Weathermaster

New Zealand Window Shades Ltd

(hereinafter referred to as “the company”)

1. Unless otherwise agreed in writing all orders are accepted subject to the following terms and conditions notwithstanding anything to the contrary elsewhere whether by salespeople or order forms stating the contrary or agreement between the company and the buyer.
2. 1. The expression "the company" shall unless the context otherwise requires include the seller and the supplier and the agent or agents for the seller and or the supplier and
   2. Any reference to "the company" shall be deemed a reference to New Zealand Window Shades Limited.
3. Any order once placed with the company cannot be altered or cancelled without the written consent of the company and because goods are made to order acceptance by the buyer shall be deemed once the order has been placed with the company.
4. Goods supplied are manufactured from recognised quality materials and the company cannot warrant that the shade will correspond exactly with the code numbered samples submitted. Furthermore the company reserves, as part of its ongoing improvement plan, the right to modify the construction of any product or part thereof without incurring the obligation to make like or similar changes to any products previously supplied.
5. Delivery dates are given as approximations only but the company will manufacture as soon as possible after the order is received and will deliver (and install if installation is part of the contract) as soon as possible.
6. Measurements are trade measurements which are not necessarily actuarial.
7. Quotations are only binding upon the company if they are supplied by the company in writing and only if the buyer accepts the quotation in writing within 30 days of the date of the quotation.
8. The company may at its sole option as a prerequisite to making delivery of the goods the subject of this order require payment in advance or a guarantee for payment, a deposit or a progress payment or payment on delivery. In the event that the company does not exercise one of these options then and only in such case payment shall be due on or before the 20th day of the month following the date of invoice.
9. Should the buyer fail to pay the price or any part thereof on due date then and in such case interest shall be paid by the buyer at the then applicable Trading bank base rate plus four per centum (4%) calculated on a daily basis from the due date for payment to the date of actual payment.
10. In the event that the buyer shall fail to make payment due then the company reserves the right in addition to charging the interest set out in clause 9 hereof, to withhold delivery of any further goods to the buyer or the buyer's account until the purchase price and all accrued interest (if any) is paid.
11. The buyer agrees to pay the company's costs and expenses on a solicitor client basis incurred by the company as a result of the buyer's failure to pay the price or perform these terms.
12. Only the parties to this contract may receive benefits or accrue obligations under it.
13. Each order placed is treated separately by the company and cannot be combined with any other order.
14. If the company agrees to accept the return of goods (other than defective goods) it shall be entitled to charge a restocking fee equal to 10% of the invoiced price of the goods returned.
15. Disputed Accounts -If any account is in dispute the undisputed portion of the account shall be payable in accordance with the normal terms of trade as provided in paragraph one hereof. Payment of the disputed portion may be withheld provided the matter is brought to the credit controller's attention within ten (10) days from the date of invoice.
16. All goods supplied shall remain the sole and absolute property of the company as legal and equitable owner until such time as the buyer shall have paid the company the agreed price together with the full price for any other goods the subject of any other contract with the company. Until the company is paid in full for all goods the relationship of the purchaser to the company shall be fiduciary in respect of the goods which shall include but not be limited to storing the goods in such a way as to identify the company's goods if required . If any goods are sold by the purchaser prior to full payment thereof and if such goods shall become affixed or installed in or on buildings then the proceeds of sale of those buildings shall be the property of the company and/or proceeds from the sale of such buildings shall be charged with the monies outstanding to the company and the company shall have the right to trace the proceeds thereof according to the principles in RE HALLET'S ESTATE (1880) 13 Ch.d. 696, (1874-80) All ER Rep. 793. If payment is overdue in whole or in part the company may (without prejudice to any of its other rights) recover or resell the goods or any of them and may enter the purchaser's premises by its servants or agents for that purpose and shall not be liable for any damage, injury or loss caused as a result or its said recovery or resale.
17. Notwithstanding any provisions contained in this contract, such payment shall be due immediately upon the commencement of any act or proceedings in which the buyer's solvency is involved.
18. Risk in the goods supplied by the company to the buyer shall pass to the purchaser when the goods are delivered as defined in clause 23 to the buyer's premises or to the premises stipulated by the buyer to the buyer's agent; HOWEVER the ownership of the goods delivered to the purchaser or its agent shall not be transferred to the purchaser but shall remain with the company, which reserves the right to dispose of the goods until payment in full for all goods supplied has been received by the company in accordance with the terms of this contract or until such time as the purchaser sells the goods to any third party by way of bona fide sale at full market value.
19. The company is not liable to the buyer for failure to deliver goods where such failure arises from any circumstances beyond the company's control.
20. The company's liability for goods sold shall be limited at the company's option to replacement or the repair of faulty goods or workmanship or to the bringing of the goods into conformity with any applicable specifications or damages in an amount not exceeding the contract price.
21. The liability of the company (subject to any overriding statutory enactment) whether in contract or in tort or otherwise for any loss, damage, or injury arising directly or indirectly from any defect in or non-compliance to the goods or services or from any other breach of the company's obligations hereunder shall not in any event exceed an amount equivalent to the contract price.
22. The buyer in placing an order with the company authorises the company to make all credit and other enquiries about the buyer within the company's normal procedures from any person or agency or other trade supplier or credit agency provided that the information obtained is confined to that reasonably required by the company for its purposes.
23. 1. Where the buyer does not take delivery at the time and the place agreed for any reason other than the company's default then delivery or supply shall be deemed to have been made when the company is willing to deliver or supply and the buyer shall never the less make any payments required herein upon the basis that such delivery or supply has been effected and;
    2. The company reserves the right to delivery by instalments and each such instalment shall be deemed to be a separate contract subject to the same conditions herein and;
    3. Failure to make any delivery and/or defective delivery shall not prejudice the right of the company to make subsequent deliveries nor shall it entitle the buyer to refuse to accept the same or to terminate the contract either as a whole or in part or to any right or claim to damages whether for delay, non delivery or otherwise.
24. All the original rights, powers, exemptions and remedies of the company shall remain if full force and effect notwithstanding any neglect, forbearance or delay in the enforcement thereof and the company shall not be deemed to have waived any condition unless such waiver shall be in writing under the signature of the General Manager or Operations Manager of the company.
25. Minimum invoice value for charging to accounts is $25.00 excluding G.S.T.
26. Self Measure Waiver. If you choose to provide your own measurements, we advise that New Zealand Window Shades Ltd will not be liable for any additional costs to remake or modify to fit should the supplied measurements be incorrect.
27. Self Install Waiver. If you choose to arrange your own installation, we advise factory guarantees will become void if the standard of installation damages the product or affects the manner of the operation in any way. Furthermore, New Zealand Window Shades Ltd will not be liable for any additional costs of installation, or make good repairs.

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