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1.
Except as varied by agreement in writing signed by both parties these
conditions of sale shall apply in respect of all goods and services
supplied by Pacific Driveline Limited ("The company"). The term
"services" includes all labour, technical information, designs and
advice provided by the company.
2.
Drawings, specifications and descriptive documents
Any technical
information or advice given by the company shall remain the exclusive
property of the company and may not be copied or communicated to a third
party without the prior written consent of the company. Copyright in
all plans and other documents and in the works executed from them shall
remain the exclusive property of the company and may be used only for
the purposes for which they were supplied.
3.
Services and advice
All services provided by
the company are provided in good faith on the basis of the intended use
of the goods on the assumption that such goods will be used strictly in
accordance with directions given by a suitably qualified marine or
industrial engineer. All goods, new and repaired are supplied based
on the terms and guidelines indicated on the Q/A sheets provided before
customer confirmation.
4.
Prices
(a) All prices for the
supply of goods and materials shall be subject to increase by the
amount of any increase in costs to the company including, foreign
exchange fluctuations, taxes and duties, cost of labour, materials and
other manufacturing costs and any other circumstances beyond the
control of the company between the date of quotation and the date of
delivery.
(b) For the supply of
services, fees shall be charged either on a time basis or on a fixed
quote basis. The purchaser will pay the company for all job related
costs including disbursements, communication, copying, testing and
traveling expenses.
5.
Terms of payment
The terms of payment are
50% deposit with order and balance payable on the 20th day of the month
following that in which the goods or services are dispatched to the
purchaser. For non-account customers, payment shall be made before
dispatch of goods and/or services.
6.
Delivery
Delivery shall be deemed
complete when the company gives possession of the goods to a carrier for
delivery to the purchaser, or as the purchaser has directed. The
company shall not be liable for any loss or damage whatsoever due to
failure by the company to deliver the goods (or any of them) promptly or
not at all. The company reserves the right to deliver the goods by
installments and each installment shall be deemed to be a separate
contract subject to the same conditions as the main contract. Should
the company fail to deliver one or more installment, this shall not
entitle the purchaser to repudiate the main contract.
7.
Guarantees and warranties
No guarantees,
warranties, representations or agreements made on behalf of the company
shall be binding on the company unless made in writing.
8.
Six month warranty
Subject to the
limitation of liability in clause 12, the company will repair any
defects in its workmanship within six months of the completion of the
work involved.
No claim will be available under this
warranty unless the company receives written notice of the claim as soon
as reasonably possible after the defect is discovered nor will any claim
be available if the defective work has been modified or incorrectly
maintained, installed or operated and that is the cause of the defect.
If under this warranty
the company is required to repair any defect, the repair will be carried
out at such place as the company specifies and the purchaser shall be
responsible for shipment of the defective goods to such place. The
purchaser shall also be responsible for all hardstand or storage fees.
This warranty shall not apply to any
defective goods or components not manufactured by the company and no
warranties are given by the company in respect of such goods or
components. Where the manufacturer or supplier of any such goods or
components provides any warranty, the company (to the extent that it is
reasonably able to do so) will make such warranty available to the
purchaser.
In any event, the
company's liability under its warranty is limited to the provisions of
clause 12.
9.
Returns
Claims for wrong or
short deliveries of goods will only be accepted if made within seven
days of receipt of goods. Invoice details must accompany any such
claims. A fee of $25.00 will be charged whenever a credit note is
raised unless the credit is due to an error on the part of the company.
10.
Risk
Risk shall pass to the
purchaser when the goods are delivered. If the purchaser requests and
the company agree to a delay in delivery, risk shall pass upon the date
of the purchaser's request for such delay.
11.
Title
(a) Title to any goods
supplied by the company does not pass until all money owing by the
purchaser to the company has been paid in full.
(b) Until the company
has been paid in full for the goods, the purchaser shall hold the
goods as bailee and as agent for the company and the purchaser shall
store the goods in such a way that it is clear that they are the
property of the company.
(c) The goods shall be
stored in such manner that they will not deteriorate.
(d) The purchaser
irrevocably gives the company (or its agents) authority without the
necessity of giving any notice to enter the premises occupied by the
purchaser to remove any goods supplied by the company and not paid for
by the purchaser.
(e) Where the goods or
any of them are completely or partly attached to any other equipment,
vessel or structure, the company may disconnect the goods for removal.
12.
Liability
(a) The company shall
not be liable for:
(i) Any loss of
profits; or
(ii) Any
consequential, indirect or special loss; or
(iii) Damage,
injury, cost or loss of any kind (except that covered by the
company's warranty), arising directly or indirectly from any breach
of the company's obligations to the purchaser however occurring
including any negligence on the part of the company.
(b) Where the company
is liable to the purchaser, unless otherwise agreed in writing between
the company and the purchaser, the maximum cost of any liability of
the company to the customer howsoever arising shall not exceed the
lesser of:
(i) The contract
price; or
(ii) The value of
the goods or services, which are the subject of the claim.
13. The
guarantees contained in the Consumer Guarantees Act 1993 are expressly
excluded where the purchaser acquires goods or services from the company
for the purposes of a business. |
