TERMS AND CONDITIONS OF SUPPLY
1.1 “Customer” shall mean the party or parties described as such in the cover page which forms part of this contract (or, in the absence of such cover page, shall mean the party or parties described as the Customer, customer or similar in any other document(s) which form(s) part of this contract). Where more than one person or entity is so described as the Customer, their obligations under this contract are joint and several.
1.2 “Goods” shall mean all goods supplied, or to be supplied, to the Customer by the Supplier pursuant to this contract.
1.3 “Price” shall mean the cost of the Goods and Services as agreed between the Supplier and the Customer as recorded on the cover page or other document between the Supplier and the Customer, subject to clause 3 of this contract.
1.4 “Services” shall mean all services and advice provided by or to be provided by the Supplier to the Customer pursuant to this contract; and shall include without limitation the installation, repair and maintenance of electrical equipment and the supply of componentry and parts.
1.5 “Supplier” shall mean LZ Lighting Limited trading as LZ New Zealand.
- COLLECTION AND USE OF INFORMATION
2.1 The Customer authorises the Supplier to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or promoting or marketing other goods or services to the Customer in future.
2.2 The Customer authorises the Supplier to disclose any such information obtained to any person for the purposes set out in clause 2.1
2.3 Where the Customer is a natural person the authorities under clauses 2.1 and 2.2 are authorities or consents for the purposes of the Privacy Act 1993.
2.4 Where the Customer is a natural person, the Customer has the right to obtain from the Supplier a copy of the information about the Customer held by the Supplier and the right to have the Supplier correct any incorrect information about the Customer held by the Supplier.
3.1 Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by the Supplier at the time of completion of this contract and, in respect of Services, by having regard to the Supplier’s usual hourly charge out rates and the actual time involved.
3.2 Where the cover page is completed as an estimate, the value attributed to the Goods and Services on the cover page is not the Price but only an estimate of what the Price will be. Instead, if the Customer subsequently instructs the Supplier to supply the Goods and Services, the Price will be calculated in accordance with clause 3.1.
3.3 Where the cover page is completed as a quotation, unless otherwise agreed in writing:
3.3.1 The Supplier reserves the right to alter the quotation price if, before the supply of the Goods and Services is completed, the cost to the Supplier of any of the Goods or Services changes, or (due to product unavailability) the Supplier is obliged to supply substituted but comparable Goods which are obtained at a different price than was costed in the quotation, or the Supplier’s cost of labour increases; provided that any increase in the quotation price must be no more than the equivalent additional cost to the Supplier of such Goods or labour;
3.3.2 Where additional goods or services are required, in addition to the Goods and Services which are the subject of the quotation, the Supplier may increase the Price to include such additional goods or services; and
3.3.3 The quotation is valid for acceptance by the Customer for 30 days from the date it is issued.
3.4 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of the Supplier between the date of this contract and delivery of the Goods and Services.
4.1 Payment of the Price of the Goods and Services shall be made (unless otherwise agreed in writing between the Supplier and Customer) immediately on completion of delivery of the Goods and (where applicable) installation. Time shall be of the essence in respect of any date or period for payment.
4.1.1 Standard on-account terms are as follows; 1st order – Pay before delivery. 2nd & 3rd order – Pay within 7 days. 4th – 10th order – Pay within 14 days. >11 orders – Pay by the 20th following. For special orders or very large orders, payment is 60% on placement and 40% as per above schedule. If at any stage any of these payments are missed for any reason, your account automatically falls back to first order.
4.2 Default interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
4.3 Any expenses, disbursements and legal costs incurred by the Supplier in the enforcement of any rights contained in this contract due to a default by the Customer shall be paid by the Customer, including any solicitors fees (on a solicitor/client basis) or debt collection agency fees.
4.4 Receipt of a cheque or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
4.5 The Supplier and the Customer each acknowledge and agree that, in any case where the Customer is a “consumer” within the meaning given to that expression by the Credit Contracts and Consumer Finance Act 2005, this contract is not a consumer credit contract for the purposes of that Act because the whole of the Price is due and payable within 2 months of the date of this contract.
5.1 The Goods remain at the Suppliers risk until delivery to the Customer.
5.2 Delivery of Goods shall be deemed complete when the Supplier gives possession of the Goods directly to the Customer or installation of the Goods (or any part of the Goods) is effected (whichever is the earlier to occur).
- TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
6.1 Title in any Goods and Services supplied by the Supplier passes to the Customer only when the Customer has made payment in full for all Goods and Services provided by the Supplier and of all other sums due to the Supplier by the Customer on any account whatsoever. Until all sums due to the Supplier by the Customer have been paid in full, the Supplier has a security interest in all Goods and Services.
6.2 If the Goods and Services arc attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing, installation, or assembly process, title in the Goods and Services shall remain with the Supplier until the Customer has made payment for all Goods and Services.
6.3 The Customer gives irrevocable authority to the Supplier to enter any premises occupied or owned by the Customer, or on which Goods and Services are situated, at any reasonable time after default by the Customer or before default if the Supplier believes a default is likely and to remove and repossess any Goods and Services and any other property to which Goods and Services are attached or in which Goods and Services are incorporated. The Supplier shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. The Supplier may both resell any repossessed Goods and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and Services and credit the Customer’s account with the invoice value thereof less such sum as the Supplier reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profit and costs.
6.4 Where Goods and Services are repossessed by the Supplier pursuant to clause 6.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
6.5 The following shall constitute defaults by the Customer:
6.5.1 Non payment of any sum by the due date.
6.5.2 Before full payment of the Price is made by the Customer, any Goods are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Goods, or the Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or the Customer enters into, or indicates an intention to enter into, a debt compromise with some or all of the Customers creditors, or the Customer becomes subject to Voluntary Administration or a Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
- LIMITATION OF SUPPLIER’S LIABILITY
7.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties, consumer guarantees or conditions or impose obligations upon the Supplier which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, consumer guarantees, conditions or terms imposed on the Supplier, the Suppliers liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statue.
7.2 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from the Supplier for the purposes of a business in terms of section 2 and 43 of that Act.
7.3 Except as otherwise provided by clauses 7.1 and 7.5, the Supplier shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of (or delay in supplying or failure to supply) Goods and Services by the Supplier to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by the Supplier to the Customer.
7.4 The Customer shall indemnify the Supplier against all claims and loss of any kind whatsoever however caused or arising, and without limiting the generality of the foregoing of this clause whether caused or arising as a result of` the negligence of the Supplier or otherwise, brought by any third party in connection with any matter, act, omission, or error by the Supplier its agents or employees in connection with the Goods and Services.
7.5 Where any of the Goods proves to be faulty or defective within the manufacturers warranty period and the Customer notifies the Supplier within such period, the Supplier will replace or repair the defective item in accordance with the terms of the manufacturers warranty at no cost to the Customer. Subject to clause 7.1, to the fullest extent permitted by law, such repair or replacement obligation shall be the extent of the Suppliers obligation to the Customer in respect of any faulty or defective Goods or Services.
- WARRANTY/RETURNS ON GOODS
8.1 Unless otherwise stated, all LZ New Zealand products are backed by at least a 24 month warranty from the date of purchase. Our warranty policy covers claims for any fault, defect or failure occurring as a result of the manufacturing process. Damage or faults occurring as a result of misuse, accident or general wear and tear is not covered by the Suppliers warranty and or return policy.
8.2 If the product you purchased is still under warranty, then the repair will be at the Suppliers expense including the cost to return the repaired or replacement product, however the cost to ready the faulty or damaged goods for return and any costs incurred in returning the goods to the Supplier’s warehouse is at the Customer’s expense.
8.3 Proof of purchase including date of purchase must be supplied by the Buyer for any warranty claim.
8.4 If a repair or replacement are not possible due to the product being unavailable or end of line, the Buyer will exchange it for any LZ New Zealand’s product range to the same value as the original purchase price.
8.5 Changing your mind is not a valid reason to return goods.
8.6 There are no refunds for goods returned after 7 days.
8.7 NO Credit and/or refund on any item that was specially ordered or modified to meet your specifications.
- FORCE MAJEURE AND DELAY
9.1 The Supplier shall not be liable for any delay in performing its obligations under this agreement to the Buyer caused in whole or in part by force majeure which shall include (but not limited to) act of God, natural disasters, strikes, lockouts, fire, war suit, civil commotion, inability to obtain products or supplies including the imposition of any export or import bans or any other causes beyond reasonable control of the Supplier.
9.2 Any time or date given by the Buyer for delivery or uplifting of goods or services is intended only as an estimate and the Buyer shall not be liable for the consequences of the delay however arising and the Customer will not accept any liability for any claims or losses arising from its failure to meet the delivery date (if any).
10.1 Failure by the Supplier to enforce, or any delay by the Supplier in enforcing, any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or remedies the Supplier has under this contract.
10.2 lf any provision of this contract shall he invalid, void or illegal or unenforceable then such provision shall be severed and the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired by such severance.
10.3 All customers and potential customers agree that when emailing LZ New Zealand, either directly or indirectly, agree to your email being added to our database for future emailing campaigns and offers.