Terms of Service

Hammer Metalworks Ltd Terms & Conditions of Trade

1. Definitions

1.1 “Seller” shall mean Hammer Metalworks Ltd its successor’s and assigns or any person acting on behalf of and with the authority of Hammer Metalworks Ltd.
1.2 “Client” shall mean the Client or any person acting on behalf of and with the authority of the Client.
1.3 “Goods” shall have the same meaning as in section 2 of the Sale of Good Act 1908 and are the Sale of Goods supplied by the Seller to the Client (and includes any incidental supply of Services).
1.4 “Services” shall mean all Services supplied by the Seller to the Client and includes any advice and recommendations (and where the contexts so permits shall include any supply of Goods as defined supra).
1.5 “Price” shall mean the cost of the goods agreed between the Seller and Client subject clause 4 of this contract.

2. Acceptance

2.1 Any instructions by the Seller from the Client for the supply of Goods/Services shall constitute acceptance the Terms and Conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally be liable for all payments of the Price.
2.3 Upon acceptance of these Terms and Conditions by the Client the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions with the written consent of the Seller.
2.4 None of the Sellers agents or Representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.

3. Goods/service

3.1 The Goods and or Services are described on the invoices, quotation or any commencement forms as provided by the Seller to Client.

4. Price And Payment

4.1 The method of payment shall be made by cash, cheque, bank cheque or direct credit or by any other agreed between the Seller and the Client.
4.2 Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed by the General Manager or his appointee) shall be received on or the before the 20th following the date of the Sellers invoice to the Client.
4.3 The Client shall not be entitled to withhold payment or to make any deductions from or offset against the Contract Price without the prior or written consent of the Seller. The Client waives the right to withhold payment pending the resolution of any dispute between the Client and Seller.
4.4 The price shall be increased by the amount of GST and any other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.

5. Privacy Act

5.1 The Client and the Guarantors (if separate from the Client) authorises the Seller to collect, retain and use any information about the Client for the purpose of assessing the Clients creditworthiness.
5.2 The Client authorises the Seller to disclose any information obtained to any person for the purpose set out in clause 5.1.
5.3 Where the Buyer is a natural person the authorities under (clause 5.1 and 5.2) are authorities or consents for purpose of the Privacy Act 1993.

6. Cancellation

6.1 The Seller may cancel this contract or cancel the delivery of Goods/Services at any time before the goods are delivered by given written notice. The Seller shall not be liable for any loss or damage from cancellation.
6.2 At the Sellers sole discretion the Client may cancel delivery of the Goods/Service. In the event that the Client cancels delivery of the Goods/Services the Client shall be liable for any costs incurred by Seller up to the time of cancellation.

7. Default And Consequenses Of Default

7.1 If the Client defaults in any payment of invoice when due, the Client shall indemnify the Seller from and against all of the Sellers legal costs and disbursements including on a solicitor and own client basis and in addition all of the Seller nominees cost of collection.
7.2 Interest on overdue invoices shall accrue from the date when payment becomes due daily until payment at a compounding rate of 2.5% per calendar month and shall accrue at such a rate as well before any judgement.
7.3 Without prejudice to any other remedies the Seller may have, if any time this Client is in breach of any obligation (including those relating to payment) the Seller may suspend or terminate the supply Goods/Services to the Client and any of its obligations under the terms and conditions. The Seller will not be liable to the Client for any loss or damage the Client suffers because the Seller exercised its rights under this clause.

8. Buyers Disclaimer

8.1 The Client hereby disclaims any right to rescind or cancel the contract or sues for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller to the Client and the Client acknowledges that he buys the Goods/Services relying solely upon his own skill and judgement. However any advice, recommendations or service provided by the Seller in relation to the Goods/Service supplied by the Seller is provided without liability or responsibility on the part of the Seller.
8.2 Whilst every care is taken by the Seller in drafting terms of trade for the Client, the Sellers liability shall be limited to the invoice price of the terms of trade.

9. Intellectual Property

9.1 Any intellectual rights contained in the design or manufacture of the Goods/Services, remain with the Seller.
9.2 The Client warrants that they hold the necessary intellectual property rights in any document or material that are supplied to the Seller for its provision of Goods/Services and that there is or will be no infringement of any rights or entitlements held by a third party and further the Client indemnifies and holds harmless the Seller for any claims made against it arising from the Sellers use of any document, material or information supplied by the Client.

10. General

10.1 If any provisions of these Terms and Conditions shall be invalid or void or illegal or unenforceable the validity existence legality and enforceability of the remaining provisions shall not be affected prejudiced or impaired.
10.2 The Seller shall be under no liability whatsoever to the Client for any indirect loss and or expense (including loss of profit) suffered by the Client arising out of a breach by the Seller of these Terms and Conditions.
10.3 All Goods/Services supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for changes in law that affect the Goods/Services supplied.
10.4 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lockout, industrial action, flood, earthquake or any other event beyond the reasonable control of either party.
10.5 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 a change in such Terms and Conditions that change will affect from the date on which the Seller notifies the Client of such change.