General Terms and Conditions
1. THESE TERMS These terms apply whenever any Asnet Technologies Limited company provides services of any kind or carries out anything else for Asnet Technologies Limited business customers or other non-residential customers except where a separate written agreement covers other services we provide;
1.1. In these terms, we have used “we” or “us” for the Asnet Technologies Limited company providing services for you.
1.2. “You” for the customer and “service” or “services” to cover all goods and services of any kind we provide and anything else we do.
Except as otherwise set forth in these Terms and Conditions, these Terms and Conditions may only be modified by a written agreement duly signed by authorized representatives of both parties, and variance from or addition to the provisions of these Terms and Conditions in any order or other written notification will be of no effect.
Any notices required or permitted to be given hereunder shall be in writing (either fax or letter) and effective when received by a party at the address as the receiving party has last notified to the other party by prior written notice.
1.3. In the case of Asnet Technologies Limited such address, unless otherwise notified in writing, shall be as follows:
Asnet Technologies Limited
PO Box 7447 Wellesley Street, AUCKLAND 1141
Facsimile (09) 303 3498
If any provision of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the remaining terms of these Terms and Conditions shall in no way be affected or impaired.
The waiver by either party of a breach of any provision of these Terms and Conditions shall not be construed as a waiver of any subsequent breach.
You may not assign any or all of your rights or obligations under these Terms and Conditions including by purchase, merger or operation of law, without the prior written consent of Asnet Technologies Limited, which consent shall not be unreasonably withheld.
1.4. Any attempted assignment or transfer in violation of this provision shall be null and void.
1.5. Asnet Technologies Limited may assign its rights and obligations under these Terms and Conditions without prior written consent or notice.
Save as expressly provided, no term or provision of these Terms and Conditions or a Service Program shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees).
The Customer acknowledges that Asnet Technologies Limited has trained personnel who perform Services and has made an investment in such personnel.
1.6. Therefore, at no time during the term of a Service Program or for one year thereafter, will the Customer directly or indirectly either offer employment to or hire any Asnet Technologies Limited employees who perform Services on behalf of Asnet Technologies Limited without Asnet Technologies Limited’s express prior written consent.
In performing the Services, Asnet Technologies Limited shall be deemed to be an independent contractor and its personnel and representatives shall not act as nor be Customer’s agents or employees. Asnet Technologies Limited shall have complete charge and responsibility for personnel employed or engaged by Asnet Technologies Limited.
2.1. The price for the goods and services will be as quoted in writing by Asnet Technologies Limited to the customer. In the absence of a written quote, Asnet Technologies Limited’s standard charge applies.
2.2. All quotes and charges are expressed as exclusive of GST and GST will be payable by the customer in addition to such payment.
2.3. All freight, couriers, travel costs, and any other charges in relation to the service provided will be in addition to the quoted price and will be payable by the customer.
2.4. Where Asnet Technologies Limited organises services with other businesses on your behalf, an additional fee may apply
2.5. Payment for all goods and services must be made by the customer to Asnet Technologies Limited on the 20th of the following month of Asnet Technologies Limited’s invoice. Asnet Technologies Limited may at its option issue a monthly interim invoice for work where the delivery of services is over a period exceeding one month.
2.6. Asnet Technologies Ltd reserves the right to request part payment or complete payment upon receipt of the order.
2.7. If the customer fails to make payment on the due date Asnet Technologies Limited reserves the right to impose a late penalty fee calculated at 8% of the total balance outstanding by the customer.
2.8. Any expenses, disbursements and legal costs incurred by Asnet Technologies Limited in the enforcement of any rights contained in these terms of trade will be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
3. TRANSLATIONS These Terms and Conditions may have been translated into various languages for the convenience of Asnet Technologies Limited’s Customers. While the translation is correct to the best of Asnet Technologies Limited’s knowledge, Asnet Technologies Limited is not responsible or liable in the event of an inaccuracy.
3.1. English is the controlling language of these Terms and Conditions, and any translation has been prepared for you as a courtesy only.
In the event of a conflict between the English-language version of these Terms and Conditions and a version that has been translated into another language, the English-language version of these Terms and Conditions shall control.
4. CONFIDENTIALITY Both parties must each keep confidential all information about each other which is, in its nature, or is advised by the other party in writing to be, confidential and which comes into our respective possession.
5. DISCLOSURE Neither party is permitted to disclose any confidential information about the other without the prior consent of the other unless:
5.1. That information has become publicly available other than by reason of a party’s breach of confidentiality; or
5.2. Disclosure is required by law; or
5.3. Disclosure is to any other person participating, or potentially participating, in the funding, discounting or assignment of the equipment of this Agreement; or
5.4. Disclosure is required in order to exercise a right or remedy under this Agreement.
6. OUR CHARGES You must pay for the services we provide or which are provided by a service provider approved by us for you no matter who uses them. Most charges are payable monthly.
6.1. We may change our charges from time to time.
6.2. Where we increase any charges for any of our services we will provide you with a minimum of 10 working days’ notice or wherever possible one month’s notice of these changes.
6.3. We will tell you about any such changes by emailing or writing to you and by publishing the changes on our website.
We may at any time require you to:
6.4. Satisfy us that you will be able to pay our charges
6.5. Give us a fair bond, guarantee or other security.
7. BILLING Our bills are based on records. Please let us know within five days of receipt of invoice if you think there is a mistake in your bill. We will investigate the matter straight away. While we are doing this, you do not need to pay the queried part of the bill by the due date for payment. You must not set-off or deduct any amount in any other circumstances.
If there is no mistake, and If the due date for payment has already passed:
7.1. You must pay the amount outstanding straight away.
If you do not pay a bill by the due date for payment:
7.2. We may charge you interest on the unpaid amount from that date until you pay it;
7.3. The interest rate will be charged as per current market rate
7.4. You may be required to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights;
7.4.1. Including commissions and legal costs on a solicitor and client basis
7.5. We may withhold, suspend or restrict any service we provide for you.
8. OUR RIGHTS TO RECOVER EXPENSES FROM YOU Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.
9. SENDING BILLS AND NOTICES We will send bills and other notices to the last address you have given us. We can assume any bill or notice we send by post has been delivered five days after we post it.
9.1. Please tell us if you change your address.
10. FORCE MAJEURE Asnet Technologies Limited will not be liable for delay of failure to perform its obligations if the delay is caused by circumstances beyond its control including, but not limited to, acts of God, civil or military authority, civil disturbance, riot, fire, strikes, lockouts or slowdowns, factory or labour conditions, inability to obtain necessary labour, delayed issuance of export control licenses, refusal or revocation of licence, industrial dispute or impossibility of obtaining materials or manufacturing facilities.
In such events Asnet Technologies Limited may, at its option, cancel the contract wholly or in part or extend the time for the delivery of goods for such period as may be necessary.
Asnet Technologies shall promptly inform the other party of the event(s), their expected duration and cessation respectively.
11. NEW ZEALAND LAW APPLIES These Terms and Conditions shall be governed by the laws of New Zealand.