Terms & Conditions of Sale
The following terms and conditions shall be deemed to be incorporated in and to form part of every quotation given by B&C Systems International Limited including all variations to the quantity, specification and services supplies, unless these terms are expressly altered or modified in writing in the body of the quotation.
B&C Systems International Limited shall be called the Seller and the other party or parties to the contract shall be called the Buyer.
EVERY quotation shall be based on rates and conditions current at the date of quotation in respect of:-
- Price and materials
- Awards and marginal rates
- Standard hours of work
- Labour conditions
- Exchange rates
Any variation in any of the preceding items or any other factors beyond the control of the Seller which affect the cost of production or delivery or both of these will be debited or credited to the Buyers account. Every quotation is for quantity and quality of the goods stated therein and does not necessarily apply to future requirements.
- EVERY quotation shall remain open for a period of 30 days from the date hereof. Unless within that period the quotation is expressly accepted in writing by the Buyer he shall be deemed at the end of such period to have rejected the quotation. At any time prior to receipt by the Seller of written acceptance by the Buyer the Seller may withdraw the quote by notice in writing to the Buyer.
TERMS OF PAYMENT:
- PAYMENT for the goods and services shall be made in full by the 20th of the month following month in which the goods are delivered, unless previously arranged and agreed in writing. All unpaid debts will incur all court costs as well as all debt collection fees. Interest will be charged at a rate of 10% monthly and payable on all overdue and unpaid invoices.
- EVERY quotation is conditional upon the Seller being able to secure all Government Licences, permits and other authorities (whether in New Zealand or overseas) essential to the performance of its obligations under this contract.
- EVERY quotation is conditional upon the availability of materials at the time required by the Seller.
- WHERE the costs of installation or erection are included in the quotation, the Buyer shall give the Seller access to the site and shall provide proper facilities for carrying out the work within a reasonable time after acceptance of the quotation.
- THE Seller will at all times endeavour to complete its obligation within the time stated in the quotation such time being computed from the date on which the Buyer notifies the Seller in writing that the premises are ready for any work to take place, but the Seller shall not be liable for any loss or damage or cancellation of the contact for failure to complete the work within the stated time.
- DELIVERY when included in the quotation shall be made only in the manner specified by the Seller and thereafter the goods are at the Buyer’s risk.
- B&C Systems International Limited holds contractors all risk cover during manufacture and installation of our batten and cradle flooring system for your project. You may need to advise your own insurance company of the work that is taking place at your premises prior to any work starting. The buyer shall at all times bear the responsibility of insuring their own property.
- THE Seller warrants that he will indemnity the Buyer for 3 months against faulty materials and workmanship PROVIDED HOWEVER that such indemnity shall specifically exclude any such defect which in the Seller’s sole opinion arises from fair wear and tear, misuse, neglect or accident. Where any goods though supplied by the Seller are not manufactured by the Seller the Buyer will be entitled only to the benefit of any guarantee or warranty given to the Seller by the manufacturer of such goods.
EXCLUSION OF ANY IMPLIED WARRANTY:
- (a) The only warranty given by the Seller shall be as set out in Clause 11 hereof and any other condition or warranty as to date of delivery, quantity and/or fitness of goods for any specific purpose shall be specifically excluded unless incorporated in the quotation and referred to therein as having the effect of partially negating the provision of this clause.
- (b) Except as hereinbefore provided or as expressly negative in the quotation by reference to this clause the Seller shall not be liable for (notwithstanding the manner in which it may have arisen) any consequential loss (including retention or loss of profits) arising from any breach of this contract or resulting from defective material, negligent workmanship, nonfulfillment of technical performance or for accidents or damage to person or property or for failure to deliver or complete within a time stated.
- All claims in connection with the quotation shall be in writing and must be received by the Seller within 14 days from the date of delivery after which time the Seller may refuse to accept or acknowledge any claim. All payment claims will be under the Construction Contracts Act 2002.
- THE Seller (or Agent of the Seller) shall not be liable for any errors or omissions that may arise as a result of any misinterpretations of the Buyers verbal instructions.
- IF any dispute arises as to the meaning of any clause or provision in this or any accompanying documents such dispute shall be referred to the arbitration of a single arbitrator agreeable to both parties or failing such agreement then pursuant to the provisions of the Arbitrations Act, 1908, or any Act passed in substitution therefore.
- B&C Systems International Limited ask (or require) each customer to review their order, billing and shipping information for accuracy before submitting. B&C Systems International Limited do not accept the return or refund of our products. Once an order has been placed, it cannot be changed or cancelled.
- B&C Systems International Limited do not offer a product return or refund service if the customer has a change of mind and/or no longer requires the products supplied by B&C Systems International Limited.