Products and Solutions Terms and Conditions
1.1. Any order by the Purchaser for the supply of Goods shall:
1.1.1. If in writing, be signed by an authorised representative of the Purchaser;
1.1.2. Identify the Goods ordered;
1.1.3. Be subject to these Terms and such additional terms as the Supplier may in its absolute discretion require; and
1.1.4. Specify the anticipated date of delivery.
1.2. The Purchaser may not vary, amend or cancel any order made unless agreed to in writing by the Supplier.
1.3. All orders are subject to continued availability of the ordered items.
1.4. If any item should not be available then Asnet Technologies Limited may, with the agreement of the Customer, substitute goods which are of equivalent or superior description and quality in which case the Customer shall be charged the price of the substituted goods.
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.
3.1. Unless otherwise agreed in writing in relation to specific orders, the price for goods quoted are valid for 30 days.
3.2. The Supplier reserves the right to change the Price at any time and in its sole discretion and without any prior notice to the Purchaser.
3.3. In the event that delivery is delayed due to a delay by the Purchaser where in the period prior to the delivery of the Goods to the Purchaser, the Supplier incurs an increase in the cost of producing and/or delivering the Goods, the Supplier may increase the Price of those Goods.
3.4. Unless otherwise agreed to in writing, the Purchaser shall pay the Price to the Supplier in full either upon placement of an order or at any time prior to the delivery of the Goods.
3.5. Asnet Technologies Limited prices are stated in New Zealand dollars based on prevailing exchange rates at the date of quotation. Since some of Asnet Technologies Limited’s pricing is based on a conversion from foreign currency, any fluctuation in the published ASB selling rate of more than 2% between the date of quotation and the date of receipt of payment will be debited to the Customer’s account.
3.6. The Purchaser shall pay to the Supplier accruing interest on any overdue invoices from the date when payment becomes due until the date of actual payment at a rate of 2.5% per calendar month. All payments made by the Purchaser shall be first applied by the Supplier to the accrued interest (if any).
3.7. If more than one Purchaser has entered into a Contract, then each Purchaser shall be jointly and severally liable for the payment of the Price to the Supplier.
3.8. Prices unless otherwise stated, do not include taxes, import duties or other levies or tariffs, freight delivery or insurance charges which, if applicable, will be additional to the prices quoted. Goods and Services Tax (GST) will be added at the rate prevailing at the time of supply.
3.9. Prices, unless otherwise stated, are exclusive of the costs any installation, maintenance, or other services supplied to the Customer.
4.1. Asnet Technologies Limited will take reasonable steps to meet the delivery requirements specified in the Customer’s order and to keep the Customer informed of progress. However any dates specified for shipment or delivery are not to be treated as a condition of the sale.
4.1.1. The Supplier is not bound to accept any delivery date indicated by the Purchaser. The parties acknowledge that all delivery times provided are estimates only and are not binding on the Supplier. 3.2. Unless otherwise agreed to in writing, the Supplier is not required to deliver any Goods to the Purchaser unless the Purchaser has paid all monies owing to the Supplier in full.
4.3. No claim shall be made by the Customer on account of late shipment or delivery howsoever caused and late delivery shall not constitute a breach of contract by Asnet Technologies Limited and the Customer shall not be entitled to cancel the contract by reason of any such late delivery.
4.4. All Goods shall be delivered to the Supplier’s premises during normal business hours unless agreed to by the Supplier.
4.5. Delivery by Asnet Technologies Limited to the place specified by the Customer or to any representative of the Customer shall be deemed to be delivery to the customer.
4.6. The Purchaser must ensure that the Job Site can be accessed by vehicle on properly constructed roadway.
4.7. The Supplier may, in its absolute discretion, unload the Goods at the Job Site or as close to the Job Site as conditions allow.
4.8. Unless otherwise agreed prior to delivery of Goods, all unloading of Goods shall be the responsibility of the Purchaser and shall be undertaken at the Purchaser’s cost.
4.9. In the event that the Purchaser or its agent is not in attendance when the Goods are delivered, the Supplier reserves the right to unload the Goods and will not be responsible for any claims, damages, expenses or costs resulting or arising there from.
4.10. Where the Purchaser requires the Supplier or its agent to enter onto the Purchaser’s property for the purpose of unloading Goods, the Suppliers shall not be liable for any damage to the property thereon.
4.11. Where the Purchaser requires that the Goods be delivered at a Job Site the Purchaser must provide the Supplier with the address for the Job Site at least 2 business days prior to the scheduled delivery.
4.12. The Supplier may, at it’s sole discretion, refuse to deliver any Goods to a Job Site.
4.12.1. Should the Supplier refuse to deliver the Goods to the Job Site, then the Goods will be delivered to the Suppliers Premises.
5.1. The risk in the goods shall pass to the Customer upon delivery.
5.2. Notwithstanding the passing of risk, title in the Goods delivered shall not pass to the Purchaser until all monies payable by the Purchaser to the Supplier have been paid in full.
5.3. The Purchaser shall hold all Goods on trust and as bailee for the Supplier until all amounts owed by the Purchaser to the Supplier have been paid in full.
6.1. Without prejudice to the obligations and liabilities of the Customer to pay all moneys due for goods, such goods shall remain the sole and absolute property of Asnet Technologies Limited as legal and equitable owner until Asnet Technologies Limited received payment in full of all moneys due from the Customer in relation to such goods and the Customer acknowledges that the Customer is in possession of such unpaid goods as bailee for Asnet Technologies Limited pending receipt by Asnet Technologies Limited of full payment.
6.2. It is acknowledged that the Customer and Asnet Technologies Limited are in a fiduciary relationship and that if any of the goods are sold by the Customer to third parties, the entire proceeds of any such sale shall be held in trust for Asnet Technologies Limited and shall be dealt with as Asnet may direct and shall not be mingled with other moneys or paid into any overdrawn bank account.