TERMS OF TRADE –INSTALLATION PROJECTS
1.1 These terms and conditions of trade ("Terms") apply to all goods sold (“Goods”) and related services supplied by Hire Plants Limited ("we, us") to the Customer ("you").
1.2 By placing an order with us you agree to be bound by these Terms as varied from time to time.
2. Price and Payment
2.1 All prices are stated exclusive of Goods and Services tax and other taxes and duties which are payable by you (if applicable).
2.2 We will not vary the price we have quoted you unless there are unforeseen increases in our input costs, including, without limitation, the costs of materials or any extra labour that is required for installation, between the date of your order and the date of delivery. You will pay the price set out in our invoice to you.
2.3 Deposit as quoted will be invoiced on confirmation. All payments must be made in a form approved by us.
3.1 Goods sold to you are deemed to have been delivered as set out below ("Delivered"), when, as relevant to your order:
(a) you collect them from us; or
(b) we deliver them to the address specified in your order; or
(c) we install them at the address specified in your order.
4. Title and Risk
4.1 Risk in Goods passes to you on Delivery as defined in clause 3.
4.2 We retain title to the Goods until you have paid for them and any associated services in full and you have performed all your other obligations under these Terms.
5.1 The Customer is responsible for any permissions or consents, that may be required by 3rd parties to install the Goods.
5.2 While taking all reasonable care, the Supplier can’t take any responsibility for the suitability or performance of pre-existing components of the installation such as irrigation systems, built in planters or client owned containers.
5.3 On removal of any installation, the Supplier shall not be made responsible for any repairs or ‘make good’ costs.
5.4 Additional visits beyond our control might be charged onto you.
6. Title and Risk
6.1 Risk in Goods passes to you on Delivery as defined in clause 3.
7. Personal Properties Securities Act 1999 ("PPSA")
7.1 Clause 4.2 creates a security interest in Goods we supply to you.
7.2 At our request you will do anything reasonably required by us to ensure our security interest constitutes a first ranking perfected security interest in the Goods. We may at any time enter your premises and properties to uplift Goods that we have a security interest in.
7.3 If Goods that we have a security interest in are processed, included or dealt with in any way causing them to become accessions, processed or commingled Goods, our security interest will continue in the whole in which they are included.
7.4 You waive any rights you may have under sections 114(1)(a) (notice of sale of collateral to the debtor), 116 (statement of account), 120(2) (notice of proposal), 121 (objection to proposal), 125 (must not damage Goods when removing accession), 126 (reimbursement for damage caused by removal of accession), 127 (refuse permission to remove accession), 129 (notice of removal of accession), 131 (court order concerning removal of accession), 133 (reinstate security agreement), 134 (limit on reinstatement of security agreement) and 148 (notice of verification statement) of the PPSA.
7.5 You waive your right to receive a copy of any verification statement (as that term is defined in the PPSA).
8. PPSR Warranties
8.1 All information we provide relating to the Goods and services including, without limitation, their specifications, description, measurements whether contained in advertisements, catalogues, price lists, illustrations or other similar materials, is provided in good faith. However, you agree to treat such information as an approximate and general guide only. You acknowledge that you are relying on your own judgment as to the nature, quality and condition of the Goods and services and as to their suitability for any use or purpose and you agree that we are under no duty to ascertain the suitability of the Goods or services for any particular purpose whatsoever.
8.2 If you are considered a consumer under the Consumer Guarantees Act 1993 in respect of the Goods and services which we provide to you then you have a number of rights. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire Goods and services from us for the purposes of a business in terms of sections 2 and 43 of that Act.
8.3 Other than as expressly provided for in these Terms, to the maximum extent permitted by law we exclude all warranties, conditions or obligations imposed or implied by law, whether under common law, equity or otherwise.
9. Claims and Liability
Notwithstanding any other provision of these Terms:
9.1 Any claim by you of any defect in the Goods or services provided including non-conformity to an order for Goods must be made in writing to us within 10 days of the Goods being Delivered. Failing to provide notice within this time will result in you being deemed to have accepted the Goods.
9.2 You agree to give us a reasonable opportunity to inspect, verify and accept or reject any claim for defective Goods and or services. Where your claim is accepted by us, we may (at our discretion) replace or give credit for the Goods or services supplied. To the maximum extent permitted by law, we will not be otherwise liable to you or any third party, whether in contract, tort or otherwise, for any loss or damage arising directly or indirectly from Goods or services supplied by us to you. For the avoidance of any doubt we will not be liable to you for:
(a) any indirect, special or consequential loss or damage; or
(b) loss of equipment of property; or
(c) economic loss or damage; or
(d) incurring of liability for loss or damage of any nature whatsoever suffered by third parties (including in each case incidental and punitive damages); or
(e) any loss of actual or anticipated profit, interest, revenue, anticipated savings or business or damage to goodwill,
even if we are advised in advance of the possibility of any such losses or damages.
We will not be liable for any losses arising from your misuse of the Goods including (without limitation):
(f) wilful damage;
(g) your negligence or that of your agents or employees;
(h) any alteration or repair you make to the Goods.
In any case, where we are found by a Court of competent jurisdiction to be liable to you for any reason whatsoever, the extent of our liability will not exceed the price that you have paid us for the Goods and/or services provided by us to you.
9.3 You acknowledge and agree that the prices agreed for your order reflect the limitations of liabilities contained in these Terms.
10. Failing to comply with Terms
10.1 If you fail to comply with any of these Terms, we are entitled to cancel any orders already made and to recover from you the Goods as well as any losses, damages, costs, interest, fees, charges (including handling charges payable to us) and expenses incurred by us as a result of your default and the subsequent cancellation of such order by us.
11. Force Majeure
Subject to clause 7, but notwithstanding any other provision in these Terms:
11.1 Should we be delayed in supplying any order due to any event not reasonably within our control, we may either:
(a) cancel such order; or
(b) suspend our obligations to you under these Terms during the period when such event is causing delay,
in either case, without incurring liability to you for any loss or damage whatsoever suffered by you or any other person.
12. No Setoff
12.1 You agree not to set off against any payments owing to us any alleged amounts owing to you and agree to promptly pay all accounts when due
13.1 By placing an order with us, you authorise us to collect, retain and use information about you for the following purposes:
(a) to manage your order placed with us, including sending you statements and invoices, organising payment; and
(b) to provide you with information about our products and any special offers we believe may be of interest to you.
13.2 Under the Privacy Act 1993 you have the right to access and correct any personal information we hold about you. Please direct any such request to the Managing Director by calling (09) 828 6876.
14.1 You may not assign or transfer all or any of your rights or obligations in respect of your order without our prior written consent.
14.2 We are not bound by any error or omission in any invoice, order, form or other document.
14.3 You must keep all information you have provided to us up-to-date, including advising us in writing of any change of name, address or other detail that would be relevant to your order.
14.4 If any provision of these Terms is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms to the extent of such invalidity or unenforceability and such invalidity or unenforceability will not affect the other provisions of these Terms, all of which will remain in full force and effect.