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Terms & Conditions
Guardian Support Services is a division of idfi Ltd
- All Goods and/or Services provided to the Customer by Guardian Support Services are subject to the following terms and conditions ("Terms"). These Terms, together with any credit application or works requisition or similar order form constitute the entire agreement ("agreement") between the Customer and Guardian Support Services for the Goods provided and/or Services performed.
- Any amendments to these Terms must be agreed by Guardian Support Services in writing.
- If any provision of these Terms is invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect.
- If the Customer is a company or trust, each director or trustee (as the case may be) of the Customer who signs these Terms warrants that he/she is authorised to enter into the contract on behalf of the Customer.
- If anything in these Terms are inconsistent or conflict with any provision of any credit application form or other document between the parties, these Terms shall prevail.
- The Customer must not assign or transfer any of their rights or obligations under this Agreement to any other person.
- If, at any time, Guardian Support Services does not enforce any of these Terms or grants the Customer time or other indulgence, Guardian Support Services will not be construed as having waived that term or its rights to later enforce that or any other term.
- These Terms are subject to and governed by the laws of New Zealand.
- If the Customer orders or accepts Goods or Services, the Customer will be deemed to have accepted these Terms.
- In these Terms and in any credit application or works requisition or similar form:
Guardian Support Services includes any trading division that supplies Goods and/or Services to the Customer.
"Customer" means the Customer named on any credit application form, works requisition or similar order form, and includes any party placing an order with Guardian Support Services.
"Goods" means all goods or chattels provided by Guardian Support Services to the Customer.
"Services" means all services provided by Guardian Support Services to the Customer.
- Headings are used as a matter of convenience only and shall not affect the interpretation of these Terms.
USE OF INFORMATION
- For the purposes of facilitating the administration of Guardian Support Services business, the Customer authorities Guardian Support Services
- To collect all information it may require about the Customer from any third parties and authorises those third parties to release that information to Guardian Support Services;
- To hold all information given by the Customer or any third party to Guardian Support Services;
- To use that information including giving the information to any other person to facilitate collection of debts from the Customer.
- The information will be collected, held and used on the condition that:
- It will be held securely at the Guardian Support Services Offices referred to on the credit account application, works requisition or similar order form and/or Guardian Support Services invoice;
- It will be accessible to any of Guardian Support Services employees and agents who need access to it for the administration of Guardian Support Services business;
- The Customer may request access to and correction of it at any time.
PRICE & QUOTATIONS
- Unless otherwise expressly stated, all prices will be those applying at the date of delivery and will exclude freight charges.
- Unless otherwise stipulated in writing, the price of all Goods and Services excludes any amount payable in respect of GST, which will be paid by the Customer in addition to the price.
- Quotations are based on cost of labour, materials and equipment, freight and variable and fixed expenses and, where appropriate, rates of currency exchange operating at the date of quotation. Any increase in the cost to Guardian Support Services which may occur between the date of quotation and delivery shall be payable by the Customer and any such increase shall include a pro-rata increase in Guardian Support Services profit margin.
- Any variation in the quantity of Goods supplied to the Customer after the date of the quotation shall be at the Customer's expense. The Goods shall be priced at either the price applicable to the original quantity under the quotation or such other price as Guardian Support Services may determine in its absolute discretion.
- Unless the Seller has agreed in writing that any prices agreed to by the parties in relation to the supply of Goods are to be fixed, the Seller reserves the right to vary any prices to take account of increases in wages, salaries, costs of materials or services, alterations in customs, tariffs, insurance, freight or exchange rates or other causes not reasonably foreseeable by the Seller between the date of such prices being agreed to and the date of delivery of the Goods.
- Unless a prior agreement has been made, all Goods and Services must be paid for in full, 7 days from the invoice date or 7 days from the date of receipt of goods or services whichever is greater.
- Guardian Support Services may, however, in its absolute discretion, allow payment on some other basis specified in writing by Guardian Support Services.
- Payment must be made by the due date by way of cleared funds in full without deduction, counterclaim or set off whatsoever.
- Unless otherwise agreed in writing the amount payable shall be that shown on the Guardian Support Services invoice.
- If the Customer disputes any or all of an amount contained in an invoice, the Customer will:
- Immediately notify Guardian Support Services of the dispute and provide reasons for the dispute;
- Pay the full amount of the Invoice including the disputed amount by the due date specified in the invoice;
- Negotiate in good faith with Guardian Support Services to resolve the dispute.
- If payment is not made by the due date Guardian Support Services may, without prejudice to its other remedies, charge the Customer a late payment fee of 5% of the total outstanding amount or $10.00 per month whichever is the greater.
- Guardian Support Services may deduct or withhold any amount (whether by way of counterclaim, set-off or otherwise) from any money owing by Guardian Support Services to the Customer on any account whatsoever.
- If the price of any Goods includes the costs of delivery, unless otherwise agreed by Guardian Support Services prior to delivery, the agreement is in relation to the usual methods of transportation used by Guardian Support Services, between the hours of 7.30am and 5pm Monday to Friday (excluding statutory holidays). Guardian Support Services may, if the Customer requests, arrange for Goods to be delivered by other means or at other times, but will be entitled to charge the Customer for any additional costs that Guardian Support Services may incur.
- Guardian Support Services will endeavor to have the Goods delivered on the agreed delivery dates but will not be held liable for late delivery. Late delivery does not entitle any Customer to cancel any order or part order.
- Delivery will be deemed to have been made when Goods arrive at the delivery point agreed with the Customer or if the Customer is to arrange delivery of the Goods, when the Goods are available for collection by the Customer. The Customer or its authorised representative must sign Guardian Support Services copy of the delivery docket or packing slip before the Goods are unloaded or collected.
- All claims for errors in delivery or for Goods damaged in transit must be made to Guardian Support Services within two days of delivery in respect of Goods delivered by courier, and within seven days of delivery in respect of Goods delivered by any other means or Goods collected by the Customer, and in accordance with the procedures advised by Guardian Support Services from time to time.
- If the Customer fails or refuses to take delivery of any Goods at an agreed delivery time, Guardian Support Services may (without limiting any other rights or remedies Guardian Support Services may have) charge the Customer for any expenses or additional costs incurred by Guardian Support Services as a result of delay.
- If the Customer fails to make payment on any invoice when due or becomes insolvent, commits an act of bankruptcy, is adjudicated bankrupt or makes any composition or arrangement with creditors or being a company goes into liquidation whether compulsory or voluntary other than for the purpose of and followed by amalgamation or reconstruction, or has a receiver appointed of any part of its business or assets then Guardian Support Services reserves the right, and the Customer agrees that Guardian Support Services is entitled:
- To treat all sums due or to become due from the Customer whatsoever as immediately due and payable;
- To immediately cancel or suspend delivery of Goods and the provision of Services;
- By its agents to enter onto the Customer's premises where the Goods may be installed or stored and to search for and remove and take possession of the Goods without being in any way liable to the Customer or anyone claiming under it for so doing; and
- To withhold the further supply of Goods and Services on credit.
- Any expenses, disbursements and legal costs incurred by Guardian Support Services in the enforcement of any rights contained in these Terms shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
- Except for provisions as per Clause 10 Warranties, goods will not be accepted back for credit by the Seller from the Buyer without express approval of the Seller. Claims must be made within 30 days of supply of the goods.
- The Seller will not accept product returned for credit that is in any way damaged, or not of merchantable quality, or product that has been specially manufactured or procured for the Buyer.
- The Seller, should agreement to accept returns be granted, shall be entitled to charge the Buyer a re-stocking fee of 15% of the sell price for product returned in good merchantable quality.
SECURITY & TITLE
- Guardian Support Services retains legal and equitable title to any Goods supplied to the Customer until full payment is made for the Goods and all other Goods and Services supplied by Guardian Support Services.
- Notwithstanding that ownership of any Goods may remain with Guardian Support Services; all risk in relation to any Goods supplied will pass to the Customer on delivery.
- The Customer gives irrevocable authority to Guardian Support Services to enter any premises occupied by the Customer, or any other party on which Goods and Services are situated, at any reasonable time after default by the Customer, in order to remove and repossess any Goods, and to sell those Goods if necessary to recover unpaid monies.
- The Customer grants Guardian Support Services a “security interest” for the purposes of section 36(b) of the Personal Property Securities Act 1999 (the PPSA) in all present and after acquired Goods as security for the Customer’s obligations to Guardian Support Services.
- The Customer is to execute documents and do such further acts as may be required by the Company to register the “security interest” granted to Guardian Support Services under these Terms under the PPSA.
- Until ownership of the Goods passes, the Customer waives its right under the PPSA:
- To receive a copy of any verification statement;
- To receive a copy of any financing charge statement;
- To receive any notice that Guardian Support Services intends to sell the Goods or to retain the Goods on enforcement of the “security interest” granted to Guardian Support Services under these Terms;
- To object to a Guardian Support Services proposal to retain the Goods in satisfaction of any obligation owed by the Customer to Guardian Support Services;
- To receive a statement of account on sale of the Goods;
- To redeem the Goods;
- Where any Goods become an “accession” (as defined in the PPSA), to not have any Goods damaged when Guardian Support Services removes the accession, to receive notice of the removal of the accession and to apply to the court for an order concerning the removal of an accession.
- Guardian Support Services may review, limit, vary or withdraw credit at any time without liability to the Customer.
- If Guardian Support Services shall at any time deem the credit of the Customer to be unsatisfactory, it may require security for payment in a form satisfactory to Guardian Support Services in its absolute discretion and may suspend performance of its obligations under the agreement until the provision of such security.
- In respect of any components of the Goods which are manufactured and/or supplied by a Supplier, then:
- No warranties are given by the Seller in respect of such components;
- If the Supplier provides any warranty as to those components, then the Seller (to the extent that it is reasonably able) shall make such warranty available to the Buyer;
- The Seller shall in no event be held liable to pay to the Buyer any amount in excess of such amounts (if any) as it shall have received from the Supplier.
- For the avoidance of doubt, it is confirmed that any decision by the Seller to recall or replace products which contain components manufactured and/or supplied by a Supplier in any particular instance shall be at the sole discretion of the Seller.
- The Seller warrants that it shall make good any defects in materials or workmanship in any Goods which it has manufactured (subject to clauses 10.1 and 10.2), within six months from the date of Delivery. No claim shall be accepted unless written notice of the claim including full details of the defect is received by the Seller as soon as reasonably possible after the defect is discovered.
- No claim under clause 10.3 shall be accepted by the Seller if:
- Attempt to repair the defective Goods is made by anyone other than a person authorised by the Seller;
- The defective Goods were stored, maintained or operated other than in accordance with best trade practice, or contrary to any instructions referenced with or Selling of the Goods.
- EXCLUSION & LIMITATION OF LIABILITY
- Except as expressly provided in these Terms, all warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Goods, Services or to these Terms are, to the maximum extent permitted by law, expressly excluded.
- Nothing in these Terms limits any rights the Customer has under the Consumer Guarantees Act 1993 (“Act”) and these Terms must be read subject to those rights
- Where these Terms would otherwise be subject to the Act and the Customer is acquiring the Goods and/or Services supplied by Guardian Support Services for business purposes, the Customer agrees that the Act will not apply.
- Except where applicable law expressly requires otherwise, Guardian Support Services is not liable in any event for any special, indirect or consequential damage, loss or injury of any kind, or for any loss of business, profit, data or anticipated savings, suffered by the Customer or any other person, however caused, even if Guardian Support Services had been advised of the possibility of such damage, loss or injury.
- Insofar as Guardian Support Services may be liable, the maximum liability of Guardian Support Services , whether in contract, tort (including negligence), equity, under statute or otherwise for any loss, damage or injury arising directly or indirectly from any breach of Guardian Support Services obligations under the agreement is, except where applicable law expressly requires otherwise, limited, at the option of Guardian Support Services , to any one or more of the following:
- If the breach relates to Goods:
- The replacement of the Goods or the supply of equivalent Goods;
- Guardian Support Services is not liable for any failure or delay in performing an obligation in these Terms if it is due to a cause reasonably beyond its control.
- SERVICE LEVEL AGREEMENTS
- Service Level agreements may be entered into in negotiation between Guardian Support Services and the Customer;
- Service level agreements do not take effect until such time as both Guardian Support Services and the Customer have fully agreed upon all terms, and both have signed the final agreement;
- Any terms contained in service level agreements which do not follow the standard terms of trade supersede the standard terms of trade;
- Minimum terms of service level agreements are 2 years, and maximum terms are 5 years
If you have a complaint, please let us know. We welcome your feedback as an opportunity to improve our business and customer service. You can make a complaint by:
- Contacting us via our email: support
When making a complaint, please let us know the following information:
- Your Name and Email Address
- A brief description of the issue
- Order number, the product name and serial number, if applicable
- Date of purchase
We will respect our customers’ privacy in relation to any personal information given to us.
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