Our Terms and Conditions
Machinery Relocations shall mean Machinery Relocations Ltd, or any agent or employees thereof.
“Customer” shall mean the Customer, any person acting on behalf and with the authority of the Customer, or any person purchasing products or and services from Machinery Relocations.
“Goods” shall mean any items of whatsoever nature that are supplied by Machinery Relocations.
“Goods and services” shall mean all goods, products, services and advice provided by Machinery Relocations to the Customer.
AGREEMENT TO SUPPLY
Subject to the conditions set out below, Machinery Relocations Ltd agrees to supply the Customer with goods and services. The Customer agrees to pay the price for goods and services to Machinery Relocations in accordance with the conditions set out below. This agreement shall apply to every sale or agreement for sale made by Machinery Relocations and the Customer after the date hereof and no variation of the agreement shall be effective unless it is evidenced in writing and signed on behalf of Machinery Relocations Ltd.
COLLECTION AND USE OF INFORMATION
The Customer authorises Machinery Relocations to collect, retain and use personal information about the Customer for the purpose of assessing the Customer’s credit worthiness or disclosing to a third party details of the application and any subsequent dealings it may have the Machinery Relocations for the purpose of recovering amounts payable by the Customer and providing credit references.
Where no price is stated in writing or agreed to orally, the equipment and services shall be deemed to be sold at the current amount as such equipment and services are sold by Machinery Relocations at the time of the contract.
The price may be increased by the amount of any reasonable increase in the cost of supply of the equipment and services that is beyond the control of Machinery Relocations between the date of the contract and delivery of contract and services.
Machinery Relocations may require the payment of a deposit, the sum of which will be determined by Machinery Relocations at its sole discretion.
Unless otherwise agreed, payment for goods and services shall be made in full on or before seven (7) days following the date of invoice (the due date).
Interest may by charged on overdue accounts at 2.5% on the outstanding amount each month.
Any expense costs or disbursements incurred by Machinery Relocations in recovering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer.
Any notice given to the Customer regarding payment shall be deemed to be given from its being posted or sent by fax to the address of the Customer set out in this agreement of the Customer’s registered office of the Customer’s last known address.
Where a written quotation is given by Machinery Relocations for equipment and services the quotation shall remain valid of thirty (30) days from the date of issue. Where additional equipment and services are required in addition to the quotation the Customer agrees to pay for the additional cost of such equipment and services. Any quoted prices may be subject to certain requirements provided by Machinery Relocations to the Customer which are to be read in addition to these terms and conditions of trade. Only written quotations are binding on Machinery Relocations.
No claim relating to equipment and services will be considered unless made within seven (7) days of delivery of goods or services.
DAMAGE TO GOODS
Machinery Relocations accepts no responsibility for loss or damage to goods except for loss or damage arising out of any negligent act or default of Machinery Relocations. All goods are carried at Owner’s Risk (Carriage of Goods Act 1979) and we advise that the customer arranges their own transit insurance.
DAMAGE TO SERVICES AND PROPERTY
We will be bringing heavy equipment onto the site and require clear and legal access. The customer shall be solely responsible for all damage which may be caused to underground and overhead services, footpaths, driveways, grounds, lawns, fences, structures, vehicles or other property whatsoever caused during the period of the work.
Machinery Relocations will not be responsible for any loss or damage arising out of any stoppage or delay occasioned by a cause beyond Machinery Relocations control including but not limited to weather conditions, ground conditions, strikes and industrial disputes.
HEALTH AND SAFETY OBLIGATIONS
Machinery Relocations and the Customer are jointly responsible for the health and safety of all staff, contractors and public and will meet all requirements.
CONSUMER GUARANTEES ACT
The guarantees contained in the Consumer Guarantees Act 1983 are excluded where the customer acquires equipment and services from Machinery Relocations for the purposes of a business in terms of section 2 and 43 of that Act.
Machinery Relocations will not be liable for any loss or damage of any kind whatsoever arising from equipment hired not arriving on time or from deficiencies in the performance of equipment hired by the Customer.
PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
If the customer is a company or trust, the director(s) signing this contract, in consideration for Machinery Relocations agreeing to supply goods or services and grant credit to the customer, also sign this contract in their personal capacity and jointly and severally personally guarantee and undertake to Machinery Relocations the payment of any and all other monies now or hereafter owed by the customer to Machinery Relocations. Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The Guarantors and customer shall be jointly and severally liable under the terms and conditions of this contract.
The contract and these conditions of sale shall be governed by New Zealand law and the New Zealand Courts shall have exclusive jurisdiction in connection herewith.