Wairau Stone (Referral) Trading Agreement

EFS1 Ltd trading as Wairau Stone– General Terms a Conditions of Trade

1. Definitions
1.1 “Seller” shall mean EFS1 Ltd trading as Wairau Stone
1.2 ‘Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
1.3 Goods shall have the same meaning as in section 2 of the Sale of Goods Act 1 1908 and are Goods supplied by the teller to the buyer (and includes any incidental supply of Services).
1.4 “Services” shall mean all Services supplied by the Seller to the Buyer and includes any advice or recommendations in relation to business management (and includes any incidental supply of Goods).
2. Acceptance
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods or Services and/or acceptance of Goods/Services by the Buyer shall constitute acceptance of the terms and conditions contained herein.
2.2 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Manager of the Seller in writing, and the Seller is not bound by any such unauthorised statements.
2.3 Where more than one buyer has entered into this agreement they shall be jointly and severably liable
2.4 This agreement is subject, in all cases except where the Buyer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Electronic Transactions Act 2002
2.5 The seller reserves the right to sub-contract their services
3. Privacy Act 1993
3.1 The Buyer authorises the Seller to the extent permitted by law to collect, retain and use any information about the Buyer, for the purpose of assessing the Buyer’s creditworthiness, to notify other credit providers of a default by the Buyer, or marketing any Goods and Services provided by the Seller to itself or any other party, 3.2 The Buyer authorises the seller to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Buyer is a natural person the buyer authorities (under clause 3.1 & 3.2) are authorities or consents for the purposes of the Privacy Act 1993
4. Price and Payment
4.1 The Price for any other Goods/Services shall be the Sellers current price at the date of sale.
4.2 Time for payment shall be of the essence and will be stated on the invoice. If no time is stated then payment shall be due fourteen days from the statement date. 4.3 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable.
5. Disclaimer
5.1 The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Buyer
5.2 Any recommendation, information, assistance, or Service provided by the Seller in relation to Goods and/or Services sold by the Seller (or for their use or application) is given in good faith and is believed by the Seller so be appropriate and reliable. However, any advice recommendation, information, assistance or Service provided by the Seller in relation to any Goods and/or Services supplied by the Seller is provided without liability or responsibility on the part of the Seller. Further, the information given by the seller is of a general nature and involves commonly available knowledge. The seller strongly recommends you seek legal advise and consideration on any issues that may be raised by the seller in the delivery of their services
5.3 The Seller also makes no express or implied warranty or statement and expressly negates any implied or expressed warranty (other than as may be imposed by statue) that the Goods and/or Services will be suitable for a particular purpose end use for which the Buyer may use them.
5.4 The Buyer accepts all risk and responsibility for consequences arising from the use of Goods and/or Services, whether singularly or in combination with other products. No claims for consequential damages will be entertained.
5.5 Whilst every care is taken by the Seller in drafting clauses relating to terms of trade for the Buyer, the Sellers liability shall be limited to the price of the Goods and Services provided.
6.0 Default & Consequences of Default
6.1 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s legal costs and disbursements for collection or attempted collection of the defaulted amount calculated on a solicitor and own client basis.
6.2 If for any reason commission fees art not paid within fourteen days of the Sellers account being rendered, then the Seller reserves the right to withhold action on further goods or services until the account is paid in full.
6.3 If the Buyer does not comply with the Seller’s terms of payment then the Seller reserves the right to cancel any outstanding goods or services in the Buyer’s name.
7. Cancellation
7.1 The Seller may cancel this contract at any time by giving written notice. The Seller shall not be liable for any lost or damage whatever arising from such cancellation.
7.2 Subject to clause
7.3 under no circumstances are goods or services able to be refunded.
7.3 The Buyer may cancel purchasing of Goods and/or Services within five (5) working days of the date of this agreement subject to the payment of a cancellation fee of 25% of the Price of the Goods and/or Services.
8 Property
8.1 Any property and/or intellectual property rights contained in the design or manufacture of any Goods or Services remain with the Seller. -
8.2 The Buyer indemnifies and holds harmless the Seller for any claims made against it arising from the Seller’s use of any document, material or information supplied by the Buyer.
8.3 Until such time as the Seller has received or been tendered the whole of the price the property right in any Goods or Services remain with the Seller.
9. Miscellaneous
9.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2 All Goods and Services supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for changes in the law which affect the Goods or Services supplied.
9.3 the Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract,
9.4 The Buyer indemnifies the Seller and agrees that the Seller shall not be a party and/or liable for any action brought against the Buyer or Seller, by any party in relation to any services provided to the Seller to the Buyer
9.5 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Buyer of such change.
9.6 The Buyer shall not set off against the price amounts due from the Seller whether under the applicable contract of sale, or otherwise.

EFS1 trading as; Wairau Stones

48 Diana Drive, Glenfield - Auckland

Phone: (09) 444 0238 Fax: (09) 444 0239 E-mail: info@wairaustone.co.nz