Terms of Trade
TERMS & CONDITIONS OF SUPPLY
GJP Electrical Limited (“GJP”) agrees to undertake the works referred to in the description to the company or persons specified on the reverse of this agreement (“the customer”) and the customer agrees to be bound by the following terms and conditions of supply.
GJP will endeavour to complete the works referred to in the description within a reasonable time frame from the date of the invoice. If GJP is unable to perform any part of this agreement by reason of any event or cause which is beyond the reasonable control of GJP, including without limitation governmental regulations, any act of God, fire, flood or any disaster, any industrial dispute or unavailability of materials, GJP shall be excused from such performance to the extent of such prevention. GJP shall ensure that all work carried out pursuant to the description shall comply with all statutes, regulations and local authority bylaws. GJP will also ensure that all works undertaken pursuant to the description are completed in a manner that is consistent with good work standards.
3. PRICE AND PAYMENT
It is acknowledged by the customer that the contract price recorded herein has been expressed as an estimate, and as such, does not amount to a quotation unless expressly recorded as such within the terms of this agreement. The price for the provision of works and materials by GJP shall be as specified and agreed on the reverse of this form (“the contract price”). Payment of the contract price shall be made to GJP on the 7th day from the date upon which the works are completed as notified to the customer by GJP. If payment is not made by the due date, interest may be charged by GJP at a rate of 5% per month or part month on all overdue accounts, without prejudice to GJP’s other rights and remedies. The contract price shall be subject to the applicable taxes of New Zealand, and will be subject to adjustment by GJP as may be required at law or by any public body or by any change in supplier and production pricing from time to time. GJP shall notify the customer of any amendments to the contract price in writing. All amounts due under this agreement shall be paid in full without any deduction or withholding and the customer is not entitled to any set-off or counter-claim against GJP.
The customer further acknowledges that they remain liable for payment for all costs associated with recovery of all and any amounts owing hereunder, including but not restricted to debt collection costs.
Title to any materials supplied by GJP in completing the works referred to in the description shall not pass to the customer until payment in full has been received by GJP as cleared funds. Until such time as payment is made, the customer shall be deemed to hold the goods as bailee for GJP. If payment is not made by the due date, the customer acknowledges that GJP shall be entitled to recover the materials. The customer hereby authorises GJP or its representatives to enter upon any premises where the materials are located to recover the same if the customer fails to deliver the goods to GJP within 7 days of being requested to do so. If the materials are sold by the customer before payment is made to GJP, then the proceeds of sale shall be the property of GJP and the customer shall ensure that the said sale proceeds are deposited into a separate bank account for the credit of GJP. The customer acknowledges that GJP is authorised to convey any information relating to any default by the customer under this agreement to any credit reference and/or collection agency, and shall be entitled to carry out a credit check on the customer with any agency and supply to the agency such information about the customer as is necessary for completing the credit check.
5. AGREEMENT TO MORTGAGE
Where the customer has failed to attend to payment of any monies due hereunder for a period of 15 working days from the date of demand, the customer hereby irrevocably agrees and acknowledges that, to secure payment of the monies due and owing to GJP, they shall grant a registered mortgage over the land upon which works were undertaken in favour of GJP for the amount due and owing, together with any penalty interest and/or costs of recovery. For the purposes of this clause, if the customer refuses or fails for whatever reason to execute the necessary documentation to effect the mortgage security in favour of GJP, the customer hereby irrevocably appoints GJP, and in particular, their directors, to be the attorney of the customer at any time to execute and sign the mortgage in favour of GJP, procure registration of the mortgage as fully and effectually as the customer could do.
This agreement may only be varied in writing and signed by both parties.
No breach of any provision of this agreement shall be waived or discharged except with the express written consent of the parties.
This agreement shall represent the entire agreement and understanding of the parties and supercedes all prior agreements or arrangements (oral, written or otherwise) relating to the subject matter of this agreement.
If any provision of this agreement is or becomes for any reason whatsoever invalid or unenforceable, it shall be devisable from this agreement and shall be deemed to be deleted from it, and the validity of the remaining provisions shall not be affected in any way.
Any dispute arising between the parties arising out of or in connection with this agreement shall be referred to the arbitration of a single arbitrator (or two arbitrators if the parties are unable to agree on a single arbitrator) in accordance with, or subject to, the provisions of (and amendments to) the Arbitration Act 1996. The costs of such referral shall be borne by the customer.
This agreement shall be governed by the laws of New Zealand and subject to the exclusive jurisdiction of the New Zealand Courts.
7. CONSUMER GUARANTEES ACT
In circumstances where the customer is a “consumer” as defined in the Consumer Guarantees Act 1993, and does not use the materials and services as supplied by GJP for the purposes of a business, then the provisions of the this contract which are prohibited by the Consumer Guarantees Act 1993 are deemed to have been deleted from this contract. If the customer is a “consumer” as defined in the Consumer Guarantees Act 1993 but uses the materials and services for the purposes of a business, then the customer agrees that the provisions of the Consumer Guarantees Act 1993 shall not apply and the terms of this contract shall exclusively govern the relationship as between the parties.
The guarantor as recorded herein hereby guarantees the payment of all money now due or any time or times hereafter to become due and payable to GJP by the said customer including but not restricted to the following:
(i) The contract price; and
(ii) All other costs resulting from or in accordance with this agreement.