Terms and Conditions of Sale adopted by The New Zealand Sign & Display Association (INC)
2. VALIDITY: This quotation unless previously withdrawn stands firm for thirty days only from the date hereof unless otherwise stated and requires your confirmation and acceptance.
3. PRICES: This quotation is based on the costs of materials, labour and services as at the date hereof, and should there be any increase in costs of materials, labour or services utilised by this company in carrying out the said work such increases shall be added to the quoted price and be payable by you to the company on the date that the balance of the price is payable in accordance with this provision and shall be limited to such an amount as may be allowed by law. All prices are subject to G.S.T.
4. ADDITIONAL FEES: Permit fees, drawing and engineers calculations etc., required by local authorities shall be charged as extras.
5. TERMS OF PAYMENTS: All prices quoted are unless otherwise stated net, ex factory, strictly payable as per the terms on the front of this quotation following date on invoice. In the event of payment not being received by the end of said term, interest at current ruling bank rates may be charged by the seller on the overdue balance from the first day of the month following the due date for payment. The charging of interest does not imply the granting of any extension of the credit terms above.
6. PACKING AND FREIGHT: The quotation is for the cost ex-factory, any additional charge for packing and freight shall be paid by you.
7. INSTALLATION: All prices for installation are strictly estimates only and will not be binding as in a quotation.
8. RETENTIONS: Unless specifically stated in the body of this quotation no retentions will be recognised nor will any other special conditions of contract affect this quotation unless stated. Special conditions where applicable must be agreed upon in writing prior to acceptance of order.
9. DELIVERY: Delivery times are given in good faith based on all information in our possession at the date of this offer and we cannot accept any liability whatsoever for delays in delivery due to circumstances beyond our control.
10. PRIMARY WIRING: Quotations do not include the cost of primary wiring. A separate quote for primary wiring will be supplied if desired.
11. RESPONSIBILITY: Where plans, drawings of specification are supplied to us we are not responsible for their practicability or their compliance with Government and local authority by-laws.
12 CUSTOMERS VERBAL INSTRUCTIONS: We shall not be responsible for errors or omissions due to oversight or to misinterpretation of customer’s verbal instructions.
13. PRELIMINARY WORK: Experimental work, preliminary sketches and designs etc., produced at customer's request will constitute an order and will be charged for. Sketches and prototypes submitted on a speculative basis shall remain our property and no use of same shall be made, nor shall any idea obtained therefrom be used. Upon the customer making appropriate payment to us the property shall pass to the customer. Charges made for initial setting-up do not give the customer any rights to dies, jigs, screens, patterns, films etc., which at all times remain our property unless otherwise agreed.
14. ALTERATIONS: Quotations are only for work according to original specifications. If through customer’s error or omission work has to be re-done or alterations or additions to specifications are required by you such extra work Involved will carry an additional charge.
15. RUSH RATES: Should expedited delivery be required an extra charge may be made.
16. VARIATIONS IN QUANTITY: Every endeavour will be made to deliver the correct quantity ordered, but quotations are conditional upon a margin of 10% being allowed for overs or shortages, the same to be charged for or deducted pro-rata.
17. VARIATION IN COLOUR: Should we be required to match any shade or colour a tolerance shall be allowed to such extent as shall be agreed upon at the time the colour is specified. Where other than standard colours are used a matching charge will be extra.
18. OWNERSHIP: The ownership of any sign or signs delivered to you remain our property and shall not pass to you until you have paid all accounts owing to us. Until payment you shall keep the goods in question for us and if required shall store goods in such a way that they be identified our property. In the event of default we shall be entitled to take all reasonable steps to regain possession of the goods, including entry to your premises and detachment of the goods from any building or other object without being liable to make good any resulting damage, or to meet any claim by the owner or lessor of any such building or object.
19. CANCELLATION OF ORDERS: In the event of firm orders being cancelled, suspended for thirty days, or altered for any reason, all costs incurred prior to same will be charged.
20. ILLEGAL MATTER: The customer shall indemnify us in respect of any claims, costs and expenses arising out of any illegal or libellous matter, infringement of copyright, patent or design supplied by the customer.
21. GUARANTEES: All goods supplied and/or installed by us are believed to be of the highest quality and all components including inks, paints and vinyls, which are purchased by us are purchased from reputable manufacturers. However as the manufacture of the inks, paints and vinyls, and other purchased components is beyond our control we accept no liability howsoever arising therefrom. Any defects due to faulty workmanship must be notified to us in writing within 7 days after delivery. Any such defects will at our discretion be replaced or repaired by us free of charge. Save as aforesaid all conditions or warranties representation or promises whomsoever made and whether express or implied by statute, common law and otherwise and all other obligations and liabilities on our part in relation to the goods or installation thereof including for consequential damage of whatsoever nature are expressly excluded and negatived.
22. STORAGE: If we do not receive forwarding instructions sufficient to enable us to deliver within fourteen days after notification that the goods are ready for dispatch the customer shall be deemed to have taken delivery of the goods and terms of payment per clause 5 hereof shall apply as from such date. Storage is at the customer’s risk and chargeable if considered necessary.
23. AUTHORITY TO SIGN: The person signing this quotation on behalf of the BUYER acknowledges that he/she together with any nominated person are personally responsible for the debt or that they are duly authorised officers of a limited liability company and have authority to bind the company.
24. GOODS IN TRANSIT: We will not be responsible for loss or damage to goods beyond our factory and the goods will not be insured by us against loss or other risk unless at the customers request and cost.
25. TAXES: The customer is liable for all taxes and similar Government charges levied upon that customer's work. This includes tax, which may or may not have been shown on the quotation or invoice.
26. CUSTOMERS PROPERTY: Where a customer supplies copy, tools, material samples etc., the same are held at the customer's risk. All care will be taken but no responsibility for any damage thereto will be accepted by us.
27. PROGRESS PAYMENTS: After work has been in hand for one month a progress payment up to seventy-five percent of value of work done may be requested. Further progress payments calculated on the same basis may be made from month to month on account of work done until completion of the work.