- "Seller" shall mean Bayview Window Tinting, Specialty Window Films, SolarGard Window Films Company and any agents or employees thereof.
- "Customer" shall mean the Customer, any person acting on behalf of or with the authority of the Customer, or any person purchasing goods or services from Bayview Window Tinting, Specialty Window Films or SolarGard Window Films Company.
- Prices quoted excludes GST unless otherwise stated.
- Where no price is stated in writing, or agreed to orally the goods or services shall be deemed to be sold at the current price applying at the date on which the invoice for the goods or services is issued to the Customer.
- The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond the control of the Seller between the date of the contract and delivery of the goods or providing of the services.
- Where a quotation is given by the Seller for goods or services:
- The quotation shall be valid for one month from the date of issue; and
- The quotation shall be exclusive of GST unless specially stated to the contrary;
- Where goods or services are required in addition to the quotation the Customer agrees to pay for the additional cost of goods or services.
- Where a quotation is given by the Seller for goods or services:
- Payment for all Goods and Services is strictly prior to the goods being dispatched unless you have a credit account already in place with Bayview Window Tinting or unless otherwise agreed with the Seller.
- Payment terms for credit accounts is the 20th day of the month following date of invoice.
- Method of payment is as detailed at the time of the sale being confirmed unless otherwise arranged.
- The Customer undertakes to pay the account in full on or before the due date. In default of such prompt payment, the Customer undertakes to pay late payment fees of 5% per month on any amount outstanding and to indemnify the Seller and pay all costs and expenses on a solicitor/client basis if legal action is necessary; and/or debt recovery costs which may be incurred in recovering any overdue account of the Customer.
- Any claim by the Customer under the terms of the warranty or consumer law is not to be used as a reason to withhold payment in full.
Sale by Description
- The goods and services are sold on description as set out on the Seller’s invoice forms.
- Unless otherwise stated the risk in the goods and services shall pass to the Customer when the goods and/or services are delivered to the Customer.
- The Customer shall insure the goods in the name of the seller from the date that the risk passes until the goods have been paid for in full.
- Goods which are stored by the Seller for the Customer shall be at the risk of the Customer. The Seller shall not be liable whether in negligence or otherwise for loss, damage, deterioration or destruction of the goods while in storage or for any consequential loss.
- The Seller shall not be held liable for any glass breakage due to thermal cracking or any other unforeseen contributing factors that may be present at the time of the goods being installed or at any time thereafter.
- The Seller shall not be held liable for any damage occurring to the glass pane, window frame, and its components and associated window coverings as a result of the installation of the film or the procedures used.
- The goods are supplied and/or installed on the basis that the Customer has made the final decision in regard to correct product selection for the purpose that they are intended for and that the Seller is not liable for incorrect product choice.
- The Customer is liable for the full cost of the goods and any associated costs incurred by the Seller if the Customer cancels or changes the goods and /or services agreed too after the Seller has incurred any costs and/or changed the format of the goods for this Customer.
Return of Goods
- The Customer shall be deemed to have accepted the goods unless the Customer notifies the Seller otherwise within ten (10) working days of deliver of the goods to the Customer.
- No goods will be accepted for return by the Seller without prior approval.
Retention of Title
- Ownership of the goods shall be retained by the Seller until payment in full is made by the Customer without deduction or deferment on account of any disputes or counterclaims.
- If payment is overdue the Seller (without prejudice to its other rights and remedies) may recover and resell any or all of the goods and may enter the Customer's premises for that purpose.
- In the event of:
- The appointment of a receiver or liquidator of the Customer;
- The commission of an act of bankruptcy by the Customer;
- The Customer making any composition with its creditors;
- The diminution by any bank of the total of an overdraft or other banking facilities extended by that bank to the Customer; then the Customer will pay into a separate bank account for the sole benefit of the Seller all sums received from third parties in respect of sales to them of goods by the Customer up to the amount of indebtedness of the Customer to the Seller.
- If a shipment or delivery is delayed for any reason beyond the control of the Seller or because of fire, accident, earthquake, industrial dispute or inability to obtain transport or product, the time for delivery and/or installation shall be extended by an agreed time.
- If for any reason beyond the control of the Seller, the Seller is unable to supply the full quantity specified in the Customer’s order, this failure shall not give rise to any claim against the Seller or be deemed to be a breach of contract.
- At the option of the Seller goods and/or services may be delivered in instalments. Each delivery shall be regarded as a separate contract and goods and/or services shall be paid for accordingly. Failure to make any delivery shall not invalidate the contract as to other deliveries.
Collection and use of information
- The Customer authorised the Seller to collect, remain and use any information about the Customer for the purposes of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods and services provided by the Seller to any other party.
- The Customer authorises the Seller to disclose any information obtained to any person for the purpose set out in clause 11.1.
- Where the Customer is a natural person the authorities under clauses 11.1 and 11.2 are authorities or consents for the purposes of the Privacy Act 1993.
- Any claim against the Seller shall not exceed the price paid for the goods and/or services complained of.
- All product and/or services supplied by the Seller are supplied in good faith under the terms of the Consumer Guarantees Act, Fair Trading Act and product warranty.
- Any sale contract shall be construed and take effect according to the laws of New Zealand.
- All proceedings concerning this contract shall be filed in the District Court or High Court situated at Auckland.
- The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of the Seller.
- The Seller shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
- Failure by the Seller to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations the Seller has under this contract.
- Where the terms of this contract are at variance with the order or instruction from the Customer, this contract shall prevail.
- If any provision of this contract 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.
- Failure to meet credit worthiness will constitute reason for cancellation of the contract by the Seller without incurring any costs.