Terms & Conditions
1. DEFINITIONS
1.1 "Harriman" shall mean Harriman Signs Limited.
1.2 "Customer" shall mean the customer or any person
acting on behalf of and with the authority of the
customer.
1.3 "Goods" shall mean all goods, chattels, or services,
provided by Harriman to the customer and without
limitation shall include all charges for labour and
work, hire charges, insurance charges, or any fee or
charge associated with the supply of goods by
Harriman to the customer.
1.4 "Price" shall mean the cost of the goods as agreed
between Harriman and customer subject to clause 4
hereto.
2. ACCEPTANCE
2.1 Any instructions received by Harriman from the
customer for the supply of goods shall constitute
acceptance of the terms and conditions contained
herein.
3. PRIVACY ACT
3.1 The customer authorises Harriman 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 marketing any goods and services provided by
Harriman to any other party.
3.2 The customer authorises Harriman to disclose any
information obtained to any person for the purposes
set out in clause 3.1.
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 by Harriman
at the time of the contract.
4.2 The price may be increased by the amount of any
reasonable increase in the cost of supply of the
goods that is beyond the control of Harriman
between the date of the contract and delivery of the
goods.
5. PAYMENT
5.1 Payment for goods shall be made in full on or before
the 20th day of the month following the date of the
invoice, or on receipt of delivery of goods,
whichever is the earlier ("the due date").
5.2 Interest may be charged on any amount owing after
the due date at the rate of 2.5% per month or part
month.
5.3 Any expenses, disbursements and legal costs
incurred by Harriman in the enforcement of any
rights contained in this contract shall be paid by the
customer, including any reasonable solicitor’s fees
or debt collection agency fees.
5.4 Receipt of a Cheque, bill of exchange, or other
negotiable instrument shall not constitute payment
until such negotiable instrument is paid in full.
6. QUOTATION
6.1 Where a quotation is given by Harriman for goods:
6.1.1 The quotation shall be valid for one month from the
date of issue; and
6.1.2 The quotation the contrary.
6.2 Where goods are required in addition to the
quotation the customer agrees to pay for the
additional cost of such goods.
7. RISK
7.1 The goods remain at Harriman’s risk until the
delivery to the customer, but when title passes to
the customer pursuant to clause 9.1 of this contract
the goods are at the customer’s risk whether
delivery has been made or not.
7.2 Delivery of goods shall be deemed complete when
Harriman gives possession of the goods for delivery
to the customer, or possession of the goods is given
to a common carrier or other bailee for the purposes
of transmission to the customer.
7.3 The time agreed for delivery shall not be an
essential term of this contract unless the customer
gives written notice to Harriman making time of the
essence.
7.4 Where Harriman delivers goods to the customer by
instalments and Harriman fails to deliver one or
more instalments the customer shall not have the
right to repudiate the contract but shall have the
right to claim compensation as a severable breach.
8. AGENCY
8.1 The customer authorises Harriman to contract either
as principal or agent for the carriage, storage, or
protection of the goods and any such contract will
be made upon the terms and subject to the
conditions of any bill of lading or any other forms or
terms of contract for carriage, whether by sea, road,
rail or air.
8.2 Where Harriman enters into a contract of the type
referred to in clause 8.1 it shall be read with and
form part of this agreement and the customer
agrees to pay any amounts due under that contract.
9. TITLE
9.1 If the goods are ascertained and in a deliverable
state, title in the goods passes to the customer
when the customer has made payment for all goods
supplied by Harriman.
9.2 Where the customer has not paid for any goods in
its possession property in such goods shall remain
with Harriman and:
9.2.1 The goods shall be held by the customer as bailee;
and
9.2.2 If the goods are attached, fixed, or incorporated into
any property of the customer, by way of any
manufacturing or assembly process by the customer
or any third party, title in the goods shall remain
with Harriman until the customer has made payment
for all goods, and where those goods are mixed
with other property so as to be part of or a
constituent of any new goods, title to these new
goods shall deemed to be assigned to Harriman as
security for the full satisfaction by the customer of
the full amount owing between Harriman and
customer.
9.2.3 The customer gives irrevocable authority to
Harriman to enter any premises occupied by the
customer, at any reasonable time, to remove any
goods not paid for in full by the customer. Harriman
shall not be liable for costs, damages or expenses or
any 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.
10. RETURN OF GOODS
10.1 The customer shall be deemed to have accepted the
goods unless the customer notifies Harriman
otherwise within 48 hours of delivery of the goods
to the customer.
10.2 If the goods are not accepted according to clause
10.1 of this contract the customer shall pay for the
delivery of the returned goods to Harriman whereby
the customer shall be entitled to a credit for the
purchase price of any such goods.
11. LIABILITY
11.1 Except as otherwise provided by statute Harriman
shall not be liable for:
11.1.1 Any loss or damage of any kind whatsoever
whether suffered or incurred by the customer or
another person whether such loss or damage arises
directly or indirectly from goods or services or
advice provided by Harriman to the customer and
without limiting the generality of the foregoing of
this clause Harriman shall not be liable for any
consequential loss or damage of any kind including
without limitation any financial loss; and
11.1.2 Except as provided in this contract Harriman shall
not be liable in contract, or in tort, or otherwise for
any loss, damage, or injury beyond the value of the
goods provided by Harriman to the customer; and
11.1.3 The customer shall indemnify Harriman against all
claims of any kind whatsoever however caused or
arising and without limiting the generality of the
foregoing of this clause whether caused or arising as
a result of the negligence of Harriman or otherwise,
brought by any person in connection with any
matter, act, omission, or error by Harriman its agents
or employees in connection with the goods.
12. CONSUMER GUARANTEES ACT
12.1 The guarantees contained in the Consumer
Guarantees Act 1993 are excluded where the
customer acquires goods or services from Harriman
for the purposes of a business in terms of section 2
and 43 of that Act.
13. COPYRIGHT AND INTELLECTUAL PROPERTY
13.1 Harriman shall retain ownership of all intellectual
property value and copyright of all documents,
signage, displays, and ideas associated with this
contract and the customer shall be entitled to use
them only for the use for which they were intended
and supplied by Harriman.
14. WARRANTY
14.1 No representations, 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 ths contract.
14.2 The company does not provide any warranty that
the goods are fit and suitable for the purpose for
which they are required by the customer and shall
not be liable if they are not.
14.3 Where the provisions of the Consumer Guarantees
Act 1993 are excluded pursuant to clause 12 goods
are warranted free from defective workmanship and
materials according to the manufacturer’s warranty
supplied to the customer at the point of sale
provided that goods are correctly installed by a
qualified person and subject to normal use and
service however Harriman shall not be liable for any
warranty given by any manufacturer under this
clause.
15. JURISDICTION
15.1 The law of New Zealand shall apply to this contract
except to the extent expressly negatived or varied
by this contract.
16. PREVAILING
16.1 Where the terms of this contract are at variance
with the order or instruction from the customer, this
contract shall prevail.
17. NON-WAIVER
17.1 Failure by Harriman to enforce any of the terms and
condition contained in this contract shall not be
deemed to be a waiver of any of the rights or
obligations Harriman has under this contract.
18. GUARANTORS
18.1 Any personal guarantee made by any third party
shall not exclude the customer in any way
whatsoever from the liabilities and obligations
contained in this contract. The guarantors and
customer shall be jointly and severally liable under
the terms and conditions of this contract.
19. CANCELLATION
19.1 Harriman 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 money owing after the due date or the
customer commits an act of bankruptcy as defined
in section 19 of the Insolvency Act 1967.
19.2 Any cancellation or suspension under clause 19.1 of
this agreement shall not effect Harriman’s claim for
money due at the time of cancellation or suspension
or for damages for any breach of any terms of this
contract.
20. FORCE MAJEURE
20.1 Harriman shall not be liable for delay or failure to
perform its obligations if the cause of the delay or
failure is beyond its control.
21. ASSIGNMENT
21.1 The customer shall not assign all or any of its rights
or obligations under this contract without the
written consent of Harriman.
22. MISCELLANEOUS
22.1 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.
Terms and Conditions
Harriman Signs Limited
Tom Pearce Drive, Auckland International Airport, Mangere,
Auckland. Telephone (09) 275 7809 Fax (09) 275 892