Terms and Conditions of Trade

1.0 DEFINITIONS

1.1 “Hereafter “Papakura Joinery Limited trading as PK Joinery” shall be referred to as “the Company”. 

1.2 “Customer” shall mean the customer, any person acting on behalf of and with the 

authority of the customer, or any person purchasing goods from the Company. 

1.3 “Goods” shall mean goods, chattels, or services, provided by the Company to the 

customer. 

1.4 “Price” shall mean the cost of the goods as agreed between “the Company” and 

customer subject to clause 4 of this contract. 

2.0 ACCEPTANCE 

2.1 Any request for the supply of Goods, acceptance of a quotation, or confirmation of an order by the Customer, whether provided verbally, in writing or electronically, constitutes acceptance of these Terms and Conditions of Trade. 

3.0 USE OF INFORMATION 

3.1 The customer authorises the Company to collect, retain and use any information 

About the customer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods and services provided by the Company to any other party. 

3.2 The customer authorises the Company to disclose any information obtained to any person for the purposes set in 3.1. 

3.3 Where the customer is a natural person the authorities under clause 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 2020. 

3.4 Electronic Communications. The Customer agrees that the Company may provide quotations, order confirmations, invoices, statements, warranty information, notices and other communications electronically, including by email or through the Company’s customer management systems.  

4.0 PRICE 

4.1 Where no price is stated in writing or agreed verbally the goods shall be deemed to be sold at the current amount as such goods are sold by the Company at the time of contract. 

4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of the Company between the date of the contract and delivery of the goods. 

5.0 PAYMENT 

5.1 Except where otherwise agreed in writing payment for goods shall be made in full 

without deduction by way of two equal payments, the first being made on placing of 

an order with the Company for goods to the customer (“the due date”). 

5.2 Payment for goods shall be made in full on or before the 20th day of the month 

following the date of invoice, or on receipt of delivery of goods, whichever is earlier (“the due date”). 

5.3 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month. 

5.4 Any expenses, disbursements and legal costs incurred by the Company in the 

enforcement of any rights contained in this contract shall be paid by the customer, 

including any reasonable solicitor’s fees or debt collection agency fees. 

5.5 Receipt of cheque, bill of exchange, or other negotiable instrument shall not 

constitute payment until such negotiable instrument is paid in full. 

6.0 QUOTATION 

6.1 Where a quotation is given by the Company for goods: 

6.1.1 The quotation shall be valid for one month from the date of issue and 

6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically 

stated to the contrary. 

6.2 Where goods are required in addition to the quotation the customer agrees to pay for the additional cost of such goods. 

7.0 RISK 

7.1 The goods remain at the Company’s risk until the delivery to the customer, but 

when title passes to the customer pursuant to clause 9.1 of this contract the goods 

are at the customer’s risk whether delivery has been made or not. 

7.2 Delivery of goods shall be deemed when the Company gives possession of the 

goods for delivery to the customer, or possession of the goods is given to a 

common carrier, or other bailee for the purposes of transmission to the customer. 

7.3 The time agreed for delivery shall not be an essential term of this contract unless 

the customer gives written notice to the Company making time of the essence. 

7.4 Where the Company delivers goods to the customer by installments and the 

Company fails to deliver one or more installments the customer shall not have the right to claim compensation as a severable breach. 

8.0 AGENCY 

8.1 The customer authorises the Company to contract either as principal or agent for 

the provision of goods that are the matter of this contract. 

8.2 Where the Company enters into a contract of the type referred to in clause 8.1 it 

shall be read with and form part of this agreement and the customer agrees to pay 

any amounts due under that contract. 

9.0 TITLE 

9.1 If the goods are ascertained and in a deliverable state, title in the goods passes to 

the customer when the customer has made payment for all goods supplied by the 

Company. 

9.2 Where is the customer not paid for any goods in its possession property in such 

goods shall remain with the Company. 

9.2.1 The goods shall be held by the customer as bailee and 

9.2.2 If the goods are attached, fixed, or incorporated into any property of the customer, by way of any manufacturing or assembly process by the customer, or any third party, title of the goods shall remain with the Company until the customer has made payment for all goods, and where those goods are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall be deemed to be assigned to the Company as such security for the full satisfaction by the customer of the full amount owing between the Company and customer. 

9.3 The customer gives irrevocable authority to the Company to enter any premises, at any reasonable time, to remove any goods not paid for in full by the customer and the Company may in exercising its rights of repossession remove the goods by 

unscrewing, disconnecting, or severing any means of affixing without Company 

being liable for costs, damages or expenses or any other losses incurred by the 

customer or any third party as a result of this action, nor liable in contract or in tort or 

otherwise in any way whatsoever. 

10.0 RETURN OF GOODS 

10.1 The customer shall be deemed to have accepted the goods unless the customer 

notifies the Company otherwise within 48 hours of delivery of the goods to the 

customer. 

10.2 If the goods are not accepted according to clause 10.2 of this contract the customer shall pay for the delivery of the returned goods to the Company whereby the customer shall be entitled to a credit for the purchase price of any such goods. 

11.0 LIABILITY 

11.1 Except as otherwise provided by statute the Company shall not be liable for: 

11.1.1 Any loss or damage of any kind whatsoever whether suffered or incurred by the 

customer or another person whether such loss or damage arises-directly or 

indirectly from goods or services or advice provided by the Company to the 

customer and without limiting the generality of the foregoing of this clause the 

Company shall not be liable for any consequential loss or damage of any kind 

including without limitation any financial loss and 

11.1.2 Except as provided in this contract the Company shall not be liable in contract, or in tort, or otherwise for any loss, damage, or injury beyond the value of the goods 

provided by the Company to the customer and 

11.1.3 The customer shall indemnify the Company against all claims of any kind 

whatsoever however caused or arising and without limiting the generality of the 

foregoing of this clause whether caused or arising as a result of the negligence of 

the Company or otherwise, brought by any person in connection with any matter, act, omission, or error by the Company its agents or employees in connection with the 

goods. 

12.0 CONSUMER GUARANTEES ACT 

12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded 

where the customer acquires goods or services from the Company for the purpose 

of a business in terms of section 2 and 43 of the Act. 

13.0 WARRANTY 

13.1 No representation, condition, warranty or promise expressed or implied by law or 

otherwise applies to goods except where goods are supplied pursuant to the 

Consumer Guarantees Act 1993 or except where expressly stated in this contract. 

13.2 The Company does not provide any warranty that the goods are fit and suitable for the purpose which they are required by the customer and shall not be liable if they are not. 

13.3 Warranty coverage is subject to the terms and conditions contained in the Company’s current warranty document. Customers are also encouraged to follow the recommendations contained in the care and maintenance documents supplied with the Goods. 

14.0 CANCELLATION 

14.1 The Company shall, without any liability, and without any prejudice to any other 

right it has in law or equity, have the right by notice to suspend or cancel in whole 

or in part any contract for the supply of goods to the customer if the customer fails 

to pay any money owing after the due date or the customer commits an act of 

bankruptcy as defined in section 19 of the Insolvency Act 1967. 

14.2 Any cancellation or suspension under clause 15.1 of the agreement shall not affect the Company’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customers obligations 

to the Company under this contract. 

15.0 MISCELLANEOUS 

15.1 The customer shall not assign all or any of its rights or obligations under this 

contract without the written consent of the Company. 

15.2 The Company shall not be liable for delay or failure to perform its obligations if the cause of delay or failure is beyond its control. 

15.3 Failure by the Company to enforce any of the terms and conditions contained in 

this contract shall not be deemed to be a waiver of any of the rights or obligations the Company has under this contract. 

15.4 The law of New Zealand shall apply to this contract except to the extent expressly 

negative or varied by this contract. 

15.5 Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail. 

15.6 Any personal guarantee made by any third party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. 

The guarantors and customer shall be jointly and severally liable under the terms 

and conditions of this contract. 

15.7 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not 

be affected, prejudiced or impaired. 

15.8 The latest versions of the Company’s Privacy Policy, Warrant and other customer resources are available on the Company’s website.  

16.0 CONTRACTS ACT 

16.1 All invoices and payments are subject to the Construction Contracts Act 2002, where applicable.