NO SERVANT OR AGENT OF THE COMPANY OTHER THAN A DIRECTOR OF THE COMPANY HAS AUTHORITY TO BIND THE COMPANY TO A DEPARTURE FROM THE COMPANY'S CONDITIONS OF SALE OTHERWISE THAN IN WRITING ON A FORM OF QUOTATION OR ACKNOWLEDGEMENT OF ORDER CONTAINING THE COMPANY'S CONDITIONS OF SALE.
In these Conditions General Findings Limited (“the Company”) assumes the obligations of seller under any contract to which these Conditions are applied.
All prices quoted and invoiced by the Company are strictly net and are exclusive of GST which will be charged at the current rate at the time of delivery.
Unless otherwise agreed in writing payment for all goods sold or services performed by the Company shall be due on the 20th of the month after despatch of the goods by the Company or performance of services.
If any sum remains unpaid after the 20th of the month following that in which the goods or services to which it relates were despatched or performed the customer shall pay a surcharge of 2% of the unpaid sum for each month or part of a month during which it remains unpaid as aforesaid. Such surcharge shall be due for payment immediately on invoice by the Company and shall itself be liable to surcharge as above failing payment before the 20th of the month in which it is invoiced. The customer shall pay all legal and other costs incurred by the Company in recovering overdue sums for the customer. Such costs shall be due for payment immediately on invoice.
Without prejudice to such other rights and remedies as it shall have, the Company reserves the right, in the event of non-payment for goods sold or agreed to be sold by the Company, to sue for the price thereof.
An administration charge of $50 will be raised on any customer in the event of their cheque not being honoured by their bank or financial institution.
The Company will use its best endeavours to comply with any delivery date or period agreed with the customer, but shall be under no liability for any delay in delivery caused or contributed to by any fire, accident, breakdown, industrial dispute, difficulty in obtaining materials, war, force majeure or any other occurrence or circumstances whatsoever beyond the control of the Company.
4. QUOTATION/ PRICES:
The Company shall be entitled to withdraw any quotation at any time prior to acceptance by the customer. Unless otherwise stated in the quotation, every quotation, verbal or written, shall lapse unless accepted within 3 working days from the date on which it is provided to the customer.
The Company establishes each day by reference to the ruling market prices, selling prices for each metal according to the quantity and/or description of the metal or goods to be sold and the credit terms of sale. As such, prices are subject to change without notification.
The Company reserves the right to charge small orders at a higher rate.
The Company warrants that any goods sold or supplied hereunder (i) shall be free from defects in workmanship or material (ii)shall conform to any written specification expressly agreed by the Company to apply thereto and (iii) shall, in the case of precious metal conform to the usual purities accepted by the trade as standard.
Except as expressly provided by (a) above, all conditions and warranties, express or implied, as to the quality of any goods sold or their fitness for any particular purpose or their performance capability or otherwise and whether arising by law, custom or any course of dealing are hereby excluded, and the Company shall be under no liability whatsoever in respect of any loss, damage, liability or expense suffered or incurred by the customer as a result of or in connection with the sale or supply of any goods or the performance of any service by the Company even if suffered or incurred in consequence of the negligence of the Company or its servants agents or sub-contractors.
The Company's liability if any (whether in contract or in tort and including any liability involving negligence) shall in no circumstances exceed the price actually received by the Company for the goods or services in relation to which such liability shall have arisen.
Provided as follows:
(i) in the case of goods which are defective or at variance with specification the Company may at its option discharge such liability by repairing or replacing the goods free of charge;
(ii) the Company shall before replacing any goods under (i) above be entitled to the return of the goods which shall thereupon become the property of the Company;
(iii) the Company shall not in any circumstances be liable for incidental or consequential loss or damage;
(iv) the Company shall be discharged from all liability in respect of goods which are defective or at variance with specification unless written notice of the defect or variance from specification shall be given to the Company within 10 working days after delivery of the goods to the customer.
The Company shall (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the customer a general lien on all goods or property of the customer in the possession of the Company for whatever purpose and whether worked upon or not and shall be entitled on the expiration of not less than 14 days' notice in writing to the customer to dispose of such goods or property as the Company shall think fit and to apply the proceeds of such disposal, in or towards the satisfaction of such debts.
8. SET OFF:
The Company may at any time without notice to the customer set off any liability of the customer to the Company against any liability of the Company to the customer, whether the liability of the customer or the Company shall be actual or contingent primary or collateral or joint and several and whether expressed as a liability to pay money or liability to deliver or transfer metal (other than metal appropriated to the customer).
For the purpose of setting off a liability to pay money against a liability to deliver or transfer metal or a liability to deliver or transfer metal of one kind against a liability to deliver or transfer metal to another kind, the Company may at any time without notice to the customer convert any liability of the Company or the customer to deliver or transfer metal into a liability to pay the market value of the metal in New Zealand Dollars as at the date when the Company elects to make such conversion.
Without prejudice to any other available remedy the Company may, if the customer is in default in making any payment due to the Company (whether under the same contract or otherwise) suspend further transfer or delivery of goods or performance of services so long as such default continues or, at its option, cancel any outstanding order or the undelivered balance thereof, without any liability to the customer in respect of such suspension or cancellation.
the customer shall not be entitled to cancel any order placed with the Company or to require the Company to suspend or defer any delivery to the customer under any such order except with the written consent of the Company and upon such terms as the Company shall attach to such consent.
10. NO ASSIGNMENT:
No contract entered into by the customer with the Company and no liability of the Company to transfer or deliver goods to the customer shall be assigned by the customer without the written consent of the Company which the Company may give or withhold in its absolute discretion.
11. PROPERTY/ RISK/TRANSIT:
All goods sold by the Company shall remain the property of the Company until payment of the price in full, and the Company shall reserve the right to reclaim any of its goods unsold by the customer, (regardless of which invoices the goods appear on), against any amounts unpaid.
The goods shall be at the sole risk of the customer from the time at which they are delivered to the customer or carrier at the agreed place of delivery (whether the carriage is arranged or paid for by the Company or the customer).
Unless otherwise agreed in writing the agreed place of delivery shall be deemed to be the premises of the Company.
The Company shall not in any circumstances be liable for loss or damage to goods in transit to the customer unless:
(i) the Company has agreed to deliver the goods at a place other than the premises of the Company and the loss or damage occurs before the goods arrive at such a place; and
(ii) any damage or shortage is reported in writing to the Company and the carrier within seven days after delivery; and
(iii) in the case of a total loss the customer gives written notice to the Company of the non-arrival of the Company's invoice or statement.
Goods sold by the Company and returned by the customer to the Company shall be at the sole risk of the customer until such goods shall have come into the custody of the Company where (having regard to the nature of the goods and the reason for their return) the goods will be unpacked and or inspected. This paragraph shall apply notwithstanding that the goods shall come into the possession or custody of the Company at some earlier time, whether by collection or otherwise.
Unless otherwise agreed by the Company in writing, all tools, dies, patterns and other items made by the Company for the execution of the customer's orders shall remain the property of the company notwithstanding any charge made to the customer in respect thereof.
To the best of the Company's knowledge goods sold to the customer will not infringe any patent, trade mark, registered design or copyright of any third party but the Company shall in no circumstances be liable to the customer in respect of any such infringement.
Unless otherwise agreed in writing, goods are sold to manufacturing tolerances customarily accepted in the trade.
15. PROPER LAW:
Unless otherwise agreed in writing, any contract between the Company and the customer shall be governed by the laws of New Zealand.