1.1 “Seller” shall mean Dominator Canterbury and its successors and assigns.
1.2 “Buyer” shall mean the buyer or any person or Seller acting on behalf of and with the authority of the buyer.
1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer if a Limited Liability Seller on a principal debtor basis.
1.4 “Goods” shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are goods by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5 “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.6 “Price” shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods and/or the acceptance of any Goods/Services supplied by the Seller to the Buyer shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.3 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
3.1 The Goods and/or Services are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.
3.2 In case the Buyer provides information relating to specifications, measurements and quantities of the Goods required to complete the Services, it is the Buyer’s responsibility to verify the accuracy of the specifications, measurements and quantities, before placing an order based on these specifications measurements and quantities. The Seller accepts no responsibility for any loss, damages, or costs however resulting from the failure to comply with this clause.
4.1 At the Seller’s sole discretion:
(a) The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or
(b) the Price shall be the Seller’s current Price at the date of delivery of the Goods according to the Seller’s current Price list; or
(c) the Price of the Goods shall be the Seller’s quoted Price which shall be binding upon the Seller provided that the Buyer shall accept the Seller’s quote within twenty-eight (28) days; or
4.2 At the Seller’s sole discretion a deposit may be required. The deposit shall be an amount equivalent to 50% of the purchase Price of the Goods/Services and shall become immediately due and payable.
4.3 Time for payment for the Goods and/or Service shall be of the essence and may be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be due on delivery of the Goods/Services.
4.4 For approved Buyers and with permission of the Seller payment shall be due on the 20th of the month following the invoice date.
4.5 At the Seller’s sole discretion payment may be due at the date of this agreement.
4.6 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by credit card, Direct Credit or by any other method as agreed between the Buyer and the Seller.
4.7 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
4.8 The Seller may charge the Buyer more than the quoted price where additional works are required due to the discovery of hidden or unidentifiable difficulties (including but not limited to, limitations to accessing the site, safety considerations, prerequisite work by the Buyer or any third party not being completed, inaccurate measurements or information provided by the buyer, non-standard fixings) which are discovered on commencement of the works.
4.9 If the Seller provide a quotation to the Buyer, it is based on all Goods being delivered and installed at the same time. If the delivery is staggered or, due to the site not meeting the Seller’s requirements, the Seller is unable to deliver Goods at the agreed installation time, the Buyer will be charged a call back fee of $300 plus GST and travel costs.
5.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Seller’s address.
5.2 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.3 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
5.4 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 2 months of the delivery date.
5.5 If the buyer is not ready for the goods to be collected or delivered within 1 month from the goods being manufactured, the goods are deemed to have been delivered and payment is due in full.
