GASTECH SERVICES LTD – TERMS AND CONDITIONS
1.1 “Gastech Services Ltd” shall mean Gastech Services Ltd, Gastech Tauranga Ltd, the supplier or any agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Gastech Services Ltd.
1.3 “Products” shall mean:
1.3.1 all Products of the general description specified on the front of this agreement and supplied by Gastech Services Ltd to the Customer; and
1.3.2 all Products supplied by Gastech Services Ltd to the Customer; and
1.3.3 all inventory of the Customer that is supplied by Gastech Services Ltd; and
1.3.4 all Products supplied by Gastech Services Ltd and further identified in any invoice issued by Gastech Services Ltd to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Products that are marked as having been supplied by Gastech Services Ltd or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Gastech Services Ltd; and
1.3.6 all of the Customer’s present and after-acquired Products that Gastech Services Ltd has performed work on or to or in which goods or materials supplied or financed by Gastech Services Ltd have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Products and Services” shall mean all products, services, goods and advice provided by Gastech Services Ltd to the Customer and shall include without limitation all plumbing services and the supply of associated products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Gastech Services Ltd to the Customer.
1.5 “Price” shall mean the cost of the Products and Services as agreed between Gastech Services Ltd and the Customer and includes all disbursements e.g. charges Gastech Services Ltd pay to others on the Customer’s behalf subject to clause 4 of this contract.
2.1 Any instructions received by Gastech Services Ltd from the Customer for the supply of Products and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Gastech Services Ltd to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products and Services provided by Gastech Services Ltd to any other party.
3.2 The Customer authorises Gastech Services Ltd to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Products and Services shall be deemed to be sold at the current amount as such Products and Services are sold by Gastech Services Ltd at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products and Services that is beyond the control of Gastech Services Ltd between the date of the contract and delivery of The Products and Services.
5.1 Payment for Products and Services shall be made in full within 7 days following date of invoice unless terms have been agreed in writing between Gastech Services Ltd and the Customer.
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Gastech Services Ltd in the enforcement of any rights contained in this contract shall be paid by the Customer, including solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 A deposit will be required for appliances and their associated components. The customer agrees to pay for goods invoiced on quote acceptance or job instruction. The customer agrees that appliances and their components will not be ordered until payment has been received in our nominated bank account.
5.6 The suspension of work at the clients request will entitle Gastech Services Ltd to payment in full for all services and costs incurred up to the time of suspension and for all work completed that has monies outstanding.
6.1 Where a quotation is given by Gastech Services Ltd for Products and Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Gastech Services Ltd reserve the right to alter the quotation because of circumstances beyond its control.
6.2 Where Products and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Products and Services.
6.3 Once a quotation has been accepted no variation shall be valid unless agreed in writing.
7.1 The Customer authorises Gastech Services Ltd to contract either as principal or agent for the provision of Products and Services that are the matter of this contract.
7.2 Where Gastech Services Ltd enters into a contract of the type referred to in clause 7.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Products and Services supplied by Gastech Services Ltd passes to the Customer only when the Customer has made payment in full for all Products and Services provided by Gastech Services Ltd and of all other sums due to Gastech Services Ltd by the Customer on any account whatsoever. Until all sums due to Gastech Services Ltd by the Customer have been paid in full, Gastech Services Ltd has a security interest in all Products and Services.
8.2 If the Products and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products and Services shall remain with Gastech Services Ltd until the Customer has made payment for all Products and Services, and where those Products and Services are mixed with other property so as to be part of or a constituent of any new Products and Services, title to these new Products and Services shall deemed to be assigned to Gastech Services Ltd as security for the full satisfaction by the Customer of the full amount owing between Gastech Services Ltd and Customer.
8.3 The Customer gives irrevocable authority to Gastech Services Ltd to enter any premises occupied by The Customer or on which Products and Services are situated at any reasonable time after default by the Customer or before default if Gastech Services Ltd believes a default is likely and to remove and repossess any Products and Services and any other property to which Products and Services are attached or in which Products and Services are incorporated. Gastech Services Ltd shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Gastech Services Ltd may either resell any repossessed Products and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and Services and credit the Customer’s account with the invoice value thereof less such sum as Gastech Services Ltd reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Products and Services are retained by Gastech Services Ltd pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (‘PPSA’) and to object under s.121 of the PPSA
8.5 The following shall constitute defaults by the Customer:
8.5.1 Non-payment of any sum by the due date.
8.5.2 The Customer intimates that it will not pay any sum by the due date.
8.5.3 Any Products and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Products and Service.
8.5.4 Any Products and Services In the possession of the Customer are materially damaged while any sum due from the Customer to & Gastech Services Ltd remains unpaid.
8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord disdains against any of the Customer’s assets.
8.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Customer.
8.6 If the Credit Repossession Act applies to any transaction between the Customer and Gastech Services Ltd, the Customer has the rights provided in that Act despite anything contained in these terms and conditions of trade.
9. SECURITY INTEREST FOR SERVICE PROVIDERS
9.1 The Customer gives Gastech Services Ltd a security interest in all of the Customer’s present and after-acquired property that Gastech Services Ltd has performed services on or to or in which goods or materials supplied or financed by Gastech Services Ltd have been attached or incorporated.
10. GENERAL LIEN
10.1 The Customer agrees that Gastech Services Ltd may exercise a general lien against any Products and Services or property belonging to the Customer that is in the possession of Gastech Services Ltd for all sums outstanding under this contract and any other contract to which the Customer and Gastech Services Ltd are parties.
10.2 If the lien is not satisfied within seven (7) days of the due date Gastech Services Ltd may, having given notice of the lien at its option either
10.2.1 Remove such Products and Services and store them in such a place and in such a manner as Gastech Services Ltd shall think fit and proper and at the risk and expense of the Customer or
10.2.2 Sell such Products and Services, or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
11.1 No claim relating to Products and Services will be considered unless made in writing within seven (7) days of service.
11.2 Any dispute or difference between the customer and Gastech Services Ltd will be referred to adjudication in terms of Part 3 of the Construction Contracts Act 2003 (CCA) or to the Master Plumbers Association of which we are a member for settlement through that associations disputes procedure. For the purposes of s.33(!)© of the CCA, the Master Plumbers Association shall be the nominating body.
12.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Gastech Services Ltd which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Gastech Services Ltd, Gastech Services Ltd liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statue.
12.2 Except as otherwise provided by clause 2.1 Gastech Services Ltd shall not be liable for:
12.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products and Services by Gastech Services Ltd to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by Gastech Services Ltd to The Customer; and
12.2.2 The Customer shall indemnify Gastech Services Ltd against all claims and loss 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 Gastech Services Ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by Gastech Services Ltd its agents or employees in connection with the Products and Services.
12.3 If, contrary to the disclaimer of liability contained in these terms and conditions of trade, Gastech Services Ltd is deemed to be liable to the Customer, following and arising from the supply of Services by it to the Customer, then it is agreed between Gastech Services Ltd and the Customer that such liability is limited in its aggregate to $500.00.
13.1 Manufacturer’s warranty applies where applicable. Should an appliance fail under warranty within the warranty timelines you should contact the manufacturer so they can arrange for their preferred service provider to attend.
13.2 We guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 7 days of completion of the contract. This performance guarantee does not extend to any goods or materials supplied by you. Gastech Services Ltd accept no liability for any issues found during installation or performance in relation with these items. In the case of work covered by the Consumer Guarantees Act 1993, this warranty is in addition to any rights you may have under the Act.
13.3 The supplier will not be liable for Goods which have not been stored or used in a proper manner.
14. CONSUMER GUARANTEES ACT
14.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where The Customer acquires Products and Services from Gastech Services Ltd for the purposes of a business in terms of section 2 and 43 of that Act.
15. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
15.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Gastech Services Ltd agreeing to supply Products and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Gastech Services Ltd the payment of any and all monies now or hereafter owed by the Customer to Gastech Services Ltd and indemnify Gastech Services Ltd against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
16.1 Gastech Services Ltd shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
16.2 Failure by Gastech Services Ltd 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 Gastech Services Ltd has under this contract.
16.3 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.
16.4 The Construction Contracts Act 2002 applies where applicable.