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Terms of Trade

ALPINE AIR CONDITIONING & REFRIGERATION  LTD
TERMS AND CONDITIONS OF SALE AND CREDIT

(SMALL CONTRACTS)

1       General

1.1                   The acceptance of Alpine Air Conditioning and Refrigeration ltd quote includes the acceptance of the following terms and conditions.

1.2                   Definitions.

1.2.1                            PPSA means the Personal Property Securities Act 1999.

1.2.2                            Alpine Air means Alpine Air Conditioning and Refrigeration ltd.

1.2.3                            Goods means all goods supplied from time to time by Alpine Air and includes all proceeds of such goods provided that:

1.2.4                            Client means the client to whom the goods are supplied pursuant to the quotation provided by Alpine Air .

2        Prices

2.1                  Prices quoted are based upon costs current at the date of quotation and are valid for 30 days. All prices quoted are inclusive of G.S.T. Unless otherwise stated. The G.S.T. component will be chargeable at the rate applicable at time of invoicing.

3       Terms of Payment

3.1                  Unless otherwise agreed in writing, payment for goods must be made within seven (7) days from the date the goods are installed and operative. Payment by cash, personal cheque or bank cheque will be accepted. Visa card payments maybe accepted. 

3.2                   Where other payment terms are agreed, payment must be made in accordance with those terms.

3.3                   Any deposit requested by Alpine Air . shall be payable upon acceptance of the quotation.

3.4                   If payment is made by credit card Alpine Air .  reserves it position to recover the credit commission.

3.5                   Should payment in full not be made on the due date, then without prejudice to
any other remedies available to Alpine Air it may:

3.5.1                            cancel or withhold the supply of further goods:

3.5.2                            charge and recover interest charged on a daily basis at a rate of 2% per month during the period of default up until the date of payment; and

3.5.3                           the client shall be responsible for all costs (including costs on a solicitor/client basis) and debt collection charges incurred by Alpine Air in recovering all outstanding amounts.

4            Dimensions of Other Descriptive Details

4.1                   Photographs, illustrations, weights, dimensions and any other particulars given in or accompanying quotation or descriptive literature, represent generally the goods offered but are subject to alteration without notice by the manufacturer and Alpine Air shall not be bound as to the details thereof.

5           Warranties

5.1                  Alpine Air warrants the goods are supplied free of defects in materials or workmanship under normal usage. In the event of defect in materials or workmanship Alpine Air will repair or exchange any defective part provided that the defect is brought to the attention
of Alpine Air  within one (1) year from the date of sale of the goods and Alpine Air is reasonably satisfied the defect is caused by fault in the materials or manufacturing workmanship. This warranty is exclusive to the client and is not transferable.

5.2                   Where possible extended manufacturing warranties will be passed on to the client but Alpine Air will not liable if such warranty is not passed on.

5.3                   Alpine Air shall not be liable for any consequential or special damages under any circumstances whatsoever
.
5.4                   All quoted performance figures are based upon previous experience and reasonable expectation of ordinary usage. Any units not reasonably performing to those quoted standards will be replaced; if replaced Alpine Air will have no further liability to the client.

6            Credit

6.1                  There is no obligation for Alpine Air to continue to provide credit and it may at any time withdraw the credit facility granted and require immediate payment of the total amount due and outstanding by the client including the purchase price of the goods, and all interest and expenses.

7            Insurance

7.1                  The goods become the responsibility of the purchaser upon delivery to the purchaser and all risk (including loss, damage or deterioration) passes to the purchaser. Alpine Air is not required to insure the goods from delivery.

8           Delivery and non-availability

8.1                  Any delivery dates quoted by Alpine Air are estimates only. Alpine Air will use reasonable endeavours to see that deliveries are made according to schedule but shall not be responsible for delivery delays due to causes beyond Alpine Air control and the client agrees to accept delivery as soon as the goods are able to be delivered.

8.2                   All goods ordered by the client are subject to such goods being available for delivery and Alpine Air accepts no responsibility for non-availability of goods and shall not be liable for any act of God or force majeure event, including, but not limited to, industrial disputes, war or delays or defaults of manufacturers, which delays or frustrates the performance of this agreement.

9           Consumer Guarantees Act 1993 (CGA)

9.1    The terms and conditions shall be read subject to the client’s rights under the CGA.

                             
10              Cancellation or Return of Goods

10.1                Alpine Air will accept the return of goods or cancellation of a contract for credit provided that the goods are returned within fourteen (14) days of sale and are in the same condition as at time of dispatch. A ten (10) per cent handling fee on all returned goods will be charged.

10.2                 Custom made goods will be subject to a cancellation fee based upon expenses sustained as a result of design, overhead and production labour hours and materials costs incurred up until the date of cancellation.

10.3                 If the goods have already been installed then the cost of removal will be the client’s care, as will any making good that may be necessary.

11               Personal Property Securities Act 1999 (PFSA)

11.1                To secure payment of all amounts owing by the client to Alpine Air from time to time, the client as debtor grants a security interest in all goods purchased from Alpine Air previously supplied by Alpine Air to the client and all present and after acquired goods supplied by Alpine Air to the client. The client agrees that the goods are collateral securing payment of all outstanding indebtedness owing by the client to Alpine Air.

11.2                 The client acknowledges and agrees that the security interest given to Alpine Air includes a security interest in all proceeds of collateral.

12               Installation Charges

12.1                Installation will be performed during normal business hours; any work performed outside normal business hours will be subject to extra payment at additional overtime rates.

12.2                 Alpine Air shall not be charged any penalty whatsoever as a result of late completion of the contract caused by delay by a Head Contractor and nothing said to the contrary of this provision shall be binding on Alpine Air .

13              Ownership

13.1                Ownership of goods sold by Alpine Air shall not pass until the client has made payment in full of the purchase price for those goods to Alpine Air . Until such payment is made the client will hold the goods as bailee for Alpine Air and Alpine Air shall have the right to enter the premises occupied by the client and take possession of any of those goods at any time after payment is due.

13.2                 If the goods or any of them are resold before payment is made, the client shall hold the sale proceeds for and on trust for Alpine Air . The proceeds of any such sale will reduce the debt to Alpine Air and Alpine Air at may take such legal remedies as are available to it to recover any balance outstanding. The client agrees that any collection costs incurred by Alpine Air in collection of all or any part of any overdue debt on this account will be payable by it.

14              Privacy Act

14.1               The client expressly authorises Alpine Air to make any enquiries it considers necessary for confirmation of any information set out on this application. The client understands that it has rights under the Privacy Act 1993 to access and correct any information held by Alpine Air  about the client.

15             Authority

15.1               The persons signing the application confirm(s) having the authority to make and sign this application on behalf of the client.

16              Dispute Resolution

16.1               The parties will endeavour to resolve any dispute arising under this contract reasonably and fairly and if agreement can not be reached the dispute shall be referred to a mediator in first instance and if a mediation is unsuccessful then the dispute a shall be submitted to arbitration within the meaning of the Arbitration Act 1996 and adjudged by an arbitrator appointed by the Canterbury Manufacturers Association

17              Terms of Contract

17.1               Any goods supplied by Alpine Air shall be subject to these terms unless agreed otherwise in writing. The client’s acceptance of goods from Alpine Air is deemed to be an acceptance of these terms notwithstanding anything that may be stated to the contrary in or contained in the client’s purchase order and whether the client has signed these conditions or not.

17.2                 Waivers of or changes to these terms are effective only if made in writing and signed on Alpine Air behalf. Alpine Air reserves the right to modify these terms at any time.