E.H. VERNON AND CO. LTD,
Piano Services or
their company representatives
(Hereafter known as the Vendor or Seller)
WARRANTY, TERMS AND CONDITION OF SALE
PRICES AND VARIATIONS
The current list price of the Vendor is based on the latest information available to the Vendor as to the rates of exchange, manufacturers or suppliers prices or charges, freight, forwarding and handling charges, insurance, custom duty, wage, cost of materials, transport and other expenses at the date hereof.
The Vendor shall be entitled to increase the current quoted price by the amount of any increase in any of the foregoing rates, prices or charges paid or incurred by the Vendor during the period of the supply contract (and any renewal thereof) provided that any such increase shall apply only to orders placed by the Purchaser subsequent to the date of the increase.
A Certificate signed by the secretary of the Vendor company certifying as to the quantum of any such increase shall be deemed, in the absence of proof to the contrary to be sufficient evidence of any such increase for the purpose if any proceedings in respect of any order arising out of the supply contract.
Unless otherwise stated, all prices quoted are exclusive of Goods and Service Tax and onward freight.
Acceptance of any quotation with the vendor is acceptance of all the terms of the vendor warranty, terms and condition of sale.
2. TERMS OF PAYMENT
For non-account holders terms are strictly payment on delivery, either on a pro-forma invoice or via statement/invoice. Payment is only accepted by Cheque or Internet Banking, payable on the day of delivery. Payment in cash will not be accepted.
For account holders, payment shall be made without deductions on the twentieth of the month following the month in which the goods or services were delivered either in whole or in part. No payment shall be withheld, reduced or deferred on account of any claim, counter claim, set off or otherwise.
Progress payments will be due upon the Vendors request and are to be made up to 50% of quoted price with balance being due upon delivery. Progress payments will be charged as per labour and parts cost over each weekly period.
No order arising out of the supply contract shall be cancelled without the consent of the Vendor and in such cases the Purchaser shall be liable to refund up to the Vendor all costs up to such date of cancellation.
The Vendor need not accept the return of goods ordered by the Purchaser and delivered by the Vendor. If the Vendor shall accept returned goods it shall be subject to the Purchaser paying all costs relating to such returned together with a re-stocking charge of 20% of the purchase price of the returned goods and other terms as the Vendor shall impose.
Delivery shall be deemed to take place when goods are delivered by the Vendor to Auckland International Airport or at such other place as may be stipulated by the Vendor.
Any times for delivery of any order quoted by the Vendor shall be deemed to be estimates only and no claim shall lie against the Vendor for the failure to deliver within such times when any delays have been due to cause’s beyond the control of the Vendor or otherwise.
Any freight cost incurred in the delivery of goods to the Purchaser shall be at the Purchaser’s expense. If a method of freight is not specified by the Purchaser the Vendor will arrange for the transportation of the goods in the most appropriate mode possible that the Vendor determines.
In the following, Buyer shall mean the original purchaser of the goods and service supplied by the vendor. Seller shall mean the vendor, the supplier of the goods and service.
This express warranty shall extend between Buyer and Seller only and shall cover all claims and costs during the warranty period between the Buyer and Seller only, and, except for warranty of title, in in lieu of all other warranties, whether expressed or implied, including the implied warranties of fitness for a particular purpose and merchant-ability. Seller shall not be liable for any special incidental or consequential damaged resulting from a breach or alleged breach of the warranty.
The seller warrants to the Buyer that the goods and services shall be of good workmanship and of materials free of defect.
The seller shall repair or replace at its discretion, free of charge, and equipment or option which is returned to its facility within seven (7) days of shipment to the purchaser, and upon examination proves to be a manufacturing defect. In the case of second hand used equipment which is returned to it’s facility within two (2) months of shipment to the purchaser, and which upon examination proves to be a manufacturing defect. The vendor is in no way liable for any damage or injury that may occur due to any form of workmanship, storage or transportation.
The warranty does not apply to any equipment that has been:-
A. Repaired or modified by other than a duly authorised repair facility of the Sellers determination.
B. Installed or adjusted not in accordance with the equipment’s manual or the Sellers opinion.
C. Mishandled abused or which in the Seller’s sole judgment has been exposed to an environment for which the equipment was not designed.
RESTORATION: Any instrument that is being restored by the vendor is undertaken on the following conditions a) that the purchaser accepts that until the end of the restoration, the tonal quality will be unknown. b) The vendor will restore the instrument as best as possible to the playing condition it would have been in at time of manufacture.
This warranty applies to equipment received at the Seller’s facility, freight prepaid by the Buyer, and does not include return freight to the purchasers premises.
6. DAMAGE AND INSURANCE
The Purchaser is responsible for all loss or damage to equipment or item while in the Sellers care and agrees to arrange any insurance required against such loss or damage subject to the provision of clause 7. 2nd paragraph thereof.
7. REPOSSESSION FOR NON-PAYMENT
Notwithstanding the delivery of any goods made to the Purchaser, property of the goods shall not pass from Seller to Purchaser until the Purchaser has made payment in full for the goods
Until such time as payment shall have been made for the goods the Purchase shall keep the goods insured to their full insurable value against loss or damage in the name of the Vendor as unpaid Vendor.
Upon default in payment of the purchase price on or before the due date following delivery of any order pursuant to the supply contract the Vendor shall be entitled to withhold future orders placed by the Purchase pending payment and/or to take possession of and re-sell the goods already supplied, such remedies to be without prejudice to any other remedies available to an unpaid Vendor in law or equity including cancellation of the supply contract by the Vendor.
The Vendor shall be entitled to recover a late payment penalty of 10% and interest at the rate of 2.5% per month on all outstanding purchase moneys. A booking/collection fee for penalty and/or interest invoices of $15.00 per invoice will be charged. This interest is payable on a daily basis.
8. CONSENT FOR THE PURPOSES OF THE PRIVACY ACT
The purchaser or prospective account holder authorise:
a. The vendor to collect information about them for the purposes of considering account applications for ongoing account administration and to use the information in any future dealings with them.
b. The vendor to collect any information from sources (including credit reference agencies and other credit providers) as it may require for the above purposes.
c. Any person, company or partnership to provide the vendor with such information as it may require for the above purposes.
d. The vendor to disclose any information about them to credit reference agencies or credit and service providers or enforcement and collection agencies.
The Purchaser or prospective account holder knows that on request they may see and correct any information held about them.
9. EXCLUSIVE PERMISSION
Any person, company or venue engaging the services of the Vendor grants full and exclusive permission to the vendor to use their names, characters, photographs, videos, voices and likeness in connection with any past, present and future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use. When services of the vendor are engaged by a company or venue, full and exclusive permission is granted to the vendor to use their clients names, characters, photographs, videos, voices and likeness in connection with any past, present and future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
This supply contract shall be construed according to and governed by the law of New Zealand