All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and
conditions will have any effect unless expressly agreed in writing by Fabrication Specialists Ltd.
1. Quotations
(a) Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be
construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the
Customer’s order has been accepted by Fabrication Specialists.
(b) Fabrication Specialists shall not be bound by any condition attaching to the Customer’s order or acceptance of a Quotation and,
unless such conditions are expressly accepted by Fabrication Specialists in writing, the Customer acknowledges that such conditions are expressly negated.
(c) Cancellation of an order can be made only with consent from Fabrication Specialists and upon terms that will compensate
Fabrication Specialists against loss.
(d) Change orders or briefing updates, amendments or changes requested by the Customer shall not be effective unless accepted
in writing by Fabrication Specialists. The Customer shall be liable for any costs, expenses, and liabilities incurred by Fabrication
Specialists in connection with any such change order.
2. Price
(a) Quoted prices do not include GST.
(b) Fabrication Specialists shall be entitled to vary the quoted price for the goods and services at any time prior to delivery if the
cost to Fabrication Specialists of performing the contract is increased and Fabrication Specialists reserves the right to apply prices
ruling at the time of providing the goods or services.
3. Terms of Payment
(a) A deposit for the goods and services will be invoiced prior to works commencing and the invoiced amount for the deposit must be paid in full before works commence. As a guide deposits are usually between 30% - 50% of the quoted price.
(b) All other invoiced amounts for the goods and services must be paid in full within seven (7) days after the goods and services are
invoiced.
(c) The Customer is not entitled to withhold payment or make any deduction from the price of the goods and services (whether
by way of any set off, counterclaim, retention or otherwise) from any money owing to the seller.
(d) If the Customer fails to pay for any of the goods or services, Fabrication Specialists may in its absolute discretion, but without
prejudice to any other remedy it may have, postpone the fulfilment of its obligations under this order or briefing and under any
other order or briefing with this Customer until such payment is made and charge to the Customer any extra expense incurred
thereby.
7. Cancellation or Suspension of Orders
Except where the Customer has a statutory right of termination, orders accepted by Fabrication Specialists may not be cancelled
either wholly or in part without the consent in writing of Fabrication Specialists.
8. Supply
(a) The seller will endeavour to meet agreed delivery dates, but will not be held liable, nor may the buyer cancel any order or any
part of any order, for late delivery. The seller reserves the right to cancel or suspend unconditionally and without liability any contract and/or to reject any order.
(b) Unless otherwise agreed in writing by the seller, the buyer will be responsible for arranging the carriage of goods, and delivery
of any particular goods will be deemed to have been made when those goods are available for collection from the collection point as agreed with the buyer, or in the absence of agreement, as specified by the seller.
(c) Where the seller agrees to arrange the carriage of goods:
9. Liability
(a) Any service or advice which may be offered by Fabrication Specialists to the Customer is rendered in good faith and Fabrication
Specialists shall not be liable for any loss or damage arising therefrom.
(b) For the avoidance of doubt, Fabrication Specialists will be under no liability whatsoever to the Customer for any loss, injury or
damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission
(whether negligent or otherwise) by Fabrication Specialists, its servants or agents or any other person in any way related to or arising out of the Quotation by Fabrication Specialists.
10. Intellectual Property
All copyright, design right and other intellectual property in any design, specification, process, method of working or other
information relating to the Goods or Services (other than that provided by the Customer to Fabrication Specialists) shall vest for all
time in Fabrication Specialists. Fabrication Specialists only grants to the Customer an irrevocable license to use the Goods or Services for the specified project in accordance with the Customers brief.
11. Claims
Any claim to reject the goods or to claim damages on the grounds that the goods do not conform to the description by which they were sold, must be notified in writing to the seller within seven days of delivery of the goods to the buyer, failing which any such claim shall be deemed conclusively to have been waived by the buyer.
12. Paramountcy
These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between Fabrication Specialists
and the Customer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and
Conditions of Quotation and Sale shall be of any effect.
For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale shall apply in all circumstances, including where the Customer validly accept this quotation or where the Customer and Fabrication Specialists otherwise proceed with carrying out work under the brief, whether or not the Customer, at any time and by any means, purports to impose its own terms and conditions.
13. Governing Law of Contract
These General Terms and Conditions of Quotation and Sale will be governed by the laws of New Zealand and the parties submit to
the non-exclusive jurisdiction of the Courts of New Zealand.
conditions will have any effect unless expressly agreed in writing by Fabrication Specialists Ltd.
1. Quotations
(a) Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be
construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the
Customer’s order has been accepted by Fabrication Specialists.
(b) Fabrication Specialists shall not be bound by any condition attaching to the Customer’s order or acceptance of a Quotation and,
unless such conditions are expressly accepted by Fabrication Specialists in writing, the Customer acknowledges that such conditions are expressly negated.
(c) Cancellation of an order can be made only with consent from Fabrication Specialists and upon terms that will compensate
Fabrication Specialists against loss.
(d) Change orders or briefing updates, amendments or changes requested by the Customer shall not be effective unless accepted
in writing by Fabrication Specialists. The Customer shall be liable for any costs, expenses, and liabilities incurred by Fabrication
Specialists in connection with any such change order.
2. Price
(a) Quoted prices do not include GST.
(b) Fabrication Specialists shall be entitled to vary the quoted price for the goods and services at any time prior to delivery if the
cost to Fabrication Specialists of performing the contract is increased and Fabrication Specialists reserves the right to apply prices
ruling at the time of providing the goods or services.
3. Terms of Payment
(a) A deposit for the goods and services will be invoiced prior to works commencing and the invoiced amount for the deposit must be paid in full before works commence. As a guide deposits are usually between 30% - 50% of the quoted price.
(b) All other invoiced amounts for the goods and services must be paid in full within seven (7) days after the goods and services are
invoiced.
(c) The Customer is not entitled to withhold payment or make any deduction from the price of the goods and services (whether
by way of any set off, counterclaim, retention or otherwise) from any money owing to the seller.
(d) If the Customer fails to pay for any of the goods or services, Fabrication Specialists may in its absolute discretion, but without
prejudice to any other remedy it may have, postpone the fulfilment of its obligations under this order or briefing and under any
other order or briefing with this Customer until such payment is made and charge to the Customer any extra expense incurred
thereby.
7. Cancellation or Suspension of Orders
Except where the Customer has a statutory right of termination, orders accepted by Fabrication Specialists may not be cancelled
either wholly or in part without the consent in writing of Fabrication Specialists.
8. Supply
(a) The seller will endeavour to meet agreed delivery dates, but will not be held liable, nor may the buyer cancel any order or any
part of any order, for late delivery. The seller reserves the right to cancel or suspend unconditionally and without liability any contract and/or to reject any order.
(b) Unless otherwise agreed in writing by the seller, the buyer will be responsible for arranging the carriage of goods, and delivery
of any particular goods will be deemed to have been made when those goods are available for collection from the collection point as agreed with the buyer, or in the absence of agreement, as specified by the seller.
(c) Where the seller agrees to arrange the carriage of goods:
- (i) unless otherwise expressly stated in writing by the seller, prices estimated or quoted will not include the cost of delivery or insurance and the buyer will be invoiced for any charges incurred by the seller in carriage of goods;
- (ii) delivery will be deemed to have been made when the goods arrive at the delivery point agreed with the buyer;
- (iii) if the buyer or its authorised agent is not present at the delivery point when the goods are delivered, delivery will be deemed to have been effected in any event;
- (iv) the buyer is responsible for ensuring, at its own cost, that all agreed delivery sites have unloading facilities together with labour and/or mechanical means to unload the goods promptly and suitable access and area for unloading and shall indemnify the seller against any loss, liability, costs or expenses incurred by the seller or its agents in unloading the goods;
- (v) any claim for goods damaged during unloading or damaged or lost in transit must be made to the seller within 24 hours of delivery;
- (vi) where any quotation or estimate given to the buyer includes the cost of delivery, the price quoted or estimated will cover only the usual methods of transportation used by the seller;
- (vii) delivery may be by instalments and each instalment will be treated as a separate contract under these conditions; and
- (viii) if the buyer fails to take delivery of any goods at an agreed delivery time, the seller may (without limiting any other right the seller may have) charge the buyer for any waiting time for delays by the buyer in unloading goods, handling charges for any unloading work carried out by the seller, expenses for the storage, transportation or disposal of the goods and any other additional expenses incurred in relation to the goods.
9. Liability
(a) Any service or advice which may be offered by Fabrication Specialists to the Customer is rendered in good faith and Fabrication
Specialists shall not be liable for any loss or damage arising therefrom.
(b) For the avoidance of doubt, Fabrication Specialists will be under no liability whatsoever to the Customer for any loss, injury or
damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission
(whether negligent or otherwise) by Fabrication Specialists, its servants or agents or any other person in any way related to or arising out of the Quotation by Fabrication Specialists.
10. Intellectual Property
All copyright, design right and other intellectual property in any design, specification, process, method of working or other
information relating to the Goods or Services (other than that provided by the Customer to Fabrication Specialists) shall vest for all
time in Fabrication Specialists. Fabrication Specialists only grants to the Customer an irrevocable license to use the Goods or Services for the specified project in accordance with the Customers brief.
11. Claims
Any claim to reject the goods or to claim damages on the grounds that the goods do not conform to the description by which they were sold, must be notified in writing to the seller within seven days of delivery of the goods to the buyer, failing which any such claim shall be deemed conclusively to have been waived by the buyer.
12. Paramountcy
These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between Fabrication Specialists
and the Customer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and
Conditions of Quotation and Sale shall be of any effect.
For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale shall apply in all circumstances, including where the Customer validly accept this quotation or where the Customer and Fabrication Specialists otherwise proceed with carrying out work under the brief, whether or not the Customer, at any time and by any means, purports to impose its own terms and conditions.
13. Governing Law of Contract
These General Terms and Conditions of Quotation and Sale will be governed by the laws of New Zealand and the parties submit to
the non-exclusive jurisdiction of the Courts of New Zealand.