Summit Refrigeration
Terms and Conditions of Trade.
No one likes the small print.
While it might feel a bit time-consuming to read the fine print, we do believe it is the best way to manage expectations and avoid any surprises. Our Terms of Trade set out what we will deliver to you and what we expect from you. The last thing we want is a mismatch in understanding and a poor outcome for you, the customer.
We believe in providing great service and we take pride in our standards. The Terms of Trade below serve as the criteria for all of the work we carry out. These terms override any agreements made in person, over the telephone, or in any other communication.
When you ask us to carry out work on your behalf, you agree to uphold your obligations under these Terms of Trade.
If you have any questions please contact us on our office number 027 349 3715 or email us at info@summitrefrig.co.nz. If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. If you do not give us feedback or if you delay payment, it makes it difficult for us to put things right.
We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after, as much – if not more- than you do.
You can contact us the following ways:
Office – Stephanie Hitchins
Mobile Number: 027 349 3715
Email: info@summitrefrig.co.nz
Engineer & Operations Manager – Sean Hitchins
Sean Hitchins Mobile Number: 027 278 6648
Sean Hitchins Email: sean@summitrefrig.co.nz
1. Definitions
1.1 “Agreement” shall mean the terms and conditions contained in these terms and conditions of trade.
1.2 “Us” and “our” shall mean Summit Refrigeration Limited, its successors and assigns, or any person acting on behalf of and with the authority of Summit Refrigeration Limited.
1.3 “You” shall mean any person or legal entity purchasing Goods and Services from us, and where an order has been placed with us by an agency or third party, includes that agent or third party.
1.4 “Goods” and “Services” means (where applicable) all goods, products, services and advice provided by us to you and shall include without limitation the design and manufacture of air conditioning / refrigeration goods including air conditioning ducting and associated goods and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services.
1.5 “Price” shall mean the cost of the Goods and Services as agreed between you and us and includes all charges we are to pay to others on your behalf.
2 Acceptance
2.1 Any instructions that we receive from you for the supply of Goods and Services (either oral or in writing) shall constitute a binding contract and acceptance of the terms recorded in this Agreement.
3 Housekeeping
3.1 “After Hours Call Out Fee” – We define our normal hours of business from 6.00am-6.00pm Monday to Friday. Work done outside of these hours is subject to an afterhours call out fee.
3.2 “Call Out Fee” – A call out fee is a one-off charge and covers the administration costs of your job.
3.3 “Vehicle Service Fee” –This charge covers the cost of running our vehicles when attending jobs on your behalf.
3.4 “Parking permits/tolls/paid parking” – If, in the course of undertaking work for you we are required to pay for parking or any other vehicle travel costs, these will be passed on to you.
3.5 “Additional travel to the job site” – We allow up to thirty (30) minutes travel time to your site and this cost is covered in the Call Out Fee. If we take longer than thirty (30) minutes to travel to your job, you may be charged for this additional travel time.
3.6 “Additional travel back to the office/workshop” – In some circumstances, if your property is located outside of normal travel routes, you may be charged for the time it takes for the tradespeople to travel back to the office/workshop. If it is more than thirty (30) minutes, you may be charged for the extra time it takes the tradespeople to reach their destination. We as a Company, believe that it is good practice to pay the tradespeople when they are travelling for more than thirty (30) minutes. The exception to this is normal travel to and from home in peak motorway traffic. This condition usually applies to work outside of the city.
3.7 “After Hours Work” – If, in the course of a job, you ask us to do work which falls outside of normal working hours, we may have to charge you additional fees. If it has been arranged as a call-out, call-out fees will be applied. If not, additional fees will be applied to cover the overtime rates.
3.8 Cancelations – We are always happy to reschedule an appointment free of charge. If you need to cancel your appointment, please provide us with at least 48 hours’ notice. A cancellation fee may apply to appointments that are not cancelled within 48 hours of your appointment.
4 Collection and Use of Information
4.1 We will comply with all of our obligations pursuant to the Privacy Act 2020 (“the PA 2020”)
4.2 You acknowledge and agree that your personal information (whether contained in this Agreement or otherwise obtained) may be collected, held, used and disclosed for or in connection with the following purposes:
4.2.1 administering, whether directly or indirectly, our contracts with you and enforcing our rights, entitlements and interests under such contracts;
4.2.2 marketing goods and services provided by the us to you;
4.2.3 ascertaining at any time your creditworthiness and obtaining at any time your credit statements and/or reports;
4.2.4 enabling us to notify any credit agency of any application for credit or default in the observance of any obligation under any agreement between you and us and enabling us to provide such personal information to any credit agency;
4.2.5 enabling us to communicate with you for any purpose.
4.3 The intended recipient of the personal information shall be us and any third party providing services to us in relation to the purposes outlined above. Such personal information shall be held and used for as long as we deem necessary to carry out the functions of our business efficiently.
4.4 You have the right under the PA 2020 to obtain access to and to request correction of any personal information concerning you held by us.
4.5 You authorise us to obtain at any time from any person or entity, any information that we may require to process and/or accept any application for credit you may make to us and for such further or other purposes as we may reasonably require to secure to us the full rights entitlements and interests we are entitled to under any agreement between us and you, and so as to enable us to perform or complete any of those purposes for which the you have provided personal information to us. You irrevocably authorise and direct all such persons, each such Company and every such entity to release to us any personal information that person holds concerning you.
5 Prices
5.1 Unless otherwise agreed in writing before you place an order for the supply of Goods or Services, prices for Goods or Services are those stated in our Price List or otherwise in force when you place the order.
5.2 Prices are subject to change without notice.
5.3 All prices are in New Zealand Dollars.
6 Quotation
6.1 Where we give you a quotation:
6.1.1 Unless otherwise agreed in writing, the quotation shall be valid for thirty (30) days from the date of issue:
6.1.2 Where you provide us with drawings or specifications for the purposes of obtaining a quotation, the information must be clear, accurate, and in accordance with generally accepted industry practice and standards. If the information provided fails to be of the above standard and this results in additional costs to us, then such costs or damages can be claimed from you.
6.2 We reserve the right to alter the quotation:
6.2.1 Because you have requested variations to the supply of Goods; and/or
6.2.2 Because of circumstances outside of our control.
7 Payment
7.1 Where applicable, invoices are issued in accordance with the Construction Contracts Act 2002 (“the CCA 2002”).
7.2 Unless otherwise agreed, payment for all Goods and Services must be made:
7.2.1 By the date specified on any invoice or other form as being the date for payment; or
7.2.2 Twenty (20) days following the date the invoice was sent to you.
7.3 You shall not be entitled to set off against, or deduct from any payment, any sums owed or claimed to be owed by us to you nor to withhold payment of any invoice because part of that invoice, or any matter relating to the provision of Goods or Services is in dispute.
7.4 We may, at our sole discretion, decide that no Goods or Services shall be supplied to you until payment is received by us in advance.
7.5 We reserve the right to serve progress payments on you. Progress payments claimed under the CCA 2002 must be made no later than 20 days after a payment claim is served on you.
7.6 We may require payment of a deposit from you prior to providing any Goods or Services.
7.7 Payments which you make to us will be applied first to any amount owing to us.
7.8 Interest may be charged on any overdue amounts at the rate of 2.5% per month or part month.
7.9 All costs of or incurred by us as a result of your default including but not limited to administration charges, debt collection costs and legal costs as between solicitor and client are payable by you.
8 Risk
8.1 Goods remain at our risk until delivery to you.
8.2 At our sole discretion, delivery of the goods shall take place when you take possession of the Goods at our premises, or you take possession of the Goods at your nominated address (whichever is the earliest event).
8.3 Our failure to deliver any Goods and/or Services shall not entitle either party to treat this Agreement as repudiated.
8.4 Time will not be of the essence in respect of the delivery of Goods. We will not be responsible for any delay in the delivery of Goods and you will not be entitled to cancel orders because of any such delay. Dates for delivery of Goods are given in good faith and are not to be treated as a condition of sale or purchase.
8.5 We shall not be liable for any loss or damage whatsoever due to failure by us to deliver the Goods (or any part of them) promptly or at
9 Title
9.1 The parties agree that ownership of the Goods shall not pass until:
9.1.1 You have paid us all amounts owing for the particular Goods; and
9.1.2 You have met all other obligations due to us in respect of all contracts between the parties.
9.2 It is further agreed that:
9.2.1 until such time as ownership of the Goods shall pass from us to you, we may give notice in writing to you to return the Goods to us. Upon such notice being given, the rights of you to obtain ownership or any other interest in the Goods shall cease; and
9.2.2 until such time that ownership in the Goods passes to you, if the Goods are converted into other products, the parties agree that the we will be the owner of the end products.
9.2.3 if you fail to return the Goods to us then we (or our agent) may enter upon and into land and premises owned, occupied or used by you, or any premises where the Goods are situated as the invitee of you and take possession of the Goods, and we will not be liable for any reasonable loss or damage suffered as a result of any action by us under this clause. You indemnify us to the full extent of any loss or damage as a result of any action by us under this clause.
10 Personal Property Securities Act 1999 (“the PPSA”)
10.1 Upon acceptance of this Agreement in writing, you acknowledge and agree that:
10.1.1 This Agreement constitutes a security agreement for the purposes of the PPSA; and
10.1.2 a security interest is taken in all of your present and after-acquired property that we has supplied to you or in which Goods supplied or financed by us have been attached or incorporated.
10.1.3 the preceding clause provides us with a security interest in your after-acquired property in terms of section 43 of the PPSA.
10.2 You undertake to:
10.2.1 sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
10.2.2 indemnify, and upon demand reimburse us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods thereby;
10.2.3 to be responsible for the full costs incurred by us (including actual legal fees and disbursements on a solicitor/client basis) in obtaining an order pursuant to section 167 of the PPSA and/or otherwise enforcing any security interest created by this Agreement, including subordination agreements;
10.2.4 not register a financing change statement or a change demand in respect of the Goods without the prior written consent of us;
10.2.5 immediately advise us of any material change in our business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales;
10.2.6 to give us not less than 14 days’ prior written notice of any proposed change to your name or any other changes to your details, including a change of address, email address or trading name;
10.2.7 on request by us to immediately obtain from any third parties such waivers as we may at any time require to protect our security position.
10.3 You agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this Agreement,
10.4 You waive agree to waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA.
10.5 Unless otherwise agreed to in writing by us, you waive your right to receive a verification statement in accordance with Section 148 of the PPSA.
10.6 The Buyer shall unconditionally ratify any actions taken by the Seller under clauses 10.1 to 10.5.
11 Return of Goods
11.1 The return of Goods is considered at our sole discretion.
11.2 We will only consider a request for the return of Goods provided that:
11.2.1 The request is made within seventy-two (72) hours of delivery of Goods to you; and
11.2.2 The Goods are unused, in original packaging and in saleable condition; and
11.2.3 The Goods are a “standard stock item” (determined at our sole discretion); and
11.2.4 You agree to pay a restocking fee or 20% of the original invoice value (whichever is greater); and
11.2.5 You agree to pay all return freight and insurance costs.
12 Warranties
12.1 Where the Consumer Guarantees Act 1993 (“the CGA 1993”) applies to the supply of Goods or Services under this Agreement, you may have additional rights under the CGA 1993.
12.2 Where Goods supplied are subject to manufactures’ warranties, we will pass on the benefit of those warranties to you, without being directly liable to you under any warranty. You are responsible for the cost of returning Goods to the Manufacturer or to us under any warranty, and you may be responsible for additional costs including (but not limited to) freight. Where you require us to do anything related to a warranty claim, you must pay our service and call-out charges. We reserve the right to refuse to assist with warranties if any sum that you owe to us is overdue.
12.3 In addition to any rights you may have under the CGA 1993 or any manufactures’ warranty, we offer a twelve (12) month warranty on workmanship on air-condition units that we install.
12.4 Any warranty may be voided by unreasonable use, damage or misuse of equipment, damage after the Goods left our possession, negligent operation, inadequate cleaning and maintenance, unauthorised repairs, modifications or the use of parts, hardware, or consumables not supplied by us.
12.5 Where the Goods and Services that you acquire from us are not of a kind ordinarily acquired for personal, household, or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the Goods or Services for the purpose of a business, the provisions of the CGA 1993 and the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017, or implied by common law will not apply and are excluded from this Agreement.
13 Limitation of Liability
13.1 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, pandemic, storm or other event beyond the reasonable control of either party.
13.2 Subject to clause 12.1, our liability shall be limited to the value of defective Goods, Services supplied and none of us, our employees, contractors or agents, any manufacturer(s), or any of their materials or components or any suppliers of services, will be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This limitation of liability includes, but is not limited to, costs (including costs of returning Goods to us or to any manufacturer), loss of data, indirect or consequential loss, loss of contracts, loss of profits, damage caused by or arising from delays manufacture or delivery, faulty or delayed installation, unreasonable use, negligence
(including a failure to do something that should have been done or prevent something from happening), faulty specifications and design, or faulty materials or components of Goods.
14 Health and Safety at Work Act 2015
14.1 The parties acknowledge their respective obligations pursuant to the Health and Safety at Work Act 2015 (“the HSWA 2015”) and agree to comply with their respective duties and responsibilities under the HSWA 20115.
14.2 The parties will work cooperatively with each other in respect of any aspects where the parties have overlapping duties or obligations. The parties agree that they will consult with each other regularly to identify hazards and risks of harm at each Workplace (as defined in the HSWA 2015), and where hazards or risks of harm have been identified, to each incorporate these into their respective health and safety procedures and protocols to minimise the risk of harm or hazard as appropriate.
15 Dispute
15.1 If there is any dispute relating to this Agreement or any Goods or Services supplied, the party raising the dispute must give the other party written notice specifying particulars of the dispute.
15.2 If negotiations between the parties do not resolve the dispute, either party may refer a dispute to adjudication under the CCA 2002 or bring a claim before the Disputes Tribunals, the District Court, or the High Court, as appropriate.
16 General Conditions
16.1 This Agreement (and any agreement) between us is governed by the laws of New Zealand.
16.2 If we fail to enforce any terms or to exercise any right under this Agreement at any time, we have not waived that right.
16.3 You may not assign or subcontract your rights or obligations under this Agreement.
16.4 If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by this Agreement.
16.5 We may licence or sub-contract our rights under this Agreement without your consent.
16.6 We reserve the right to review this Agreement at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which we notify you of such change.
16.7 We retain all rights in or to any intellectual property associated with the Goods or Services irrespective of their sale or delivery to you.
