Terms and Conditions

1. Application: All goods and services (as defined in clause 23) supplied by Glassworx Nelson Ltd to the customer will be supplied on these Terms and conditions of Sale (terms).  These terms take precedence over any terms offered by the Customer.

2. Orders:  Orders for Goods which are non-stock items shall not be binding until confirmed by Glassworx.  Unless the Customer notifies Glassworx in writing that order numbers must be used for purchases, Glassworx accepts no liability in respect of, and the Customer will be bound by, unauthorised orders (i.e., orders without an order number) made on the Customer’ s account.  Glassworx may (but it is not required to) accept cancellation or variations of an order of Goods on such terms as Glassworx may specify.

3. Price:  The price of the Goods and Services will be shown on Glassworx quotation, acceptance of order, invoice or similar document.  The price of the Goods and services exclude any amount payable in respect of goods and services tax (GST), which will be paid by the customer in addition to the price.  Glassworx may withdraw any quote prior to the customers signed acceptance.  The quote is based in the costs of labour, material, freight and insurance current as at the date of the quote.  If any of those costs increase after the date of the quote, the price stated in the quote will be increased accordingly.  Goods to which a quote does not apply will be charged at Glassworx Prices for such goods and services at the time of delivery.

4. Payment: Unless otherwise agreed in writing payment for the Goods and Services, plus GST must be made in full by cleared funds by the 20th day of the month following delivery or collection or Services.  Glassworx reserves the right to cease providing Goods or Services on credit and/ or require payment for any Goods or Services in cash before the Goods or Services are delivered or collected.  The customer may not deduct or withhold any amount (whether by way of set off, counterclaim or otherwise) from any amount it may owe to Glassworx.

5. Default:  If full payment for the Goods or Services is not made by the due date, the customer will liable for default interest at a rate of 5% per month compounded monthly from when the money is due until the date when payment is actually made plus all costs and expenses incurred by Glassworx in recovering the overdue amount.  The charging of penalty interest does not constitute an extension of time for payment and is without prejudice to any other rights Glassworx may have against the Customer.

6. Delivery:  Upon placing an order the Customer will elect whether it will require Glassworx to arrange delivery or whether the customer will collect the goods or have the service at Glassworx workshop.  Glassworx will endeavor to meet agreed delivery or collection dates but will not be liable, nor may the customer cancel any order or withhold any payment, for late delivery or late collection.  In the absence of any election by the customer, the customer will be required to collect the goods.  Goods and services may, in Glassworx discretion, be delivered in instalments, in such case each delivery will be regarded as a separate contract and payment shall be made by the customer on each contract.

7. Deemed Delivery:  Delivery will be deemed to have been made when the Goods arrive at the agreed delivery point or when the goods are available for collection by the customer from Glassworx premises.

8. Delivery Costs:  All costs of delivery or collection of the Goods and services or collection of goods will be paid by the customer at the same time as the price of the goods is paid.  If the customer delays, fails or refuses to take delivery or collection of the goods or services, Glassworx may (without limiting any other rights) charge the customer for any expenses or additional costs incurred by Glassworx as a result, including storage costs.

9. Claims and Credits:  All claims for short or defective delivery or collection must be made, and the goods returned (if applicable) within 7 days of delivery.  All claims must be in writing and specify he invoice number and the invoice date.  Glassworx may charge the customer a handling charge at 10% of the price of the goods for all retuned goods.  Returned goods must be retuned freight free, be accompanied by a copy of the packing slip and supply invoice, be undamaged in good saleable condition and must not be procured goods.  Any goods such as rubber, wedge which are cut to a specific length from a larger roll, may not be returned for a credit unless Glassworx has supplied goods in error.

10. Risk:  Risk in the goods will pass to the customer when the goods are ready for collection or when they leave Glassworx premises (whichever is the earlier. Glassworx will not bear any responsibility for any loss or damage to the goods from that time.

11. Ownership:  Ownership of the goods or service does not pass to the customer until all obligations of the customer to Glassworx in respect of the goods (including payment of all amounts owing by the customer to Glassworx in any respect) have been met.

12. Storage of Goods:  Until ownership of the goods passes, the customer: (a) must keep full and complete records of the goods: (b) must (if requested by Glassworx) return the goods following non-fulfilment of any obligation of the customer to Glassworx (including payment of moneys) without limiting any other right Glassworx may have: (c) gives Glassworx the right to inspect any of the goods at all reasonable times.

13. Liability:  All warranties, descriptions, representations or conditions whether implied by law or otherwise are, and all other liability of Glassworx (whether in tort (including negligence), contract or otherwise) is, excluded to the fullest extent permitted by law except to the extent expressly set out in these Terms. Except where stature expressly requires otherwise, Glassworx is not liable in any event for any loss of profits or any consequential, indirect or special damage, loss of injury of any kind suffered by the customer or any other person.

14. Limitation of Liability:  Notwithstanding any other provision of these Terms, the total liability of Glassworx (whether in tort, contract or otherwise) for any loss, damage or injury arising directly or indirectly from any defect in the goods and services provided by Glassworx or any breach of Glassworx obligations to the customer is limited to the lesser of the price of the relevant goods or the cost of repairing or replacing the defective goods or the actual loss or damage suffered by the customer.

14. Advice:  While Glassworx will make every effort to ensure the accuracy of any advice, recommendation, information, assistance or service provided by Glassworx in relation to the goods and services supplied by it or their use or application, to the extent permitted by law, Glassworx does not accept any liability or responsibility in respect of such advice.

15. Other rights:  If: (a) any amount payable by the customer to Glassworx is overdue; or (b) the customer becomes bankrupt, insolvent, has a receiver appointed in respect of any of its assets, makes or is likely to make an arrangement with its creditors, has a liquidator appointed, is placed under statutory of official management or any equivalent or analogous event occurs under the law under which the customer is incorporated, domiciled, resident or carries on business or has assets, then: (c) Glassworx may cancel any outstanding order from the customer (without limiting any other rights Glassworx may have): (d)  all amounts owing to Glassworx, whether due for payment or not, will become immediately due and payable:  and Glassworx may remove any goods supplied by Glassworx from the customers possession or control and dispose of them or retain them for its own benefit and for such purposes Glassworx or is agents may, without notice, enter directly upon any premises where it believes any goods may be stored, without, in any way, being liable to any person in respect of or arising from such entry.

16. No waiver:  If at anytime Glassworx does not enforce any of these Terms of Sale or grants the customer time or other indulgence, Glassworx will not be constructed as having waived that term or its rights to later enforce that or any other term.

17. Severability:  Where any provision of these Terms is rendered void, unenforceable or otherwise ineffective by operation of law, that shall not affect the enforceability or effectiveness of any other provision of these terms.

18. Amendments:  Any amendment to these Terms must be in writing and signed by Glassworx.  The customer agrees that Glassworx may amend any of these Terms at any time by notice in writing to the customer provided that any such amendment will only be bind the customer from the customer’s next order.

19. Consumers Guarantees Act:  Unless otherwise agreed in writing by Glassworx and the customer, the parties agree that the goods and services being acquired by the customer for business purposes the Consumer Guarantees act will not apply.  Goods and services acquired not for business purposes will be covered by the Consumers Guarantee Act.

20. Privacy Act:  Glassworx may collect personal information provided by the customer for the purposes of debt collection.

21. Execution, Costs and Governing Law: (a) The customer shall pay all Glassworx costs and expenses (including legal costs) which may be incurred in the enforcement or attempted enforcement of these Terms by Glassworx. (b) The laws of New Zealand govern these terms and the customer agrees to submit to the non-exclusive jurisdiction of the Courts of New Zealand and agrees that any legal proceedings shall be heard in those courts.

22. Definitions:  In these terms unless the context otherwise requires “Glassworx” means Glassworx Nelson Ltd.  “Goods” means all goods supplied or sold by Glassworx to the customer from time to time. “Services” means all services undertaken by Glassworx in the installation of glass, plastics and metal.