(ASAER ) General Terms & Conditions
(1) DEFINITIONS & GENERAL
- “ASAER shall mean All Seasons Air & Elite Refrigeration Ltd – The CUSTOMER shall mean the purchaser of any goods or services from ASAER
- “GOODS” or Work carried out – shall mean any associated product or service produced or provided by ASAER in accordance with the customers instructions / orders.
- These terms and conditions and any other agreements with ASAER can only be varied by ASAER ‘s express acceptance in writing.
Any order received by ASAER from the customer and /or use of this account shall constitute acceptance of these terms and conditions.
(3) PAYMENT TERMS
- Unless otherwise agreed to by ASAER in writing the price of the goods or services supplied shall be ASAERs price ruling at the time and date of dispatch.
- All attendances outside of normal working hours week days from 8am to 4.30pm will be charged out at After-hours rates.
- Should the work carried out by ASAER subject to a claim between the customer and a third party (Such as the customers Insurers) the customer undertakes to make full payment in accordance with ASAER normal terms regardless of whether the Customer has been indemnified by the third party.
- All accounts shall be payable on completion of work carried out by ASAER. Where credit facilities have been granted by ASAER, all accounts shall be paid no later than the 20th of the month following the date of invoice or receipt of goods, whichever is the earlier. Interest may b charged on overdue accounts at a rate of 2.5% per month at ASAER discretion.
- NO payment shall be withheld for any disputed portion of an invoice/account unless full written details of the disputed portion are sent to ASAER within 7 days of receiving the account/invoice) along with full documentation to support the withheld portion.
- Any expenses, costs or disbursements incurred by ASAER in recovery or attempted recovery of moneys owing or outstanding including debt collection fees by solicitors costs shall be charged normally by that debt collection agency/solicitor.
- ASAER shall be entitled to without notice to terminate or suspend any credit arrangement with the customer in the event of :
- The customer defaulting in any term or condition herein: or
- The customer’s actions, statements or conduct repudiates the contract by making it clear that it does not intend to perform its obligations under it.
- In either event all monies owing by the Customer to ASAER shall be immediately due and payable notwithstanding that the time(s)for payment is yet to arrive.
- ASAER shall be entitled at any time during the continuity of this credit arrangement ( If approved) to request such security or additional security as ASAER shall in its discretion think fit and shall be entitled to withhold supply of any goods or credit arrangements until such security id s provided by the customer
- In the event of liquidation or bankruptcy of the customer , ASAER shall be at liberty to set off any funds owed by ASAER to the customer against any payment due from the Customer to ASAER, whether it be by way of set off , counter claim, credit note or otherwise.
(4) DELIVERY & RISK OF GOODS
- Delivery shall be deemed complete when ASAER gives possession of the goods to a carrier for delivery to the customer, or as the Customer has directed.ASAER shall not be liable for any loss or damage whatever due to failure by ASAER to deliver the goods (or any of them)promptly or at all .ASAER reserves the right to deliver the goods by instalment and each instalment shall be deemed to be a separate contract subject to the same conditions as the main contract. Failure by ASAER to deliver one of more instalments, shall not entitle the customer to repudiate the main contract.
- Risk shall pass to the Customer when the goods are delivered. If the Customer requests ASAER to delay delivery and ASAER agree to delay the delivery, risk shall pass on the date of the customer’s request for such delay.
(5) RECIEPT AND RETURN OF GOODS
- All goods must be carefully checked upon receipt. Please check all goods are in the correct condition, name ,colour, quantity, size and length , finish etc.
- NO claims will be accepted once goods have been converted in any way.
- Returns will only be accepted if the goods are in accordance with the Customers order and are returned within 10 days of being received. ASAERshall not be at liberty to decline or refuse such a return as it thinks fit. A 15% restocking fee may apply.
(6) CANCELATION OF ORDERS
- The customer acknowledges that orders may not be cancelled and /or altered without prior approval and arrangement in writing from ASAER.ASAER shall be at liberty to decline or refuse such a request and a restocking fee of 15% may be applicable.
(7) ROMALPA CLUASE
- Title to any goods supplied by ASAER does not pass ownership until all money owing by the Customer has been paid in full.
- Until ASAER shall store goods in such a way that it clearly remains the property of ASAER
- The good must be stored in such a manner that they cannot deteriorate or be damaged.
- Not with standing any part of this clause 7 hereof, the customer may sell or use any of the goods during its ordinary course of business for full consideration. This Authority shall be revoked from the earlier of:
- The Customers breach of these terms and conditions : or
- The Customer committing an act of bankruptcy, entering into any agreement with creditors, or if a company, a resolution being passed or an application being a receiver or a statutory manager being appointed over its assets: or
- ASAER notifying the customer in writing that the authority is revoked.
- The Customer Irrevocably gives ASAER ( Or its agents)authority without the necessity of giving notice to enter the premises which ASAER on reasonablegrounds believe the goods to be stored, to inspect, remove, or repossess any goods supplied by ASAER and not paid for by the Customer. ASAER shall not be held liable for costs, damages or expenses or any other money losses suffered by the Customer as a result of this action. The Customer shall also indemnify ASAER against any liability against any third party suffered BY ASAER as a result of such actions.
- ASAER Shall not be liable for :
- Any minor variation in product specifications including but not limited to colour or design, which may occur from time to time , or
- Any profit or loss of profits: or
- Any consequential , indirect or special loss: or
- Damage,injury, cost or loss of any kind arising directly from any breach of ASAERs obligations to the Customer however occurring and any negligence on its part of ASAER
- Where ASAER is liable to the Customer , unless otherwise agreed in writing between ASAER and the Customer , the maximum cost of any liability of ASAER to the Customer however shall not exceed the lesser of :
- a) The contract price: or
- b) The value of the goods or service which is subject to the claim
- The benefits and obligations of the terms of this contract shall be considered as if governed by New Zealand Law
- Where New Zealand has a reciprocal agreement for the enforcement of New Zealand Judgments with the country of the Customer and / or guarantor, any litigation in relation to this agreement and /or associated guarantee shall at ASAER’s discretion be commenced in New Zealand.
(10) CONSUMERS GURANTEES ACT 1993
- The guarantees contained in the Consumers Guarantee ACT 1993 are expressly excluded where the Customer acquires goods or services from ASAER for the purpose of business
- If the Customer on sells the goods to a third party , the Customer agrees to indemnify ASAER for any losses incurred due to third party claims against ASAER as Importer , supplier or manufacturer