Terms Of Trade
- “NZ Rewinds” means More Rewards Limited T/A New Zealand Rewinds, its successors and assigns or any person acting on behalf of and with the authority of More Rewards Limited T/A New Zealand Rewinds.
- “Client” means the person/s buying the Parts (and/or hiring Loan Equipment) as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
- “Parts” means all Parts or Services supplied by NZ Rewinds to the Client at the Client’s request from time to time (where the context so permits the terms ‘Parts’ or ‘Services’ shall be interchangeable for the other).
- “Loan Equipment” means all Loan Equipment including any accessories supplied on loan by NZ Rewinds to the Client (and where the context so permits shall include any supply of Services). The Loan Equipment shall be as described on the invoices, quotation, or any other work authorisation form provided by NZ Rewinds to the Client.
- Call-Out Fee shall mean all costs (including, but not limited to, hourly rates) incurred by NZ Rewinds due to:
- NZ Rewinds not being able to access the worksite at the prescribed time; or
- the Client failing to notify NZ Rewinds before 3pm on the day before the installation of a request to change the time or date of the installation.
- “Price” means the Price payable for the Parts/Loan Equipment hire as agreed between NZ Rewinds and the Client in accordance with clause 5 below.
- The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Parts/Loan Equipment.
- These terms and conditions may only be amended with NZ Rewinds consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and NZ Rewinds.
- Any advice, recommendation, information, assistance or service provided by NZ Rewinds in relation to Parts or Services supplied is given in good faith is based on NZ Rewinds own knowledge and experience and shall be accepted without liability on the part of NZ Rewinds and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Parts or Services.
- NZ Rewinds reserves the right to charge a minimum one hundred ($100.00) dollars inspection fee plus a disposal fee for any machinery submitted for repair that is ultimately deemed to be uneconomical to repair. Furthermore, where NZ Rewinds is requested to dispose of said machinery, NZ Rewinds shall be entitled to retain any excess proceeds for the scrap machinery after the deduction of the inspection fee, however, where such proceeds are less than the inspection fee then NZ Rewinds reserves the right to invoice the Client the difference in accordance with clause 5.2.
- The Client accepts and acknowledges that in the event NZ Rewinds is denied access to the worksite on the agreed start date and the Client requests that the commencement date to be put back and/or the installation period extended by whatsoever time is reasonable then NZ Rewinds reserves the right to charge the Client the costs of Parts and labour provided to date accordance with clause 5.2.
- The Client acknowledges and agrees that in the event that the Client requests NZ Rewinds to make a Call-Out to carry out Services, then NZ Rewinds reserves the right to charge a minimum Call-Out Fee of one hour being NZ Rewinds hourly labour rate (penalty rates may apply for weekends and/or Public Holidays, unless otherwise agreed between NZ Rewinds and the Client), plus travel and Parts.
- Authorised Representatives
- Unless otherwise limited as per clause 3.2 the Client agrees that should the Client introduce any third party to NZ Rewinds as the Client’s duly authorised representative, that once introduced that person shall have the full authority of the Client to order any materials or Services on the Client’s behalf and/or to request any variation to the works on the Client’s behalf (such authority to continue until all requested works have been completed or the Client otherwise notifies NZ Rewinds in writing that said person is no longer the Client’s duly authorised representative).
- In the event that the Client’s duly authorised representative as per clause 3.1 is to have only limited authority to act on the Client’s behalf then the Client must specifically and clearly advise NZ Rewinds in writing of the parameters of the limited authority granted to their representative.
- The Client specifically acknowledges and accepts that they will be solely liable to NZ Rewinds for all additional costs incurred by NZ Rewinds (including NZ Rewinds profit margin) in providing any works, materials, Services or variation/s requested by the Client’s duly authorised representative (subject always to the limitations imposed under clause 3.2 (if any)).
- Change in Control
- The Client shall give NZ Rewinds not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by NZ Rewinds as a result of the Client’s failure to comply with this clause.
- Price and Payment
- At NZ Rewinds sole discretion the Price shall be either:
- as indicated on invoices provided by NZ Rewinds to the Client in respect of the Works supplied; or
- NZ Rewinds estimated Price (subject to clause 5.1) which shall not be deemed binding upon NZ Rewinds as the actual Price can only be determined upon completion of the Services. Variances in the estimated Price of more than 10% will be subject to Client approval before proceeding with the Services; or
- NZ Rewinds quoted Price (subject to clause 5.1) which shall be binding upon NZ Rewinds provided that the Client shall accept NZ Rewinds quotation in writing within thirty (30) days of issue.
- NZ Rewinds reserves the right to change the Price in the event of a variation to NZ Rewinds quotation. Any variation from the plan of scheduled Services (including, but not limited to, additional works required due to hidden or unidentifiable difficulties beyond the control of NZ Rewinds such as overseas transactions may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges for foreign sourced components, inspection fee where machinery is deemed uneconomical or as a result of increases to NZ Rewinds in the cost of Parts (including but not limited any variance in the Price of copper) and labour) will be charged for on the basis of NZ Rewinds quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
- At NZ Rewinds sole discretion a non-refundable deposit may be required.
- Time for payment for the Parts/Loan Equipment (all Loan
Equipment where applicable
shall be subject to a minimal rental charge during the course of the Services) being
of the essence, the Price will be payable by the Client on the date/s
determined by NZ Rewinds, which may be:
- on delivery of the Part;
- completion of the Services;
- for certain approved Client’s, due twenty (20) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
- the date specified on any invoice or other form as being the date for payment; or
- failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by NZ Rewinds.
- No allowance has been made for any worksite inductions. These, if required will be an additional cost to the Client and shall be invoiced in accordance with clause 5.2, unless otherwise agreed between NZ Rewinds and the Client.
- Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to two and half percent (2.5%) of the Price), or by any other method as agreed to between the Client and NZ Rewinds.
- Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to NZ Rewinds an amount equal to any GST NZ Rewinds must pay for any supply by NZ Rewinds under this or any other agreement for the sale of the Parts/hire of the Loan Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
- At NZ Rewinds sole discretion the Price shall be either:
- Delivery of Parts
- Delivery (“Delivery”)
of the Parts is taken to occur at the time that:
- the Client or the Client’s nominated carrier takes possession of the Parts/Loan Equipment at NZ Rewinds address; or
- NZ Rewinds (or NZ Rewinds nominated carrier) delivers the Parts/Loan Equipment to the Client’s nominated address even if the Client is not present at the address.
- At NZ Rewinds sole discretion the cost of delivery is in addition to the Price.
- The Client must take delivery by receipt or collection of the Parts/Loan Equipment whenever either is tendered for delivery. In the event that the Client is unable to take delivery of the Parts/Loan Equipment as arranged then NZ Rewinds shall be entitled to charge a reasonable fee for redelivery of the Parts/Loan Equipment and/or the storage of the Parts.
- NZ Rewinds may deliver the Parts/Loan Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
- Any time specified by NZ Rewinds for the delivery of Parts is an estimate only and NZ Rewinds will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Parts to be delivered at the time and place as was arranged between both parties. In the event that NZ Rewinds is unable to deliver the Parts as agreed solely due to any action or inaction of the Client and/or third party (including but not limited to, delivery of parts by third party suppliers) then NZ Rewinds shall be entitled to charge the Client any additional costs incurred by NZ Rewinds as a direct consequence of any resultant delay or rescheduling of the delivery.
- Delivery (“Delivery”) of the Parts is taken to occur at the time that:
- Risk of damage to or loss of the Parts passes to the Client on Delivery and the Client must insure the Parts on or before Delivery.
- If any of the Parts are damaged or destroyed following delivery but prior to ownership passing to the Client, NZ Rewinds is entitled to receive all insurance proceeds payable for the Parts. The production of these terms and conditions by NZ Rewinds is sufficient evidence of NZ Rewinds rights to receive the insurance proceeds without the need for any person dealing with NZ Rewinds to make further enquiries.
- If the Client requests NZ Rewinds to leave Parts outside NZ Rewinds premises for collection or to deliver the Parts to an unattended location then such Parts shall be left at the Client’s sole risk.
- Where NZ Rewinds is required to install the Parts the Client warrants that the structure of the premises or Loan Equipment in or upon which these Parts are to be installed or erected is sound and will sustain the installation and work incidental thereto and NZ Rewinds shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
- The Client acknowledges and accepts that the supply of Parts for accepted orders may be subject to availability and if, for any reason, Parts are not or cease to be available, NZ Rewinds reserves the right to vary the Price with alternative Parts as per clause 5.2. NZ Rewinds also reserves the right to halt all Services until such time as NZ Rewinds and the Client agree to such changes.
- The Client acknowledges that NZ Rewinds is only responsible for Parts that are replaced by NZ Rewinds and that in the event that other parts, subsequently fail, the Client agrees to indemnify NZ Rewinds against any loss or damage to the Parts, or caused by the parts, or any part thereof howsoever arising.
- NZ Rewinds shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, NZ Rewinds accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
- Where Parts are manufactured by NZ Rewinds but are not installed by NZ Rewinds as instructed by the Client, the Client accepts NZ Rewinds accepts no liability in the event of any loss, damages, or costs however arising.
- The Client shall ensure that NZ Rewinds has clear and free access to the work site at all times to enable them to undertake the Services. NZ Rewinds shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of NZ Rewinds.
- Title To Parts
- NZ Rewinds and the Client agree that ownership of the Parts
shall not pass until:
- the Client has paid NZ Rewinds all amounts owing to NZ Rewinds; and
- the Client has met all of its other obligations to NZ Rewinds.
- Receipt by NZ Rewinds of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
- It is further agreed that:
- until ownership of the Parts passes to the Client in accordance with clause 9.1 that the Client is only a bailee of the Parts and must return the Parts to NZ Rewinds on request.
- the Client holds the benefit of the Client’s insurance of the Parts on trust for NZ Rewinds and must pay to NZ Rewinds the proceeds of any insurance in the event of the Parts being lost, damaged or destroyed.
- the Client must not sell, dispose, or otherwise part with possession of the Parts other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Parts then the Client must hold the proceeds of any such act on trust for NZ Rewinds and must pay or deliver the proceeds to NZ Rewinds on demand.
- the Client should not convert or process the Parts or intermix them with other Parts but if the Client does so then the Client holds the resulting product on trust for the benefit of NZ Rewinds and must sell, dispose of or return the resulting product to NZ Rewinds as it so directs.
- the Client irrevocably authorises NZ Rewinds to enter any premises where NZ Rewinds believes the Parts are kept and recover possession of the Parts.
- NZ Rewinds may recover possession of any Parts in transit whether or not delivery has occurred.
- the Client shall not charge or grant an encumbrance over the Parts nor grant nor otherwise give away any interest in the Parts while they remain the property of NZ Rewinds.
- NZ Rewinds may commence proceedings to recover the Price of the Parts sold notwithstanding that ownership of the Parts has not passed to the Client.
- NZ Rewinds and the Client agree that ownership of the Parts shall not pass until:
- Personal Property
Securities Act 1999 (“PPSA”)
- Upon assenting to these terms and conditions in writing the Client
acknowledges and agrees that:
- these terms and conditions constitute a security agreement for the purposes of the PPSA; and
- a security interest is taken in all Parts/Loan Equipment previously supplied by NZ Rewinds to the Client (if any) and all Parts/Loan Equipment that will be supplied in the future by NZ Rewinds to the Client.
- The Client undertakes to:
- sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which NZ Rewinds may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
- indemnify, and upon demand reimburse, NZ Rewinds for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Parts/Loan Equipment charged thereby;
- not register a financing change statement or a change demand without the prior written consent of NZ Rewinds; and
- immediately advise NZ Rewinds of any material change in its business practices of selling Parts which would result in a change in the nature of proceeds derived from such sales.
- NZ Rewinds and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
- The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
- Unless otherwise agreed to in writing by NZ Rewinds, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
- The Client shall unconditionally ratify any actions taken by NZ Rewinds under clauses 10.1 to 10.5.
- Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:
- Security and Charge
- In consideration of NZ Rewinds agreeing to supply the Parts/Loan Equipment, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
- The Client indemnifies NZ Rewinds from and against all NZ Rewinds costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising NZ Rewinds rights under this clause.
- The Client irrevocably appoints NZ Rewinds and each director of NZ Rewinds as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on the Client’s behalf.
- Client’s Disclaimer
- The Client hereby disclaims any right to rescind, or cancel any contract with NZ Rewinds or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by NZ Rewinds and the Client acknowledges that the Parts are bought relying solely upon the Client’s skill and judgment.
- The Client shall inspect the Parts/Loan Equipment on delivery and shall within seven (7) days of delivery (time being of the essence) notify NZ Rewinds of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford NZ Rewinds an opportunity to inspect the Parts/Loan Equipment within a reasonable time following delivery if the Client believes the Parts are defective in any way. If the Client shall fail to comply with these provisions the Parts/Loan Equipment shall be presumed to be free from any defect or damage. For defective Parts/Loan Equipment, which NZ Rewinds has agreed in writing that the Client is entitled to reject, NZ Rewinds liability is limited to either (at NZ Rewinds discretion) replacing the Parts/Loan Equipment or repairing the Parts/Loan Equipment.
- Parts/Loan Equipment will not be accepted for return for any reason other than those specified in clause 13.1 above (or in the case of Loan Equipment hire, normal termination of Loan Equipment hire in accordance with the full terms and conditions herein).
- For Parts not manufactured by NZ Rewinds, the warranty shall be the current warranty provided by the manufacturer of the Parts. NZ Rewinds shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Parts.
- To the extent permitted by statute, no warranty is given by NZ Rewinds as to the quality or suitability of the Parts for any purpose and any implied warranty, is expressly excluded. NZ Rewinds shall not be responsible for any loss or damage to the Parts, or caused by the Parts, or any part thereof however arising.
- In the case of second hand Parts, the Client acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that no warranty is given by NZ Rewinds as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. NZ Rewinds shall not be responsible for any loss or damage to the Parts, or caused by the Parts, or any part thereof however arising.
- Consumer Guarantees Act
- If the Client is acquiring Parts for the purposes of a trade or business, the Client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Parts by NZ Rewinds to the Client.
- Intellectual Property
- Where NZ Rewinds has designed, drawn or developed Parts/Loan Equipment for the Client, then the copyright in any designs and drawings and documents shall remain the property of NZ Rewinds.
- The Client warrants that all designs, specifications or instructions given to NZ Rewinds will not cause NZ Rewinds to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify NZ Rewinds against any action taken by a third party against NZ Rewinds in respect of any such infringement.
- The Client agrees that NZ Rewinds may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, digital images, drawings of completed Services or Parts which NZ Rewinds has created for the Client.
- Default and Consequences of
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at NZ Rewinds sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- If the Client owes NZ Rewinds any money the Client shall indemnify NZ Rewinds from and against all costs and disbursements incurred by NZ Rewinds in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, NZ Rewinds collection agency costs, and bank dishonour fees).
- At NZ Rewinds sole discretion, should any account become overdue from the agreed payment due date then an amount of ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied as a late payment fee which sum shall become immediately due and payable.
- Without prejudice to any other remedies NZ Rewinds may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions NZ Rewinds may suspend or terminate the supply of Parts/Loan Equipment to the Client. NZ Rewinds will not be liable to the Client for any loss or damage the Client suffers because NZ Rewinds has exercised its rights under this clause.
- Without prejudice to NZ Rewinds other remedies at law NZ
Rewinds shall be entitled to cancel all or any part of any order of the Client
which remains unfulfilled and all amounts owing to NZ Rewinds shall, whether or
not due for payment, become immediately payable if:
- any money payable to NZ Rewinds becomes overdue, or in NZ Rewinds opinion the Client will be unable to make a payment when it falls due;
- the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
- Dispute Resolution
- All disputes and differences between the Client and NZ Rewinds touching and concerning this agreement shall be referred to arbitration under a single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed by each party) and their umpire (appointed by them prior to arbitration), such arbitration to be carried out in accordance with provisions of the Arbitration Act 1996.
- Compliance with Laws
- The Client and NZ Rewinds shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
- All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations. All of the cabling work will comply with the New Zealand and Australian Wiring rules.
- The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
- NZ Rewinds may cancel any contract to which these terms and conditions apply or cancel delivery of Parts/Loan Equipment at any time before the Parts/Loan Equipment are due to be delivered by giving written notice to the Client. On giving such notice NZ Rewinds shall repay to the Client any money paid by the Client for the Parts/Loan Equipment. NZ Rewinds shall not be liable for any loss or damage whatsoever arising from such cancellation.
- In the event that the Client cancels delivery of the Parts/Loan Equipment the Client shall be liable for any and all loss incurred (whether direct or indirect) by NZ Rewinds as a direct result of the cancellation (including, but not limited to, any loss of profits).
- Cancellation of orders for Parts made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
- Privacy Act 1993
- The Client authorises NZ Rewinds or NZ Rewinds agent to:
- access, collect, retain and use any information about the Client;
- (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or
- for the purpose of marketing products and services to the Client.
- disclose information about the Client, whether collected by NZ Rewinds from the Client directly or obtained by NZ Rewinds from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
- Where the Client is an individual the authorities under clause 21.1 are authorities or consents for the purposes of the Privacy Act 1993.
- The Client shall have the right to request NZ Rewinds for a copy of the information about the Client retained by NZ Rewinds and the right to request NZ Rewinds to correct any incorrect information about the Client held by NZ Rewinds.
- Unpaid Seller’s Rights
- Where the Client has left any item with NZ Rewinds for
repair, modification, exchange or for NZ Rewinds to perform any other service in
relation to the item and NZ Rewinds has not received or been tendered the whole
of any moneys owing to it by the Client, NZ Rewinds shall have, until all
moneys owing to NZ Rewinds are paid:
- a lien on the item; and
- the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected Parts.
- The lien of NZ Rewinds shall continue despite the commencement of proceedings, or judgment for any moneys owing to NZ Rewinds having been obtained against the Client.
- Where the Client has left any item with NZ Rewinds for repair, modification, exchange or for NZ Rewinds to perform any other service in relation to the item and NZ Rewinds has not received or been tendered the whole of any moneys owing to it by the Client, NZ Rewinds shall have, until all moneys owing to NZ Rewinds are paid:
- Loan Equipment Hire
- Loan Equipment shall at all times remain the property of NZ Rewinds and is returnable on demand by NZ Rewinds. In the event that Loan Equipment is not returned to NZ Rewinds in the condition in which it was delivered NZ Rewinds retains the right to charge the Client the full cost of repairing the Loan Equipment. In the event that Loan Equipment is not returned at all NZ Rewinds shall have right to charge the Client the full cost of replacing the Loan Equipment.
- The Client shall;
- keep the Loan Equipment in their own possession and control and shall not assign the benefit of the Loan Equipment nor be entitled to a lien over the Loan Equipment.
- not alter or make any additions to the Loan Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Loan Equipment or in any other manner interfere with the Loan Equipment.
- keep the Loan Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by NZ Rewinds to the Client.
- The Client accepts full responsibility for the safekeeping of the Loan Equipment and the Client agrees to insure, or self-insure, NZ Rewinds interest in the Loan Equipment and agrees to indemnify NZ Rewinds against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Loan Equipment. Further the Client will not use the Loan Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
- The failure by NZ Rewinds to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect NZ Rewinds right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Tauranga Courts of New Zealand.
- NZ Rewinds shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by NZ Rewinds of these terms and conditions (alternatively NZ Rewinds liability shall be limited to damages which under no circumstances shall exceed the Price of the Parts/Loan Equipment hire).
- The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by NZ Rewinds nor to withhold payment of any invoice because part of that invoice is in dispute.
- NZ Rewinds may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
- The Client agrees that NZ Rewinds may amend these terms and conditions at any time. If NZ Rewinds makes a change to these terms and conditions, then that change will take effect from the date on which NZ Rewinds notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for NZ Rewinds to provide Parts/Loan Equipment to the Client.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.