Terms & Conditions

1.1 Contract if established, involves: “a” and “b” mentioned below:

(a) Buyer/Customer: Person procuring Material and/or Services from PRUDENT SOLUTIONS LTD TRADING AS KIWI STEEL FRAMES or a person acting on behalf of the company to procure Material and/or services from PRUDENT SOLUTIONS LTD TRADING AS KIWI STEEL FRAMES.

(b) Company: PRUDENT SOLUTIONS LTD TRADING AS KIWI STEEL FRAMES

2.1 Contract for supply of Material and/or services mentioned in this QUOTE and its Terms and conditions will be enabled after the customer accepts the Quote provided by PRUDENT SOLUTIONS LTD TRADING AS KIWI STEEL FRAMES.

2.2 The quote and all the following claims will adhere to the CONTRACTS ACT 2002.

3.1 The quote needs to be accepted within 30 days of Date of Quotation; surpassing which the Quote will be considered to be “Lapsed”.

3.2 The Quotation may be withdrawn any time before Acceptance.

3.3 Acceptance arises as soon as “Deposit” or a part thereof agreed by both the parties is deposited.

Deposits submitted are nonrefundable unless the job is cancelled before the commencement of design/manufacturing work.

5.1 The price quoted is based on ongoing Material and Labour costs. Any increase to these costs after the Date of quotation and before the Delivery date shall be to the Buyer/Customer’s account.

5.2 If the Quote comprises of estimating the Material quantity to be supplied to the Buyer, it is Buyer’s responsibility to ensure and verify that the quantity estimated by PRUDENT SOLUTIONS LTD TRADING AS KIWI STEEL FRAMES is accurate before the Buyer places an order or accepts the Quote.

5.3 Any changes to Plans/Specifications/details/measurements or information provided by the buyer would result in a Price variation. This difference in Quoted price would be to the Customer’s account.

5.4 Any changes to the “Scope of works” mentioned in this Quote will result in “Variations” that will be an additional subpart of this Quote.

All payments should be made within 5 working days after Invoice is generated.

7.1 PRUDENT SOLUTIONS LTD TRADING AS KIWI STEEL FRAMES reserves the right to deliver the goods in installments.

7.2 The buyer shall provide reasonable notice of the Delivery time.

7.3 The buyer shall ensure there is enough space for the Unloading of Material.

7.4 The buyer shall ensure there is enough access for Delivery trucks/trailers to enter the Loading address/area.

7.5 The buyer or a buyer’s representative needs to inspect the Material at the time of delivery.

The goods supplied to the Customer do not include any recommendations or warranties by the Company that the goods are fit for any particular use.

9.1 The Buyer shall ensure the measurements in drawings provided by the company match the drawings provided by the Buyer. Any discrepancy between the drawings generated by the company and Architectural or Structural drawings should not be company’s responsibility unless the buyer has informed the company about the discrepancy prior to manufacturing has started.

9.2 Any variation or requests to the Terms of payment must be agreed in writing at the date of acceptance of the Quote.

9.3 The buyer may not withhold any payment or any deductions from the amount payable to KIWI STEEL FRAMES unless PRUDENT SOLUTIONS LTD TRADING AS KIWI STEEL FRAMES agrees to it in writing.

9.4 Failure to pay any account by due date shall be a breach of these trading terms and the Company may in respect to such default without prejudice to any other rights or remedies it may have charge interest on any sums not paid by due date at the rate of 18% over and above overdraft interest rate charged by the Company’s bankers until receipt of payment in full. If the Company shall at any time deem the credit of the buyer to be unsatisfactory, it may require security for payment and may withhold delivery or fixing until sufficient security, including personal guarantees, is provided, or alternatively require.

9.5 The buyer shall in addition pay to the Company all debt collection fees, legal fees and other expenses incurred in the enforcement of the provisions of this agreement.

9.6 If at any time prior to payment by the buyer to the Company for the Goods, the buyer shall become bankrupt or go into receivership and/or liquidation, then the balance of the purchase price hereunder shall immediately become due and payable, and the Company shall be entitled to retake possession of the Goods forthwith.

9.7 The buyer shall not sell, hire, part with possession, or otherwise dispose of all or any part of the goods until after payment in full or the Total Indebtedness is made to the Company by the buyer or the consent in writing of the Company is obtained to such sale, hiring or parting with possession in which case the said sale, hiring or disposal shall be for and on behalf of the Company.

9.8 Ownership of the Goods shall not pass to the buyer until the buyer has paid all monies that are owed to the Company on any account whatever, whether in respect of this contract or any other contract, and whether the goods or services supplied are complete as set out in the original quotation or part only thereof (“Total Indebtedness”).

9.9 Until payment is made in full for the Total Indebtedness the buyer shall store the Goods separately and clearly identify them as belonging to the Company.

9.10 The Company is permitted to enter into the buyer’s premises to identify and inspect the goods until such time as ownership passes to the buyer and to take possession and remove the same without being responsible for any damage thereby caused and the Company may resell such products and apply the proceeds in or towards payment of the Total Indebtedness.

9.11 Where Goods or any part of the Goods are sold prior to payment in full by the buyer, then the proceeds of such sale shall be the property of the Company and shall be received and held by the buyer in trust and shall be kept in a separate identifiable account by the buyer for payment to the Company. The Company’s interest in the proceeds as a beneficiary under that trust shall be the portion of the proceeds of sale of the Goods which does not exceed the buyer’s Total Indebtedness.

9.12 The Company may bring an action for the price of the Goods even where ownership of the Goods may not have passed to the buyer.

9.13 The Company is not responsible for any building consents which the local authorities may require prior any work to be undertaken.

9.14 The total liability of the Company for loss or damage, relating to the supply of materials and/or services by the Company under this agreement will not in any event exceed the total price of the goods and services.

9.15 The Company is not liable for any consequential, indirect, or special damage or loss of any kind, nor is the Company liable for any damage caused by the servants or agents of the party ordering the goods and services supplied under this agreement.

9.16 If the goods acquired under this contract are for personal, domestic, or household use by individuals in their personal capacity then the Guarantees contained in the Consumer Guarantees Act will apply. Where this arrangement is made between the company and a consumer who acquires the goods or services for the purpose of business the Guarantees contained in the Consumer Guarantees Act are hereby excluded.

9.17 The Company carries Public Liability (and Contractors All Risk Insurance when required), but that excludes (and the Company shall not be liable for) loss, damage or other expense of any type connected in any way with an internal part of the building being wet, damp, or moist that is caused directly or indirectly by faulty design, faulty specification including faulty sequence, procedure or Programme, or faulty materials or faulty workmanship. Where the company is liable to the buyer, the maximum cost of any liability shall not exceed the value of goods or services provided by the Company to the buyer.

Unless expressly stated otherwise, freight and transit insurances are to the Customer’s account. The Company’s responsibility ceases when the goods leave its store.

11.1 Prices quoted are based upon rates and charges in effect or nominated at the date of quotation and are subject to availability of material at the date of order. Any variation between those rates upon which a quotation is based and those rates actually in effect at the time of delivery will be to the Customer’s account, including material & labour rates.

11.2 Any quote is subject to the following terms & conditions unless expressly contradicted in specification section.

(a) This pricing does not include a ps1 for council consent.

(b) If W, sand, or k bracing is used, there will be extra charges for the extra product used. No allowance for PS4.

(c) No allowance for installation, not included in quote.

(d) No allowance for any site measure, if a site measure is required the customer is to provide this and any materials or extra design time will be charged on a time and expense basis.

(e) No allowance for any structural steel in this quote. (Hot rolled steel).

(f) No allowance for packing to verge/ gable overhang if required due to fascia size.

(g) No allowance for any timber in this quote.

(h) No allowance for any overhang to trusses.

(i) Structural beams may be required to some of the large openings, no allowance. Posts or similar to support roof over deck have not been allowed for.

(j) Detailing, design, and engineering has only been quoted to be done once, if changes are made after the design is completed then extra fees may apply.

(k) Delivery to an easily accessible site has been allowed for in this quote.

12.1 No claim for defective goods, shortages in quantity lengths or weights will be considered or allowed, unless the Company is notified of such a claim within seven days of delivery of the goods to the Customer.

12.2 On receipt of such claim the Company must be given a reasonable opportunity to investigate such a claim.

12.3 The Company’s liability regarding the sale of defective goods is limited to the following options at its discretion:

12.4 The Company’s liability to refund shall be limited to the amount which the Company is able to recover from the supplier.

12.5 The Company will not be responsible for consequential losses or claims associated with:

(a.)Delivery on a specified date.

(b.)Loss caused by factors outside the Company’s control.

13.1 The Buyer will do all things and provide all further assurances reasonably required by the Seller to enable the Seller to register a financing statement under the Personal Property Securities Register, in respect of the Purchase Money Security Interest granted by this clause. In default of doing so, the Buyer in consideration of the provision of or agreement to provide credit appoints the Seller and every officer of the Seller its attorney to do all things and sign all documents required to enable registration of a financing statement.

13.2 Where the Buyer or the Guarantor (if any) is the owner of the land at the Installation Premises (“Owner”), the Owner agrees to mortgage all of the Owner’s interest in the land comprising the Installation Premises to the Seller to secure all amounts payable under this Agreement and the Owner acknowledges and agrees that this Agreement creates a caveatable interest in that land in favour of the Seller.

13.3 The Guarantor (if any) guarantees the payment of all amounts due by the Buyer to the Seller under this Agreement. This liability constitutes a principal obligation which shall not be released or prejudiced by any granting of time, failure to take security, waiver or forebearance to sue by the Seller.

13.4 The Guarantor (if any) shall indemnify the Seller against all losses, damages and expenses suffered or incurred by the Seller arising out of the non payment of any amount by the Seller or any breach of any of its obligations in this Agreement.

13.5 The Customer agrees to grant a security interest in all present and after acquired inventory to the extent that it comprises goods as security for payment of the purchase price of all goods on the following terms:

(a)The Customer shall provide all information and do all things including the execution of documents as the Company may require ensuring that the Company has a perfected first ranking security interest in the goods and any proceeds under the Personal Property Securities Act 1999 (PPSA}. The Customer shall give prior written notice to the Company of any change of the Customer’s name.

(b) he Company shall be entitled to register a financing statement to perfect it security interest in any goods delivered or to be delivered to the Customer.

(c)The Company shall have the right, as the Customer’s agent without notice, at any time while the Customer has outstanding purchase moneys owing to the Company, to enter into the premises where goods are stored and remove them without being responsible for any damage caused in doing so.

(d) he Customer shall indemnify the Company against any claims arising from the exercise of this right of re- entry. All costs and expenses of or incurred by the Company as a result of any action, together with transportation and storage charges shall be payable by the Customer upon demand.

(e) he Customer waives its rights to receive a copy of any verification statement under the PPSA and agrees that as between the Customer and the Company:

13.6 The Customer will have no rights under the following sections of the PPSA: 114 (1) (a) (to receive notice of sale of goods) 116 (to recover a statement of account); 117(1)(c) (to receive any surplus}; 119 (to recover any surplus); 120 (2) (to receive notice of proposal to take the goods); 121 (to object to a proposal to take the goods); 12S (not to have goods damaged when a secured party removes an accession); 126 (to be reimbursed for damage caused when a secured party removes an accession); 127 (to refuse permission to remove an accession); 129 (to receive notice of the removal of an accession); 131 (to apply to tire Court for an order concerning the removal of an accession); and 132 ( to redeem collateral).

13.7 If the Company has rights in addition to those in Part 9 of the PPSA, those rights shall continue to apply. Any payments made to the Company by the Customer on an unspecified basis shall be deemed to be applied in the following order:

13.8 If the first in payment for goods supplied by the Company and which have been sold by the Customer, and the second is in payment for goods supplied by the Company and which have not been sold by the Customer.

14.1 The Company will provide a Producer Statement and 5 5-year Workmanship Warranty upon completion of the work and full payment received.

14.2 Warranty for goods that are not manufactured by the Company will be under the current warranty provided by the manufacturer of the product.

14.3 On receipt of such claim the Company must be given a reasonable opportunity to investigate such a claim.

14.4 The Company should be notified by the buyer in writing for any faulty workmanship within 30 days of the completion of the works.

The buyer acknowledges that the Company contracts with the buyer on condition that all payments received by the Company from the buyer are valid and made in the ordinary course of the buyer’s business. The buyer further acknowledges that the Company receives all payments in the ordinary course of the buyer’s business, in good faith and in the reasonably held belief as to the validity of those payments.

16.1 The Company may cancel these terms and conditions or cancel delivery of the goods or services before the goods or services have been delivered by giving written notice.

16.2 The buyer may cancel delivery of goods at the Company’s sole discretion and will be liable for any cost incurred by the Company.

16.3 The Company is not liable for any loss or damage arising from the above cancellations.

If the buyer defaults in the due payment of the contract price or any installment thereof the Company without prejudice to any other right it has at law or in equity suspend or terminate the contract. All costs and expenses of or incurred by the Company as a result of any such action shall be payable by the buyer upon demand.

18.1 The rights, powers and remedies provided in this Agreement are cumulative and do not prejudice or exclude any rights, powers and remedies provided by law.

18.2 If any provision, or any part of any provision, of this Agreement is, or becomes invalid or unenforceable, that invalidity or unenforceability shall not affect the other provisions, and part provisions (if any), of this Agreement, all of which shall remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable part of this Agreement.

18.3 All words defined in these conditions of sale shall bear the same meaning in the Quotation and vice versa.