Legal

Quotations 
All quotations and or sales by Clyne & Bennie (1988) Ltd trading as Clyne & Bennie (the “Seller”) to the buyer, are made upon the terms and conditions contained herein or as per the terms of the Construction Contracts Act 2002.  The term “Buyer” refers to the buyer so named and described in the face of this document. No employee or agent has authority to vary terms of supply.

Payment
(1) The price of the goods together with GST thereon shall be paid to the seller without any deduction whatsoever, on or before the due date as shown on invoice, the payment claim or stated in the contract, which ever applies. An account is not deemed to have been paid until funds are cleared.

(2) Provided that if discount applies to the price that discount may only be claimed should payment in full be received by the Seller on or before the date the payment is due.

(3) Interest shall be charged at the rate of 2% per month above Clyne & Bennie’s overdraft rate, on the unpaid balance outstanding and shall accrue monthly from the due date of payment until the date of full payment.

(4) Goods especially purchased or manufactured to the Buyers details may not be returned for credit unless by prior arrangement with seller. Stock items can be returned for credit within 30 days of purchase and may be subject to a minimum 15% restocking fee. If the payment for goods was made by credit card the bank surcharge fees are non-refundable.

(5) The Buyer understands and agrees to pay any collection charges, legal fees, salvage charges, storage costs and any other costs incurred in the event of late payment, and agrees that in the event payments are not made on time then the Seller may withhold the release of any producer statement or other certification or documentation relating to the work performed until such time as the account and any associated costs are paid in full.

(6) Any clarifications regarding Account content or payment of account shall be raised within seven days of Invoice.

(7) We reserve the right to request a credit application form be completed prior to commencement of any work and will require a personal guarantee of directors of a company unless special circumstances exist.

(8) A credit card transaction fee of 1.99% will be applied for transactions paid in this manner.

Reservation of Property in Goods

The Buyer agrees that the Title in any goods supplied is reserved by the Seller until receipt of full payment and understands and accepts that the Seller has the right under the Wages Protection and Contractors’ Liens Repeal Act 1987 to retain possession of goods until charges are paid. The Buyer also agrees that the Seller is entitled (for themselves or through any agent or employee) to come on to any land where the goods are stored or installed to uplift and remove any goods supplied, and to sell those goods if necessary to recover unpaid monies. No responsibility for any loss is accepted by the Seller in this eventuality.

The Seller may also register title to all our present and after-acquired property including but not confined to goods supplied by the Seller and itemised on a tax invoice, and/or services supplied to the Buyer, and the proceeds from those goods supplied in whatever form they may be in against the Buyers name on the Personal Property Security Register (PPSR).

The buyer agrees that that all Fittings, Hardware and Joinery supplied are designed to be removable and so these items form part of the fit out not the building and are covered by the sellers PPSR registration. The Buyer agrees that in the event where the Buyer is holding retentions on behalf of the Seller, the Buyer understands and agrees that it is a legal requirement that those amounts aside and agree that the Seller has the right to register an interest in that retention on the PPSR and that the Seller will come ahead of any other security.

The Buyer agrees that until payment is made for the goods and services provided, the Buyer grants an equitable interest in their land on which the goods and services were carried out and affixed, which interest entitles the Seller to register a caveat against their land.

The Buyer agrees to waive their right to receive a copy of the PPSR verification statement, and the Buyer understands and agrees that payments will be allocated against labour components of invoices first.

The Buyer acknowledges that agreement to these terms constitutes a ‘security agreement’ for the purposes of registration of a Financing Statement or Financing Change Statement under the PPSA in the Personal Property Securities Register.

Insurance
Goods the subject of any agreement by the seller to sell shall be at the risk of the intending purchaser as soon as they are delivered by the seller to the buyers’ vehicles or the buyers’ premises or otherwise to buyers’ order. The Buyer is responsible for insuring any work carried out (and Clyne & Bennie may at any time require that proof of such insurance is provided). Clyne & Bennie have public liability insurance up to $20 million against liability for loss or damage to any property, which arises from carrying out the work.

Permits, Licences, and Approvals
Unless otherwise stated in the quotation the buyer shall obtain any permits, licenses or approval that may be necessary or required in connection with the goods and any cost in connection with or caused by the obtaining of such permits licenses or approvals.

Warranty
The seller at its sole option will repair or replace free of charge any goods or part thereof being of the seller’s own manufacture, which are found to be defective by reason of faulty material or workmanship within 12 months of delivery to the buyer provided that: The buyer gives written notice to the seller of the alleged defect with 14 days of the defect becoming apparent or if the defect is not readily apparent with 14 days of the date when the defect ought to have become apparent to the buyer. This warranty shall not apply to goods altered or repaired by any person other than the seller. To goods which have been subject to excessive wear and tear, corrosion, in improper or abnormal operation, use as storage, inexpert installation unsuitable site of operation or inadequate protection. If access is not granted to inspect or carry out our repairs, on defective equipment within a reasonable time. with respect to goods or parts thereof not manufactured but installed by the seller, the seller will at its sole option repair or replace free of charge any goods or part thereof which are found to be defective by reason of faulty workmanship within twelve months of installation. The seller warranty does not extend to consequential loss or damages.

Force Majeure
The Seller is not liable for failure or delay in supply or delivery occasioned by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of products or raw materials, shortage of labour, lack of skilled labour, failure of the Buyers supplier’s, delay in transit, import restriction, legislative governmental or other prohibition or restriction, fire, flood, hostilities, commotions or other causes whatsoever beyond the Company’s reasonable control including power outage or telecommunication disruption or act of war.

Privacy
I/We authorise any seller or person to irrevocably provide you with such information as you may require in response to your credit enquiries for your provision of credit to me/us. I/We further authorise you to furnish any third party any details contained in this application and any details of subsequent dealings that I/We may have as a result of this application being actioned by you and to use for any lawful purpose connected with our business, any information which I/we or any third party may provide. I/We acknowledge that failure to make payment will result in the loading of the default information on our Centrix/Equifax or similar credit report.

ALL QUOTATIONS UNLESS STATED OTHERWISE OR UNLESS PREVIOUSLY WITHDRAWN ARE OPEN FOR ACCEPTANCE FOR 30 DAYS FROM DATE OF QUOTATION

The buyer hereby accepts this quotation and agrees to be bound by the above conditions.

THE PAYMENT TERMS OF CLYNE & BENNIE (1988) LTD (hereafter referred to as the “the Company”) are as follows

You agree to pay our account on receipt of goods and/or services,  to the Company within seven days of date of invoice.

An account is not deemed to have been paid until funds are cleared. You also understand and agree to pay any interest costs at the current bank business overdraft rate calculated daily from the date when payment was due, until made in full as well as any collection charges, legal fees, salvage charges, storage costs and any other costs incurred in the event of late payment.

Reservation of Title

You agree that Title in any goods supplied is reserved by the Company until receipt of full payment and that the Company are entitled (for themselves or through any agent or employee) to come on to any land where the goods are stored to uplift and remove any goods supplied, and to sell those goods if necessary to recover unpaid monies. No responsibility for any loss is accepted by the Company in this eventuality.

The Company may also register title to all our present and after-acquired property including but not confined to goods supplied by the company and itemised on a tax invoice, and/or services supplied to us, and the proceeds from those goods supplied in whatever form they may be in and the proceeds from those goods supplied in whatever form they may be in against your name on the Personal Property Security Register (PPSR).
You waive our right to receive a copy of the PPSR verification statement. You understand that payments will be allocated at the Companies discretion.

Our Liability to You
If you are not satisfied with any aspect of the goods and/or services when supplied,you must advise the Company within 7 days of supply. If you do not do so, then the Company will not have any further liability in respect of alleged defects. Further, the Company are not liable for any consequential damages or loss occasioned by any claim in respect of the goods supplied.

Insurance
You are responsible for insuring any work carried out at your premises (and Clyne & Bennie may at any time require that proof of such insurance is provided). Clyne & Bennie have public liability insurance up to $20 million against liability for loss or damage to any property, which arises from carrying out the work.

Force Majeure
You agree that the Company is not liable for failure or delay in supply or delivery occasioned by strike, industrial dispute, natural disaster, shortage or unavailability of stocks of products or raw materials, shortage of labour, lack of skilled labour, failure of the Customer’s supplier’s delay in transit, import restriction, legislative governmental or other prohibition or restriction, fire, flood, hostilities, commotions or other causes whatsoever beyond the Company’s reasonable control including power outage or telecommunication disruption or act of war or terrorist attack.

Privacy Act
You give authority for the Company to hold my personal information and authorise any person or company to provide the Company with any information required to determine my whereabouts and my credit worthiness. You agree to the Company furnishing any third party my payment habits and trend details of this and any future dealing you may have as a result of this purchase order. You understand that this information is collected for the purposes of establishing my credit rating.

Rates & Fees
A minimum fee applies and includes travel and the first 30mins onsite. Additional labour is billed in 15min intervals, according to the hourly rate charged for the applicable trade. Additional charges apply for any materials and plant used.

Additional Work
You understand that Clyne & Bennie (1988) Ltd will carry out any additional safety work as required up to the value of $350.00, if work exceeds this figure they will contact me first for instructions. I also confirm that either I have been given authority to authorise the above work on behalf of the building owner, or that I own the building and have authority to authorise the above work.

Clyne & Bennie (1988) Ltd, 112 Buchan Street Sydenham Christchurch

Scope of work
We undertake to carry out the work as quoted with reasonable skill and care and to carry out the work within the time frames agreed on acceptance of our proposal. Unless otherwise agreed the client shall be responsible for obtaining consents

Access
The clients will allow or arrange access to the site for the purpose of carrying out the work; we will not accept responsibility for delays that result from restricted access caused by the client or other parties.

Health and Safety
We will adhere to the rules and procedures of the Work and Safety Act and will not be responsible for delays caused by others who do not follow the correct work site safety policy.

Delays
We will not be responsible for late completion and we reserve the right to pass on costs incurred as a result of events beyond our control including but not confined to; other trades late in finishing, materials promised by the client and not being available.

Ownership
You agree that Title in any goods supplied is reserved by us until receipt of full payment. You understand and accept that we have the right under the Wages Protection and Contractors’ Liens Repeal Act 1987 to retain possession of goods until charges are paid. We are entitled (for ourselves or through any agent or employee) to come on to any land where the goods are stored or installed to uplift and remove any goods supplied, and to sell those goods if necessary to recover unpaid monies. No responsibility for any loss is accepted by us in this eventuality. We may also register title to all our present and after-acquired property including but not confined to goods supplied by us and itemised on a tax invoice, and/or services supplied by us, and the proceeds from those goods supplied in whatever form they may be in against your name on the Personal Property Security Register (PPSR). You agree that all Fittings, Hardware and Joinery supplied are designed to be removable and so these items form part of the fit out not the building and are covered by our PPSR registration. You agree that in the event where you are holding retentions on behalf of us we understand that it is a legal requirement that you set those amounts aside and agree that we have the right to register an interest in that retention on the PPSR and that we will come ahead of any other security. You agree that until payment is made for the goods and services provided, you grant an equitable interest in your land on which the goods and services were carried out and affixed, which interest entitles us to register a caveat against your land. You waive your right to receive a copy of the PPSR verification statement. You understand that payments will be allocated against labour components of invoices first.

Insurance
You (the client) is responsible for insuring any work carried out at your premises (and Clyne & Bennie may at any time require that proof of such insurance is provided). Clyne & Bennie have public liability insurance up to $20 million against liability for loss or damage to any property, which arises from carrying out the work.

Variations
Variations will be confirmed in writing stating the scope of the work and changes in compliance requirements. We reserve the right to charge an administration fee should variations entail additional paper work at the current hourly rate.

Payments
We reserve the right to ask for a deposit before work commences. Unless otherwise agreed to in the contract document, payment is due on completion of the work as set out in the quote / contract documents. Where the work lasts longer than one month progress payments are due 7 days from the beginning of each month. We reserve the right to allocate payments received against labour first then materials and fittings. Where payments are late the contractor reserves the right to charge late payment fees, collection charges and collection costs.

Disputes
Where disputes arise and cannot be resolved the procedure outlined in the Construction Contracts Act will apply. This means both parties are subject to independent arbitration.

Liability
In the event that the we are deemed to be liable to the client then the our liability is limited to the cost of the contract/invoice.

Defects
We undertake to rectify any faults as required by law. The client must advise us within 30 days if they are not satisfied with any aspect of the job. Our maintenance and warranty period starts when our work has been completed and not when the other contractors have finished.

Privacy
I/we give authority to any person or company to provide you with any information required to process this application and I/we agree to you furnishing any third party details of this application and any future dealing I/we may have as a result of this application.

Consumer Law Reform Bill
The guarantees contained in the Consumer Guarantee Act 1993 do not apply to goods and services that are supplied for the purpose of business or use by a business.

Construction Contracts Act
This contract will be administered under the rules of the Construction Contracts Act which require payment schedules to be submitted to us within 20 working days of invoices being raised.

STANDARD TERMS AND CONDITIONS

These terms, together with any entry information and/or additional terms and conditions specified by Clyne & Bennie apply to each competition where Clyne & Bennie states that its standard competition terms apply. These Terms are a contract between each entrant (you) and Clyne & Bennie.

Term: The Competition starts and finishes on the dates specified by Clyne & Bennie at the time of entry. If your entry is received outside of this period you may be disqualified.

Prize: The prize(s) for the Competition are not transferable or redeemable for cash and all components of the prizes must be taken together. Some or all components of the prizes may be subject to availability, as well as additional terms and conditions set by third parties. Prize winners are responsible for arranging and paying for all costs associated with the prize that are not explicitly stated by Clyne & Bennie at the time of entry. Clyne & Bennie may replace the prize with another prize of equivalent or greater value if the prize becomes unavailable for reasons outside Clyne & Bennie’s reasonable control. Where the prize is to be delivered to the winner, the prize must be delivered to a New Zealand address. Clyne & Bennie makes no warranties about the prize (including as to its quality or fitness for purpose).

Who may enter: To enter the Competition, you must meet any entry criteria specified by Clyne & Bennie, and comply with these Terms.

How to enter: If you do not follow the entry instructions specified by Clyne & Bennie and otherwise comply with these Terms, you may be disqualified. Incomplete entries may not be accepted. Generally, entries may not be modified after submission.

Number of entries: Unless otherwise specified, you may only enter the Competition once.

Winner: Unless otherwise specified, the winner(s) of the prize will be drawn randomly from one prize pool comprising all valid entries on the date specified by Clyne & Bennie at the time of entry. Where there are multiple prizes, entrants will not win more than one prize. Where the winner is not determined by a random draw, all judging decisions are made at Clyne & Bennie’s sole discretion.

Contacting the winner: The winner of the Competition will be announced after determination. Clyne & Bennie will take reasonable steps to contact the winner by using the contact details provided at the time of entry. If Clyne & Bennie cannot contact a winner within one week after the winner is announced or if the winner is otherwise unable to accept the prize, then the winner will forfeit the prize and Clyne & Bennie may select a new winner.

Entries: All entries received by Clyne & Bennie and any materials submitted with the entry will become the property of Clyne & Bennie. By entering the Competition you consent to Clyne & Bennie copying, reproducing, altering, communicating to the public and otherwise using your entry and any Materials all media, whether known now or developed in the future, in relation to the Competition, or to advertise and promote Clyne & Bennie (including by publishing your entry and or the Materials, or parts of them, on Clyne & Bennie’s website or social media). In addition, by entering the Competition, you agree that Clyne & Bennie may use your name, photograph for promotional purposes without compensation.

Privacy: Clyne & Bennie may collect and use personal information about you (including your name, contact details, and any other personal information you provide in connection with your entry) for the purpose of administering the Competition, verifying the validity of entries, contacting winners and checking winners’ identities, and marketing the goods and services of Clyne & Bennie to you. As certain information is required for us to run the Competition effectively, if you do not provide accurate information where we request, you may be disqualified from the Competition. Clyne & Bennie will collect, use and hold your information in accordance with our legal obligations, including under the Privacy Act 2020.

Liability: Subject to any applicable law that cannot be excluded, Clyne & Bennie and its employees and agents will not be liable for any loss or damage (whether in contract, tort (including negligence), under statute, equity or otherwise in connection with the Competition or the prize(s)). Without limiting the previous sentence, Clyne & Bennie is not responsible for any late, misdirected or incorrectly completed entries, or any technical malfunction, delay or loss of data that occurs in the course of the administration of the Competition, however caused.

Facebook: Where the Competition is run via Facebook, the Competition is not associated with Facebook, Facebook has no liability in connection with the Competition, and any information you provide in connection with the Competition is provided to Clyne & Bennie, not to Facebook.

General: Clyne & Bennie’s decisions regarding the Competition are final and no correspondence will be entered into. Clyne & Bennie may change these Terms at any time. If Clyne & Bennie cannot reasonably run the Competition as planned for any reason, Clyne & Bennie may cancel this Competition.