, against any liability (including but not limited to damages, costs, losses and legal fees) incurred by or assessed against the seller in connection with the supply of goods or services to the Customer, or the recovery of monies owing to the seller by the Customer including the enforcement of this guarantee; or monies paid by the seller with the Customers consent in settlement of a dispute that arises or results from a dispute between the seller, Customer, and a third party, or any combination thereof, over the supply of goods or services by the seller to the Customer.
- ACKNOWLEDGE that this Guarantee and Indemnity shall constitute an conditional and continuing guarantee and indemnity and accordingly shall be irrevocable and remain in full force and effect until the whole of monies owing to the seller by the Customer and all obligations herein have been fully paid, satisfied and performed.
- FURTHER ACKNOWLEDGE that no granting of credit, extension of further credit, or granting of time and no waiver, indulgence or neglect to sue on the seller's part (whether in respect of the Customer or any one or more of any other guarantor (s) or otherwise) and no failure by any named guarantor to properly execute this deed shall impair or limit the liability under this Guarantee and Indemnity of any guarantor. Without affecting the Customers obligations to the seller, the guarantor shall be a principal debtor and be liable to the seller accordingly.
- I/We further acknowledge that the above information is to be used by the seller for all purposes in connection with the seller considering this guarantee and the subsequent enforcement of the same.
- In consideration of the Company agreeing to supply goods and/or services and to the provision of credit to the Customer at my /our request, me /us the Guarantors (being a Director/ Partner/ Proprietor/ Trustee of the Customer) on behalf of the Customer and for myself/ ourselves hereby:
- Personally guarantee payment to the Company for any goods and/or services supplied to the Customer and I/We shall personally be liable and if more than one jointly and severally for payment and I/We acknowledge and agree that we will be deemed to be principal debtor for all monies due and owing by the Customer to the Company and I/We agree to indemnify the Company without the Company first taking recovery action against the Customer.
- Agree that any release, delay or other indulgence given by the Company to the Customer or any of us as guarantors shall not release me/us.
I/We the undersigned for me/us acknowledge the information given is true and correct and that I/We am/are duly authorized to enter into this Application and future contracts on behalf of the Customer and I/We accept the Terms & Conditions and guarantee performance of the terms in this Credit Application and Terms & Conditions.