Terms & Conditions
In these conditions unless the context otherwise requires:
· - Company means Grazing Systems Ltd
· - Buyer means the person, or company buying services or other from the Company.
· - Products mean the products being purchased by the Buyer from the Company.
· - Contract means the contract between the Company and the Buyer for the purchase of the services or goods.
· - Date of the contract means where the contract arises from the order/invoice submitted by the buyer to the Company, i) the date of acceptance of the order by the Company; Contract price means the price of services or goods as agreed between the Buyer and the Company.
· - Person includes a corporation, association, firm, company, partnership or individual. The quotation shall mean price on offer for a fixed term. The manager is the companies appointed decision maker.
· - PPSA means the Personal Property Securities Act 1999.
If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.
3.0 Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
- The Price shall be as indicated on the quotes and invoices provided by the Company to the Buyer in respect of products supplied.
- Time for payment for the products shall be of the essence and will be stated on the invoice/order form or any other work commencement forms. If no time is stated then payment is due on receipt of invoice.
- The Company reserves the right to implement a surcharge for alterations and additions to data supplied for the specified products after the order has been placed.
5.0 Payment, Late Payment, Default of Payment and Consequences of Default of Payment
1. 1The payment will be made upon receipt of the order/invoice by direct credit, as set out in the order invoice and the goods will be dispatched upon receipt of this payment by the Companies Bank.
- Subject to any provision to the contrary in the Contract, payment shall be received on or before the delivery of the report documents constituting the product.
- Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
- In that event a. the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
- The Contract constitutes a security interest in the goods supplied by the Company to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.
- To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which is for the Buyer’s benefit, or places any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
- To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company.
1. Governing laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
2. Dispute resolution
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
3. Reservation of title
Ownership and title of the goods remain with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.
The Company warrants its reports to the extent where incomplete or erroneous data intrudes on the reports reliability notwithstanding the propensity for non-intuitive outcomes from the companies modelling reports. No claim for refund of charges will be accepted when the report has been submitted in good faith based on the data provided by the service purchaser.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused by the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.