Terms & Conditions

1        Definitions:

1.2. Customer Shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods from Truck Build NZ. 

1.3. “Goods” shall mean all goods, chattels, or services, provided by Truck Build NZ to the customer, and shall include without limitation the provision of all general precision engineering services, all charges for labour and work, hire charges, insurances chargers, or any fee or charge associated with the supply of goods by Truck Build NZ to the customer.

1.4. Price shall mean cost of the goods as agreed between Truck Build NZ and the customer subject to clause 4 of this contract.    

2 Acceptance:

2.1. Any instructions, including verbal instructions, received by Truck Build NZ from the customer for the supply of Goods shall constitute acceptance of the terms and conditions herein.  

3 Use Of Information: 

3.1. The Customer authorises Truck Build NZ to collect, retain and use any information about the Customer, or for the purpose of, assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marking any Goods provided by Truck Build NZ to any other party.

3.2. The Customer authorises Truck Build NZ to disclose any information obtained to any person for the purposes set out in clause 3.1.

3.3. Where the Customer is a natural person the authorities under Clauses 3.1 and 3.1 are  authorities or consents for the purposes of the Privacy Act 1993.  

4 Price:

4.1. Where no price is stated in writing or agreed to orally the Goods shall be deemed to be sold at the current amount as such Goods are sold at Truck Build NZ at the time of the contract. 

4.2. The price maybe increased by the amount of any reasonable increase in the cost of supply of the Goods that is beyond the control of Truck Build NZ between the date of the contract and delivery of the Goods, works completion. 

4.3. The price maybe increased by the amount determined by Truck Build NZ having regard to safety and sound engineering practices. 

4.4. You may request changes to that specified including additions or deletions from the Goods (Change Request).

4.5. We may charge you for time spent assessing any Change Request whether you go ahead with the Change Request or not.

4.6. Nothing within these Terms will require us to proceed with any Change Request until we have agreed with you as to the terms on which the Change Request may be processed and undertaken. 

4.7. Where a quote is given by Truck Build NZ for works or Goods:
4.7.1. The quotation shall be valid for 20 days from date of issue.
4.7.2. The quotation shall be exclusive of Goods and Services Tax (GST). Unless specifically stated otherwise.

5 Payment:

5.1. Payment for Goods shall be made in full on receipt or completion of Goods or

5.2. Where the customer has an existing account with Truck Build NZ or has arranged an account with Truck Build NZ. The price shall be paid in full on or before the 20^th day of the month following the date of the invoice or.

5.3. Where the duration of the work on the Goods extends beyond one month from the date of commencement the price shall be paid in instalments each month or part month on or before the 20^th day of the month following the date each monthly invoice.

5.4. Where payment is overdue then without prejudice to any other remedy (including those set out in clause 6.7 and clause 15 of the PPSA) we may:
5.4.1. Charge Interest on any amount owing at a rate of 2.5% per month or part month compounding.
5.4.2. Charge you for any expenses, disbursements and legal costs incurred by Truck Build NZ in the enforcement of any rights contained in this contract shall be paid by the customer.
5.4.3. Place the matter with a debt collection agency and charge you the reasonable fees of a debt collection agency.
5.4.4. Cancel any other works and retain Goods that otherwise belong to you. 

5.5. Receipt of a cheque, Bank Transfer document or other forms of payment shall not constitute payment until such payment instrument is paid in full into Truck Build NZ bank account. 

6 Risk:

6.1. The Goods remain at Truck Build NZ risk until the delivery or uplifted by the customer, following delivery or uplift the Goods are at the customer’s risk whether delivery has been made or not.

6.2. Delivery of Goods shall be deemed completed when Truck Build NZ give possession of the Goods to the customer, or possession of the Goods is given to common carrier or other bailee for the purpose of transfer or cartage to the customer. 

6.3. The time agreed for delivery shall not be an essential term of this contract..

6.4. Where Truck Build NZ delivers to the customer or location advised by the customer by form of instalments and Truck Build NZ fails to deliver one or more instalments the customer shall not have the right to repudiate the contract.

7 Title:

7.1. If Goods are ascertained and in deliverable state, title in the Goods passes to the customer when the customer has made payment for all Goods supplied by Truck Build NZ. 

7.2. Where the customer has not paid for any Goods in its possession title in such goods shall remain with Truck Build NZ,  and

7.3. The Goods shall be held by the customer as bailee and if the Goods are attached, fixed or incorporated into any property by the customer, by way of any third party, any manufacturing or assembly by the customer or third party, title in the goods shall remain with Truck Build NZ until the customer has made full and final payment for all Goods, and

7.4. Where the Goods are mixed with other property so as to be part of a constituent of any new Goods, title to these new Goods shall deemed to be assigned to Truck Build NZ as the security for the full satisfaction by the customer of the full amount owing between the customer and Truck Build NZ. 

8 Authority:

8.1. The customer authorises Truck Build NZ to contract either principal or agent for cartage, storage or protection of Goods and any such contract will be made upon the terms and subject to the conditions of any bill of handling or any other forms of contract for carriage. 

8.2. Where Truck Build NZ enters into a contract of the type referred to in clause 9.1 it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract. 

8.3 The customer gives authority to Truck Build NZ to enter any premises occupied by the customer at any reasonable time to remove any Goods not paid for in full by the customer.

8.4 Truck Build NZ shall not be liable for cost, damages or expenses or other losses incurred by the customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever. 

9 Return of Goods:

9.1. The customer shall be deemed to have accepted the Goods unless the customer notifies Truck Build NZ otherwise within 48 hrs of delivery or uplifting from Truck Build NZ.

9.2. If the Goods are not acceptable according to clause 9.1 of this contract the customer shall pay for the delivery of the returned Goods to Truck Build NZ where by the customer may be entitled to a credit for the purchase price (invoiced sum) of any such Goods.

10 Liability:

10.1. Truck Build NZ shall not be liable for:
10.1.1. Any loss or damage of any kind whatsoever incurred by the customer or any other person whether such loss or damage arises directly or indirectly from Goods provided by Truck Build NZ. 
10.1.2. Truck Build NZ shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss.
10.1.3. The customer shall indemnity Truck Build NZ against all claims of any kind whatsoever however caused or arising as a result without limiting the generality of the foregoing of this clause whether caused or arising as the result of the negligence of Truck Build NZ or otherwise, bought by any person in connection with any matter, act omission, or error by Truck Build NZ, it’s agents or employees in connection with the supplied Goods.

11 General lien:

11.1. The customer agrees that Truck Build NZ may exercise a general Lien against any Goods or any property belonging to the customer that is in the possession of Truck Build NZ for all outstanding sums under this contract and any other to which the customer and company are parties.

11.2. If the Lien is not satisfied within 10 working days of the due date Truck Build NZ may having given notice of the Lien at it’s option to either
11.2.1. Remove such Goods or property and store them in a place and in such a manner as Truck Build NZ shall think is fit and proper and at the risk and expense of the customer. Or
11.2.2. Sell such Goods or property or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the Lien and costs of sale without being liable to any person for damage caused.

Warranty: 

12.1. No representation, condition, warranty or premise expressed or implied by law or otherwise applies to Goods except where Goods are supplied pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract.

12.2. Truck Build NZ does not provide any warranty that the Goods are fit and suitable for any purpose, this being outside the requirement for certified statements from a suitable qualified persons or certified material supplier’s certificates for purpose for which they are required by the customer and shall not be liable if they are not.

12.3. Without limiting the generality of clause 12.1 hereto Goods are warranted free from defective workmanship and material for period of 3 (three) months from delivery provided that the Goods are correctly installed, handled or maintained.

13 Law:

13.1. The law of New Zealand shall apply to this contract except to the extent expressly negative or varied by this contract.

14 Non-Waiver: 

14.1 Failure by Truck Build NZ to enforce any of the terms and conditions contained in the contract shall not be deemed to be a waiver of any of the rights or obligations Truck Build NZ has under this contract.

14.2 Where the terms of this contract are at variance with the order or instruction for the customer this contract shall prevail.

15 The Consumers Guarantees Act:

15.1. The guarantees contained in the Consumers Guarantees Act 1993 are excluded where the customer acquires goods or servicers from Truck Build NZ for the purposes of a business in terms of section 2 and 43 of the Act. 

15.2. Truck Build NZ operates to meet the Consumers Guarantees Act 

16 Cancellation:

16.1. Truck Build NZ shall without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of Goods to the customer if the customer fails to pay any moneys owing after the due date or the customers commits an act of bankruptcy as defined in section 19 of the insolvency Act 1967. 

16.2. Any cancellation or suspension under clause 17.1 of the agreement shall not affect Truck Build NZ claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contact or the customer’s obligations to Truck Build NZ under this contract.

16.3 Truck Build NZ shall not be liable for any delay or failure to preform it’s obligations it the cause of the delay or failure is beyond it’s control.

17 Assignment:

17.1. The customer shall not assign all or any of it’s rights or obligation under this contract without written consent of Truck Build NZ.

17.2. If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legally and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 

18 Guarantors:

18.1. Any personal guarantees made by a third party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and the customer shall be jointly and severally liable under the terms and conditions of this contract.