{"id":65,"date":"2024-04-24T01:46:23","date_gmt":"2024-04-24T01:46:23","guid":{"rendered":"https:\/\/flashelectrical.co.nz\/?page_id=65"},"modified":"2024-05-17T11:53:00","modified_gmt":"2024-05-16T22:53:00","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/flashelectrical.co.nz\/?page_id=65","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"\n

1. Definitions<\/strong><\/p>\n\n\n\n

1.1 \u201cSeller\u201d shall mean Flash Limited and its successors and assigns.<\/p>\n\n\n\n

\n1.2\n\u201cBuyer\u201d shall mean the Buyer or any person acting on behalf of\nand with the authority of the Buyer.<\/p>\n\n\n\n

\n1.3\n\u201cGuarantor\u201d means that person (or persons), or entity that agrees\nherein to be liable for the debts of the Buyer on a principal debtor\nbasis.<\/p>\n\n\n\n

\n1.4\n\u201cGoods\u201d shall have the same meaning as in section 2 of the Sale\nof Goods Act 1908 and are goods supplied by the Seller to the Buyer\n(and where the context so permits shall include any supply of\nServices as hereinafter defined).<\/p>\n\n\n\n

\n1.5\n\u201cServices\u201d shall mean all services supplied by the Seller to the\nBuyer and includes any advice or recommendations (and where the\ncontext so permits shall include any supply of Goods as defined\nsupra).<\/p>\n\n\n\n

\n1.6\n\u201cPrice\u201d shall mean the cost of the goods as agreed between the\nSeller and the Buyer subject to clause 4 of this contract.<\/p>\n\n\n\n

2. Acceptance<\/strong><\/p>\n\n\n\n

\n2.1\nAny instructions received by the Seller from the Buyer for the supply\nof Goods shall constitute acceptance of the terms and conditions\ncontained herein.<\/p>\n\n\n\n

\n2.2\nWhere more than one Buyer has entered into this agreement, the Buyers\nshall be jointly and severally liable for all payments of the Price.<\/p>\n\n\n\n

\n2.3\nUpon acceptance of these terms and conditions by the Buyer the terms\nand conditions are irrevocable and can only be rescinded in\naccordance with these terms and conditions or with the written\nconsent of the manager of the Seller.<\/p>\n\n\n\n

\n2.4\nNone of the Seller\u2019s agents or representatives are authorised to\nmake any representations, statements, conditions or agreements not\nexpressed by the manager of the Seller in writing nor is the Seller\nbound by any such unauthorised statements.<\/p>\n\n\n\n

\n2.5\nThe Buyer undertakes to give the Seller not less than seven (7) days\nprior written notice of any proposed change in the Buyer\u2019s name\nand\/or any other change in the Buyer\u2019s details (including but not\nlimited to, changes in the Buyer\u2019s address, facsimile number, or\nbusiness practice).<\/p>\n\n\n\n

3. Goods \/ Services<\/strong><\/p>\n\n\n\n

\n3.1\nThe Goods and\/or Services are as described on the invoices,\nquotation, work authorisation or any other work commencement forms as\nprovided by the Seller to the Buyer.<\/p>\n\n\n\n

4. Price And Payment<\/strong><\/p>\n\n\n\n

\n4.1\nAt the Seller\u2019s sole discretion;<\/p>\n\n\n\n

\n(a)\nThe Price shall be as indicated on invoices provided by the Seller to\nthe Buyer in respect of Goods supplied; or<\/p>\n\n\n\n

\n(b)\nThe Price of the Goods shall, subject to clause 4.2, be the Sellers\nquoted Price, which shall be binding upon the Seller provided that\nthe Buyer shall accept in writing the Sellers quotation within thirty\n(30) days.<\/p>\n\n\n\n

\n4.2\nAny variation from the plan of scheduled works or specifications will\nbe charged for on the basis of the Seller\u2019s quotation and will be\nshown as extras on the invoice. Payment for all extras must be made\nin full at their time of completion.<\/p>\n\n\n\n

\n4.3\nAt the Seller\u2019s sole discretion they shall be entitled to charge;<\/p>\n\n\n\n

\n(a)\nA minimum charge out rate; and\/or<\/p>\n\n\n\n

\n(b)\nAn extra charge for after hours call-outs.<\/p>\n\n\n\n

\n4.4\nTime for payment for the Goods shall be of the essence and will be\nstated on the invoice, quotation or any other order forms. If no time\nis stated then payment shall be due seven (7) days following the date\nof the invoice.<\/p>\n\n\n\n

\n4.5\nThe Seller may withhold delivery of the Goods until the Buyer has\npaid for them, in which event payment shall be made before the\ndelivery date.<\/p>\n\n\n\n

\n4.6\nAt the Seller\u2019s sole discretion, payment for approved Buyers shall\nbe made by instalments in accordance with the Sellers\ndelivery\/payment schedule.<\/p>\n\n\n\n

\n4.7\nAt the Seller\u2019s sole discretion, payment for approved Buyers shall\nbe due on 20th each month following the posting of a statement to the\nBuyer\u2019s address or address for notices.<\/p>\n\n\n\n

\n4.8\nPayment will be made by cash, or by cheque, or by bank cheque, or by\ndirect credit, or by any other method as agreed to between the Buyer\nand the Seller.<\/p>\n\n\n\n

\n4.9\nThe Price shall be increased by the amount of any GST and other taxes\nand duties, which may be applicable, except to the extent that such\ntaxes are expressly included in any quotation given by the Seller.<\/p>\n\n\n\n

5. Delivery Of Goods<\/strong><\/p>\n\n\n\n

\n5.1\nDelivery of the Goods shall be made to the Buyer\u2019s address. The\nBuyer shall make all arrangements necessary to take delivery of the\nGoods whenever they are tendered for delivery, or delivery of the\nGoods shall be made to the Buyer at the Seller\u2019s address.<\/p>\n\n\n\n

\n5.2\nThe costs of carriage and any insurance which the Buyer reasonably\ndirects the Seller to incur shall be reimbursed by the Buyer (without\nany set-off or other withholding whatever) and shall be due on the\ndate for payment of the Price. The carrier shall be deemed to be the\nBuyer\u2019s agent.<\/p>\n\n\n\n

\n5.3\nWhere there is no agreement that the Seller shall send the Goods to\nthe Buyer, delivery to a carrier at limited carrier\u2019s risk at the\nexpense of the Buyer is deemed to be delivery to the Buyer.<\/p>\n\n\n\n

\n5.4\nThe failure of the Seller to deliver shall not entitle either party\nto treat this contract as repudiated.<\/p>\n\n\n\n

\n5.5\nThe Seller shall not be liable for any loss or damage whatsoever due\nto failure by the Seller to deliver the Goods (or any of them)\npromptly or at all.<\/p>\n\n\n\n

6. Risk<\/strong><\/p>\n\n\n\n

\n6.1\nIf the Seller retains property in the Goods nonetheless all risk for\nthe Goods passes to the Buyer on delivery.<\/p>\n\n\n\n

\n6.2\nIf any of the Goods are damaged or destroyed prior to property in\nthem passing to the Buyer, the Seller is entitled, without prejudice\nto any of its other rights or remedies under these terms and\nconditions (including the right to receive payment of the balance of\nthe Price for the Goods), to receive all insurance proceeds payable\nin respect of the Goods. This applies whether or not the Price has\nbecome payable under these terms and conditions. The production of\nthese terms and conditions by the Seller is sufficient evidence of\nthe Seller\u2019s rights to receive the insurance proceeds without the\nneed for any person dealing with the Seller to make further\nenquiries.<\/p>\n\n\n\n

7. Defects\/Returns<\/strong><\/p>\n\n\n\n

\n7.1\nThe Buyer shall inspect the Goods on delivery and shall within seven\n(7) days of delivery notify the Seller of any alleged defect,\nshortage in quantity, damage or failure to comply with the\ndescription or quote. The Buyer shall afford the Seller an\nopportunity to inspect the Goods within a reasonable time following\ndelivery if the Buyer believes the Goods are defective in any way. If\nthe Buyer shall fail to comply with these provisions the Goods shall\nbe conclusively presumed to be in accordance with the terms and\nconditions and free from any defect or damage.<\/p>\n\n\n\n

\n7.2\nFor defective Goods which the Seller has agreed in writing that the\nBuyer is entitled to reject, the Seller\u2019s liability is limited to\neither (at the Seller\u2019s discretion) replacing the Goods or\nrepairing the Goods provided that:<\/p>\n\n\n\n

\n(a)\nthe Buyer has complied with the provisions of clause 7.1;<\/p>\n\n\n\n

\n(b)\nthe Seller will not be liable for Goods which have not been stored or\nused in a proper manner;<\/p>\n\n\n\n

\n(c)\nthe Goods are returned in the condition in which they were delivered\nand with all packaging material, brochures and instruction material\nin as new condition as is reasonable possible in the circumstances.<\/p>\n\n\n\n

8. Warranty<\/strong><\/p>\n\n\n\n

\n8.1\nThe Seller does not undertake that repair facilities and parts will\nbe available for the Goods and will not be liable to repair any\ndefective Goods and at its own discretion may:<\/p>\n\n\n\n

(a) notify the manufacturers of the Goods of any defect notified by the Buyer; and<\/p>\n\n\n\n

\n(b)\nrequest the manufacturers to repair or replace any defective Goods.<\/p>\n\n\n\n

\n(c)\nin respect of all claims the Seller shall not be liable to compensate\nthe Buyer for any delay in either replacing or repairing the\nworkmanship\/Goods or in properly assessing the Buyers claim and all\nadditional costs for labour and freight will be charged to the Buyers\naccount .<\/p>\n\n\n\n

\n8.2\nIn the case of second hand Goods the Buyer acknowledges that he has\nhad full opportunity to inspect the same and that he accepts the same\nwith all faults and that no warranty is given by the Seller as to the\nquality or suitability for any purpose and any implied warranty,\nstatutory or otherwise, is expressly excluded. The Seller shall not\nbe responsible for any loss or damage to the Goods, or caused by the\nGoods, or any part thereof however arising.<\/p>\n\n\n\n

9. Default & Consequences Of Default<\/strong><\/p>\n\n\n\n

\n9.1\nInterest on overdue invoices shall accrue from the date when payment\nbecomes due daily until the date of payment at a compounding rate of\n2.5% per calendar month and shall accrue at such a rate after as well\nas before any judgement.<\/p>\n\n\n\n

\n9.2\nIf the Buyer defaults in payment of any invoice when due, the Buyer\nshall indemnify the Seller from and against all of the Seller\u2019s\ncosts and disbursements including on a solicitor and own client basis\nand in addition all of the Seller\u2019s nominees costs of collection.<\/p>\n\n\n\n

\n9.3\nWithout prejudice to any other remedies the Seller may have, if at\nany time the Buyer is in breach of any obligation (including those\nrelating to payment), the Seller may suspend or terminate the supply\nof Goods to the Buyer and any of its other obligations under the\nterms and conditions. The Seller will not be liable to the Buyer for\nany loss or damage the Buyer suffers because the Seller exercised its\nrights under this clause.<\/p>\n\n\n\n

\n9.4\nIf any account remains unpaid at the end of the second month after\nsupply of the Goods or services the following shall apply: An\nimmediate amount of the greater of $20.00 or 10.00% of the amount\noverdue shall be levied for administration fees which sum shall\nbecome immediately due and payable.<\/p>\n\n\n\n

\n9.5\nIn the event that:<\/p>\n\n\n\n

\n(a)\nany money payable to the Seller becomes overdue, or in the Seller\u2019s\nopinion the Buyer will be unable to meet its payments as they fall\ndue, or;<\/p>\n\n\n\n

\n(b)\nthe Buyer becomes insolvent, convenes a meeting with its creditors or\nproposes or enters into an arrangement with creditors, or makes an\nassignment for the benefit of its creditors, or;<\/p>\n\n\n\n

\n(c)\na receiver, manager, liquidator (provisional or otherwise) or similar\nperson is appointed in respect of the Buyer or any asset of the\nBuyer,<\/p>\n\n\n\n

\nthen\nwithout prejudice to the Seller\u2019s other remedies at law<\/p>\n\n\n\n

\n(i)\nthe Seller shall be entitled to cancel all or any part of any order\nof the Buyer which remains unperformed in addition to and without\nprejudice to any other remedies; and<\/p>\n\n\n\n

\n(ii)\nall amounts owing to the Seller shall, whether or not due for\npayment, immediately become due and payable.<\/p>\n\n\n\n

10. Title<\/strong><\/p>\n\n\n\n

\n10.1\nIt is the intention of the Seller and agreed by the Buyer that\nproperty in the goods shall not pass until:<\/p>\n\n\n\n

\n(a)\nThe Buyer has paid all amounts owing for the particular Goods, and<\/p>\n\n\n\n

\n(b)\nThe Buyer has met all other obligations due by the Buyer to the\nSeller in respect of all contracts between the Seller and the Buyer,\nand that the Goods, or proceeds of the sale of the Goods, shall be\nkept separate until the Seller shall have received payment and all\nother obligations of the Buyer are met.<\/p>\n\n\n\n

\n10.2\nIt is further agreed that:<\/p>\n\n\n\n

\n(a)\nUntil such time as ownership of the Goods shall pass from the Seller\nto the Buyer the Seller may give notice in writing to the Buyer to\nreturn the Goods or any of them to the Seller. Upon such notice the\nrights of the Buyer to obtain ownership or any other interest in the\nGoods shall cease.<\/p>\n\n\n\n

\n(b)\nIf the Buyer fails to return the Goods to the Seller then the Seller\nor the Seller\u2019s agent may enter upon and into land and premises\nowned, occupied or used by the Buyer, or any premises as the invitee\nof the Buyer, where the Goods are situated and take possession of the\nGoods, without being responsible for any damage thereby caused.<\/p>\n\n\n\n

11. Personal Property Securities Act 1999<\/strong><\/p>\n\n\n\n

\n11.1\nUpon assenting to these terms and conditions in writing the Buyer\nacknowledges and agrees that:<\/p>\n\n\n\n

\n(a)\nThese terms and conditions constitute a security agreement for the\npurposes of the PPSA; and<\/p>\n\n\n\n

\n(b)\nA security interest is taken in all Goods previously supplied by the\nSeller to the Buyer (if any) and all Goods that will be supplied in\nthe future by the Seller to the Buyer during the continuance of the\nparties relationship;<\/p>\n\n\n\n

\n11.2\nThe Buyer undertakes to:<\/p>\n\n\n\n

\n(a)\nsign any further documents and\/or provide any further information,\nsuch information to be complete, accurate and up-to-date in all\nrespects, which the Seller may reasonably require to register a\nfinancing statement or financing change statement on the Personal\nProperty Securities Register;<\/p>\n\n\n\n

\n(b)\nindemnify, and upon demand reimburse, the Seller for all expenses\nincurred in registering a financing statement or financing change\nstatement on the Personal Property Securities Register or releasing\nany Goods charged thereby;<\/p>\n\n\n\n

\n(c)\nnot register a financing change statement or a change demand without\nthe prior written consent of the Seller;<\/p>\n\n\n\n

\n(d)\ngive the Seller not less than fourteen (14) days prior written notice\nof any proposed change in the Buyer\u2019s name and\/or any other change\nin the Buyer\u2019s details (including but not limited to, changes in\nthe Buyer\u2019s address, facsimile number, or business practice); and<\/p>\n\n\n\n

\n(e)\nimmediately advise the Seller of any material change in its business\npractices of selling the Goods which would result in a change in the\nnature of proceeds derived from such sales.<\/p>\n\n\n\n

\n(f)\nThe Seller and the Buyer agree that nothing in sections 114(1)(a),\n133 and 134 of the PPSA shall apply to these Terms and Conditions.<\/p>\n\n\n\n

\n(g)\nThe Buyer waives its rights as a debtor under sections 116, 120(2),\n121, 125, 126, 127, 129, 131 and 132 of the PPSA.<\/p>\n\n\n\n

\n11.3\nUnless otherwise agreed to in writing by the Seller, the Buyer waives\nits right to receive a verification statement in accordance with\nsection 148 of the PPSA.<\/p>\n\n\n\n

\n11.4\nThe Buyer unconditionally ratifies any actions taken by the Seller\nunder and by virtue of the power of attorney given by the Buyer to\nthe Seller under clauses 11.1 to 11.3.<\/p>\n\n\n\n

12. Security & Charge<\/strong><\/p>\n\n\n\n

\n12.1\nNotwithstanding anything to the contrary contained herein or any\nother rights which the Seller may have howsoever:<\/p>\n\n\n\n

\n(a)\nWhere the Buyer and\/or the Guarantor (if any) is the owner of land,\nrealty or any other asset capable of being charged, both the Buyer\nand\/or the Guarantor agree to mortgage and\/or charge all of their\njoint and\/or several interest in the said land, realty or any other\nasset to the Seller or the Seller\u2019s nominee to secure all amounts\nand other monetary obligations payable under the terms and\nconditions. The Buyer and\/or the Guarantor acknowledge and agree that\nthe Seller (or the Seller\u2019s nominee) shall be entitled to lodge\nwhere appropriate a caveat, which caveat shall be released once all\npayments and other monetary obligations payable hereunder have been\nmet.<\/p>\n\n\n\n

\n(b)\nShould the Seller elect to proceed in any manner in accordance with\nthis clause and\/or its sub-clauses, the Buyer and\/or Guarantor shall\nindemnify the Seller from and against all the Seller\u2019s costs and\ndisbursements including legal costs on a solicitor and own client\nbasis.<\/p>\n\n\n\n

\n(c)\nTo give effect to the provisions of clause [11, 12.1(a) to (b)]\ninclusive hereof the Buyer and\/or the Guarantor (if any) do hereby\nirrevocably nominate constitute and appoint the Seller or the\nSeller\u2019s nominee as the Buyer\u2019s and\/or Guarantor\u2019s true and\nlawful attorney to execute mortgages and charges (whether\nregisterable or not) including such other terms and conditions as the\nSeller and\/or the Seller\u2019s nominee shall think fit in\nhis\/her\/its\/their absolute discretion against the joint and\/or\nseveral interest of the Buyer and\/or the Guarantor in any land,\nrealty or asset in favour of the Seller and in the Buyer\u2019s and\/or\nGuarantor\u2019s name as may be necessary to secure the said Buyer\u2019s\nand\/or Guarantor\u2019s obligations and indebtedness to the Seller and\nfurther to do and perform all necessary and other acts including\ninstituting any necessary legal proceedings, and further to execute\nall or any documents in the Seller\u2019s absolute discretion which may\nbe necessary or advantageous to give effect to the provisions of this\nclause.<\/p>\n\n\n\n

13. Intellectual Property<\/strong><\/p>\n\n\n\n

\n13.1\nWhere the Seller has designed or drawn Goods for the Buyer, then the\ncopyright in those designs and drawings shall remain vested in the\nSeller, and shall only be used by the Buyer at the Seller\u2019s\ndiscretion.<\/p>\n\n\n\n

\n13.2\nConversely, in such a situation, where the Buyer has supplied\ndrawings, the Seller in its sale conditions may look for an indemnity\n(the specifications and design of the Goods (including the copyright,\ndesign right or other intellectual property in them) shall as between\nthe parties be the property of the Seller).<\/p>\n\n\n\n

\n13.3\nWhere any designs or specifications have been supplied by the Buyer\nfor manufacture by or to the order of the Seller then the Buyer\nwarrants that the use of those designs or specifications for the\nmanufacture, processing, assembly or supply of the Goods shall not\ninfringe the rights of any third party.<\/p>\n\n\n\n

\n13.4\nThe Buyer warrants that all designs or instructions to the Seller\nwill not cause the Seller to infringe any patent, registered design\nor trademark in the execution of the Buyers order.<\/p>\n\n\n\n

14. Cancellation<\/strong><\/p>\n\n\n\n

\n14.1\nThe Seller may cancel these terms and conditions or cancel delivery\nof Goods and Services at any time before the Goods are delivered by\ngiving written notice. On giving such notice the Seller shall\npromptly repay to the Buyer any sums paid in respect of the Price for\nthose Goods. The Seller shall not be liable for any loss or damage\nwhatsoever arising from such cancellation.<\/p>\n\n\n\n

\n14.2\nAt the Sellers sole discretion the Buyer may cancel delivery of Goods\nand\/or Services. In the event that the Buyer cancels delivery of\nGoods and\/or Services the Buyer shall be liable for any costs\nincurred by the Seller up to the time of cancellation.<\/p>\n\n\n\n

15. Privacy Act 1993<\/strong><\/p>\n\n\n\n

\n15.1\nThe Buyer and the Guarantor\/s (if separate to the Buyer) authorises\nthe Seller to collect, retain and use any information about the\nBuyer, for the purpose of assessing the Buyers creditworthiness or\nmarketing any Goods and Services provided by the Seller to any other\nparty.<\/p>\n\n\n\n

\n15.2\nThe Buyer authorises the Seller to disclose any information obtained\nto any person for the purposes set out in clause 15.1<\/p>\n\n\n\n

\n15.3\nWhere the Buyer is a natural person the authorities under (clause\n15.1 &amp; 15.2) are authorities or\nconsents for the purposes of the Privacy Act 1993.<\/p>\n\n\n\n

16. Buyers Disclaimer<\/strong><\/p>\n\n\n\n

\n16.1\nThe Buyer hereby disclaims any right to rescind, or cancel the\ncontract or to sue for damages or to claim restitution arising out of\nany misrepresentation made to him by any servant or agent of the\nSeller and the Buyer acknowledges that he buys the Goods relying\nsolely upon his own skill and judgement and that the Seller shall not\nbe bound by nor responsible for any term, condition, representation\nor warranty other than the warranty given by the Manufacturer which\nwarranty shall be personal to the Buyer and shall not be transferable\nto any subsequent Buyer.<\/p>\n\n\n\n

17. Contractual Remedies Act<\/strong><\/p>\n\n\n\n

\n17.1\nThe provisions of the Contractual Remedies Act 1979 shall apply to\nthis contract as if Section 15(d) of the Act which states that\nnothing in the Act shall affect the Sale of Goods Act 1908, were\nomitted from the Contractual Remedies Act 1979.<\/p>\n\n\n\n

18. Unpaid Sellers Rights To Dispose Of Goods<\/strong><\/p>\n\n\n\n

\n18.1\nIn the event that:<\/p>\n\n\n\n

\n(a)\nthe Seller retains possession or control of the Goods; and<\/p>\n\n\n\n

\n(b)\npayment of the Price is due to the Seller; and<\/p>\n\n\n\n

\n(c)\nthe Seller has made demand in writing of the Buyer for payment of the\nPrice in terms of this contract; and<\/p>\n\n\n\n

\n(d)\nthe Seller has not received the Price of the Goods,<\/p>\n\n\n\n

\nthen,\nwhether the property in the Goods has passed to the Buyer or has\nremained with the Seller, the Seller may dispose of the Goods and may\nclaim from the Buyer the loss to the Seller on such disposal.<\/p>\n\n\n\n

19. Lien<\/strong><\/p>\n\n\n\n

\n19.1\nWhere the Seller has not received or been tendered the whole of the\nprice, or the payment has been dishonoured, the Seller shall have:<\/p>\n\n\n\n

\n(a)\na lien on the goods;<\/p>\n\n\n\n

\n(b)\nthe right to retain them for the price while the Seller is in\npossession of them;<\/p>\n\n\n\n

\n(c)\na right of stopping the goods in transit whether or not delivery has\nbeen made or ownership has passed; and<\/p>\n\n\n\n

\n(d)\na right of resale,<\/p>\n\n\n\n

\n(e)\nthe foregoing right of disposal,<\/p>\n\n\n\n

\nprovided\nthat the lien of the Seller shall continue despite the commencement\nof proceedings or judgement for the price having been obtained<\/p>\n\n\n\n

20. Consumer Guarantees Act 1993<\/strong><\/p>\n\n\n\n

\n20.1\nThis agreement is subject, in all cases except where the Buyer is\ncontracting within the terms of a trade\/business (which cases are\nspecifically excluded), to the provisions of the Consumer Guarantees\nAct 1993.<\/p>\n\n\n\n

21. Construction Contracts Act 2002<\/strong><\/p>\n\n\n\n

\n21.1\nIn the event that the Buyer is an owner occupier as defined by the\nConstruction Contracts Act 2002 the Buyer hereby expressly\nacknowledges that<\/p>\n\n\n\n

\n(a)\nThe Seller has the right to suspend work within five (5) working days\nof written notice of its intent to do so if a payment claim is served\non the Buyer, and:<\/p>\n\n\n\n

\n(i)\nthe payment is not paid in full by the due date for payment and no\npayment schedule has been given by the Buyer; or<\/p>\n\n\n\n

\n(ii)\na scheduled amount stated in a payment schedule issued by the Buyer\nin relation to the payment claim is not paid in full by the due date\nfor its payment; or<\/p>\n\n\n\n

\n(iii)\nthe Buyer has not complied with an adjudicator\u2019s notice that the\nBuyer must pay an amount to the Seller by a particular date; and<\/p>\n\n\n\n

\n(iv)\nThe Seller has given written notice to the Buyer of its intention to\nsuspend the carrying out of construction work under the construction\ncontract.<\/p>\n\n\n\n

\n(b)\nIf the Seller suspends work, it:<\/p>\n\n\n\n

\n(i)\nis not in breach of contract; and<\/p>\n\n\n\n

\n(ii)\nis not liable for any loss or damage whatsoever suffered, or alleged\nto be suffered, by the Buyer or by any person claiming through the\nBuyer; and<\/p>\n\n\n\n

\n(iii)\nis entitled to an extension of time to complete the contract; and<\/p>\n\n\n\n

\n(iv)\nkeeps its rights under the contract including the right to terminate\nthe contract; and may at any time lift the suspension, even if the\namount has not been paid or an adjudicator\u2019s determination has not\nbeen complied with.<\/p>\n\n\n\n

\n(c)\nIf the Seller exercises the right to suspend work, the exercise of\nthat right does not:<\/p>\n\n\n\n

\n(i)\naffect any rights that would otherwise have been available to the\nSeller under the Contractual Remedies Act 1979; or<\/p>\n\n\n\n

\n(ii)\nenable the Buyer to exercise any rights that may otherwise have been\navailable to the Buyer under that Act as a direct consequence of the\nSeller suspending work under this provision.<\/p>\n\n\n\n

22. General<\/strong><\/p>\n\n\n\n

\n22.1\nIf any provision of these terms and conditions shall be invalid, void\nor illegal or unenforceable the validity existence, legality and\nenforceability of the remaining provisions shall not be affected,\nprejudiced or impaired.<\/p>\n\n\n\n

\n22.2\nAll Goods and Services supplied by the Seller are subject to the laws\nof New Zealand and the Seller takes no responsibility for changes in\nthe law that affect the Goods or Services supplied.<\/p>\n\n\n\n

\n22.3\nThe Seller shall be under no liability whatsoever to the Buyer for\nany indirect loss and\/or expense (including loss of profit) suffered\nby the Buyer arising out of a breach by the Seller of these terms and\nconditions.<\/p>\n\n\n\n

\n22.4\nIn the event of any breach of this contract by the Seller the\nremedies of the Buyer shall be limited to damages. Under no\ncircumstances shall the liability of the Seller exceed the Price of\nthe Goods.<\/p>\n\n\n\n

\n22.5\nNeither party shall be liable for any default due to any act of God,\nterrorism, war, strike, lock out, industrial action, flood, storm or\nother event beyond the reasonable control of either party.<\/p>\n\n\n\n

\n22.6\nThe Buyer shall not set off against the Price amounts due from the\nSeller.<\/p>\n\n\n\n

\n22.7\nThe Seller may license or sub-contract all or any part of its rights\nand obligations without the Buyer\u2019s consent.<\/p>\n\n\n\n

\n22.8\nThe Seller reserves the right to review these terms and conditions at\nany time and from time to time. If, following any such review, there\nis to be any change in such terms and conditions, that change will\ntake effect from the date on which the Seller notifies the Buyer of\nsuch change.<\/p>\n","protected":false},"excerpt":{"rendered":"

1. Definitions 1.1 \u201cSeller\u201d shall mean Flash Limited and its successors and assigns. 1.2 \u201cBuyer\u201d […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-65","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=\/wp\/v2\/pages\/65","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=65"}],"version-history":[{"count":2,"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=\/wp\/v2\/pages\/65\/revisions"}],"predecessor-version":[{"id":320,"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=\/wp\/v2\/pages\/65\/revisions\/320"}],"wp:attachment":[{"href":"https:\/\/flashelectrical.co.nz\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}