This contract sets out the terms and conditions that apply when you (“you” and “your”) decide to purchase products from Youngman Richardson & Co Limited (“we”, “us” and “our”).
If these terms and conditions conflict or are at variance with any terms and conditions imposed by you, then our terms and conditions shall prevail.
What information about you can we collect?
You agree that before we decide to supply products to you, we may obtain information about you to assess your credit worthiness, enforce any rights under this contract and market any of our products to any other entity.
You agree that we may give that information to any person for the above purposes, but you may withdraw your consent at any time.
You may access any information that we hold about you and ask us to correct any mistakes in it.
What are our products?
In these terms and conditions “products” means and includes, without limitation, the following:
all contracting, construction, industrial, farming and commercial equipment and tools including but not limited to compaction and earthmoving equipment, pumps and water blasters, generators, welders, light towers, access equipment, concreting equipment, landscaping equipment, heaters, loaders, excavators, specialist equipment, industrial engines, outdoor products and a full range of tools; and
all spare parts and accessories; and
all technical advice, servicing and maintenance requirements including the provision of maintenance training; and
all products and services identified in any order form, supply request, quotation, proposal, email or invoice issued by us to you, which documents are deemed to be incorporated into and form part of our contract with you; and
all inventory supplied to you.
What is the price?
The price is the cost of the products as agreed between you and us.
If no price is stated in writing, the products will be deemed to be supplied at the current amount that we supply those products at the time we contract with you.
Freight, handling and packaging costs may be in addition to the price.
What happens when we give you a proposal?
When we give a proposal (“our proposal”) for products:
unless otherwise agreed our proposal is valid for thirty (30) days from the date of issue; and
our proposal will be exclusive of Goods and Services Tax unless specifically stated to the contrary; and
when products are required in addition to our proposal, you agree to pay for the additional cost of such products; and
our proposal is subject to change due to money currency fluctuations; and
with respect to repairs it is only possible to give an estimate of the repair cost; and
a deposit may be required.
When are you required to pay us?
You agree to pay us:
except when we require immediate payment, or unless otherwise arranged, you are required to pay us on or before the 20th day of the month following the date of our invoice (“the due date”);
a deposit may be required;
interest may be charged on any amount you owe us after the due date at the rate of 2.5% per month or part month; and
any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract, shall be payable by you.
What security rights do we have?
Until you have paid us in full for all products supplied, we retain ownership of the products.
Until you have paid us in full for all products supplied, it is agreed that pursuant to the Personal Properties Security Act 1999 (“the Act”), we have a security interest in all products supplied by us to you.
If the products are attached, fixed or incorporated into any property belonging to you by way of any manufacturing or assembly process, title in the products shall remain with us until you have made payment for all products supplied and when those products are mixed with other property so as to be part of or a constituent of any new products, title to the new products shall be deemed to be assigned to us as security for the full satisfaction by you of the full amount owing between you and us.
You give us an irrevocable authority and licence to enter any premises occupied by you or on which the products are situated at any reasonable time after default or before default if we consider a default is likely to occur or the products are “at risk” and remove and repossess any products and any other property to which products are attached or in which products are incorporated (“the repossession”).
We are not liable for any costs, damages, expenses or losses incurred by you or any third party nor liable in contract or in tort as a result of the repossession and you agree to indemnify us for any costs, damages, expenses or losses incurred as a consequence of the repossession.
It is also agreed that we are not obliged to comply with our obligations under sections 107 (2) (a) to (e) and 107 (g) to (i) of the Act and that you will not register a financing change statement without our prior written consent.
Further you agree to waive your entitlement to receive the notice of sale referred to in section 114 (1) (a) of the Act and that nothing in sections 133 and 134 shall apply.
Following repossession we are entitled to sell the repossessed products and property or retain the repossessed products and property and give credit for such reasonable amount as we shall determine.
When are you responsible for the products?
We are responsible for the products until they are picked up by you or given to you by us or our agent. Thereafter you are responsible for insuring the products.
The time stated for delivery is an estimate only and we are not responsible for any delay in the delivery of the products.
What warranties and guarantees do you have?
The manufacturer’s warranty applies where applicable.
Any written warranty that we provide to you will also form part of this contract.
What is the limitation on our liability?
The Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sales of Goods Act 1908 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law be excluded.
Subject to clause 10.1, if we are deemed to be liable to you for any loss or damage of any kind whatsoever, arising from the supply of products by us to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort (including our negligence) or otherwise, then it is agreed by you, that our liability is limited to $1,000.00.
When may we cancel our contract with you?
In addition to any other cancellation or suspension entitlements, we have the right by notice to suspend or cancel any part of any contract for the supply of products to you if you fail to pay any money owing after the due date.
Any cancellation or suspension will not affect our claim for:
money due at the time of cancellation or suspension;
damages for any breach of your obligations to us under this contract;
any other legal rights we have.
Does a personal guarantee apply?
If you are a company or the trustee of a trust:
the director(s) or trustee(s) signing this contract, in consideration for us agreeing to supply products and grant credit to the company or the trust, also sign this contract in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment;
any personal liability of a company director or trustee will not exclude the company or trust from the liabilities and obligations contained in this contract.
What are you also agreeing to?
We are not liable for delay or failure to perform our obligations, if the cause of the delay or failure is beyond our control.
On occasions we may outsource (contract out) part of the work required in producing the products.
If we fail to enforce any of the terms and conditions contained in this contract it shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.
If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.