These are the Terms of Trade for work carried out by FTEK ltd. They are a standard set of definitions aimed at making our business practices transparent for all our valued clients from N.Z and beyond.
1.1 These terms and conditions apply to all goods/services sold or supplied by FTEK Ltd or any subsidiary of it ("the seller") to the purchases or recipient of such goods/services ("the customer") unless the Company has agreed to vary them at the time of order.
1.2 These terms and conditions constitute the entire agreement between the parties and prevails
over other communications between the parties be they oral or written, previous or contemporaneous
unless otherwise expressly agreed in writing and signed by or on behalf of FTEK.
2.1 All quotations remain valid for 30 days from the date of the quotation unless otherwise
specified and are subject to confirmation at the time of receipt. Acceptance is deemed to constitute
acceptance of these terms and conditions.
2.2 Quotations costed from sketches, plans, schedules or specifications provided by the Customer
is subject to the accuracy of the information provided. FTEK ltd will not be held liable of
inaccuracies of quantity, dimension, material or position actually required or used exceeding the
2.3 The customer will be responsible for increased costs resulting from any subsequent changes to a quote due to any inadequate or inaccurate information, request/requirement for additional products and services, variations or delays caused by you or any other party beyond our control.
2.4 Any extra work beyond that specified, or any reduction may be re-quoted. In the event of a
price not being agreed upon for extra variations prior to execution the same shall be the Customer at
the normal rates in force by FTEK at the time of performance of the work.
3. Price and Payment
3.1 All estimates and costs are exclusive of Goods and Services Tax. GST is payable by New Zealand clients only
3.2 The Price of the goods/services shall be that prevailing to the date of quotation but are
subject to variations, extras, deletions, increase or decrease in material and applicable taxes incurred
arising between the date of quotation and the date of delivery.
3.3 The price quoted by us in a quotation to you is based on current costs of labour, materials, travel, accommodation, freight, insurance, rates of exchange, duties and other such charges and taxes, except Goods and Services Tax (GST) which is not included in the quoted price.
3.4 We reserve the right to increase the final billing price for the product or work done to take into account increases in any of the items listed in the previous clause which are increases beyond our control occurring between the date of the quotation and the date of delivery.
3.5 Any variation in price will be to the Customer’s account and the contract price will be adjusted
according to the amount of the variation.
3.6 Payment from the Customer for all goods shall be made in full or via deposit and progress payments where arranged, when the job is completed or on the 20th of the month following the date of invoice by prior arrangement with management.
An Account is not deemed paid until funds from any bill of exchange has been irrevocably cleared into FTEKs bank account.
If Full Payment is not made by the due date then:
The Customer may be charged interest at a rate of 2.5% per month or part month calculated
(i) daily until payment is received in full
(ii) FTEK reserves the rights to add all costs of collection and expenses we may incur in recovering from the Customer on any overdue account.
4.1 We will use our best endeavours to complete the contract within the time indicated to you so long as materials for the contract are available as required. However, we do not accept any responsibility for delays that occur as a result of events entirely outside our control. We will not be liable for any indirect or consequential damages resulting from delay in completion, from whatever cause.
4.2 The Customer shall inspect the goods on delivery and shall within 5 days of delivery notify
FTEK of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Customer shall afford FTEK an opportunity to inspect the goods within a reasonable time following notice and before use is made of them.
If the customer shall fail to comply with these provisions, the goods shall be conclusively presumed to be free from any defect or damage which would be apparent on a reasonable examination of the goods and the Customer shall be deemed to have accepted the goods.
4.3 Risk of any loss, shortage, damage, theft or deterioration to the goods shall be borne by the
Customer from time of delivery of the goods.
5.1 We warrant that, upon completion at our premises, or upon installation or commissioning (if that is our obligation) the product and its components will be in good working order and perform in accordance with the specifications agreed upon.
5.2 Any warranty claims in relation to our products or services are subject to the following:
for claims relating to faulty/defective products and services, you notifying us within the applicable warranty period.
for claims not relating to fault/defective products such as short or incorrect supply, you notifying us within seventy-two (72) hours of pick up/delivery;
the products having been installed correctly and in their correct application, used in accordance with the manufacturer’s/our instructions and not having been subject to abuse, neglect, lack of maintenance, misuse, accident or modification or work by an unauthorised third party – breach of these terms will void any warranty claim;
the cost of return of a product being your sole responsibility; and
us either and only repairing or replacing defective products at our discretion.
6.1 The Customer may not assign sub-let or transfer any rights or obligations implied in the
contract with-out prior written consent of FTEK Ltd.
7. Retention of Title
7.1 Legal and beneficial ownership of any and all goods shall remain with FTEK until
such time as the account has been paid in full.
Until full payment is received by us for the products, you agree that FTEK has authority to enter your premises and repossess the products.
8.1 Any drawings or information provided by FTEK for the purpose of our manufacture or installation shall remain FTEKs property and must not be copied, shown to any third party, or used by you or any third party for the purpose of manufacture or use of technical information.
8.2 Any drawings or information supplied by you for manufacturing a product or providing a service shall remain your property and are assumed to be a copy of the original.
8.3 Neither of us will misuse any confidential information, copyright, patent or design material or know-how, obtained by either of us from the other as a result of the relationship established by this agreement.
9.1 If the Customer acquires goods from FTEK for business purposes, then it agrees
that the Consumer Guarantees Act 1993 ("CGA") does not apply in respect of the goods supplied.
Notwithstanding any express provision in these terms and conditions, nothing in these terms and
conditions is intended to have the effect of contracting out of the provisions of the CGA except to the
extent permitted by the CGA
9.2 FTEK takes no liability for any costs, damage or loss including consequential,
proceedings, claim or demand caused arising directly or indirectly from the provision of any services,
recommendations, acts or omissions of the seller or its agent or servants, howsoever arising pursuant
to these terms and conditions.
9.3 The total liability of FTEK in contract, tort or otherwise arising from any defect
breach, negligence under this contract howsoever arising is expressly limited to the contract price.
10.1 This agreement shall be construed under New Zealand Law and will be subject to exclusive
jurisdiction of the New Zealand Courts herewith.
11.1 Any dispute or difference whatsoever arising out of or in connection with this contract shall be submitted to arbitration in accordance with and subject to the Arbitration Act 1996 (NZ) or Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitrations (Aust.) (whichever is applicable in the country in which the products are provided). The Parties expressly agree that they shall hold confidential, unless otherwise required by law or at the direction of a Court of competent jurisdiction, all information relating to the subject matter of the dispute as disclosed during or for the purposes of arbitral proceedings arising pursuant to this clause.
12.1 If any part, term or provision of terms and conditions is illegal, invalid or unenforceable, such
part, term or provision shall be deemed deleted from any agreement implied.