TERMS OF SALE
- The Company is I FIX 4U LIMITED (“the Company”). The Company will contract to sell, supply and install goods and services on these terms and conditions only. By placing or confirming an order with the Company, the Buyer (“the Customer”) whose name and details appear on the Application to Open Credit Account, is accepting these terms and conditions, and anything to the contrary in the Customer’s enquiries, orders or confirmations will not apply.
- ORDERS IRREVOCABLE
- The Customer may not cancel or vary an order once the Company has issued an invoice in respect of that order.
- The Customer must pay the price indicated on the invoice or other statements issued by the Company. All freight, packaging and other relevant costs are charged to the Customer as shown on the invoice.
- Payment is due within the credit period agreed in writing by the Company under any credit arrangement.
- If the company at any time deems the credit of the Customer to be unsatisfactory, it may immediately terminate any credit arrangement and require the Customer to pay the price on delivery of the goods and services.
- The Company may charge interest of 24% per annum on any overdue payment commencing on the due date for payment and calculated at the end of each month until the date of actual payment.
- The Customer agrees to pay on demand all costs (including commission and legal fees as between solicitor and own client and any other costs) incurred by the Company or the Company’s agents relating to the recovery of any amounts payable by the Customer to the Company.
- All payments by the Customer must be made in full and without any deduction or right of set-off or counterclaim. The Customer agrees however that all moneys which the Company may owe the Customer on any account whatsoever may, at the Company’s option, be set off against payments due by the Customer to the Company.
- Unless otherwise stated GST shall be in addition to all prices.
- Delivery is deemed to be made:
- When the Customer or the Customer’s agent is given possession of the goods at the Company’s warehouse or elsewhere (loading is then at the Customer’s risk); or
- When the goods arrive at the Customer’s premises, whichever is the earlier.
- On delivery the goods are at the Customer’s sole risk and, with effect from the time of delivery, the Customer will have in place all risks insurance to cover both its interest as bailee of the goods and the Company’s interest as owner of the goods under clause 5.1.
- The Company may choose the carrier and the method of transport, unless otherwise agreed by the Company in writing. The company may choose to deliver by installments and may treat delivery as a separate contract. Should the Company fail to deliver or make defective delivery of one or more installments this shall not entitle the Customer to repudiate this contract.
- If the Company believes that the Customer may not make any payment when due, then the company may suspend or cancel any delivery of the goods.
- Any delivery date agreed by the Company is approximately only, and no delay in delivery will entitle the Customer to cancel its order for the goods.
- Delivery is deemed to be made:
- RETENTION OF TITLE
- Title to ownership (both legal and equitable) in all goods delivered by the Company to the Customer does not pass (and the Customer is a bailee only in respect of those goods) until payment in full is made for all such goods and other goods supplied by the Company to the Customer. Until property has passed, the Customer will store all goods in such a way that they are clearly identified as the property of the Company.
- Until the Customer has paid the Company in full for all goods and services supplied, the Customer may not sell (unless such sale is in the ordinary course of the Customer’s business), dispose of or charge the goods and must hold or deal with the goods for and on behalf of the Company. However, if the goods are sold, in the ordinary course of the Customer’s business, prior to property passing to the Customer, the proceeds of that sale must be held by the Customer on trust for and on behalf of the Company in a separate account.
- Prior to the Customer acquiring full property in the goods, the Company or the Company’s agents may at any time enter (including forced entry) upon any land, premises or property where it believes such goods may be, to view and inspect them, and if the Customer has not paid for them in full retake possession of the goods. The Customer will indemnify the Company on demand in respect of any costs or liabilities incurred by the Company in exercising its rights under this clause.
- The Customer or its directors and successors guarantees payment of all monies due and owing. The guarantee is unaffected by the unenforceability of any payment of such monies, by the liquidation or bankruptcy of the Customer, by giving or any indulgence to the customer by I FIX 4U Ltd or any other matter.
- No limit of time will release the Customer from this guarantee.
- Subscription to Promotional Newsletters
- The customer agrees to receiving promotional newsletters from I FIX 4U Ltd.
- The customer is responsible for letting I FIX 4U Ltd know when they do not wish to receive any promotional newsletters.
Trading Terms (A)
- Should this account remain unpaid 2 weeks after notification or the payment of cheque dishonour, the customer/drawer acknowledges liability for, and shall pay all recovery costs plus interest at 2% per month, and consents to details being passed to a recovery agent.
- Should the customer be a company the directors of a company shall be personally liable for payments subject to A(1).
- Personal guarantee. I hereby indemnify the payment of all monies owing to I FIX 4U LTD. No Limit of time will release me from this agreement.
Trading Terms (B)
- YOUR RESPONSIBILITIES: You must be specific in advising us of all the symptoms of the faults, and also if the unit has sustained physical damage or has been examined/tempered with.
- QUOTES: Quotes and Estimates are chargeable if a job is not undertaken.
- PARTS: Parts must be obtained from the N.Z. agents when required. If they are not in stock, then they must come from overseas and delays of three to six months are not uncommon. We have no control over this situation.
- INTERMITTENT FAULTS: These are very difficult to trace and are time consuming (i.e. expensive). Such things as changing weather conditions and temperatures can affect such additional work and costs will be necessary. The alternative is for us to hold the job longer, and charge more in the first instance. Pleaser be specific in advising us of ALL the symptoms of the fault.
- UNECONOMIC JOBS: In some cases, a repair may reach a point where we consider it uneconomic to continue, new products and lower prices can mean a new unit can be obtained for not much more than the repair cost. In such a case, we reserve the right to make a fair and reasonable charge to recover some of our costs.
- AERIALS: Ghosting, interference, poor performance are caused by external factors, such as terrain, buildings, transformers, radio transmitters, etc. We will do our best to minimise the above, but results are dependent on costs, and a comprise is often needed.
Aerial Warranty excludes ay adjustments, repairs, or replacements as a result of any unauthorised person interfering or tampering with the installation, or of any damage caused by wind, water, five or earthquake.
- MINIMUM CHARGE: A minimum charge of $33 will be made on all jobs left for service. A minimum callout charge is $45. This is incurred when the job is booked in or there is an appointment.
- GOODS not collected within 3 months after notification will be disposed of. Storage will be charged commencing 2 weeks after a letter of notification is sent, at the rate of $5 per week. Costs for goods disposal will be additional.
- We reserve the right to remove our parts should an account not be paid.
- Privacy Act 1993 Personal Information Collected in the course of this transition will be stored for the purposes of sales and service records etc. and may also be used for dealer to customer communications
SUBJECT TO THE ABOVE
All service carried out have a 90 day parts and labour warranty. This warranty does NOT give the equipment unconditional warranty against any other type of failure. It covers the parts supplied and/or the section worked on.