Terms and Conditions
1.1 “Aironaut Customs” shall mean Aironaut Customs Brokers Limited, or any agents or employees thereof.
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 Aironaut Customs.
1.3 “Goods” shall mean all goods, chattels, or services, provided by Aironaut Customs to the customer, and shall include without limitation all custom broker services and freight forwarding, landed casting reports, all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods by Aironaut Customs to the customer.
1.4 “Price” shall mean the cost of the goods as agreed between Aironaut Customs and the customer subject to clause 4 of this contract.
2.1 Any instructions received by Aironaut Customs from the customer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The customer authorises Aironaut Customs 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 Aironaut Customs to any other party.
3.2 The customer authorises Aironaut Customs 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 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
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 Aironaut Customs 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 Aironaut Customs between the date of the contract and delivery of the goods.
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 unless otherwise stated in writing(“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 Aironaut Customs 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.
6.1 Where a quotation is given by Aironaut Customs for goods:
6.2 Where goods are required in addition to the quotation the customer agrees to pay for the additional cost of such goods.
7.1 The goods remain at Aironaut Customs’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 Aironaut Customs 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 Aironaut Customs making time of the essence.
7.4 Where Aironaut Customs delivers goods to the customer by instalments and Aironaut Customs 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.
8.1 The customer authorises Aironaut Customs to contract either as principal or agent for the provision of goods that are the matter of this contract.
8.2 Where Aironaut Customs 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.
9.1 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 and services supplied by Aironaut Customs.
9.2 Where the customer has not paid for any goods in its possession property such goods shall remain with Aironaut Customs 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 Aironaut Customs 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 Aironaut Customs as security for the full satisfaction by the customer of the full amount owing between Aironaut Customs and customer.
9.3 The customer gives irrevocable authority to Aironaut Customs to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer. Aironaut Customs 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.
10.1 No claim relating to delivery of goods shall be considered unless made within 24 hours of delivery.
10.2 The customer shall be deemed to have accepted the goods unless the customer notifies Aironaut Customs otherwise within 48 hours of delivery of the goods to the customer.
11.1 Except as otherwise provided by statute Aironaut Customs 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 Aironaut Customs to the customer and without limiting the generality of the foregoing of this clause Aironaut Customs 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 Aironaut Customs 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 Aironaut Customs to the customer; and
11.1.3 The customer shall indemnify Aironaut Customs 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 Aironaut Customs or otherwise, brought by any person in connection with any matter, act, omission, or error by Aironaut Customs 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 Aironaut Customs for the purposes of a business in terms of section 2 and 43 of that Act.
13. GENERAL LIEN
13.1 The customer agrees that Aironaut Customs may exercise a general lien against any goods or any property belonging to the customer that is in the possession of Aironaut Customs for all sums outstanding under this contract and any other contract to which the customer and company are parties.
13.2 If the lien is not satisfied within 7 days of the due date Aironaut Customs may having given notice of the lien at its option either:
13.2.1 Remove such goods or property and store them in such a place and in such a manner as Aironaut Customs shall think fit and proper and at the risk and expense of the customer; or
13.2.2 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.
14.1 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 provided to the customer at the time of sale HOWEVER no warranty shall exceed that given by the manufacturer.
14.2 Aironaut Customs 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.
15.1 Aironaut Customs 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.
15.2 Any cancellation or suspension under clause 15.1 of this agreement shall not affect Aironaut Customs’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the customer’s obligations to Aironaut Customs under this contract.
16.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of Aironaut Customs.
16.2 Aironaut Customs shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
16.3 Failure by Aironaut Customs to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Aironaut Customs has under this contract.
16.4 The law of shall apply to this contract except to the extent expressly negatived or varied by this contract.
16.5 Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.
16.6 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.
16.7 Any dispute or difference between us and you arising under or connected with the goods or the terms of this contract shall be settled by Arbitration as provided in the Arbitration Act 1996 or any amendments thereto.
16.8 Copyright of these conditions is vested in NZ Cashflow Services Limited. Unauthorised copying or use is strictly prohibited. All rights reserved.