1. PRICE
1.1 Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods. Prices do not include any delivery surcharges.
1.2 Auckland Property Care Ltd shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Auckland Property Care Ltd.
2. PAYMENT
2.1 Unless otherwise agreed, the customer will pay in full for the goods plus GST by the 30th of the month the invoice was dated. Payment will not be accepted by any means other than cash, cheque, credit card or direct credit.
2.2 If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided in 2.1. Payment of the disputed portion may be withheld provided the matter is brought to Auckland Property Care’s attention immediately it is discovered and a letter of explanation setting out the particulars of the dispute is sent to Auckland Property Care Ltd within seven days of the dispute arising.
2.3 Auckland Property Care Ltd reserves the right to cease services if the terms of payment are not strictly adhered to by the Customer.
2.4 The customer will pay default interest at a rate of 15% for any invoice that is outside of the terms as per clause 2.1 above.
Auckland Property Care Ltd is entitled to recover from the customer all legal and other associated costs (including without limitation any collection costs) incurred with the enforcement of these terms.
3. PRIVACY ACT
3.1 The Customer authorises Auckland Property Care Ltd to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) assessing the Customer's creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with Auckland Property Care Ltd for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) Marketing goods and services provided by Auckland Property Care Ltd.
3.2 The Customer, if an individual, has a right of access to information about the Customer held by Auckland Property Care Ltd. The Customer may request correction of that information and may require that the request be stored with that information. Auckland Property Care Ltd may charge reasonable costs for providing access to that information.
4. WARRANTIES AND DEFECTS.
4.1 The company shall not be liable to the customer of any indirect or consequential loss or damage, even if such loss was reasonably foreseeable or the company had been advised of the possibility of the customer incurring the same.
4.2 These terms do not change the provisions as set out in the Fair Trading Act or Consumer Guarantees Act.10.
5. CUSTOMER'S LIABILITY & DEFAULT
5.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Auckland Property Care Ltd (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Auckland Property Care Ltd may otherwise possess.
6. GOVERNING LAW
6.1 These terms of trade are governed by the laws of New Zealand.
6.2 Auckland Property Care Ltd and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.
7. Additional Note
Fibre Installations. Due to poor acceptable standards of Chorus, Auckland Property Care Ltd accepts no liability to damage to their network in the following instances.
7.1. Buried underground with NO marker tape or/and NOT protected by mechanical protection.
7.2. Aerial cables run through existing trees.
7.3. Cables clipped/unclipped to existing structures unprotected by mechanical means.ie conduit.
While every endeavor not to damage fibre cables while working around them, the sub standard installation requires us to add this no liability clause. It is upon the owner of the premises to cover any resulting damage.