NATURAL STONE RESTORATION
TERMS AND CONDITIONS
NATURAL STONE RESTORATION LIMITED
TERMS AND CONDITIONS OF SALE
1.1 The instructions received by the Company from the Customer for the supply of services constitute a binding contract and acceptance of these terms and conditions.
2.1 The Price will be stated in writing or agreed orally between the Company and the Customer.
2.2 The Price may be increased by the amount of any reasonable increase in the cost of Services that is beyond the control of the Company between the date of the contract and the provision of Services.
3. Payment for Services
3.1 Payment will be made in full on or before completion of works. Payment cannot be withheld or paid in part for any reason.
3.2 If the Customer defaults in payment of any money due to the Company then:
a. all money due to the Company will immediately become due and payable and is to be paid on demand; and
b. interest may be charged on any amount owing after the Due Date at the rate of 10% per month or part month;
c. any expenses, disbursements and legal costs (on a solicitor/client basis) incurred by the Company in the enforcement of any rights contained in this contract will be paid by the Customer, including all debt collection and agency fees;
d. receipt of a cheque, bill of exchange, or other negotiable instrument by the Company is not payment until it is paid in full;
3.3 A deposit may be required before the provision of services.
4.1 Where a quote is given by the Company:
a. unless otherwise agreed the quote will be valid for thirty (30) days; and
b. all prices quoted unless otherwise stated will be GST exclusive.
4.2 The Customer acknowledges that the quote may change if any reasonable amendment is required for any reason. The Customer is liable for any increase in costs.
4.3 Where Services in addition to the quote are required the Customer agrees to pay for the additional costs of such Services.
5.1 The Customer authorizes the Company to contract either as principal or agent for the provision of Services.
5.2 Where clause 5.1 applies, any contract forms part of this agreement and the Customer agrees to pay any amounts due under that contract.
5.3 At any time, the Company can assign to any other person all or part of the debt owing to the Company by the Customer. Any such assignee will be entitled to claim full rights of set-off or counterclaim against the Customer, its charge holders or successors in respect of the debt or the part of it so assigned.
6. Payment Allocation
6.1 The Company may allocate any payment received from the Customer towards any invoice and may do so at the time of receipt or at any time afterwards.
6.2 On default by the Customer may reallocate any payments previously received and allocated.
7. General Lien
7.1 The Customer agrees that the Company may exercise a general lien against any Services or property belonging to the Customer that are in its possession for all money outstanding under this contract or any other contract to which the Customer and the Company are parties.
7.2 If the lien is not satisfied within seven (7) days of the Due Date the Company may, having given notice of the lien at its option, either:
a. remove such Services or property and store in such place and in such a manner as the Company thinks fit and proper and at the risk and expense of the Customer; or
b. sell such property upon terms as it thinks fit and apply the proceeds in or towards the discharge of the lien and the costs of sale without being liable to any person for damage caused.
8.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1996 and other statutes may impose warranties, conditions or obligations upon the Company. These warranties, conditions and obligations may or may not, or to only a limited extent, be excluded or modified. The company's liability shall, for such implied warranties, conditions or terms, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
8.2 The total liability of the Company for any breach of any of its obligations under this Contract will not exceed the Price.
8.3 Except as otherwise provided by clause 8.1 the Company shall not be liable for:
a. any direct or indirect loss or damage of any kind suffered or incurred by the Customer or any other person and whether in contract or tort (including negligence) or otherwise; and
b. the Customer will indemnify the Company against all claims and losses of any kind whatsoever however caused or arising, brought about by any person in connection with any matter, act, omission or error by the Company.
8.4 Except as otherwise provided by clause 8.1 the Company does not provide any warranty that the Services are suitable for the purpose for which they are required by the Customer and shall not be liable if they are not.
9.1 The Company will, without any liability and without any 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 this contract if the Customer:
a. fails to pay any money owing after the Due Date;
b. is subject to a resolution being passed or an order being made by any Court for the winding up of the Customer, except for the purposes of reconstruction or amalgamation; or
c. becomes insolvent, bankrupt or commits an act of bankruptcy or is placed in liquidation; or
d. makes or enters into or endeavors to make or enter into any composition, assignment or other arrangement with or for the benefit of the Customer's creditors.
9.2 Any cancellation or suspension of this agreement will not affect the Company's claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or any of the Customer's obligations to the Company.
9.3 After cancellation or suspension of this agreement, the Company is not required to provide any Services to the Customer.
10.1 The Customer authorises the Company to obtain information about the Customer from the Customer or any third party and divulge any such information to any third party in the course of the Company's business activities including, but not limited to, for the purposes of credit assessment or debt collection and direct marketing activities. The information collected will be retained by the Company while the Customer holds an account or continues to purchase the Services from the Company.
10.2 Where the Customer is a natural person the authority under clause 12.1 is consent for the purposes of the Privacy Act 1993.
12.1 The Company is not liable for the delay or failure to perform its obligations under this agreement caused by any circumstances beyond its reasonable control. This includes but is not limited to acts of God, labour disputes, severe economic dislocation, failure of manufacturers or suppliers or any other reason.
12.2 Failure by the Company to enforce any of the terms and conditions contained in this agreement is not a waiver of any of the rights or obligations the Company has under this agreement.
12.3 These conditions, together with the Price contained in any invoice issued by the Company to the Customer, if applicable, constitute the entire agreement between the Company and the Customer. It is agreed that there are no other understandings, representations or warranties or any kind (express or implied) forming part of this agreement.
12.4 If, for any reason, one or more provisions of these conditions as unenforceable, that shall be severed and all other provisions shall remain binding.
12.5 Where the terms and conditions of trade are at variance with the order or instructions from the Customer these terms and conditions of trade prevail.
12.6 Unless the Company elects otherwise, any dispute between the parties is to be dealt with in accordance with the Arbitration Act 1996.
12.7 Any court proceedings will be heard, if in the District Court jurisdiction in the District Court at Lower Hutt and, if in the High Court jurisdiction, in the High Court at Wellington.
13.1 "the Company " means Natural Stone Restoration Limited or any agents or employees of it.
13.2 "Customer" means any person purchasing services from the Company or, any person acting on behalf of and with the authority of the Customer.
13.3 "Services" means all services and advice provided by the Company to the Customer. This includes all charges for labour, hire charges, insurance charges or any fee or charges associated with the supply of services by the Company to the Customer.
13.4 "Price" means the cost of services as agreed between the Company and the Customer and includes all disbursements the Company pays to a third party on the Customer's behalf.