Seal-A-Fridge New Zealand – Terms and Conditions

Definitions

• CGA: Refers to the Consumer Guarantees Act 1993 (NZ).

• Agreement or Terms: These general terms and conditions, including the Quote.

• Companies Act: Refers to the Companies Act 1993 (NZ), as amended.

• GST: Goods and Services Tax as defined in the Goods and Services Tax Act 1985 (NZ).

• Insolvency Event: Includes events such as liquidation, administration, or inability to pay debts as they fall due, as defined under the Insolvency Act 2006 (NZ).

• Premises: The location where the Services are to be provided.

• Price: The amount payable by the Customer to the Supplier as stated in the Quote or varied pursuant to this Agreement.

• Quote: The written document provided by the Supplier to the Customer, detailing the Services to be performed and the associated Price.

• Service Date: The date on which the Services are to be provided by the Supplier.

• Services: The services purchased by the Customer from the Supplier as specified in the Quote.

• Region: The region in New Zealand where the Premises are located.

1. Supply of Services

The Customer agrees to engage the Supplier to provide the Services in accordance with this Agreement. This Agreement applies to all Services supplied by the Supplier to the Customer unless otherwise agreed in writing.

2. Quote Becomes Agreement

By accepting the Quote or engaging the Supplier after receiving the Quote, the Customer offers to enter into this Agreement on the conditions contained in the Quote and these Terms. This Agreement is formed upon the Supplier’s written acceptance or commencement of the Services.

3. Payment

Unless otherwise agreed, the full Price is due immediately upon completion of the Services. If an account has been set up and payment is not made by the due date, or payment is dishonoured, the Customer must pay interest at a rate of 14% per annum until the account is paid in full, in addition to all costs associated with debt recovery, including legal fees.

4. GST

Unless otherwise stated, the Price is exclusive of GST. The Customer must pay the GST amount at the same time and on the same basis as the Price.

5. Delivery of Services

Any period or date for the provision of the Services is an estimate only. The Supplier will use reasonable endeavours to meet any estimated dates but is not liable for any loss or damage due to delays. If the Supplier cannot complete the Services by the estimated date, they will complete them within a reasonable time.

6. Warranties

Under the CGA, certain guarantees apply to the supply of Services. The Supplier acknowledges that nothing in this Agreement purports to modify or exclude these guarantees. In addition to the CGA guarantees, the Supplier agrees that the Services will be provided:

• In compliance with applicable New Zealand laws;

• To the standard of a prudent and experienced provider;

• With due care and skill;

• In accordance with the Customer’s reasonable directions and standards.

The Supplier warrants the Services for 12 months for domestic applications and 3 months for commercial applications. If the Customer is a consumer under the CGA, the Supplier’s liability is limited, at the Customer’s option, to resupplying the Services or paying the cost of having the Services supplied again.

7. Default and Termination

An event of default includes:

• The Customer undergoing an Insolvency Event;

• Breach of this Agreement by the Customer not remedied within 7 days of notice;

• Significant changes in the Customer’s business structure without the Supplier’s consent.

Upon default, the Supplier may terminate this Agreement immediately. The Customer must pay all costs incurred by the Supplier due to the default, including legal costs. Termination does not affect rights accrued up to the date of termination.Wikipedia+12Home+12Companies Register+12

8. Severability

If any provision of these Terms is unenforceable, it shall be severed to the extent necessary to make the remaining Terms enforceable, unless this alters the Agreement’s intended effect.

9. Assignment

The Supplier may subcontract or assign its rights and obligations under this Agreement without the Customer’s consent. The Supplier remains responsible for the Services’ quality. The Customer may not assign its rights or obligations without the Supplier’s written consent.

10. Variation

Any variation to the Services requested by the Customer becomes part of this Agreement upon the Supplier’s acceptance, including any change in Price.

11. Entire Agreement

These Terms constitute the entire agreement between the Supplier and the Customer, superseding all prior agreements and understandings.

12. Waiver

A waiver of any right under this Agreement must be in writing. A failure or delay in exercising a right does not constitute a waiver.

13. Governing Law

This Agreement is governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of New Zealand courts.

14. Force Majeure

The Supplier is not liable for any failure to perform its obligations due to events beyond its reasonable control, including natural disasters, strikes, or government actions. If such an event occurs, the Supplier may suspend or terminate the Agreement by written notice to the Customer.