MARINE ELECTRICAL SOLUTIONS LIMITED
Terms of Trade
The Terms of Trade set out below govern all of the supplies of goods and services from Marine Electrical Solutions Limited (MESL, we, us) to the Customer (you). They will replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and your acceptance of any goods and services from us indicates your acceptance of these terms of trade. These terms of trade are effective from 20 June, 2004.
1. Quotations and prices
- Acceptance of a quotation constitutes an offer by you to MESL.
- The cost of any work requested to be completed outside these times will be payable by you at the appropriate penal rate over and above the quotation price unless previously agreed in writing.
- Where, at any time before delivery or performance of work in respect of the goods (whether before or after acceptance of any quotation) any increase occurs in any rate or cost of any item (including any change in exchange rate) relevant to or affecting the cost to MESL of performance of the contract, that increase may be added to the quotation as MESL from time to time deems appropriate.
- 1.4 All prices not subject to quotation are subject to alteration without notice.
- 1.5 You agree to pay goods and services tax and any other government duties, levies and taxes in respect of the goods and services.
- 1.6 All installations and service work is charged at MESLs rates ruling at the date the service is supplied unless otherwise agreed by MESL.
- 1.7 Any materials and equipment ordered on your behalf may be cancelled only if MESL agrees in writing to the cancellation and the order has not been processed.
2. Delivery and risk
- 2.1 You are responsible for risk in the goods ordered on your behalf from the earlier time they are received by a carrier for delivery to you, or the time they are received by you or your agent.
- Each delivery is a separate contract.
- 2.3 MESL retains ownership of any parts and equipment ordered on your behalf and received by you or your agent until MESL has received full payment for said parts and equipment.
- 2.4 We will make every effort to ensure delivery of goods, or performance of services, is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance.
3. Payment and property
- 3.1 Unless we have agreed in writing to extend credit to you in another manner, you must pay for all goods and services in full immediately on completion of the work.
- Your payment is made only when funds have fully cleared through the banking system into our bank account.
- 3.3 If you have not paid in full by the due date, we reserve the right to charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further goods or performance of further services until the account is paid.
- 3.4 Where you are in breach of any part of clauses 2 or 3 or this agreement MESL may enter your vessel or premises without further notice and remove any goods which are the property of MESL and you indemnify MESL against all costs and claims in respect to its exercise of rights under this clause.
- You agree that you will do all acts necessary and provide us on request all information we require to register a financing statement over the goods and their proceeds, and that you ill advise us immediately in writing of any changes to that information.
- 4.2 You agree that you will supply MESL within 2 business days of its written request, with copies of all security interests registered over your personal property, and you authorize MESL as your agent to request information from any secured party relating to any secured interest which is hold in any personal property which is or has been in your possession or control.
- 4.3 You agree that MESL at its option may require you to pay all reasonable costs, including legal costs on a solicitor client basis, associated with the discharge or amendment of any financing statement registered by MESL whether or not the change was initiated by you.
- We will not be obliged to re-supply any repossessed inventory.
- 4.5 You authorize us to search the Personal Property Securities Register at any time for any information about you or (if you are a company) your parent or associated companies.
5 MESL Warranties
- 5.1 Where the Consumer Guarantees Act applies to the supply of goods and services under these terms of trade, you may have additional rights under that Act.
- 5.2 MESL warrants that it will rectify any services provided which are accepted as defective, provided that you notify MESL in writing of any defect within 14 days of completion.
- 5.3 Where goods are subject to a manufacturers guarantee, MESL will pass on the benefit of that guarantee to you, without itself being directly liable to you, except where otherwise notified to you in writing.
- Where you require MESL to carry out the warranty service on site, you agree to pay MESL service and charge-out charges not covered by manufacturers warranty.
- 5.5 Any warranty may be voided by damage to or misuse of the installed equipment, negligent operation, unauthorized repairs or modifications by you or your agent.
6. Limitation of liability
- 6.1 MESL will not be liable for any losses of any kind or any delay in supplying goods or services which are caused by force majeure including (but not limited to) any acts of God, natural disaster, flood or earthquake, strike, lockout, fire, war civil commotion, network service failure, inability to obtain products or supplies including the imposition of any export or export bans, or any other cause beyond its reasonable control.
- Any incidental, indirect, special or consequential loss or damage even if MESL knew or should have known of the possibility of such damage arising out of or in relation to its performance or non-performance of this contract or the use or inability to use any goods or services provided under this contract. b. Any claims, demands or actions against you by any third party, even if MESL knew or should have known of the possibility of damages to that third party.
- 6.4 Subject to clause 5.1 any goods delivered by you to MESL for service or other reasons are held at your own risk while in our care, and we accept no liability for their loss or damage.
7. Personal information
- 7.1 You authorize any person or company to provide MESL with any information it may require in response to your application for credit.
8 General conditions
8.1 MESL reserves the right to change these terms of trade from time to time by notice to you in writing.
- 8.2 If MESL fails to enforce any terms or to exercise its rights under these terms of trade at any time, MESL has not waived those rights.
- 8.3 If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
- You agree that any dispute is subject to the exclusive jurisdiction of the New Zealand courts although MESL reserves the right to commence any proceedings against you in any other court.
By using this web site you agree to the terms and conditions as stated above.