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Terms & Conditions of Trade

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Title Terms & Conditions of Trade
Text / HTML ratio 7 %
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Keywords cloud Seller Client Goods Seller’s payment conditions delivery andor terms Price Act due Client’s time rights date discretion Conditions liable contract
Keywords consistency
Keyword Content Title Description Headings
Seller 113
Client 112
Goods 70
Seller’s 29
payment 24
conditions 23
Headings
H1 H2 H3 H4 H5 H6
2 0 23 20 1 0
Images We found 5 images on this web page.

SEO Keywords (Single)

Keyword Occurrence Density
Seller 113 5.65 %
Client 112 5.60 %
Goods 70 3.50 %
Seller’s 29 1.45 %
payment 24 1.20 %
conditions 23 1.15 %
delivery 22 1.10 %
andor 21 1.05 %
terms 20 1.00 %
Price 16 0.80 %
Act 16 0.80 %
due 16 0.80 %
Client’s 16 0.80 %
time 14 0.70 %
rights 12 0.60 %
date 12 0.60 %
discretion 12 0.60 %
Conditions 11 0.55 %
liable 11 0.55 %
contract 11 0.55 %

SEO Keywords (Two Word)

Keyword Occurrence Density
the Seller 98 4.90 %
the Client 95 4.75 %
of the 86 4.30 %
to the 56 2.80 %
by the 47 2.35 %
the Goods 45 2.25 %
the Seller’s 27 1.35 %
shall be 27 1.35 %
and conditions 18 0.90 %
terms and 18 0.90 %
in the 17 0.85 %
for the 17 0.85 %
or any 16 0.80 %
The Client 15 0.75 %
Seller to 15 0.75 %
the Client’s 13 0.65 %
the Price 13 0.65 %
The Seller 13 0.65 %
any other 13 0.65 %
on the 12 0.60 %

SEO Keywords (Three Word)

Keyword Occurrence Density Possible Spam
by the Seller 24 1.20 % No
to the Client 23 1.15 % No
of the Goods 19 0.95 % No
terms and conditions 18 0.90 % No
the Seller to 15 0.75 % No
by the Client 14 0.70 % No
to the Seller 12 0.60 % No
of the Seller 12 0.60 % No
these terms and 11 0.55 % No
of the Client 11 0.55 % No
the Goods shall 9 0.45 % No
the right to 8 0.40 % No
the Seller shall 8 0.40 % No
the Seller and 8 0.40 % No
the Client is 8 0.40 % No
in accordance with 7 0.35 % No
Seller to the 7 0.35 % No
the Client and 7 0.35 % No
Seller’s sole discretion 6 0.30 % No
the Client or 6 0.30 % No

SEO Keywords (Four Word)

Keyword Occurrence Density Possible Spam
these terms and conditions 11 0.55 % No
the Seller to the 7 0.35 % No
by the Seller to 7 0.35 % No
Seller to the Client 7 0.35 % No
supplied by the Seller 6 0.30 % No
the Seller’s sole discretion 6 0.30 % No
delivery of the Goods 6 0.30 % No
the Goods shall be 5 0.25 % No
At the Seller’s sole 5 0.25 % No
of the Goods shall 5 0.25 % No
the Contractual Remedies Act 5 0.25 % No
the terms and conditions 5 0.25 % No
Client andor the Guarantor 5 0.25 % No
Terms Conditions of Trade 5 0.25 % No
in respect of the 4 0.20 % No
Seller and the Client 4 0.20 % No
of these terms and 4 0.20 % No
for the purposes of 4 0.20 % No
Contractual Remedies Act 1979 4 0.20 % No
the Client andor the 4 0.20 % No

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Ultimate - Security Fencing - Fences & Walls - Heritage Group LTD T/A Heritage Gates & Fences
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Terms & Conditions of Trade   Shopping Cart    0800 428 379     HomeWell-nighPrivacy & Legal PoliciesTerms & Conditions of TradePromotion Terms & ConditionsTestimonials & Customer SurveyWarranty & Servicing Gates Wooden GatesAluminium Gates - Solid InfillAluminium Gates - Open InfillCustom Designed Gates Fences Wooden FencesAluminium FencesWall SystemsSecurity FencingSports & Recreational FencingPool FencingKit-Set Fences (Ready to Assemble)Hamburg TG&V Kitset FencingBremen Vertical Paling Kitset FencingFrankfurt Horizontal Paling Kitset FencingNuremberg Picket Kitset FencingHanover Weatherboard Kitset FencingDresden Coloursteel Kitset FencingBerlin Rough Sawn Timber FencingDesigner Motifs & Fences AutomationTrapsTimber & Metal PostsFeature Posts & PillarsPost Caps & TopsClassic Post TopsReplica Post CapsContemporary Post CapsFence PalingsTG&V PalingsSquare Dressed PalingsRadius Edge PalingsCapping RailsHomestyle CappingCity CappingUrban CappingMetro CappingEstate CappingLetterboxesPillar Letter BoxesFence Mounted Letter BoxesLetter Box AccessoriesSkirting BoardsRadiused SkirtingBeveled Skirting Visualiser Gallery Contact UsWell-nighPrivacy & Legal Policies Terms & Conditions of Trade Promotion Terms & Conditions Testimonials & Customer Survey Warranty & Servicing Questions? Feedback? powered by Olark live yack software Home >Well-nigh> Terms & Conditions of Trade Terms & Conditions of Trade Privacy & Legal Policies | Terms & Conditions of Trade | Promotion Terms & Conditions | Testimonials & Customer Survey | Warranty & Servicing 1. Definitions 1.1 “Seller” shall midpoint Heritage Group Limited T/A Heritage Gates & Fences, Classic Gates, Fentec, or Euratec and its successors           and assigns. 1.2 “Client” shall midpoint theVendeeor any person vicarial on behalf of and with the validity of the Client. 1.3 “Guarantor” ways that person (or persons), or entity that agrees herein to be liable for the debts of theVendeeon a principal debtor       basis. 1.4 “Goods” shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are goods supplied by the Seller to the          Vendee(and where the context so permits shall include any supply of Services as hereinafter defined). 1.5 “Services” shall midpoint all services supplied by the Seller to theVendeeand includes any translating or recommendations (and where the         context so permits shall include any supply of Goods as specified above). 1.6 “Price” shall midpoint the forfeit of the Goods as well-set between the Seller and theVendeesubject to clause 4 of this contract.   2.  Visa2.1 Any instructions received by the Seller from theVendeefor the supply of Goods and/or the Client’s visa of Goods supplied by       the Seller shall constitute visa of the terms and conditions contained herein. 2.2 Where increasingly than oneVendeehas entered into this agreement, the Clients shall be jointly and severally liable for all payments of the       Price. 2.3 Upon visa of these terms and conditions by theVendeethe terms and conditions are irrevocable and can only be rescinded         in vibrations with these terms and conditions or with the written consent of the manager of the Seller. 2.4 None of the Seller’s teachers 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 unseat by any such unauthorised statements.   3. Goods / Services 3.1 The Goods and/or Services are as described on the invoices, quotation, work authorisation or any other work prelude               forms as provided by the Seller to the Client.   4. Price And Payment 4.1 At the Seller’s sole discretion the Price shall be either; (a)  as indicated on invoices provided by the Seller to theVendeein respect of Goods supplied; or (b)  Seller’s quoted Price (subject to clause 4.2) which shall be tightness upon the Seller provided that theVendeeshall winnow in writing         the Seller’s quotation within twenty-eight (28) days. 4.2 Any variation from the plan of scheduled works or specifications will be charged for on the understructure of the Seller’s quotation and will be       shown as variations on the invoice.  Payment for all variations must be made in full at their time of completion. 4.3 At the Seller’s sole discretion a petrifaction may be required. The petrifaction value or percentage of the Price will be stipulated at the           time of the order of the Goods and shall wilt immediately due and payable. 4.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms.  If no         time is stated then payment shall be on wordage of the Goods.  4.5 The Seller may withhold wordage of the Goods until theVendeehas paid for them, in which event payment shall be made surpassing the         wordage date. 4.6 At the Seller’s sole discretion, payment for tried Client’s shall be due twenty (20) days pursuit the end of the month in which       a statement is posted to the Client’s write or write for notices. 4.7 At the Seller’s sole discretion, for unrepealable tried Clients payment will be due seven (7) days pursuit the stage of the invoice. 4.8 Payment will be made by mazuma on delivery, or by cheque, or by wall cheque, or by credit vellum (American Express and DinersVellum      not accepted), or by uncontrived credit, or by any other method as well-set to between theVendeeand the Seller. 4.9 The Price shall be increased by the value of any GST and 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.WordageOf Goods 5.1Wordageof the Goods shall be made to the Client’s address. TheVendeeshall make all arrangements necessary to take wordage of         the Goods whenever they are tendered for delivery, or wordage of the Goods shall be made to theVendeeat the Seller’s address. 5.2Wordageof the Goods to a carrier, either named by theVendeeor lightweight such naming to a carrier at the discretion of the Seller for the       purpose of transmission to the Client, is deemed to be a wordage of the Goods to the Client. 5.3 The financing of transport and any insurance which theVendeereasonably directs the Seller to incur, shall be reimbursed by theVendee      (without any set-off or other withholding whatever) and shall be due on the stage for payment of the Price. The carrier shall be deemed       to be the Client’s agent.  5.4 Where there is no try-on that the Seller shall send the Goods to the Client, wordage to a carrier at limited carrier’s risk at the           expense of theVendeeis deemed to be wordage to the Client. 5.5 The Seller may unhook the Goods by separate installments (in vibrations with the well-set wordage schedule). Each separate               installment shall be invoiced and paid for in vibrations with the provisions in this contract of sale. 5.6 Delivery of the Goods to a third party nominated by theVendeeis deemed to be wordage to theVendeefor the purposes of this                   agreement. 5.7 TheVendeeshall take wordage of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less           than the quantity purchased provided that; (a)  such discrepancy in quantity shall not exceed 5%, and (b)  the Price shall be adjusted pro rata to the discrepancy. 5.8 The failure of the Seller to unhook shall not entitle either party to treat this contract as repudiated. 5.9 The Seller shall not be liable for any loss or forfeiture whatever due to failure by the Seller to unhook the Goods (or any of them)              promptly or at all.   6. Risk 6.1  If the Seller retains title to the Goods nonetheless all risk for the Goods passes to theVendeeon delivery. 6.2 If any of the Goods are damaged or destroyed prior to title to them passing to the Client, the Seller is entitled, without prejudice to        any of its other rights or remedies under these terms and conditions (including the right to receive payment of the wastefulness of the          Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has        become payable under these terms and conditions. The production of these terms and conditions by the Seller is sufficient      evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make      further enquiries.   7. Defects/Returns 7.1 TheVendeeshall inspect the Goods on wordage and shall within seven (7) days of wordage notify the Seller of any so-called defect,            shortage in quantity, forfeiture or failure to comply with the unravelment or quote.  TheVendeeshall sire the Seller an opportunity to i      inspect the Goods within a reasonable time pursuit wordage if theVendeebelieves the Goods are needing in any way.  If theVendee     shall goof to comply with these provisions the Goods shall be conclusively presumed to be in vibrations with the terms and                  conditions and self-ruling from any defect or damage. 7.2 For needing Goods, which the Seller has well-set in writing that theVendeeis entitled to reject, the Seller’s liability is limited to              either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that: (a)  theVendeehas complied with the provisions of clause 7.1; (b)  the Goods are returned at the Client’s forfeit within fourteen (14) days of the wordage date; (c)  the Seller will not be liable for Goods which have not been stored or used in a proper manner; (d)  the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction             material in as new condition as is reasonably possible in the circumstances. 7.3 Goods made to special order,Vendeespecification or non-catalogue items are under no circumstances winning for credit or              return.Receiptof orders for special or non-catalogue items will definitely not be accepted, once these orders are in production. 7.4 The Seller may (in its discretion) winnow hardware for credit but this may incur a restocking fee of 20% of the value of the returned         Goods plus any freight.   8. Warranty 8.1 The conditions workable to the warranty given on Goods supplied by the Seller are contained on the “Warranty Card” that will be         supplied with the Goods. Warranty: 8.2 Subject to the conditions of Warranty set out under the Seller’s Warranty the Seller warrants that if any defects In any workmanship of the Seller becomes unveiled and is reported within five (5) years of the stage of invoice (time stuff of essence), then the Seller will either (at the Seller’s sole discretion) repair the defect or remedy the workmanship. Automation and Hardware has a 2 year warranty, unless specified by the supplier.   8.3)  The Conditions workable to the warranty given are: (A)   The warranty shall not imbricate repainting or rehanging or any defect or forfeiture which may be partly caused by or upspring through:     a) Failure on the part of the vendee to properly maintain the goods; or     b) Failure on the part of the vendee to follow instructions or guidelines provided by the Seller; or     c) Any use of goods otherwise than for any applications specified on a quote or order form; or     d) The unfurled use of any goods without any defects becomes unveiled or would have wilt unveiled to a reasonable prudent               operator or user; or     e) The use of inadequate hardware; or      f) Where will-less gate openers are fitted to gates with a frame size less than 70mm in thickness; or     g) They have not been exposed to weather conditions prior to protective coatings (approved by the seller) have been unromantic with a             minimum light reflectance value of 60% have been applied; or     h) Fair wear and tear, vandalism, climatic conditions, any wrecking or act of God; or     i) A Warranty form has been completed and returned to the Seller  by the client, the client’s installer or the Sellers  re-seller within          three (3) months of the wordage date; or     j) The claimant is the original vendee or the vendee of the Sellers re-seller. (B) The warranty shall closure and the seller shall thereafter in no circumstances be liable under the terms of warranty if the workmanship is repaired, unsimilar or overhauled without the sellers consent. (C) In respect of all claims the seller shall not be liable to recoup the vendee for any wait in either replacing or repairing the workmanship/goods or in assessing the clients claim.   Maintenance: 8.3  As per Warranty section 1.2 (A) a, the goods need to be maintained on a regular basis. It is recommended that all products; A) Should be washed lanugo with a washing wage-earner that is tried by the coating manufacturer on a 4-6 monthly basis, or 2-3 monthly        basis in upper exposure areas. B) Any scratches or markings are repaired immediately with a coating of like type to that originally applied. C) All protective coatings are maintained in vibrations with the paint/stain manufacturer’s recommendation. a) Resene Paints (if a full 4 stratify Heritage tried system, whilom 60% LRV  has been applied  prior to stuff exposed to the weather) it is recommended that products are repainted on a 5 yearly basis, but dependent upon colour and exposure to the elements. b) Dryden’s, CD50 or Woodsman penetrating wood-oil’s   should have spare coats unromantic once the surface exhibits signs of losing sufficiency to teardrop water or colour tone is fading. c) Sikken’s exterior stains (if a full 3 or 4 stratify system of either “3-4 x coats of HLS” or “1 x stratify of HLS and 2-3 coats of Filter-7” has been unromantic prior to exposure to the weather) that spare maintenance coats should be unromantic in vibrations to stain manufacturers specification within 3-4 years or for upper exposure applications 2-3 years.    If you have chosen a variegated system to what is mentioned in clauses a, b & c whilom we teach that you contact the coating manufacturer for advice. D)Will-lessgate openers, intercoms and traps should be serviced on a yearly basis. E) Hinging and latching on gates to areas that are serving as security measures or child restraints to pool areas should be checked yearly to ensure full safety and security functions are operational.   9. Default & Consequences Of Default 9.1 Interest on overdue invoices shall stockpile from the stage when payment becomes due daily until the stage of payment at a rate of            2.5% compounding per timetable month and shall stockpile at such a rate without as well as surpassing any judgement. 9.2 If theVendeedefaults in payment of any invoice when due, theVendeeshall indemnify the Seller from and versus all of the Seller’s         financing and disbursements including on a solicitor and own vendee understructure and in wing all of the Seller’s nominees financing of collection. 9.3 Without prejudice to any other remedies the Seller may have, if at any time theVendeeis in violate of any obligation (including those       relating to payment), the Seller may suspend or terminate the supply of Goods to theVendeeand any of its other obligations under         the terms and conditions. The Seller will not be liable to theVendeefor any loss or forfeiture theVendeesuffers considering the Seller             exercised its rights under this clause. 9.4 If any worth remains unpaid at the end of the second month without supply of the Goods or Services the pursuit shall apply:  An        immediate value of the greater of $20.00 or 10.00% of the value overdue shall be levied for wardship fees which sum shall      become immediately due and payable in wing to the interest payable under clause 9.1 hereof. 9.5 In the event that: (a)  any money payable to the Seller becomes overdue, or in the Seller’s opinion theVendeewill be unable to meet its payments as they       fall due, or; (b)  theVendeebecomes insolvent, convenes a meeting with its creditors or proposes or enters into an wattle with creditors, or          makes an work for the goody of its creditors, or; (c)  a receiver, manager, liquidator (provisional or otherwise) or similar person is scheduled in respect of theVendeeor any windfall of the           Client, then without prejudice to the Seller’s other remedies at law: (i)   the Seller shall be entitled to cancel all or any part of any order of theVendeewhich remains unperformed in wing to and without         prejudice to any other remedies; and (ii)  all amounts owing to the Seller shall, whether or not due for payment, immediately wilt due and payable.   10. Title 10.1 It is the intention of the Seller and well-set by theVendeethat property in the Goods shall not pass until: (a)   TheVendeehas paid all amounts owing for the particular Goods, and (b)   TheVendeehas met all other obligations due by theVendeeto the Seller in respect of all contracts between the Seller and the Client,        and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until the Seller shall have received payment and        all other obligations of theVendeeare met. 10.2 Receipt by the Seller of any form of payment other than mazuma shall not be deemed to be payment until that form of payment has          been honoured, cleared or recognised and until then the Seller’s ownership of rights in respect of the Goods shall continue. 10.3 It is remoter well-set that: (a)   Until such time as ownership of the Goods shall pass from the Seller to theVendeethe Seller may requite notice in writing to the              Vendeeto return the Goods or any of them to the Seller.  Upon such notice the rights of theVendeeto obtain ownership or any other          interest in the Goods shall cease. (b)   If theVendeefails to return the Goods to the Seller then the Seller or the Seller’s wage-earner may enter upon and into land and premises       owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take                  possession of the Goods, without stuff responsible for any forfeiture thereby caused.   11. Personal Property Securities Act 1999 (“PPSA”) 11.1 Upon assenting to these terms and conditions in writing theVendeeacknowledges and agrees that: (a)    these terms and conditions constitute a security try-on for the purposes of the PPSA; and (b)    a security interest is taken in all Goods previously supplied by the Seller to theVendee(if any) and all Goods that will be supplied           in the future by the Seller to theVendeeduring the duration of the parties relationship. 11.2  TheVendeeundertakes to: (a)    sign any remoter documents and/or provide any remoter information, such information to be complete, well-judged and up-to-date in all         respects, which the Seller may reasonably require to register a financing statement or financing transpiration statement on the         Personal Property Securities Register; (b)   indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement or financing                  change statement on the Personal Property Securities Register or releasing any Goods charged thereby; (c)   not register a financing transpiration statement or a transpiration demand without the prior written consent of the Seller; (d)   requite the Seller not less than fourteen (14) days prior written notice of any proposed transpiration in the Client’s name and/or any other          change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or merchantry                     practice);        and (e)   immediately teach the Seller of any material transpiration in its merchantry practices of selling the Goods which would result in a transpiration        in the nature of proceeds derived from such sales. 11.3 The Seller and theVendeeagree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall wield to these Terms and                  Conditions. 11.4 TheVendeewaives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA. 11.5 Unless otherwise well-set to in writing by the Seller, theVendeewaives its right to receive a verification statement in vibrations with        section 148 of the PPSA. 11.6 TheVendeeunconditionally ratifies any deportment taken by the Seller under clauses 11.1 to 11.5. under and by virtue of the power of          attorney given by theVendeeto the Seller.   12. Security & Charge  12.1   Despite anything to the undisciplined contained herein or any other rights which the Seller may have howsoever: (a)     Where theVendeeand/or the Guarantor (if any) is the owner of land, realty or any other windfall capable of stuff charged, both the            Client and/or the Guarantor stipulate to mortgage and/or tuition all of their joint and/or several interest in the said land, realty or any          other windfall to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under the terms            and conditions.  TheVendeeand/or the Guarantor unclose and stipulate that the Seller (or the Seller’s nominee) shall be entitled          to lodge where towardly a caveat, which caveat shall be released once all payments and other monetary obligations payable            here under have been met. (b)   Should the Seller elect to proceed in any manner in vibrations with this clause and/or its sub-clauses, theVendeeand/or                    Guarantor shall indemnify the Seller from and versus all the Seller’s financing and disbursements including legal financing on a solicitor          and own vendee basis. (c)   To requite effect to the provisions of clause [11, 12.1(a) to (b)] inclusive hereof theVendeeand/or the Guarantor (if any) do hereby               irrevocably nominate constitute and sublease the Seller or the Seller’s nominee as the Client’s and/or Guarantor’s true and lawful           attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Seller         and/or the Seller’s nominee shall think fit in his/her/its/their wool discretion versus the joint and/or several interest of theVendee      and/or the Guarantor in any land, realty or windfall in favour of the Seller and in the Client’s and/or Guarantor’s name as may be               necessary to secure the said Client’s and/or Guarantor’s obligations and indebtedness to the Seller and remoter to do and perform         all necessary and other acts including instituting any necessary legal proceedings, and remoter to execute all or any documents in         the Seller’s wool discretion which may be necessary or worthwhile to requite effect to the provisions of this clause.   13. Intellectual property 13.1 Where the Seller has designed or drawn Goods for the Client, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by theVendeeat the Seller’s discretion. 13.2 TheVendeewarrants that all designs or instructions to the Seller will not rationalization the Seller to infringe any patent, registered diamond or trademark in the execution of the Client’s order.   14.Receipt14.1 The Seller may cancel these terms and conditions or cancel wordage of Goods and Services at any time surpassing the Goods are              delivered by giving written notice.  On giving such notice the Seller shall promptly repay to theVendeeany sums paid in respect of          the Price for those Goods.  The Seller shall not be liable for any loss or forfeiture whatsoever welling from such cancellation. 14.2 At the Seller’s sole discretion theVendeemay cancel wordage of Goods and/or Services. In the event that theVendeecancels                  delivery of Goods and/or Services theVendeeshall be liable for any financing incurred by the Seller up to the time of cancellation.   15. Privacy Act 1993 15.1 TheVendeeand the Guarantor/s (if separate to the Client) authorises the Seller to: (a)   collect, retain and use any information well-nigh the Client, for the purpose of assessing the Client’s creditworthiness or marketing            products and services; and (b)   to unroll information well-nigh the Client, whether placid by the Seller from theVendeedirectly or obtained by the Seller from any       other source, to any other credit provider or any credit reporting organ for the purposes of providing or obtaining a credit reference,       debt hodgepodge or  notifying a default by the Client. 15.2 Where theVendeeis a natural person the authorities under (clause 15.1) are authorities or consents for the purposes of the Privacy       Act 1993. 15.3 TheVendeeshall have the right to request the Seller for a reprinting of the information well-nigh theVendeeretained by the Seller and the             right to request the Seller to correct any incorrect information well-nigh theVendeeheld by the Seller.   16. Client’s Disclaimer 16.1 TheVendeehereby disclaims any right to rescind, or cancel the contract or to sue for damages or to requirement restitution welling out of       any misrepresentation made to him by any servant or wage-earner of the Seller and theVendeeacknowledges that he buys the Goods             relying solely upon his own skill and judgement.   17. Contractual Remedies Act 1979 17.1 The provisions of the Contractual Remedies Act 1979 shall wield to this contract as if section 15(d) of the Contractual Remedies          Act which states that nothing in the Contractual Remedies Act shall stupefy the Sale of Goods Act 1908, were omitted from the              Contractual Remedies Act 1979.   18. Unpaid Seller’s Rights  18.1 Where theVendeehas left any item with Seller for repair, modification, mart or for the Seller to perform any other Service in            relation to the item and Seller has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Seller shall have: (a)   a lien on the item; (b)   the right to retain the item for the Price while the Seller is in possession of them; (c)   a right of resale, (d)   the foregoing right of disposal,       provided that the lien of the Seller shall protract despite the prelude of proceedings or judgement for the Price having been       obtained.   19. Consumer Guarantees Act 1993 19.1 This try-on is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where theVendeeis                    contracting within the terms of a trade/business (which cases are specifically excluded).   20. Construction Contracts Act 2002  20.1 In the event that theVendeeis a residential occupier as specified by the Construction Contracts Act 2002 theVendeehereby                      expressly acknowledges that: (a)   The Seller has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment requirement is            served on the Client, and: (i)    the payment is not paid in full by the due stage for payment and no payment schedule has been given by the Client; or (ii)   a scheduled value stated in a payment schedule issued by theVendeein relation to the payment requirement is not paid in full by the           due stage for its payment; or (iii)  theVendeehas not complied with an adjudicator’s notice that theVendeemust pay an value to the Seller by a particular date; and (iv)  The Seller has given written notice to theVendeeof its intention to suspend the delivering out of construction work under the                     construction contract. (b)  If the Seller suspends work, it: (i)   is not in violate of contract; and (ii)  is not liable for any loss or forfeiture whatsoever suffered, or so-called to be suffered, by theVendeeor by any person ultimatum through         the Client; and (iii)  is entitled to an extension of time to well-constructed the contract; and (iv)  keeps its rights under the contract including the right to terminate the contract; and may at any time lift the suspension, plane if the       value has not been paid or an adjudicator’s determination has not been complied with. (c)  If the Seller exercises the right to suspend work, the exercise of that right does not: (i)   stupefy any rights that would otherwise have been misogynist to the Seller under the Contractual Remedies Act 1979; or (ii)  enable theVendeeto exercise any rights that may otherwise have been misogynist to theVendeeunder that Act as a uncontrived                         magnitude of the Seller suspending work under this provision.   21. General 21.1 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. 21.2 All Goods and Services supplied by the Seller are supplied subject to the laws of New Zealand and the Seller takes no                        responsibility for changes in the law that stupefy the Goods or Services supplied. 21.3 The Seller shall be under no liability whatsoever to theVendeefor any indirect loss and/or expense (including loss of profit) suffered         by theVendeearising out of a violate by the Seller of these terms and conditions. 21.4 In the event of any violate of this contract by the Seller the remedies of theVendeeshall be limited to damages. Under no                      circumstances shall the liability of the Seller exceed the Price of the Goods. 21.5 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or        other event vastitude the reasonable tenancy of either party. 21.6 TheVendeeshall not set off versus the Price amounts due from the Seller. 21.7 The Seller may license or sub-contract all or any part of its rights and obligations without the Client’s consent. 21.8 The Seller reserves the right to review these terms and conditions at any time and from time to time.  If, pursuit any such review,        there is to be any transpiration in such terms and conditions, that transpiration will take effect from the stage on which the Seller notifies the          Client of such change.     ABOUT US We are the only visitor in NZ that manufactures, imports and offers the well-constructed package of timber, aluminium and galvanised steel gates, fencing and wangle solutions for residential through to commercial properties nationwide... ReadIncreasingly> LinkedIn | Facebook | Instagram     Home Back to top Sitemap Privacy Policy Terms and Conditions Contact Us WebsiteDiamondby Zeald :: © Copyright 2013-2018 Heritage Gates & Fences. 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