TERMS AND CONDITIONS OF SALE

  1. DEFINITIONS:
    2. In these conditions:
    “Company” means Roofing the Bay Limited.
    “Buyer” means the party purchasing or intending to purchase the
    goods from the Company
  2. APPLICATION OF CONDITONS:
    3. These conditions shall apply to any quotations for sale of goods by
    the Company to the Buyer. No variation to these conditions stipulated
    by the Buyer shall be binding unless accepted by the Company in
    writing. By dealing with the Company following receipt of these
    conditions the Buyer confirms that the conditions apply to all contracts
    with the Company whether or not expressly set out at the time a
    quotation is given, and order received or a contract entered into.
  3. ACCEPTANCE:
    4. Quotations are open for acceptance for one (1) month from date of
    quotation unless otherwise nominated within the quotation. A quotation
    is given expressly subject to the conditions stated in it and on acceptance
    of the quotation those conditions will be binding on the Buyer. There
    can be no acceptance without those conditions applying.
  4. CANCELLATION:
    5. Cancellation of an order will only be accepted if advised to the Company
    in writing. Any costs incurred by the Company as a result of cancellation
    will be the responsibility of the Buyer.
  5. VARIATIONS:
    6. Variations of an order will only be accepted if advised to the Company
    in writing. Any additional costs incurred as a result of the variation
    will be the responsibility of the Buyer.
  6. CONTRACT TIME:
    7. Where possible contract dates will be met. No responsibility will be
    accepted by the Company for the non-performance of a material
    supplier when every effort has been made by the Company to procure
    materials to meet delivery dates.
  7. PRICES:
    8. Unless otherwise stated quotations are based on current ruling costs
    of labour and overheads and on latest quotations available form
    suppliers and subcontractors. Any increase in costs occurring after
    the dates of expiry of the quotation are to be met by the Buyer. Unless
    otherwise stated GST will be an additional charge.
  8. WARRANTY:
    9. The following warranty conditions apply to products and services
    provided by the Company. The Company undertakes to carry out the
    work in accordance with the terms of the contract in proper
    workmanlike manner with the materials as specified. Responsibility
    will not be accepted by the Company for any defects unless a written
    complaint is first addressed to the Company and the Company has
    been given first priority to rectify the defect. The Company will not be
    held responsible for any work carried out by other contractors. Provided
    terms of payment are complied with the Company will undertake to
    remedy any original defects arising from faulty workmanship or
    materials in any goods manufactured by it and used under reasonable
    and normal conditions without abuse for the period specified in the
    contract. Provided always that the Company will not be liable for any damage
    or failure of material or item function caused by circumstances attributable to:
    1. Faulty construction of any part of the building, material or item for
      2. which the Company was not responsible.
    2. Fire.
    3. Willful acts or negligence by the Buyer or any person other than
      4. the Company.
    4. The result of the forces of nature which are beyond the control of
      5. the Company and for which with reasonable foresight and ability
      the Company could not foresee or provide against.
  9. CONSEQUENTIAL DAMAGE:
    10. Liability for consequential damage or loss is expressly excluded.
  10. DRAWINGS DETAILS ETC:
    11. Any drawings or details submitted with a quotation are for quotation
    purposes only and shall not form part of any contract.In the event
    of an order being pleased certified information will be supplied if requested.
  11. POINT OF DELIVERY:
    12. Except in regard to goods or materials to be erected or installed by the
    Company the Company delivery unless otherwise stated will be ex factory.
    Where arrangements are made for goods to be delivered whether by the
    Company’s transport or others a delivery note is to be signed by the Buyer.
    Failure to sign a delivery note when a delivery is taken will be deemed to be
    acceptance in good condition of the goods supplied.
    In the event of damage or loss incurred during delivery the Buyer must
    notify the Company forthwith and register a claim with the carrier
    concerned within 7 days.
  12. LIQUIDATED DAMAGES:
    13. No responsibility will be accepted by the Company for liquidated
    damages for claims arising from late delivery or installation.
  13. OWNERSHIP AND RISK:
    1. Risk in any goods supplied by the Company to the Buyer shall
      2. pass when the goods are delivered to the Buyer or into custody
      on the Buyer behalf, but ownership of and the property in those
      goods is at all times and in all circumstances retained by the
      Company until payment in full is made for them. If those goods
      supplied are merged with the property of another or are sold then
      the right to trace the merged goods and the proceeds of sale of
      the goods supplied or the merged goods are vested in and are
      the exclusive property of the Company.
    2. If payment for any goods supplied is overdue or the Buyer becomes
      3. insolvent or a liquidator or receiver for the Buyer is
      appointed or any other event occurs which indicates to the Company the
      Buyer is under financial difficulties then the Buyer hereby authorizes the
      Company by its servants and agents to go on the premises of the Buyer or
      premises of which the Buyer is in lawful occupation at any time or times to
      recover any of the goods supplied or merged goods and for which payment
      has not been made.
  14. PAYMENT:
    1. Unless otherwise agreed in writing accounts for goods or services supplied
      2. must be met in full by the 20th of the month following invoice date. If
      payments is not so made the Company reserves the right to charge interest
      at the rate of two per cent (2%) per month from the date payment was due
      to the date of payment but liability for payment of interest or the
      Company’s acceptance thereof shall not prejudice the Company’s legal
      rights and remedies for recovery of the full amount for the goods and
      services charged. The charging for default interest shall in no way imply
      the granting or an extension of credit by the Company to the Buyer.
    2. The Buyer shall be liable to pay all expenses and costs (including
      3. legal costs as between solicitor and client) in relation to the Company
      obtaining or attempting to obtain a remedy for the failure to pay.
  15. PERSONAL PROPERTY SECURITIES:
    1. The Buyer grants to the Company a security interest in all present and after
      2. acquired goods and their proceeds.
    2. To the extent permitted by law, the Buyer and the Company
      3. contract out of:
      1. section 114(1)(a) of the PPSA.
      2. the Buyer’s rights referred to in sections 107(2)(c),(d).(h); and
        3. (I) of the PPSA.
    3. The Buyer waives its rights to receive a copy of any verification
      4. statement in respect of any financing statement relating to any security
      interest granted to the Company by the Buyer.
    4. The Buyer agrees to indemnify the Company, upon demand, for
      5. all costs and expenses (including legal fees) incurred by the Company:
      1. as a result of the occurrence of an Event of Default (including upon
        2. actual or attempted enforcement of any security interest
        granted to the Company by the Buyer): and
      2. in complying with any demand made under section 162 of the
        3. PPSA.
    5. On request of the Company, the Buyer shall promptly do all things
      6. (including signing any delivery docket and/or invoice) and provide
      information necessary to enable the Company to perfect and maintain the
      perfection of any security interest granted to the Company by the Buyer
      (including by registration of a financing statement).
  16. RETENTIONS:
    17. No retentions shall be made by the Buyer unless specifically agreed
    to by the Company in the quotation.
  17. CUSTOMERS PROPERTY:
    18. Customers property supplied to the Company shall be wholly at the
    risk of the Buyer. All care will be taken in using the material but no
    responsibility will be taken for damage to such material or liability for
    replacement.
  18. LAWS TO APPLY:
    19. The contract shall be governed by the laws of New Zealand and no
    action or proceeding of any nature shall be initiated against the
    Company except in New Zealand Courts.
  19. ARBITRATION:
    20. Should any dispute or difference arise between the parties as to the
    construction of the contract or as to any matter or thing of whatsoever
    there under or in connection therewith then such dispute or difference shall be
    referred to arbitration in accordance with the provisions of the Arbitration Act
    1996 and its amendment’s or any similar Act for the time being in force.