Targetti NZ Limited – General Conditions of Sale

1 General

The acceptance of this tender or quotation includes the acceptance of the following conditions.

2 Acceptance

Unless stated to the contrary, this tender or quotation is open for acceptance for a period of 30 days. Acceptance after that date will be subject to written confirmation by this company.

3 Terms of payment

Prices are nett and payment in full shall be made on the date on which goods are ready for despatch. Account holders only must make payment in full by the 20th of the month following date on which goods are despatched.

4 Retentions

No retentions shall be made unless specifically agreed to in this tender/quotation.

5 Packing

Unless otherwise specified in this tender, quotation, packing in accordance with the manufacturers standard practice is included.

6 Limits of contract

This tender/quotation includes only such goods, accessories and work as are specified therein.

7 Installation

Unless otherwise specified in this tender/quotation, no provision is made for installation of equipment.

8 Description

The description of the goods in the contract is given as an aid in identification of the goods and is not a condition of the contract that the goods shall correspond precisely with the description given. It is the responsibility of the Buyer to confirm that the quotation or description meets their requirement.

9 Drawings, Etc

All drawings, description matter, weights, dimensions submitted with this tender/quotation and the description and illustrations contained in catalogues, price lists and other advertising matter are approximate only and are intended merely to present a general idea of the goods described therein. After acceptance of this tender, a set of outline drawings will be supplied, if desired. Every reasonable precaution will be taken to ensure accuracy of the weights and dimensions shown on the despatch notes or shipping documents.

10 Storage and Insurance

If after the goods are ready for despatch, despatch cannot be effected for any cause beyond control of the Company, the costs of storage and insurance pending despatch shall be to your account unless otherwise agreed.

11 Performance

Any performance figures given are based upon experience and are such as are expected to be obtained on test but no such figures are warranted unless specifically guaranteed in writing signed by us in which case we shall be liable as provided by our guarantee. If goods are made to your specifications, you assume responsibility for the capacity and performance (of the goods) being sufficient and suitable for your purpose.

12 Warranty/liability for defects

Duration of warranty period TNZ's liability ("the Warranty") for operational defects shall remain effective for 24 months from the time of delivery. During this period, TNZ undertakes to remedy any defects in the delivered Products by repair or replacement delivery according to TNZ's own choice unless replacement delivery is stipulated in mandatory legal claims. Covering of costs in connection with defects under the Warranty TNZ's above-stated obligation shall only comprise TNZ's own costs of replacement delivery or repair of defect. A defect covered by the Warranty shall be referred to as a "Warranty Defect". Any other costs related to a Warranty Defect – including cost of labour and other costs associated with exposing defective parts or making them accessible – shall not be for the account of TNZ. In cases where the Buyer requests on-site repair of a Warranty Defector replacement of a Product subject to TNZ’s repair or replacement obligation, the assistance shall be provided free of charge with respect to materials but the Buyer shall be charged for the cost of transport, hours of labour, travel time and travel costs. If the Buyer carries out disassembly of defective parts and assembly of new ones as well as transport of parts to TNZ, this shall take place at the risk and expense of the Buyer. Freight costs shall be covered by TNZ to the original place of delivery.

Warranty conditions and limitations. The Warranty shall in any event be contingent upon the correct storage, installation, application and maintenance of the installed Products. The Warranty shall not cover defects arising during unwrapping or as a result of incorrect maintenance, incorrect installation, incorrect repair by the Buyer or a third party or modifications to the Products made without written approval from TNZ. The Warranty shall not cover wearing parts – including ballasts – and light sources, normal wear and tear and deterioration. The Buyer shall contact TNZ no later than 30 days after identification of a Warranty Defect with a description of such defect. Once this period has elapsed, the Buyer shall be deemed to have accepted the Products and shall have no further claim against TNZ under the Warranty. Except for the above, TNZ will have no further liability to the Buyer under the Warranty. This is the Buyer's sole remedy in respect of the products unless expressly stated elsewhere in these Terms. Except as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

13 Despatch

If not otherwise stated in our tender/quotation any times supplied for despatch run from receipt by us of a written order to proceed and all information and particulars we require to proceed to manufacture and/or supply. All such times are to be treated as estimates only and we shall not be liable for failure to despatch within such times unless otherwise agreed in writing. In all cases times for despatch shall be extended by reasonable periods for delays caused by you or by any other cause beyond our reasonable control. The Company will not accept liability or responsibility for circumstances due directly to war, strikes, lockouts or other causes beyond our control, including failure of suppliers to deliver the whole or any part of the goods.

14 Default in payment

If the buyer defaults in the due payment of the contract price or any instalment thereof, the Company without prejudice or any other right it has at law or in equity may suspend or terminate the contract and in the event of termination, the Company shall have the right to enter upon the premises where the products are situated and take possession and remove the same without being responsible for any damage thereby caused and the Company may resell such products and apply the proceeds in abatement of purchase price.

15 Property

Property in the goods shall pass from the Company to the buyer upon payment of the price.

16 Extra Costs

In the event of the suspension of the work by your instructions or lack of instructions, the Contract price may be increased to cover any extra expenses thereby incurred.

17 Transit Insurance

This tender/quotation does not include for any transit or war risk insurance. Any loss of equipment during transit from a Company Warehouse shall be your liability. In the event of any damage to the equipment in transit, the cost of repairing such damage shall be borne by you. We reserve the right to re-quote the price at which any replacement equipment will be supplied.

18 Arbitration

If at any time any question dispute or difference whatsoever shall arise between you and ourselves upon, in relation to, or in connection with the contract, either of us may give to the other notice in writing of the existence of such question, dispute or difference and the same shall thereupon by referred to the arbitration in New Zealand of a person to be mutually agreed upon.

19 Delivery and transfer of risk

Unless otherwise stated in this tender, all quotations are priced ex-store and risk is transferred to you at the ex-store date.

20 GST

This quotation is exclusive of GST. It is also exclusive of any other cost to us due to legislation which may be brought into force after the submission of the quotation or during the currency of the contract and any such added cost to us would be chargeable to your account in addition to the prices quoted.

21 Orders

Orders for the supply of goods from Overseas is binding on the buyer, after a confirmed order is received by the Company. No such order may be withdrawn by the buyer without written consent of the Company.

22 Returns

The Company will not accept any goods for return without the written consent of the Company. Indented goods are not returnable under any circumstances. In this quotation, the term “the Company” or “TNZ” refers to Targetti NZ Limited and the term “the Buyer” refers to the person, firm, company or corporate entity to whom the tender quotation is submitted or with whom the Company enters into a contract. Unless otherwise specifically agreed in writing between the parties, the law applicable to this contract shall be that for the time being in force in New Zealand and no other.