RIGGING AND MARINE NZ
Terms and Conditions of Trade
The following terms and conditions apply to Work provided by Rigging and Marine NZ at the request of the Customer.
Please read carefully.
Definitions and Interpretation
"the Act" means the Consumer Guarantees Act 1993.
"Customer" means the person or legal entity placing the Order with Rigging and Marine NZ Ltd
"the Customers address for service" the postal address provided by the Customer
"Contract price" means the total cost of the Order.
"Delivery" means the time the Goods leave the premises of Rigging and Marine NZ or the date when the Goods are appropriated by Rigging and Marine NZ for the Order.
"the Goods" means all Goods or Services supplied by Rigging and Marine NZ to the Customer at the Customer’s request.
"the Information" means the information contained in the Order.
"the Order" means the order of the Customer to Rigging and Marine NZ to provide the Goods and/ or Services.
"Rigging and Marine NZ" means Rigging and Marine NZ Limited and its successors and assigns.
“Services” means consulting on, design and installation of yacht spars and rigging systems.
"Work" means the provision of the Goods and/ or Services by Rigging and Marine NZ.
Rigging and Marine NZ Commitment
1. Upon receipt of the Order and observance by the Customer of the Terms and Conditions of Contract, Rigging and Marine NZ shall complete the Work to a proper and workmanlike standard using best trade practice.
(a) If there is any delay in obtaining the Goods necessary for the Work Rigging and Marine NZ will use its best endeavours to resolve those delays but shall not be liable for any losses caused by such delay.
(b) While Rigging and Marine NZ will use its best endeavours to complete the Work by the proposed completion date if the Work is delayed by inclement weather or conditions resulting from inclement weather, Rigging and Marine NZ will be entitled to a reasonable extension of time to complete the Work and shall not be liable for any losses caused by such delay. Both Rigging and Marine NZ and the Customer will take all reasonable steps to minimise any delay in the Work.
Acceptance of Terms and Conditions of Contract
2. By placing the Order with Rigging and Marine NZ to carry out the Work, the Customer confirms acceptance of these "Terms and Conditions of Contract".
The Contract Price
3. Rigging and Marine NZ will advise the Contract price or an indication of the Contract price as an estimate.
4. Any estimate will be subject to any conditions notified by Rigging and Marine NZ to the Customer at the time the estimate is given. If the notified conditions are not, or cannot be met, Rigging and Marine NZ will be entitled to increase the Contract price above the estimated amount.
5. Rigging and Marine NZ will notify the Customer at the Customers address for service of any change in circumstances which alters an estimate.
Billing and Payment
6. Rigging and Marine NZ may either send an invoice at the completion of the Work or may send interim invoices. Rigging and Marine NZ will send interim invoices where the Contract price:
6.1 contemplates months rather than weeks to complete or
6.2 requires an advance deposit, or
6.3 requires the procurement of Goods in advance.
7. Where Rigging and Marine NZ sends an invoice for money to be paid in advance, Rigging and Marine NZ will not start work until payment of the invoice is made.
8. The Customer shall pay any invoice from Rigging and Marine NZ without deduction within 7 days of the date of the invoice.
9. If the Customer does not pay Rigging and Marine NZ by the due date, then the Customer agrees to pay:
9.1 interest on the outstanding invoice balance at 2% per month from the start of the month following the month in which payment was due, and
9.2 all expenses, legal costs and collection commissions incurred by Rigging and Marine NZ in taking any steps to obtain payment of any outstanding invoice or recovery of the Goods.
Ownership and Risk
10. The risk of any loss or damage to the Goods shall pass to the Customer upon Delivery.
11. The legal ownership of the Goods delivered shall not pass to the Customer until Rigging and Marine NZ has received payment of the Contract Price.
12. Until payment of the Contract Price is received, the Customer takes possession of the Goods supplied as bailee of Rigging and Marine NZ and where necessary shall keep the Goods in separate storage with records of the Goods owned by Rigging and Marine NZ.
13. If payment of any invoice is not made to Rigging and Marine NZ by the due date or the Customer commits an act of bankruptcy or is placed in receivership or goes into liquidation, then the Customer irrevocably permits Rigging and Marine NZ (without prejudice to any other rights of Rigging and Marine NZ by its agents or servants) to enter the Customer's premises or vessel or any other premises or land where the Goods are to retrieve the Goods without liability for such retrieval however it may be carried out and to resell the Goods.
Warranty
14. Subject to the conditions of warranty below Rigging and Marine NZ warrants that if any defect in the workmanship carried out by Rigging and Marine NZ becomes apparent and is reported to Rigging and Marine NZ within 30 days of the date of completion (time being of the essence) then Rigging and Marine NZ will repair the defect.
15. The conditions applicable to the warranty in Clause 14 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) Failure on the part of the Customer to properly maintain any Goods,
(ii) Failure on the part of the Customer to follow any instructions or guidelines provided by Rigging and Marine NZ,
(iii) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user,
(iv) Poor project design or causes outside the specification,
(v) Any deliberate, wilful, reckless, or negligent act,
(vi) Excessive pressure or stress from any source,
(vii) Acts of God, including but not limited to floods, piercing hail, tornadoes, earthquakes, or force majeure,
(viii) Fair wear and tear or accident.
(b) The warranty shall cease, and Rigging and Marine NZ shall thereafter in no circumstances be liable under the terms of the warranty if the defect is repaired, altered, or overhauled without Rigging and Marine NZ’s consent.
(c) In respect of all claims, Rigging and Marine NZ shall not be liable to compensate the Customer for any delay in repairing the defect or in properly assessing the Customers claim.
16. For Goods not manufactured by Rigging and Marine NZ the warranty shall be the current warranty provided by the manufacturer of the Goods. Rigging and Marine NZ shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
Privacy Act 1993
17. The Customer acknowledges the Information will be used for the purposes of assessing the Order, administering the Order and the Terms and Conditions of Contract between the Customer and Rigging and Marine NZ, marketing goods and services provided by Rigging and Marine NZ and carrying out market research by and on behalf of Rigging and Marine NZ.
18. The Customer irrevocably authorises Rigging and Marine NZ to use the Information for the above purposes and to provide the Information (along with details of any dealings between the Customer and Rigging and Marine NZ to any third party and to obtain any information concerning the Customer from any other source.
19. The Customer's rights of access to and correction of any Information held by Rigging and Marine NZ are not affected by these acknowledgements and authorities.
Consumer Guarantees Act 1993
20. Where the Goods or services are not supplied for personal, domestic, or household use or consumption or are supplied for the purposes of a business, the provisions of the Act shall not apply, and all provisions of the Act are hereby excluded.
Ownership of Intellectual Property
21. The diagrams, drawings, lists, estimate/quotation are protected by copyright.
22. If the Contract provides that copyright shall pass from Rigging and Marine NZ to the Customer, copyright shall not pass until all money due from the Customer has been paid.
Cancellation
23. The Customer shall not be entitled to cancel any Order or part of an Order without the written consent of Rigging and Marine NZ and then only if it agrees to reimburse Rigging and Marine NZ for all costs (including the costs of relocating labour and Goods) directly or indirectly incurred by Rigging and Marine NZ until the date of cancellation.
24. Rigging and Marine NZ shall be entitled to cancel any Order if the Customer, being a company or body corporate shall go into liquidation or receivership or, being a person, becomes bankrupt.