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 Internet Banking, payable on the day of delivery. Payment in cash or with cheques 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
EH VERNON & CO Ltd PRIVACY NOTICE.
We understand that your privacy is important to you. It’s important to us too. We want to be open with you about the personal information that we collect, hold, use and share to run our business and provide our products and services to you. The information in this privacy notice explains how we do this. In this privacy notice, ‘EHV’, ‘we’, ‘us’ and ‘our’ means E H Vernon and Company Limited and its related companies (as defined in the Companies Act 1993). E H Vernon and Company Limited is a registered company under the Companies Act 1993, with our registered address at 190 Featherston Street, Palmerston North, New Zealand. Where this privacy notice refers to the Privacy Act, we are referring to the New Zealand Privacy Act 2020 and any codes of practice or regulations made under it. By using or accessing any of our products or services or otherwise providing us with your personal information you are agreeing to us collecting, storing, using and disclosing your personal information in accordance with this privacy notice and the Privacy Act.
- How does this privacy notice apply to you?
This privacy notice applies to all personal information that we collect through our interactions with you, whether online (through our applications and websites), over the phone, in writing, in our branches, person to person or via mortgage brokers. This privacy notice also forms part of the terms and conditions for each of our products and services. Some of our products or services may also have specific privacy terms that apply. In these cases, the specific terms will be included in the relevant terms and conditions for that product or service. If any specific terms and conditions are inconsistent with this privacy notice, those terms will apply to the extent of that inconsistency. If you live overseas, you may have certain privacy rights under the laws of that country which will apply to you in addition to the rights set out in this privacy notice and the Privacy Act. Nothing in this privacy notice is intended to limit your rights in relation to personal information under any applicable local law.
Changes to this privacy notice
If we need to make changes to this privacy notice to protect the security of our systems or to comply with law, we may need to make a change immediately. In these cases, we may tell you about it after we’ve made the change. Depending on how significant the changes are, we will notify you about the changes by either posting a notice on our website, displaying information in our office, and/or sending you a letter, email, text message. Your continued use of our products or services following the notice period will be taken as acceptance of the updated privacy notice.
- What personal information do we collect?
‘Personal information’ means any information that could identify you. We generally collect personal information directly from you, but in certain circumstances we may also collect personal information about you from third parties and publicly available sources. The amount and type of personal information we collect will depend on the product or services you have requested from us. If you provide us with personal information about anyone else (e.g. a joint account holder), you must have their prior consent to do so and should inform them of this privacy notice.
Information we collect from you Confirming your identity
We collect information from you to confirm your identity when you apply for or use our products or services, apply to change products or services, ask us to do something for you, or want to act on another customer’s behalf. This may include your personal and contact details, passport, driver’s licence, birth certificate, documents to verify your address or entitlements, and biometric information. Processing your application To process your application for products or services, or to change your products or services, we collect information to help us determine if the product, service or change is suitable for you. This may include details about your income, expenses, assets, liabilities, financial and insurance history, valuations and other information to verify those details like a credit check, tax information, credit and debit card details, and information about your health, lifestyle and social relationships or other relevant information.
Designing, delivering and operating our products and services, and running our business
To design, deliver and operate our products and services, and run our business, we collect:
- Information you give us – this may include where you answer a question we ask you, complete a form, or give us information as part of a survey or competition
- Data relating to your transactions – this may include the amount, date and time, frequency, type, location, source and recipients of your transactions, and whether repayments are made on time and in full
- Information about our interactions with you – this may include how you access and use our services, any recordings we make of you (for example, CCTV footage for security purposes, or voice recordings of calls with us for training or verification purposes), and records of our interactions online (on our applications and websites, and on social media), over the phone and in our office.
When you use our applications, websites and social media channels, we also collect information about you which may include the IP address, location data, browser and operating system of the device you’re using, and information from your social media profiles. You can choose not to provide us with your personal information If you choose not to provide personal information to us, we may be unable to:
- Confirm your identity
- Protect you against fraud
- Offer you products or services
- Effectively manage your products or services
- Help you with your queries or requests
- Continue your relationship with us
Information we collect about you from others
Processing your application: To process your application for products or services, or to change or update your products or services, we may collect information from third parties such as surveyors, valuers, your legal or financial advisers, mortgage brokers, credit reporting agencies who run credit checks for us, your current or past employers to verify your employment status or history, and doctors or other health service providers for information about your health.
Running our business
We work with third parties to run our business effectively, comply with laws, and help prevent crimes like fraud and money laundering. Some of the third parties that may provide us with personal information about you for these purposes include the police, IRD, other government and regulatory bodies, courts, and advisers and consultants like lawyers, accountants, financial advisers. We may also work with third parties to access personal information about you if we need to contact you in an emergency.
Information we collect about you that is publicly available
We may also collect information about you that is publicly available. This may include information on public or government registers, news articles or social media.
- How do we use your personal information and who do we share it with?
We use your personal information and may share it with others for the purposes set out below and otherwise as permitted or required by law.
Processing your application
We use your information to help us determine if a product or service you’re applying for is suitable for you, for whether you meet the eligibility requirements for a product or service, to meet our legal obligations and anything else we may need to do to process your application and decide if we will offer you the product or service. This may include disclosing your information to third parties to run credit checks, verify your identity, or confirm other details you have given to us as part of your application. Credit reporting agencies We may share your personal information with credit reporting agencies who use it to run a credit check on you and provide us with certain reports about your credit worthiness. This information helps us to assess your credit position and verify your identity when processing an application. Credit reporting agencies collect, hold and use the personal information we share with them for their own purposes in accordance with their own privacy policies and processes. They will incorporate your personal information into their own databases and may share this information with their other customers. Credit reporting agencies are subject to, and must comply with, the Credit Reporting Privacy Code in relation to any personal information that they hold – you can find more information about this at https://www.privacy.org. nz/privacy-act-2020/codes-of-practice/crpc2020/
Designing, delivering and operating our products and services
We use your information to:
- Confirm your identity
- Operate, deliver and manage our products and services
- Suggest better ways to use our products and services
- Create, develop and improve our products and services
- Recover money owed to us and items we have security over
To achieve these things, we may share your information with:
- Organisations who help us with identity verification
- People and organisations who you ask us to make payments to and for other transactions
- Your guarantors and anyone who may act as your guarantor
- Rating agencies who give our investment products financial ratings
- Organisations we may assign or transfer our rights or obligations to – this may include where we securitise our home loans
- Postal organisations and other organisations who help us interact with you by post and online
- People and organisations who help us develop new products and services or features of those products and services
- Organisations who help us recover money owed to us or items we have security over
We use your information to tell you about products and services that we think may be of interest to you and to personalise and enhance your customer experience. To achieve these things, we may share your information with marketing specialists such as market researchers, marketing agencies, and social media and customer experience specialists. We may also share your information with other organisations that we partner with to enable them to notify you about their products and services. You can choose to not receive marketing communications from us You can let us know if you’d like us to stop sending you marketing materials or research surveys by contacting us at the details below in section 7. If you opt out of receiving marketing material, we will still need to send you operational communications about your products and services.
Running our business
We use your information to:
- Run our business effectively – including keeping accurate business records, creating business plans and management reports, building systems and processes, training our staff and managing our risks
- Comply with regulatory and legal requirements – including identifying and investigating potential crimes, reporting to regulators, and meeting other obligations as prescribed by law.
We may share information with our external advisers and consultants for the above purposes, which may include lawyers, accountants, auditors and financial advisers, government agencies, regulators, financial fraud specialists, organisations who help us manage our risk, and organisations who help us build systems and processes.
Other parties we work with
We also share information with others when you ask us to or agree to us doing so. These third parties include those who can confirm or verify information you’ve given us (e.g. your employer to confirm your salary) or provide us with information on your behalf (e.g. surveyors/valuers, real estate agents, insurers, brokers, claim assessors, and your legal and financial advisers). We also share and combine information with our related companies to better understand your needs and to comply with our internal reporting and management processes.
Disclosures to overseas parties
If we disclose personal information to a third party outside New Zealand, we will take reasonable steps to ensure that the third party is subject to privacy laws that, overall, provide comparable safeguards to those under the Privacy Act, or is otherwise required to protect personal information in a way that, overall, provides comparable safeguards to those under the Privacy Act.
- How do we keep your personal information safe?
We value the trust you put in us when you give us your personal information. How we keep your personal information secure We take reasonable steps to keep your personal information secure, including by implementing reasonable IT system security measures, staff training, and physical security controls. We also require our third-party service providers (who hold personal information on our behalf) to ensure that they have reasonable security measures in place to protect the personal information in their possession or control, including our cloud-based storage providers who store data in New Zealand and overseas.
How long we keep your personal information for
We do not keep personal information for longer than is required for the purposes for which it can be lawfully used. We’re required to hold personal information for specified periods of time under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, the Common Reporting Standards, the Companies Act 1993, the Financial Transactions Reporting Act 1996, the Tax Administration Act 1994 and other New Zealand and international laws.
- Cookies and third-party links
Links to third party websites
Our website and applications may have links or references to third party websites or material. This privacy notice does not apply to those websites, and any information collected by such third parties is governed by that third party’s privacy practices or policies. We accept no responsibility or liability for the content or privacy practices of any third-party websites or applications.
We want our advertising and information on our websites and related services to be relevant and interesting. To improve our website and services, we may use patterns and other meaningful information gathered from web analytics tools. This may include traffic to, internet protocol address, from and within our website and services, your mouse click activity, and other information that you voluntarily enter into the website(s). Also log information like device event information such as crashes, system activity, device information, location, browser type, browser language, the date and time of your request and referral URL. Any information we collect from or share with third parties for this purpose is generally aggregated. Our website(s) may use third party cookies for Display Advertisers. This includes features which give us insight into behavioural information relating to visitor age, gender and interests on an anonymous and aggregate level, and who has viewed our advertising on other websites. In addition, this helps us to understand browsing behaviour to provide a better user experience. To do this, our website and those of authorised third parties place a cookie on your computer or device or use pixels. A “cookie” or “pixel” is a very small file which allows website and application use to be tracked. By enabling cookies on your browser, you can enjoy all the features of our services; however, you can delete cookies at any time, or turn them off in your browser. Refer to your browser help menu or device settings for information on how to do this. You do not need to accept cookies to use our services.
- Accessing, updating and correcting your personal information
It is important that the information you give us is complete, accurate and up to date. You can access, update, and correct your personal information Requests to access your personal information You can also request access to, and correction of, your personal information by contacting us at the details below in section 7. We will need to confirm your identity (or authority to act on another’s person’s behalf) before we can give you any personal information. We usually don’t charge for these requests. However, if the information is difficult to find or put together, we may charge you a reasonable fee, but we’ll let you know in advance how much it is likely to cost so you can choose whether you want to go ahead. We will usually respond to your request within 20 working days. In some cases, we may have justifiable grounds under the Privacy Act for refusing to give you access to or correct some or all the information you have requested. If we do this, we’ll explain the reasons for our decision. If we are not willing to comply with your request to correct certain information, you can ask us to attach a statement of the correction to your personal information.
- How to get in touch with us
If you have any questions or wish to make an access request, please contact us: Email: firstname.lastname@example.org Effective 27 April 2021 If you are concerned about your privacy and want to make a complaint, please contact us at: http://www.pianoservices.co.nz Phone: 0278417602 Postal Address: PO Box 4108, Manawatu Mail Centre, Palmerston North, New Zealand
Escalating your complaint
If you’re not satisfied with how we’ve handled your query or complaint after you’ve been through our internal process, you may wish to contact one of these independent dispute resolution services: You can contact the Office of the Privacy Commissioner: Online: privacy.org.nz Email: email@example.com Phone: 0800 803 909 (from New Zealand) or +64 (0)4 474 7590 (from overseas)