Terms and Conditions
Excel NZ Ltd. TERMS OF TRADE AND CREDIT
1. (A)Notwithstanding any period of credit, legal and beneficial ownership of any and all parts / services supplied, shall remain with EXCEL NZ LTD. Until full payment has been made.
2. Quotation .
All quotation are based on physical inspection. There may be futher cost involved depending on repairs which will be further notified to the customer and added to the existing qoute/estimate. . For the purpose of these term of trade “quotation” includes “estimate”.
3.Acceptance
All qoutes are valid for seven working days only.
4. GST
All Qoutes are exclusive of GST.
5. Customer’s Property
Excel will take reason care of the customer’s property but the risk shall be on the customer and the supplier shall not be responsible for any damage. Unless it is otherwise agreed in writing the supplier will not be responsible for insurance cover. Unless otherwise agreed in writing , the supplier may dispose of any customers property held three months following the date of the invoice.
7. Termination or Suspension of contract
Notwithstanding any other clause in this agreement, where a contact is suspended or cancelled by customer, all repairs carried out and any parts supplied will be paid for by the customer forwith on presentation of the invoice. If work is suspended the customer will pay any additional cost or for any loss caused to the supplier by the suspension.
8. Claims
All complaints should be lodgent within seven working days.
9. Payment
Payment is due in full on or before the 20th of the month following delivery unless otherwise stated in these term or in the supplier’s invoice to line customer. If invoice are not paid in full and on time the customer will pay collection and legal fees and such fee may include addition fees or commission charged by debi collecting firms and actual legal costs and disbursement charged on a solicitor and own clients basis. In addition to the cost of recovery the customer will pay penalty interest on any unpaid amount from the due date until payment in full at rate of 24 % per annum and such penalty interest shall continues to be payable after and notwithstanding any judgment obtained by the supplier against the customer. If the supplier find it necessary to sue the customer , services of any document will be deemed to be effected on the customer if that document is left at the address shown as the customer’s business address or home address or registered address
11. Security Interest
The supplier retains a security interest in all goods and services supplied to the customer until the supplier receiver payment in full of all sums owing by the customer under the supplier receives payment in full of all sum owing by customer under any contact for the supply of the goods. The nature of the security interest is that the supplier retains title to goods. The security interest shall apply to goods supplied to customer in the future . the customer shall not allow auy goods subject to the security interest to become any accession to other goods
(A)The customer hereby waives the customer’s right to receive a copy of the verification statement following registration of the supplier’s security interest .
(B)The supplier may allocated any payment received from the customer against any debi owed by the customer in any manner that the supplier may decide, notwithstanding any purported allocation by the customer .
(C) If after due date the debt remain unpaid the supplier is entitled to enter the customer’s premises and seize the goods unpaid for and dispose of them as the supplied sees fit and apply such proceeds towards the debi . The customer hereby irrevocably authorizes the supplier agents to enter the premises of the customer to locate and seize the goods.
(D)If the supplier does not any time have priority over all other secured parties in relation to any goods the parties contact out of section 108 and 109 to the extent of deleting words “with priority over all other secured parities “.
(E)The customer agreed that none of section 114(1)(a). 133 or 134 of the ppsa will apply to any dealing with the goods under this agreement. The customer further waive their right :
i To receive a statement of account under section 116;
ii To receive any part of the surplus under section 117(1)(c) or recover it understanding 119 if the supplier has in goods faith made any payment to any person under section 117(1)(a) or 117(1)(b) to which it subsequently transpires that person was not entitled;
iii To receive notice of any proposal of the supplier to retail goods under section 120(2);
iv To object to supplier’s proposal to retain goods under section 121;
v To make any claim damages to any other goods if the supplier removes an accession under 125;
vi To be given noticed of the removal of any accession under section 129;
vii To apply to the court for any order with respect to removal of an accession under section 131;
viii To redeem any goods under section 132;
12. Dispute resolution
Any disputes shall be dealt within the trading Laws of New Zealand .