1.1 ‘Concept Construction’ / ‘CCL’ shall mean Concept Construction Limited, its agents or employees thereof.
1.2 ‘Customer’ shall mean the customer, its agents and employees, or any person acting on behalf of and with the authority of the customer, or any person purchasing goods from Concept Construction.
1.3 ‘Goods’ shall mean all goods being purchased by the Customer from Concept Construction.
1.4 ‘Price’ shall mean the cost of the goods as agreed between Concept Construction and the Customer subject to clause 4 of this contract.
2.1 Any orders received by Concept Construction from the Customer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.
3 USE OF INFORMATION
3.1 The Customer authorises Concept Construction to collect, retain and use any information about the Customer or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods and services provided by Concept Construction to any other party.
3.2 The Customer authorises Concept Construction to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 The price quoted for goods is based on rates and charges in effect at the date of quotation. Quotations will be valid for one month.
4.2 All prices are exclusive of GST unless otherwise stated.
4.3 Concept Construction may alter the prices of goods without notice.
5.1 Payment for goods shall be made in one of the following ways:
5.1.1 Where the Customer has an existing account with Concept Construction, or has arranged an account with Concept Construction, the invoiced amount shall be paid in full on or before 20th day of the month following the date of the invoice, or
5.1.2 Where specified by Concept Construction, 45% deposit will be required and the balance shall be paid in full within seven (7) days following the date of invoice or;
5.1.3 In full on receipt of goods or completion of the project
5.2 Interest may be charged on any amount owing after the due date at the rate of 15% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Concept Construction in the enforcement of any right contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Payment by bank transfer will not be considered payment until the payment has been fully cleared through the banking system into Concept Construction’s bank account
6.1 Title in the goods passes to the Customer when the Customer has made payment in full for all goods supplied by Concept Construction.
6.2 The Customer gives irrevocable authority to Concept Construction to enter any premises occupied by the Customer, at any reasonable time, to remove any goods not paid for in full by the Customer. Concept Construction shall not be liable for costs, damages or expenses or any other losses incurred by the Customer or any third party as a result of this action, nor be liable in contract or in tort or otherwise in any way whatsoever.
7.1 Risk in the goods will pass to the Customer at the time of delivery.
7.2 Goods are offered subject to availability from Concept Construction’s suppliers.
7.3 The Customer shall be responsible for the cost of delivery of the goods, unless otherwise agreed in writing.
7.4 The Customer shall be responsible for the arrangement and costs of freight and transit insurance for the goods.
7.5 Delivery dates are given in good faith, but are not to be treated as a condition of sale.
7.6 All claims for shortage or damage during delivery must be to both the carrier and Concept Construction immediately and within 7 days of date of delivery of the goods.
7.7 Concept Construction’s liability for shortage or damage is limited to making up shortages and repair or replacement of the damaged goods. In no event will Concept Construction be liable for any consequential loss or damage resulting from such shortage or defect in the goods.
9.1 Concept Construction is not obliged to accept the return of any goods for credit and may grant or refuse any such requests at its sole discretion
9.1.2 Requests for goods to be returned for credit will be considered only if received in writing within 7 days of the delivery of the goods and quoting the invoice number.
9.1.3 Returned goods must be in the same condition as dispatched.
9.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires goods from Concept Construction for the purposes of a business in terms of sections 2 and 43 of that Act.
10.1 No representation, condition, warranty, or premise expressed or implied by law or otherwise applies to goods except where goods are supplied pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract.
10.2 Concept Construction does not provide any warranty or promise as to conditions, state of repair, or that the goods are fit and suitable for the purpose for which they are required by the Customer and shall not be liable if they are not.
11.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Concept Construction agreeing to supply goods and grant credit to the Customer also sign in their personal capacity and jointly and severally personally guarantee and undertake to Concept Construction the payment of any and all other monies now and hereafter owed by the Customer to Concept Construction. Any personal guarantee made by any party shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in the contract. The guarantors and Customer shall be jointly and severally liable under the terms and conditions of this contract.
12.1 The laws of New Zealand shall apply to this contract.
12.2 Where the terms of this contract are a variance with the order or instruction from the Customer, this contract shall prevail.
12.3 Failure by Concept Construction to enforce any of the terms and conditions contained in this contract shall not be deemed to be waiver of any of the rights or obligations Concept Construction has under this contract.
12.4 Concept Construction shall, without any liability, and without prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods to the Customer if the Customer fails to pay any money owing after the due date or the Customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.
12.5 Any cancellation or suspension under clause 10 of this agreement shall not affect Concept Construction’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract.
12.6 Concept Construction shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.