TERMS AND CONDITIONS OF SERVICE
Any instructions received by Peak to Peak Property Services (PTP) from the Customer for the supply of goods or services shall constitute acceptance of the terms and conditions contained herein.
1. COLLECTION AND USE OF INFORMATION
1.1 The Customer authorises PTP to collect, retain and use any information about the Customer, or for the purpose of assessing the Customer’s credit worthiness, or for enforcing any rights under this contract. The Customer authorises PTP to disclose any information obtained to any person for the purposes set out in this clause. Where the Customer is a natural person the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
2. PRICING
2.1 The Customer agrees to pay the price charged for all goods and services in accordance with the Schedule.
3. PAYMENT
3.1 Unless agreed otherwise all invoices must be paid in full on or before the 10th day from the date the invoice is received.
3.2 PTP may impose a credit limit on the Customer, and alter the credit limit without notice. Where the credit limit is exceeded PTP may refuse to supply goods or services to the Customer.
3.3 PTP may notify the Customer at any time that it has ceased to supply goods or services on credit to the Customer.
3.4 Interest may be charged by PTP on any amount owing from time to time from the due date until the date payment is received by PTP at a default rate of 15% per annum, calculated daily. The customer shall indemnify PTP against any expenses, disbursements and legal costs incurred by PTP in connection with the enforcement of any rights contained in this contract, including legal fees on solicitor / client basis and/or debt collection agency fees.
3.5 PTP will apportion payments received to outstanding accounts as it thinks fit. PTP reserves the right to request payment for any goods / services from the Customer prior to the commencement of any services.
4. AGENCY
4.1 The Customer authorises PTP to contract either as principal or agent for the provision of goods or services that are the matter of this contract. Where PTP enters into any such necessary subcontract it shall be read with and form part of this contract and the Customer agrees to pay any amounts due under that contract.
5. RETENTION OF TITLE
5.1 If PTP provides any goods to the Customer, title to those goods shall remain with PTP until such time as payment in full for the goods and/or the services has been received by PTP (notwithstanding any period of credit allowed by PTP).
6. PPSA SECURITY INTEREST
6.1 The Customer grants to PTP a security interest (as defined in the Personal Property Securities Act 1999 (“PPSA”)) in all of the Customer’s present and after acquired personal property that PTP supplies the Customer and all present and after acquired personal property being proceeds of such property, which shall secure the obligation of the Customer to pay the amount owing and any other obligations of the Customer to PTP under this contract.
6.2 As and when required by PTP the Customer shall, at its own expense, provide all reasonable assistance and relevant information and do all things necessary to enable PTP to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, perfect, register and enforce PTP’s security interest in respect of the goods supplied, in accordance with the PPSA.
6.3 The Customer shall not change its name without first notifying PTP of the new name not less than 7 days before the change takes effect.
6.4 Nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to this contract.
6.5 The Customer waives their right to: receive notice under section 120(2) and 129; receive a statement of account under section 116; receive surplus distributed under section 117; recover any surplus under section 119; object to any proposal of PTP to retain collateral under section 121; not have goods damaged in the event that PTP were to remove an accession under section 125; apply to the Court for an order concerning the removal of an accession under section 131; redeem collateral under section 132; and receive a verification statement under section 148.
7. DEFAULT
7.1 The security interest created by clause 6 of this contract becomes immediately enforceable if any of the following events occur:
the Customer fails to pay any amount owing on the due date;
the Customer sells, parts with possession, leases or disposes of any goods or does anything inconsistent with PTP’s ownership of the goods prior to making payment in full to PTP;
PTP believes the Customer has committed or will commit an act of bankruptcy, has had or is about to have a receiver, liquidator, statutory manager or voluntary administrator appointed, or is insolvent or unable to pay its debts as they fall due; or
the goods are at risk, as that term is defined in the PPSA.
8. LIABILITY
8.1 To the full extent permitted by law, PTP shall not be liable:
(a) for any loss or damage of any kind whatsoever whether suffered or incurred by the Customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by PTP to the Customer and without limiting the generality of the foregoing of this clause PTP shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss;
(b) except as provided in this contract in contract, or in tort, or otherwise for any loss, damage, or injury beyond the value of the goods or services provided by PTP to the Customer; or
( c ) for any delay or failure to supply goods or services.
8.2 The Customer shall indemnify PTP against all claims 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 PTP or otherwise, brought by any person in connection with any matter, act, omission, or error by PTP its agents or employees in connection with the goods or services.
9. WARRANTIES
9.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires goods or services from PTP for the purposes of a business in terms of section 2 and 43 of that Act.
9.2 Nothing in this contract is intended to contract out of the provisions of the Consumer Guarantees Act 1993, except to the extent permitted by the Act.
9.3 The only guarantees applying to the goods and services supplied by PTP are those confirmed by PTP in writing.
10. CANCELLATION
10.1 PTP shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods or services to the Customer if the Customer fails to pay any amount owing after the due date or the Customer commits an act of bankruptcy or becomes otherwise insolvent or unable to pay its debts as they fall due. Otherwise, PTP may cancel this contract by providing the Customer 2 weeks’ written notice.
10.2 Any cancellation or suspension under clause 10.1 of this contract shall not affect PTP’s claim for amount due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to PTP under this contract.
10.3 If the Customer requests suspension or cancellation of the supply of goods and/or services, PTP may increase the agreed price to cover any resulting extra expense should this apply or, any out of pocket expenses incurred by PTP in connection with the same.
10.4 Two weeks’ written notice is to be given by the Customer to PTP in the event of suspending or cancelling contracted the supply of supply of goods and/or services.
11. NOTICE
11.1 Any notice may be given by phone, in person, posted, or sent by facsimile or email to the Customer or to any director or representative of the Customer.
12. VARIATION
12.1 PTP shall be entitled at any time by notice in writing to the Customer to vary any provision of this contract and the Customer shall be bound thereby except as provided in clause 12.2.
12.2 The Customer shall be entitled within seven (7) days of the Customer’s receipt of the notice referred to in clause 12.1 to give 2 weeks’ written notice to PTP terminating this contract.
12.3 In the event of the Customer giving written notice pursuant to clause 12.2 to PTP the purported variation of this contract shall have no effect as between PTP and the Customer.
12.4 For the avoidance of doubt, PTP’s provision to the Customer of an updated Price List referred to in the Schedule hereto shall not constitute a variation for the purposes of this clause.
13. MISCELLANEOUS
13.1 The Customer shall not assign, novate or otherwise transfer all or any of its rights or obligations under this contract without the written consent of PTP.
13.2 PTP shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
13.3 Failure by PTP to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations PTP has under this contract.
13.4 The law of New Zealand shall apply to this contract.
13.5 Where the terms of this contract are inconsistent with the order or instruction from the Customer, this contract shall prevail.
13.6 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.7 If any dispute or difference arises in relation to any aspect of this contract or the implementation or performance of its terms, the parties agree that before taking any formal contentious step, they shall attempt to resolve the dispute or difference by negotiation. If within two weeks of a dispute or difference being raised by a party (by notice in writing to the other party) it has not been resolved by negotiation, the parties shall refer the matter to mediation. If the matter remains unresolved within four weeks of such a referral to mediation, either party may take action in such forum as it sees fit. This clause shall not preclude any party from taking any injunctive or other interim legal proceedings considered necessary for the urgent protection of its rights.
14. DEFINITIONS
14.1 “amount owing” means the price charged by PTP for the goods and/or services, and any other sums which PTP is entitled to charge under this contract which remans unpaid.
14.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods or services from PTP.
14.3 “goods” shall mean all goods and/or chattels supplied by PTP to the Customer and shall include any fee or charge associated with the supply of goods by PTP to the Customer, including but not limited to the goods listed in the Schedule.
14.4 “price” shall mean the cost of the goods or services as agreed between PTP and the Customer subject to clause 2 of this contract as further detailed in the Schedule.
14.5 “services” shall mean all services provided by PTP to the Customer and shall include without limitation the provision of all services noted in the Schedule.
