No one likes the small print. While it might feel a bit time-consuming to read the fine print, we do believe it is the best way to manage expectations and avoid any surprises. Our terms of trade set out what we will deliver to you and what we expect from you. The last thing we want is a mismatch in understanding and a poor outcome for you, the homeowner.

We believe in providing great service and we take pride in our standards. The terms of trade below serve as the criteria for all of the work we carry out. These terms override any agreements made in person, over the telephone, or in any other communication.

When you ask The Glass Shoppe to carry out work on your behalf, you agree to uphold your obligations under these terms of trade. If you have any questions please contact us on by phone or email. If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. If you do not give us feedback or if you delay payment, it makes it difficult for us to put things right.

We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after, as much – if not more- than you do.

You can contact us the following ways:

Phone: (04)570-1596

Email: admin@thegs.co.nz

 

Our Charges:

Glazier: $90.00 per hour

Apprentice: $70.00 per hour

Minimum Charge: $250.00

Vehicle Service Charge: $50.00-$70.00

After Hours/Emergency Callout Fee: $220.00

We offer a Gold Card Discount of 10% unless a quoted price has been

supplied. All prices are GST exclusive.

 

Stuff thats good to know

• Our putty must have skinned prior to painting. Any sign of oil on the surface must be removed with methylated spirits before painting, otherwise the paint will craze.

Summer Drying Range (temperatures over 16 °C)

Allow 1-3 days before painting with water-based paint

Allow 7-10 days before painting with oil-based paint

Winter Drying Range (temperatures under 16 °C)

Allow 3-7 days before painting with water-based paint

Allow 10-14 days before painting with and oil-based paint.

• While we have a good strike rate of fixing existing leaks, we are unable to guarantee any attempt to cure them given the nature of leaks.

• When handling your own glass, we will do it with all care but will take no responsibility over it. This is because we cannot be sure of the glass type, quality, or condition of your own glass- this includes cutting holes in your glass for extractor fans and pet doors.

• When removing aluminium beading and putty, it is not uncommon for there to be minor scratches or dents in the frame. 99% of time you’ll never notice them. If they do bother you, they are easily concealed with an aerosol touch-up paint available from your local hardware store.

• Most glass repairs can be completed from the exterior of the building, we know everyone is busy so we are happy to complete work without access to the inside but in some cases, we will not be able to reach in to clean up so the job may not be left as clean as we would like.

BLUNDERS (^#?%!*#!>) We make them – who doesn’t? But we will cheerfully correct them if the fault is ours. Please don’t let an error go unnoticed, even call us direct. We want an early opportunity to make right any mistakes that may occur.

 

The Glass Shoppe Limited

Thank you for choosing us.

Please read the terms of trade listed below. You can accept these terms by clicking on the link in the email that this document was attached to. These terms need to be accepted before we begin work at your property.

1. Application of Terms of Trade

1.1….These terms apply to all trade between all customers and The Glass Shoppe Limited These terms are effective from the above date until these terms of trade are replaced by another document. Unless the context requires otherwise, the following definitions shall apply to these terms of trade.
2. Definitions : Unless the context requires otherwise, the following definitions shall apply to these terms of trade:
2.1…. The Glass Shoppe means ‘The Company Limited’ and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies. “Customer” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer’s trustees, executors [if an individual or successors], permitted assigns, and/or administrators.
2.2….“Goods” means the goods supplied to the Customer by The Glass Shoppe which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by The Glass Shoppe in respect of the goods.
2.3….“PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.

After Hours Call Out Fee
We define our normal hours of business from 8.30am-5.00pm Monday to Friday. Work done outside of these hours is subject to an after hours call out fee. A call out fee is a one-off charge. We have to cover the cost of the administration for your job. Vehicle Service Fee Parking Permits /Paid

If in the course of undertaking work for you, we are required to pay for parking or any other vehicle travel costs, these will be passed on to you.

Additional Travel to the Job Site
We allow up to 30 minutes travel time to your site. This cost is covered in the call-out fee. If we take longer than 30 minutes to travel to your job, the cost of this additional travel time may be charged to you.

Additional Travel Back to Office/Workshop
In some circumstances, if your property is located outside of normal travel routes, you may be charged for the time it takes for the tradespeople to travel back to the office/workshop. If it is more than 30 minutes, you may be charged for the extra time it takes the tradespeople to reach their destination. We as a firm, believe that it is good practice to pay the tradespeople when they are travelling for more than 30 minutes. The exception to this is normal travel to and from home in peak motorway traffic. This condition usually applies to work outside of the city.

After Hours Work
If, in the course of a job, you ask us to do work which falls outside of normal working hours, we will have to charge you additional fees. If it has been arranged as a call-out, call-out fees will be applied. If not, additional fees will be applied to cover the overtime rates.

Cancellations/Rescheduling Appointments
•We are always happy to reschedule an appointment free of charge.
•If you need to cancel your appointment, please provide us with at least 24 hours notice.
•A cancellation fee may apply to appointments that are cancelled within 24 hours of your appointment.

Quotes
•All quotes are subject to change upon a final site inspection. You will be notified of any change prior to works commencing.
•Any additional labour and/or materials required to complete quoted works up to customer satisfaction may be added to the final invoice.
•Any materials required which are unspecified in the quote may be added as a chargeable extra to the final invoice Payment
•For call-out jobs and emergency jobs and any works totalling under $500.00, payment is due when the work is complete, unless we have made other arrangements. If you are unable to pay upon completion of the work an invoice can be arranged, but may incur an administration fee. If you have been sent an invoice, payment is due as per the payment date on the invoice.
•Once your job is complete, you will be sent a final invoice by email.
•Please let us know before work commences if you would prefer an invoice to be mailed to you, as our default communication is email.

Deposits
• Some jobs will require a deposit before work commences
• If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely, if payment is late or delayed. If access has been arranged prior to commencement of works and is not adhered to by homeowner, tenant or body corp a minimum fee of $155.00 and not exceeding $2,000 can be charged, determined by whether alternative work can be found at short notice.

Progress Invoices
• Progress invoices are claims for work done on site, before the entire job is completed. This covers labour and materials for work done to date. The cost of materials and the amount of time spent on your job will dictate whether you will be sent progress invoices.
• As part of our agreement, you accept to pay these progress invoices when they are due. You understand that you cannot withhold payment for any reason.
• If for any reason work has paused on your job, you can request an invoice to settle the account by calling the office.
• We reserve the right to stop work if progress payments have not been made.
Non-Standard Products:
• Once production has started on materials any cancellation of the work will not negate these costs.
• It is the customers responsibility to provide The Glass Shoppe with the specific colour and finish for any tinting, painting or powder coating. If this is or cannot be provided we will attempt to colour match however hold no responsibility over the finished product provided it is completed to our professional standards

Discounts
• Discounts applied to your account are administered at our discretion.
• Discounts may be revoked and the full amount may be charged to you if an invoice remains unpaid for more than 20 days or any other agreed date.

Disputed Invoices
• If you need to discuss any aspect of payment, please contact us immediately.
• If you are dissatisfied with the invoice, it is your responsibility to contact us immediately.

Unpaid Accounts
• If payment remains outstanding for over 7 days from the invoice due date a late fee of $25.00 may be added to your account at our discretion.
• We reserve the right to charge 2% compounding interest on a monthly basis for overdue accounts.
• Debt Collection costs may be added to invoices that remain outstanding for over 20 days from the due date.

2.4….“PPSR” means the Personal Property Securities Register under the PPSA.
3. Payment
3.1….The Customer shall pay in full for the goods and services no later than the date specified on the Company’s invoice. The Customer shall not have any right of set-off or deduction against the required payment or on account of any money which The Glass Shoppe may owe the Customer. If the Customer fails to pay the full amount due, on or before the due date The Glass Shoppe (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest on the amount outstanding from
due date until payment.
3.2….The price for the goods and services supplied by The Glass Shoppe shall become immediately payable, regardless of any other terms of payment, and The Glass Shoppe may take immediate action to recover the price. This includes if the Customer is in default under any agreement with The Glass Shoppe or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors’ composition, or has its credit standing impaired in any way.
4. Withdrawal of Credit
4.1…. The Glass Shoppe may at any time, in its sole discretion, withdraw the provision of credit to the Customer.
5. Delivery and Return
5.1….Delivery of goods shall be deemed to be made to the Customer when the goods are first dispatched from The Glass Shoppe premises or collected by the Customer or the Customer’s agent. All carriers of goods are deemed to be agents of the Customer.
5.2…. The Glass Shoppe may stop future deliveries until the Customer has paid for all previous supplies of goods or services supplied The Glass Shoppe
(whether payment is due or not).
5.3….If The Glass Shoppe is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) The Glass Shoppe may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer.
5.4….Goods will only be accepted for return with the prior approval of The Glass Shoppe. Freight and all other costs associated with the return of goods will be at the Customer’s expense unless otherwise agreed in writing by The Glass Shoppe.
6. Risk
6.1….Goods are at the sole risk of the Customer upon delivery in accordance with clause 4.1 whether received by the Customer or not. This also includes a delay in delivery, even if ownership of the goods has not been passed on to the Customer.
6.2….The Customer shall at all times insure the goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods, and to immediately pay the proceeds received to The Glass Shoppe The Customer will remain liable to The Company for any shortfall in the insurance proceeds.
7. Ownership
7.1….Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not paid for shall belong to The Company.
7.2….Notwithstanding the provisions of clause 6.1 regarding The Glass Shoppe ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the goods to any other person.
8. Enforcement and PPSA
8.1….The Customer irrevocably gives The Glass Shoppe and its agents the right to enter upon the Customer’s premises (including leased premises), without giving notice and without being in any way liable to the Customer, if The Glass Shoppe has cause to exercise any rights it has under section 109 of
the PPSA.
8.2….The Customer indemnifies The Glass Shoppe for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the customer may be liable for, on top of the outstanding debt.
8.3….The Customer waives its right under the PPSA to receive any verification statement from The Glass Shoppe
8.4….The Customer shall immediately notify The Glass Shoppe in the event that the Customer changes its name.
9. Representations, Warranties, Terms and Conditions
9.1….To the maximum extent permitted by law, all representations,
warranties, terms, and conditions (including any representation, warranty, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between The Glass Shoppe and the Customer.
Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of goods or services by The Glass Shoppe to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the goods or services for the purposes of a business.
9.2…. If The Glass Shoppe shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including
negligence or for personal injury) or otherwise and notwithstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser.
9.3….Under no circumstances will The Glass Shoppe be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.
10. Privacy
10.1…. The Customer agrees that The Glass Shoppe may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of The Glass Shoppe business, including credit assessment and debt collecting. The Customer consents to any person providing The Glass Shoppe with such information.
10.2….The Customer agrees that The Glass Shoppe may use, for lawful purposes, any information it has about the Customer relating to the Customer’s creditworthiness.
10.3….Without limiting the provisions of clauses 9.1 and 9.2, the Customer understands that:
a) The Glass Shoppe is asking the Customer for personal information about the Customer for the purpose of: i. obtaining a credit report on the Customer to help assess the Customer’s creditworthiness for the purpose of The Glass Shoppe opening or reviewing a trading account for the Customer, and. ii. registering the security interest created by clause 6.1 under the PPSA;
b) The Glass Shoppe will give the Customer’s personal information to: i. a credit checking bureau of The Company’s choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and ii. the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA;
c) The credit reporting bureau will provide The Glass Shoppe with information about the Customer for the purposes outlined in clause 9.3(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those
customers too.
d) The Company may use the credit checking bureau’s credit reporting
services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes.
e) If the Customer defaults in the Customer’s payment obligations to The Glass Shoppe, information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer.
f) The Customer has a right of access to, and may request correction of, personal information held by The Glass Shoppe or a third party about the Customer. For those purposes, the Customer understands that he or she may contact The Glass Shoppe at the address set out in the application for credit account to which these terms of trade relate, for information.

11. Amendment
11.1….The Glass Shoppe may amend these terms of trade from time to time.
The Customer shall in respect of the supply of any particular goods or services by The Glass Shoppe to the Customer be bound by the terms of trade
applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request at the local branch office of The Glass Shoppe.

12. General
12.1….Unless expressly provided otherwise in any written agreement between The Glass Shoppe and the Customer, these terms of trade, and the
application for credit account to which these terms of trade relate, constitute the entire agreement between The Glass Shoppe and the Customer relating to the supply of goods and services by The Glass Shoppe to the Customer.
12.2….Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.
12.3….These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of the Country you reside in. The Glass Shoppe and the Customer shall submit to the non-exclusive jurisdiction of the Courts in your Country.

GENERAL TERMS OF TRADE

These General Terms of Trade apply broadly to all transactions between us. Documents issued by us in regards to a transaction will identify, if necessary, special terms and conditions. Interpretation “Good faith” means honesty in fact in the conduct or transaction concerned and is a notion that is extended to include negotiations precedent or subsequent to this agreement. “Business Day” means any day other than a Saturday,
Sunday, or public holiday. Time is of the essence as it pertains to the performance of its respective obligation under this Agreement and the
transaction contemplated and is a primary consideration when interpreting the reasonableness of time in a particular situation. Reasonable Time.
Whenever the Agreement between us requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by our consent. What is reasonable time for taking any action depends on the nature, purpose and circumstances of such action. Description of the Parties We are the “Seller”, that is, the person who sells or contracts to sell goods or services. You are the “Buyer”, that is, the person who buys or contracts under authority of another, whether expressly or impliedly, to buy goods or services. “Guarantor” means that person who has furnished, under a separate agreement, an undertaking in favour of us stating that your performance under this Agreement will be discharged to the our full satisfaction. There is no obligation imposed upon us to keep a Guarantor or Guarantors, as may be required from time to time, informed as to your performance or non-performance hereunder. The Subject Matter to be Supplied “Goods” means those things which are moveable and have been identified or referenced in some way by the Parties and are for use primarily in the commercial context, including certificates or coupons exchangeable for such goods, and including goods, which at the time of sale or
subsequently, are to be affixed to real property whether or not severable therefrom. Goods must be both existing and identified before any interest in them can pass. “Services” means work, skill, labour and services, including, but not limited to, services furnished in connection with repair, alteration, or improvement of a premises, or services furnished in connection with the sale or repair of goods. The supply of services may be based upon a supply of goods component or vice versa. The transactions contemplated hereunder may be for the supply of goods or services or may be some combination of both. Payment 1. The buyer must pay the price indicated on the invoice for the goods or services issued by the seller. Any price estimate or quote made by the seller or any agent or employee of the seller or contained in advertisements, catalogues, price lists or other similar matter, is not binding on the seller and the buyer accepts and acknowledges that the price of the goods and services will be that as set out in the seller’s invoice. However, if the buyer satisfies the seller that the price on the invoice is an error then the seller will reissue the invoice showing the correct price. 2. The seller reserves the right, on giving prior written notice to the buyer, to vary the price of the goods or services ordered by the buyer, between the date of the buyer’s order and the date of delivery to take account of things such as (but without limitation): (a) any increase in labour costs, costs of materials or services; (b) change in exchange rates. 3. The seller’s prices are quoted exclusive of taxes, duties and other imposts which, if chargeable, are payable by the buyer whether they are imposed or brought into force before or after acceptance of the buyer’s order. 4. The seller may charge the buyer a handling fee as may from time to time be specified in the seller’s price lists. Such handling fees will be shown on the invoice for the goods or services. 5. The buyer agrees to pay on demand all costs (including, without limitation, legal fees as between solicitor and own client) incurred by the seller or the seller’s agents relating to the recovery of any amounts payable by the buyer to the seller under the agreement. 6. Without prejudice to any other remedies the seller may have for any overdue payment, the seller may charge on a daily basis to the buyer interest at a rate equal to 5% per annum over the seller’s principal banker’s overdraft rate from time to time, from the due date for payment until the overdue amounts are paid. Interest will accrue after as well as before judgment which the seller may obtain against the buyer. 7. All payments by the buyer must be made in full without any deduction or right of set off or counter claim. 8. Without prejudice to any other remedies which the seller might have: (a) failure by the buyer to pay for goods in accordance with the agreement; or (b) failure by the buyer to otherwise comply with the terms of the agreement; or (c) if the seller deems the buyer’s credit to be unsatisfactory, will entitle the seller to cease supply of future goods or services to the buyer and cancel any current orders for sale of goods. Upon such cancellation and without prejudice to any other remedies which the seller might have, all credit in favour of the buyer will cease and all payments outstanding will become immediately due and payable to the seller. The seller may also take possession of such item of goods and otherwise exercise in relation to the goods any of its rights whether those rights are as owner and/or unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute or in any other way. 9. In accepting any payments from the buyer, the seller will not be bound by any conditions or qualifications or terms which the buyer may have attached to those
payments. Delivery 1. Delivery is deemed to be made: (a) when the buyer or the buyer’s agent is given possession of the goods at the seller’s premises or elsewhere (loading is then at the buyer’s risk); or (b) when the goods arrive at the buyer’s premises (unloading is then at the buyer’s risk); whichever is the earlier. 2. On delivery: (a) the goods are at the buyer’s sole risk; and (b) insurance is the buyer’s responsibility. 3. The seller will choose the carrier and method of transportation of the goods, unless otherwise agreed in writing by the seller. The seller will dispatch the buyer’s order for goods in one delivery or by instalments (where the seller accepts an order which provides for delivery by instalments). Failure to deliver any instalment will not entitle the buyer to refuse to accept delivery or any remaining instalments. 4. Where the buyer requests a particular method of delivery and if the seller agrees (in writing) then the buyer will cover the cost of delivery by that method from the point of dispatch of the goods or service by the seller. 5. Any quotations of delivery times agreed by the seller are made in good faith but are estimates and not commitments and no delay in delivery will entitle the buyer to refuse to accept delivery or cancel its order. Shortages Liability for shortages in the quantity of the goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the buyer gives written notification of the shortage in writing within seven days of the delivery and gives the seller reasonable opportunity to take all necessary steps to investigate the claim. Retention of Title 1. It is expressly agreed that ownership is reserved and legal and equitable title to and property in all goods supplied by the seller is and remains vested in the seller until payment in full has been received by the seller in respect of such goods and all other moneys owing by the buyer to the seller. 2. Until the buyer has paid the seller in full for the goods the buyer must not sell (unless such sale is in the ordinary course of the buyer’s business), dispose of, do anything that would render the goods liable to be seized or distrained and must not grant a security interest or lien over the goods. However, if the goods sold in the ordinary course of the buyer’s business, the buyer must, if the buyer has not already paid the seller for the goods, hold the proceeds of sale of such goods on trust for the seller and separate from the buyer’s own money and immediately pay such proceeds
to the seller on request. 3. Unless the buyer has sold the goods in the ordinary course of its business, the buyer will store the goods in such a way that it is GENERAL TERMS OF TRADE clearly identified as the property of the seller and keep the goods in good order and condition. 4. For the purpose set out in clause 9 or for the purposes of inspecting each item of goods or ensuing due compliance by the buyer with the provisions of the agreement the seller and its agents are irrevocably authorised to enter any premises where the seller believes the goods may be, which may include the premises of any other party. The buyer will indemnify the seller on demand in respect of any cost or liability incurred by the seller in exercising its rights under this clause. Seller’s Liability and Maintenance Guarantee 1. The buyer acknowledges that it must rely upon its own judgment as to the nature, quality and condition of the goods supplied by the seller and as to their sufficiency for any use or purpose and the buyer acknowledges that the seller is under no duty to ascertain the suitability of the goods for any purpose whatsoever and that no such
representation has been made by the seller. 2. In the case of goods not manufactured by the seller, the buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the
manufacturer of the goods. The seller will not be liable for consequential or other damages. 3. Any warranties expressed or implied by law or statute, in respect of the goods whether in respect of quality, fitness for intended purposes or otherwise, are excluded to the extent that such law or statutes permits exclusion. 4. If the goods are manufactured by the seller and if the seller is otherwise ever liable to the buyer, the liability of the seller, arising from any defect or non-compliance of the goods is, subject to the Consumer
Guarantees Act 1993, limited to the replacement or repair of the goods within the guarantee period if stated by the seller, or otherwise within 12 months of the date of delivery of the goods provided that the liability of the seller is in all cases limited to the amount of the invoice price of the goods. At the termination of the relevant guarantee period all lability on the seller’s part ceases. 5. The liability of the seller under clause 4 does not cover: (a) any defect caused or contributed to by the buyer; or (b) any attempt to repair the defective goods, where such repair is done by any person or persons not authorised by the seller to make repairs. 6. If the seller elects to replace any defective goods, the buyer will be responsible at its cost and at its risk for shipment of the defective goods to the seller’s premises. 7. The seller’s liability under clause 4 is for the benefit of the buyer only and the seller has no liability to any purchaser of the goods from the buyer. The buyer will indemnify the seller against any claims by the buyer’s employees, agents, purchasers or other persons in respect of any loss, damage or injury arising from any defect or non-compliance of the goods. 8. If the buyer is acquiring the goods for the purposes of a business, then all the guarantees and remedies in the
Consumer Guarantees Act 1993 are excluded. Personal Property Securities Act 1. The buyer grants to the seller a security interest in the goods and the proceeds of the goods and the buyer acknowledges that the agreement
creates a purchase money security interest in the goods and the proceeds of the goods. The buyer will, if the seller requests, sign any documents (including any new agreements), provide all necessary information and do anything else required by the seller to ensure that the seller’s purchase money security interest is a perfected security interest. 2. The buyer will not enter into any security agreement that permits any other person to register any security interest in respect of the goods or the proceeds. 3. If the goods are for the buyer’s business use the buyer agrees, to the extent Part 9 of the PPSA applies, that it will have no rights under Part 9 (Enforcement) of the PPSA. For example, but without limitation: (a) the buyer will have no rights under sections 114(1)(a) (to receive a notice of sale), section 117(1)(c) (relating to distribution of surplus), and section 133 (reinstating the agreement); (b) the buyer waives its rights under section 116 (to receive statement of account), section 119 (to recover surplus) and sections 120(2) and 121 (to receive notice of any proposal to retain the goods and object to any proposal). 4.
The buyer waives its right under the PPSA to receive a copy of any verification statement or financing change statement. 5. The buyer agrees that where the seller has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply. 6. For the purpose of this clause “PPSA” means the
Personal Property Securities Act 1999. 7. The expressions “personal property”, “purchase money security interest”, “security agreement”, “security interest”, “perfected security interest”, “verification statement” and “financing change statement” have the meanings given to them under, or in the context of the PPSA. General 1. The seller may, and the buyer may not, vary or replace the agreement and it will be a condition of the seller continuing to supply goods to the buyer that the buyer agrees to sign any variation or replacement of the agreement if required by the seller. 2. To be effective, any waiver of any or all of the terms and conditions in the agreement by the seller must be in writing. 3. The buyer may not assign all or any of its rights or obligations under the agreement without the prior written consent of the seller. 4. The seller is not bound, unless otherwise stated in the agreement, by any error or omission on any invoice, order form or other document or statement issued by the seller. 5. Where the seller has rights and remedies at law or otherwise in addition to the rights set out in the agreement, those rights and remedies will continue to apply. Access The buyer irrevocably permits the seller or any person authorised by the seller in writing, upon giving reasonable notice to enter any premises where the goods are reasonably believed to be held. The buyer also agrees to indemnify and hold the seller harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of goods the subject of this Agreement. The effects of statutory provisions Nothing in this provision purports to operate to exclude statutory provisions where it is an offence to do so or if it renders these terms and conditions invalid. Notices Notices, demands, or requests provided for or permitted to be given must, at all times, be in writing and may be given to the address identified on the most recent transaction document by— • Personal Delivery • Express or Registered Post with delivery confirmation • Facsimile Transmission with receipt confirmation Privacy Act and Credit Information The buyer and the Guarantor jointly and severally acknowledge and agree that the seller is authorised to make approaches to any credit reporting agency to obtain a report about the creditworthiness of either the Buyer or the Guarantor or both. The buyer and the Guarantor jointly and severally authorise the seller to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto. The buyer and the Guarantor jointly and severally acknowledge that the information referred to in the previous paragraph may include information about the
creditworthiness, credit standing, credit history, credit capacity, and credit providers of either the Buyer or the Guarantor or both.