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  1. General
    1. All Goods and/or Services provided to the Customer by Aquaheat are subject to the following terms and conditions (“Terms”). These Terms, together with any credit application or works requisition or similar order form constitute the entire agreement (“agreement”) between the Customer and Aquaheat for the Goods provided and/or Services performed.
    2. Any amendments to these Terms must be agreed by Aquaheat in writing.
    3. If any provision of these Terms is invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect.
    4. If the Customer is a company or trust, each director or trustee (as the case may be) of the Customer who signs these Terms warrants that he/she is authorised to enter into the contract on behalf of the Customer.
    5. If anything in these Terms is inconsistent or conflicts with any provision of any credit application form or other document between the parties, these Terms shall prevail.
    6. The Customer must not assign or transfer any of their rights or obligations under this Agreement to any other person.
    7. If, at any time, Aquaheat does not enforce any of these Terms or grants the Customer time or other indulgence, Aquaheat will not be construed as having waived that term or its rights to later enforce that or any other term.
    8. These Terms are subject to and governed by the laws of New Zealand.
    9. If the Customer orders or accepts Goods or Services, the Customer will be deemed to have accepted these Terms.
  2. Definitions
    1. ​In these Terms and in any credit application or works requisition or similar form:
      Aquaheat ” means Aquaheat Services Limited (“HSL”) and includes any trading division as part of HSL that supplies Goods and/or Services to the Customer.
      “Customer” means the Customer named on any credit application form, works requisition or similar order form, and includes any part placing an order with Aquaheat .
      “Goods” means all goods or chattels provided by Aquaheat to the Customer.
      “Services” means all services provided by Aquaheat to the Customer.
    2. Headings are used as a matter of convenience only and shall not affect the interpretation of these Terms.
  3. Use of Information
    1. For the purposes of facilitating the administration of Aquaheat business, the Customer authorises Aquaheat :
      1. To collect all information it may require about the Customer from any third parties and authorises those third parties to release that information to Aquaheat ;
      2. To hold all information given by the Customer or any third party to Aquaheat ; and
      3. To use that information including giving the information to any other person to facilitate collection of debts from the Customer.
    2. The information will be collected, held and used on the condition that:
      1. It will be held securely at the Aquaheat Offices referred to on the credit account application, works requisition or similar order form and/or Aquaheat invoice;
      2. It will be accessible to any of Aquaheat employees and agents who need access to it for the administration of Aquaheat business; and
      3. The Customer may request access to and correction of it at any time.
  4. Price and Quotations
    1. Unless otherwise expressly stated, all prices will be those applying at the date of delivery and will include freight charges.
    2. Unless otherwise stipulated in writing, the price of all Goods and Services excludes any amount payable in respect of GST, which will be paid by the Customer in addition to the price.
    3. Quotations are based on cost of labour, materials and equipment, freight and variable and fixed expenses and, where appropriate, rates of currency exchange operating at the date of quotation. Any increase in the cost to Aquaheat which may occur between the date of quotation and delivery shall be payable by the Customer and any such increase shall include a pro rata increase in Aquaheat profit margin.
    4. Any variation in the quantity of Goods supplied to the Customer after the date of the quotation shall be at the Customer’s expense. The Goods shall be priced at either the price applicable to the original quantity under the quotation or such other price as Aquaheat may determine in its absolute discretion.
    5. For a quotation to be binding on Aquaheat , it must be accepted in writing by the Customer within 30 days of the date of the quotation.
  5. Payments
    1. All Goods and Services must be paid for in full on delivery or completion unless the Customer has applied and, at Aquaheat ’s absolute discretion, been accepted for credit by Aquaheat in which case the following applies:
      1. If the quoted amount is less than $5000 then; i. A deposit of 50% prior to work proceeding on acceptance of quote, after all consents have been approved. ii. The remaining 50% is due within 7 days following invoice.
      2. If the quoted amount is more than $5000 then; i. A deposit of 50% prior to work proceeding on acceptance of quote, after all consents have been approved. ii. The remaining 50% is due within 14 days following invoice.
    2. Aquaheat may, however, in its absolute discretion, allow payment on some other basis specified in writing by Aquaheat .
    3. Payment must be made by the due date by way of cleared funds in full without deduction, counterclaim or set off whatsoever.
    4. Unless otherwise agreed in writing the amount payable shall be that shown on the Aquaheat invoice.
    5. If the Customer disputes any or all of an amount contained in an invoice, the Customer will:
      1. Immediately notify Aquaheat of the dispute and provide reasons for the dispute;
      2. Pay the full amount of the Invoice including the disputed amount by the due date specified in the invoice; and
      3. Negotiate in good faith with Aquaheat to resolve the dispute.
    6. If payment is not made by the due date Aquaheat may, without prejudice to its other remedies, charge the Customer default interest on the unpaid amount at a rate equal to 2.5% per month on the outstanding balance.
    7. Aquaheat may deduct or withhold any amount (whether by way of counterclaim, set-off or otherwise) from any money owing by Aquaheat to the Customer on any account whatsoever.
  6. Delivery
    1. If the price of any Goods includes the costs of delivery, unless otherwise agreed by Aquaheat prior to delivery, the price of the Goods includes the costs of delivery of the Goods by the usual methods of transportation used by Aquaheat , between the hours of 7.30am and 5pm Monday to Friday (excluding statutory holidays). Aquaheat may, if the Customer requests, arrange for Goods to be delivered by other means or at other times, but will be entitled to charge the Customer for any additional costs that Aquaheat may incur.
    2. Aquaheat will endeavour to have the Goods delivered on the agreed delivery dates but will not be held liable for late delivery. Late delivery does not entitle any Customer to cancel any order or part order.
    3. Delivery will be deemed to have been made when Goods arrive at the delivery point agreed with the Customer or if the Customer is to arrange delivery of the Goods, when the Goods are available for collection by the Customer. The Customer or its authorised representative must sign Aquaheat ’s copy of the delivery docket or packing slip before the Goods are unloaded or collected.
    4. All claims for errors in delivery or for Goods damaged in transit must be made to Aquaheat within two days of delivery in respect of Goods delivered by courier, and within seven days of delivery in respect of Goods delivered by any other means or Goods collected by the Customer, and in accordance with the procedures advised by Aquaheat from time to time.
    5.  
    6. If the Customer fails or refuses to take delivery of any Goods at an agreed delivery time, Aquaheat may (without limiting any other rights or remedies Aquaheat may have) charge the Customer for any expenses or additional costs incurred by Aquaheat as a result of delay.
  7. Default
    1. If the Customer fails to make payment on any invoice when due or becomes insolvent, commits an act of bankruptcy, is adjudicated bankrupt or makes any composition or arrangement with creditors or being a company goes into liquidation whether compulsory or voluntary other than for the purpose of and followed by amalgamation or reconstruction, or has a receiver appointed of any part of its business or assets then Aquaheat reserves the right, and the Customer agrees that Aquaheat is entitled:
      1. To treat all sums due or to become due from the Customer whatsoever as immediately due and payable;
      2. To immediately cancel or suspend delivery of Goods and the provision of Services;
      3. By its agents to enter onto the Customer’s premises where the Goods may be installed or stored and to search for and remove and take possession of the Goods without being in any way liable to the Customer or anyone claiming under it for so doing; and
      4. To withhold the further supply of Goods and Services on credit.
    2. Any expenses, disbursements and legal costs incurred by Aquaheat in the enforcement of any rights contained in these Terms shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
  8. Security and Title
    1. Aquaheat retains legal and equitable title to any Goods supplied to the Customer until full payment is made for the Goods and all other Goods and Services supplied by Aquaheat .
    2. Notwithstanding that ownership of any Goods may remain with Aquaheat ; all risk in relation to any Goods supplied will pass to the Customer on delivery.
    3. The Customer gives irrevocable authority to Aquaheat to enter any premises occupied by the Customer, or any other party on which Goods and Services are situated, at any reasonable time after default by the Customer, in order to remove and repossess any Goods, and to sell those Goods if necessary to recover unpaid monies.
    4. The Customer grants Aquaheat a “security interest” for the purposes of section 36(b) of the Personal Property Securities Act 1999 (the PPSA) in all present and after acquired Goods as security for the Customer’s obligations to Aquaheat .
    5. The Customer is to execute documents and do such further acts as may be required by the Company to register the “security interest” granted to Aquaheat under these Terms under the PPSA.
    6. Until ownership of the Goods passes, the Customer waives its right under the PPSA:
      1. To receive a copy of any verification statement;
      2. To receive a copy of any financing charge statement;
      3. To receive any notice that Aquaheat intends to sell the Goods or to retain the Goods on enforcement of the “security interest” granted to Aquaheat under these Terms;
      4. To object to a Aquaheat proposal to retain the Goods in satisfaction of any obligation owed by the Customer to Aquaheat ;
      5. To receive a statement of account on sale of the Goods;
      6. To redeem the Goods; and
      7. Where any Goods become an “accession” (as defined in the PPSA), to not have any Goods damaged when Aquaheat removes the accession, to receive notice of the removal of the accession and to apply to the court for an order concerning the removal of an accession.
  9. Credit
    1. Aquaheat may review, limit, vary or withdraw credit at any time without liability to the Customer.
    2. If Aquaheat shall at any time deem the credit of the Customer to be unsatisfactory, it may require security for payment in a form satisfactory to Aquaheat in its absolute discretion and may suspend performance of its obligations under the agreement until the provision of such security.
  10. Exclusion and Limitation of Liability
    1. Except as expressly provided in these Terms, all warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Goods, Services or to these Terms are, to the maximum extent permitted by law, expressly excluded.
    2. Nothing in these Terms limits any rights the Customer has under the Consumer Guarantees Act 1993 (“Act”) and these Terms must be read subject to those rights.
    3. Where these Terms would otherwise be subject to the Act and the Customer is acquiring the Goods and/or Services supplied by Aquaheat for business purposes, the Customer agrees that the Act will not apply.
    4. Except where applicable law expressly requires otherwise, Aquaheat is not liable in any event for any special, indirect or consequential damage, loss or injury of any kind, or for any loss of business, profit, data or anticipated savings, suffered by the Customer or any other person, however caused, even if Aquaheat had been advised of the possibility of such damage, loss or injury.
    5. insofar as Aquaheat may be liable, the maximum liability of Aquaheat , whether in contract, tort (including negligence), equity, under statute or otherwise for any loss, damage or injury arising directly or indirectly from any breach of Aquaheat ’s obligations under the agreement is, except where applicable law expressly requires otherwise, limited, at the option of Aquaheat , to any one or more of the following:
      1. If the breach relates to Goods: (a) The replacement of the Goods or the supply of equivalent Goods; (b) The repair of such Goods; (c) The payment of the cost of replacing the Goods or of acquiring equivalent Goods; or (d) The payment of the cost of having the Goods repaired; and
      2. If the breach relates to Services: (a) The supplying of the Services again; or (b) The payment of the cost of having the Services supplied again.
    6. Aquaheat is not liable for any failure or delay in performing an obligation in these Terms if it is due to a cause reasonably beyond its control.
      If we can be of further assistance, please contact us on 0800 467 496 “Keeping you connected 24/7”

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