Hi-Tech Terms & Conditions

IN THESE TERMS AND CONDITIONS
These Terms and Conditions apply and are binding on the Customer in relation to all quotes by the Company, any supply of goods made by the Company and any application for credit made by the Customer and apply to the exclusion of all other Terms and Conditions or Representations.
 
“Company” means Hi-Tech Enviro Solutions or Hi-Tech, “ Customer” means any company, person or other body which orders or requests either itself or through an agent the supply of goods from the Company or makes an application for credit from the Company in relation to such supply. “GST” means goods and service tax. “Signatory” means any person signing an order or credit application for or on behalf of any person or Company.

1. QUOTES
a.Any quote given by Hi-Tech must be in writing and is to be regarded as an offer only. No contract   between Hi-Tech and the customer arises until the customer accepts the quote in writing by counter signing and returning the written quote to Hi-Tech Enviro Solutions.

b.Hi-Tech may withdraw the quote prior to acceptance and the quote shall lapse if acceptance is not received as described in 1 (a) within 30 days.

2. QUOTED RATES
Unless otherwise stated any price quoted by the Company is based on present day of cost of materials, labour, plant and services, rates of exchange, insurance, freight, duty, landing and delivery charges and taxation. Should there be any variation in such costs before delivery of goods resulting in an increase or decrease of cost to the Company then the increase or decrease shall be added to or deducted from the price as the case it may be.

3. PAYMENT TERMS, CREDIT AND INTEREST
Unless the company expressly agrees to payment being made in accordance with the Credit facilities all sales must be Cash Sales.
In the event of the Company granting Credit facilities to the Customer then the following terms shall apply.

a. All accounts are to be settles in full no later than the 20^th day of the month following invoice
b. Approved dealers are to be settled in full no later than the 25^th day of the month following invoice.
c. Should the Customer default in payment of any monies due to the Company then:

i. All monies due to the Company shall immediately become due and payable and shall be paid by the  Customer upon demand by the Company and
ii.  The Company shall be entitled to reserve any discount given on the monies outstanding
iii. The Company shall be entitled to charge interest at the current Bank overdraft rate plus 2% on all overdue amounts from the date payment was due until payment in full of the monies outstanding.

d. Any expenses costs or disbursements incurred by the Company in recovering   any outstanding monies including debt collection agency fees or legal fees shall be recoverable from the Customer.
e. The Company shall be entitled at any stage to request such security or additional security as the Company shall in its discretion think fit and shall be entitled to withhold supply of goods or credit arrangements until such security or additional security shall be obtained.

4. RESERVATION OF TITLE
Any goods supplied by the Company shall remain the property of the Company until payment in full is received by the Company for all such goods and any other goods supplied to the customer. Until property in goods supplied by the Company passes to the Customer the Customer shall have possession thereof in a fiduciary capacity as a bailee and the Customer shall be liable to the company accordingly. In the event of the Customer breaching any of these items the Company shall have the right (without giving notice) to retake possession of any goods supplied to the Customer. The Customer hereby authorises and allows the company or its representative servants, agents or employees to enter the premises upon which any such goods are housed or stored for the purpose of retaking possession of the same and the Company shall not be liable for any costs incurred by damage caused to the Customer by reason of or in the course of such entry.

5. REGISTRATION UNDER PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)
a. Security Interest
The terms and conditions create a security interest in all present and after acquired Goods as security for all the Customers obligations to the Company which is or will be registrable in the Personal Property Securities Registry.
The Customer must do all such things and execute or arrange for execution of all such documents as the Company may require to ensure that, from the time PPSA comes into force, the Company has a perfected first ranking security interest (s) in the Products under the PPSA.
The Company may register a financing statement to perfect its security interest in the Products delivered, or, to be delivered, to the Customer.
The Customer will indemnify the Company for any costs it incurs in registering a financing statement or financing change statement or responding to a change demand, and/or in enforcing or attempting to enforce the security interest created by these terms and conditions.
The Customer must immediately notify the Company of any changes in the Customer name.

6. GOODS AND SERVICES TAX & GOVERNMENT LEGISLATION
All quoted prices are exclusive of GST except where otherwise expressly stated by the Company at the time of quotation of sale. The Customer in addition to any price quoted shall pay GST.
The Customer will be charged for any charge, duty, impost or expenditure of any kind that is no at present chargeable or applicable in respect of any Goods supplied by the Company if imposed by reason of any legislation, regulation of government action or any other cause beyond the Company’s control.

7. CLAIMS FOR DEFECTIVE GOODS
The Company shall not be liable in respect of any claim that any goods supplied are defective unless such claim is notified to the Company in writing within 7 days after delivery of such goods. The Company shall not be liable for any loss or damage created, contributed to or increased by installation, fitting or work done on or relation to any goods by the Customer or any party other than the Company. The liability of the Company in respect of defective goods shall be limited to replacement of the goods or the making of good of defects. The Company will not be liable for any loss of profits or for any other consequential loss or damage.

8. RETENTIONS
The Customer shall pay all the monies due to the Company in full free from deductions of any nature whatsoever whether by way of set-off counterclaim or other equitable or lawful claim or otherwise howsoever.

9. CREDITS
The Customer shall be bound to pay in full for all goods ordered and delivered. The Company has a 30 day return period, from the date of invoice, for the return of all goods for credits.
If any returned goods are not in resaleable condition the Customer shall pay the costs of the returning the goods to a saleable condition.
Any goods returned for credit after the 30 day period from the date of invoice, will be subject to a handling charge of 10% of the invoiced price of the goods returned plus GST.
Goods that have been specially manufactured by the company for the Customer will under no circumstances be accepted for the return or credit. Goods that have been specially ordered in by the Company  for the Customer as a company non-stock item will be subject to the following conditions:

1. The Company does not have to accept the non-stock item for return, even within the 30 day period from the date of invoice, and
2. The Company will only accept non-stock items for return and issue a credit for them if the supplier of the non-stock item to the Company will issue a credit to the Company, and
3. A credit for non-stock items will only be passed to the Customer once the Company has received a credit from their supplier of the non-stock item.

10.  DESPATCH AND CARRIAGE
Every effort will be made to keep the despatch dates quoted but the Company shall not be liable to make good any damage or loss, whether arising directly or indirectly, out of delay in delivery. All risks in respect of the goods will pass to the Customer on delivery to a carrier or when carried on our own transport on delivery to the Customer or his nominee. If we are requested to store goods, or if we have to store goods because of the fault of the Customer after the goods are ready for despatch, the Customer shall pay for storage or other charges. The storage will be at the Customers risk and will not entitle the Customer to postpone payment of any sums due to the Company. A receipted consignment note, bill of lading, weigh bill or despatch advice shall be conclusive proof of delivery at which time all risks and responsibility for goods passes to the Customer. Transit insurance to Customer’s account can be arranged if required. Carriage charges by a carrier of our choice will be to the Customer’s account, unless otherwise stated. We will endeavour to despatch by the most economical means.
The Company shall not be liable for any under-delivery, shortage or loss in transit within 7 days from the date of delivery. Deliveries shall be made as fast as possible in accordance with Customer’s reasonable requirements. The Customer shall provide at its expense safe hard roading suitable for use by usual road transport to deliver materials to the site or to an area alongside the site with sufficient clear hard space at all times for unloading and stacking and unless otherwise specified shall supply all necessary cranes and other means of unloading. Should safe delivery not be possible through failure of the Customer to comply with provision any additional expenses incurred by the Company in effecting delivery shall be paid by the Customer.

11.  CANCELLATION OF ORDERS
Cancellation of orders placed with and accepted by the Company may be made only with the written consent of the Company. Any order for products of special design size or material may not be cancelled after being received and accepted by the Company unless the Customer agrees to make payment for any work that has been performed.

12.  CONFIDENTIALITY
All drawings, designs, specifications, technical data and other information, which we supply in connection with a quotation or order, are confidential. All such information remains our property and must not be disclosed to any third person without written permission and shall be returned immediately upon of request.

13.  LIABILITY
The Company shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Customer arising directly or indirectly from any breach of any of the Company’s obligations arising under or in connection with the contract or from any negligence on the part of the Company, its servants, agents or contractors, customers, visitors, tenants, trespassers or other persons whosoever Verbal telephone, Telegraphic, telex, fax orders will be executed at Customers risk only and must be confirmed immediately in writing, otherwise the company will not be responsible for any errors in the quantity or quality of goods supplied.
 
14. DISPUTES
In an event of any dispute whatsoever arising in respect of any goods sold or purchased and where that dispute relates to the fitness for purpose, merchantability, design, and functionality, specifications or any other matter where the goods are in any way alleged to be defective or not suitable to the purchaser; then the parties to the sale hereby agree to refer the dispute to an independent pump or technology expert in the industry who shall finally determine the dispute under the provisions of the Arbitration Act. Reference to arbitration shall be given in writing to the other party and the arbitrator shall be appointed within 14 days of such notice being given.

15. FORCE MAJEURE
If the Company’s performance of the contract is prevented or delayed, a part or all, by reason of Acts of God or the consequence thereof including, but not limited to fire, flood, typhoon, earthquake or by reason of riots, wars, hostilities, governmental restrictions, trade embargoes, strikes, lockouts, labour dispute, boycotting of goods, ship shortage, manufacturer’s bankruptcy delays or damages in transportation of any other cause of a nature beyond the Company’s control, the Company may as it options perform the Contract or unfulfilled portion thereof within a reasonable time from the removal of the cause preventing or delaying performance, or rescind unconditionally and without liability this contract or the unfulfilled portion thereof.

16. CONSUMER  GUARANTEES
It is agreed that the goods have been supplied on the customers description of purpose.
Should the customer have any complaint as to the performance, quality or suitability of the goods, Hi-Tech shall without prejudice to its other rights under the terms have the option (at its sole discretion) to refund the purchase price, repair or replace the goods.
If the customer is purchasing the goods for personal or domestic use, or consumption the customer’s rights under this agreement are hereby limited to those expressly conferred under this agreement, the Consumer Act 1993 and any other statue or rule of law.
If the customer is purchasing the goods for on sale and/or installation then it is hereby expressly agreed that no warranty or undertaking is given or inferred by Hi-Tech as to the performance, quality or suitability of the goods subject to Hi-Tech’s liability to repair or replace a faulty good.

17. PRIVACY
The Customer hereby agrees and authorise Hi-Tech to obtain information about the Customer from the Customer or any third party or to divulge any such information to any third party in the course of Hi-Tech business activities including but not limited to any credit or debt collection agency for the purposes for credit assessment or debt collection and any direct marketing activities. The information collected shall be retained by Hi-Tech for the duration the Customer holds an account or continues to purchase goods from Hi-Tech. The customer shall be provided with access to the information held by Hi-Tech for review or corrective purposes.
 
18. NOTICE OF CUSTOMER OBLIGATIONS AND DISCLAIMER
You agree and acknowledge that the use, operation and maintenance of the Hi-Tech Pontoon is at your own risk and that you assume full responsibility and liability for ensuring its safe and proper operation and use.  Without limitation to the foregoing you agree and acknowledge your responsibility to:

• Ensure that those who use, operate and / or maintain the Hi-Tech Pontoon are sufficiently qualified/trained in the proper use, operation and maintenance of the Hi-Tech Pontoon;
• Use the Hi-Tech Pontoon at all times for the proper purpose and in accordance with any product regulations, specifications and / or instructions;
• Prevent all unauthorized access to the Hi-Tech Pontoon by unqualified third parties.

To the fullest extent permitted by law, Hi-Tech Enviro Solutions disclaims any liability whatsoever (either direct or indirect) to you or any third party for any:

• Death;
• Injury, harm, or accident (serious or otherwise);
• Loss or damage incurred to property;
• Exemplary damages or losses suffered by you or any third part,

Whatsoever arising out of, flowing from, or in connection with the access to, use, operation or maintenance of the Hi-Tech Pontoon.  You agree to indemnify and hold harmless Hi-Tech Enviro Solutions from any liabilities, costs (including full costs between solicitor and client), expenses, claims, losses and / or demands incurred by you or any third party as a result of the access to, use, operation, maintenance or otherwise of the Hi-Tech Pontoon.