Terms & Conditions of Sale

    1. In these terms and conditions the ‘Supplier’ means J H Brewster Ltd.
    2. All estimates for goods and services to be supplied by the Supplier are subject to these terms and conditions. The only circumstance where any variation to these terms and conditions will apply is where the Supplier has expressly agreed in writing to that variation.
    3. Cancellation or variation to an order will only be accepted if advised to the Supplier in writing. The Supplier will be entitled to invoice the Customer for all costs incurred by it as a result of cancellation or variation.
    1. Unless otherwise stated in writing by the Supplier:
      1. estimate will be open for acceptance for ten days from date of estimate unless otherwise stated
      2. estimates are based on current costs of labour and overheads and on latest estimate available from suppliers and subcontractors. Any increase in costs incurring after the date of expiry of the estimate will be charged to the Customer
      3. any drawings or details submitted by the Supplier with an estimate are for estimate purposes only and shall not form part of any contract and
      4. GST is to be added to the prices quoted unless otherwise stated.
    1. Unless otherwise required or agreed in writing by the Supplier, payment is to be made in full presentation of invoice. However, the Supplier reserves the right to require payment in cash on delivery if the Supplier is concerned about the Buyer’s ability to pay or if any order placed would exceed any agreed credit limit.
    2. The Customer may not deduct or withhold any amount (whether by way of set-off, counterclaim, retention or otherwise) from any money owing to the Supplier.
    3. If full payment for any goods is not made to the Supplier by the due date for payment, then the Customer shall be in default and the Customer shall at the Supplier’s discretion (and without affecting any other right the Supplier may have), pay default interest, both before and after judgement, on any amount outstanding at the rate including GST of 1.8% per month compounding. The charging of default interest shall in no way imply the granting or an extension of credit by the Supplier to the Customer.
    1. The Supplier will endeavour to meet agreed delivery or completion dates but will not be held liable for, nor may the Customer cancel any order, for late delivery or late completion.
    2. All claims for errors or short delivery must be made to the Supplier within seven days of delivery.
      1. Unless otherwise expressly stated in writing by the Supplier,
        1. prices quoted will not include the cost of delivery.
        2. Delivery will be deemed to have been made when the goods arrive at the delivery point agreed with the Customer.
        3. If the Customer or its authorised agent is not present at the delivery point when goods are delivered, delivery will be deemed to have been effected in any event.
        4. The Customer is responsible for ensuring at its own cost, that all agreed delivery sited have unloading facilities together with labour and/or mechanical means to unload the goods promptly and have suitable access and area for unloading.
        5. Any claims for goods damaged during unloading or damaged or lost in transit must be made to the Supplier within 24 hours of delivery.
    3. Where any estimate given to the Customer includes the cost of delivery
      1. The price quoted will cover only the usual methods of transportation used by the Supplier and delivery between the hours of 8.30am and 5.00pm Monday to Friday, excluding statutory holidays.
      2. The Supplier may, at the Customer’s request agree to arrange delivery by other means or at other times but will be entitled to charge the Customer for any additional cost it may incur.
    4. If the Customer fails or refuses to take delivery of any goods at an agreed delivery time, the Supplier may (without limiting any other right the Supplier may have) charge the Customer for any of the following expenses:
      1. Waiting time for delays by the Customer in unloading goods
      2. Handling charges for any unloading work carried out by the Supplier
      3. Storage, transportation, disposal of the goods or other additional expenses incurred in relation to the goods
  5. RISK
    1. All risks in, and responsibility for insuring goods supplied by the Supplier shall pass to the Customer on delivery.
    1. Title to any goods supplied by the Supplier shall not pass to the Customer until all amounts owing by the Supplier in respect of those goods and all other goods have been paid.
    2. The Customer agrees that until title passes to them or their Customer all goods supplied are held by the Customer for and on behalf of the Supplier as bailee and the Customer will store them in such a way that they are identifiable as the property of the Supplier.
    3. If the Customer wishes to resell any goods before title to them passes to the Customer, the Customer may do so only by way of bona fide sale in the ordinary course of business and the Customer shall hold the proceeds of such on trust for the Supplier and shall account to the Supplier for such proceeds.
    1. The Supplier will endeavour to pass on to the Customer, the benefit of any manufacturer’s warranties relating to component parts of goods.
    2. Except for such guarantees as cannot be excluded by virtue of the Consumer Guarantees Act 1993, all warranties, descriptions, representations or conditions whether implied by law, trade custom or otherwise, are, and all other liability of the Supplier whether in tort (including negligence) contract or otherwise is expressly excluded to the fullest extent permitted by law. The guarantees implied by the Consumer Guarantees Act 1993 are expressly excluded where the Customer is acquiring goods or services for the purposes of a business.
    3. In any event, the total liability of the Supplier whether in tort (including negligence) contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect in goods or services supplied by the Supplier or any other breach of the Supplier’s obligations shall in any case be limited at the Supplier’s options, except where statute expressly required otherwise, to the lesser of the purchase price of the goods complained of, the cost of repairing or replacing the defective goods or workmanship or the actual loss or damage suffered by the Customer. The Supplier shall not be liable for any consequential, indirect or special damage, loss terms of the policy. The Vendors insurers being ‘NZI Insurance NZ Ltd’.
    4. While the Supplier will make every effort to ensure the accuracy of any advice, recommendation, information, assistance or service provided by the Supplier in relation to the goods or services supplied by the Supplier or their use or application, the Supplier does not accept any liability or responsibility in respect thereof.
    5. On completion, the installation will be commissioned, test run and left in a fully operational condition. The warranty is a fully comprehensive one and covered by twelve (12) months free service from the commissioning of the first appliance, subject to the terms hereof: Products supplied by others in relation to this contract that are found to be faulty and are not fit for the purpose for which they were intended, are outside the jurisdiction of our specified warranty. The purchaser shall promptly notify the Vendor in writing within one (1) year of any defective part. The Vendor shall renew or repair the part at his own discretion. The Vendor shall not be liable for damage due to misuse. No allowance will be made by the Vendor for any repairs or alterations made by the Purchaser without written consent.
    1. In the event that:
      1. Any amount payable by the Customer to the Supplier is overdue, or the Customer fails to meet any other obligation to the Supplier, or in the Suppliers opinion the Customer is likely to be unable to meet its payment o other obligations to the Supplier, or
      2. The Customer becomes insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make an arrangement with its creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management then without limiting any others right of the Supplier: (1) the Supplier shall be entitled to cancel all or any part of any contract or contracts with the Customer which remains unperformed, and (2) all amounts outstanding under any contract with the Supplier shall whether or not due for payment immediately become due and payable, and (3) the Supplier shall be entitled to reclaim any goods it has supplied which are in the Customer’s possession or control and to dispose of them for its own benefit and for the Supplier shall be entitled, without notice to enter directly or by its agents on any premises where it believes goods which it has supplied may be stored, without in any way being liable to any person, and (4) upon the Customer accepting supply of goods and services from the Supplier it shall be deemed that the Customer has accepted the Terms and Conditions of Sale herewith and the Customer will fulfil any obligations entrusted upon any such acceptance being met by the Supplier.
    1. The Customer shall be responsible for disposing at its own cost, of all material used in the packaging or delivery of goods supplied by the Supplier.
    2. If at any time the Supplier does not enforce any of these terms and conditions or grants the Customer time or other indulgence, the Supplier shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.
    3. Where any provision of these terms and conditions is rendered void, unenforceable or otherwise ineffective by operation of law that shall not affect the enforceability or effectiveness of any other provision.
  10. CLAIMS
    1. If an order is correctly executed a return may be accepted at the seller’s option. Consent by the company must be in writing. A return charge calculated at 10% of the value of the goods may be made to cover clerical and other expenses, and the Purchaser shall pay any delivery or insurance charges applicable.
    2. All claims and requests for credit must be made within 7 days of invoicing. In each case the relevant invoice numbers must be quoted.
    3. Goods are supplied subject to all conditions, warranties and limitations implied by law, provided however that the extent of the Company’s liability shall be to replacement of faulty materials only.
    4. It is expressly agreed that the Company is not to be liable for any damage consequential on or resulting from any goods found defective or in any way unsuitable.
    5. When supplying products outside the Company’s general range and manufactured specifically to the Buyer’s specification or other requirements, the Company reserves the right to deliver up to 10% over or under the quantity so ordered.
    6. Except as set our in clause 7.2, nothing in these terms and conditions will affect the Customer’s rights under the Consumer Guarantees Act 1993 where the Customer is a consumer (as defined in that Act).