Orders
1.1 Orders are accepted by SIQ Limited on these conditions of trade only. You are deemed to accept these terms and conditions by placing an order. These conditions shall apply to the exclusion of any otherconditions of sale unless specifically varied in writing and signed by the SIQ Limited.
1.2 - SIQ Limited reserves the right to refuse any orders.
Services
2.1 In providing automotive air conditioning, petrol mechanic, diesel mechanic and any other automotive services ("the Services") to you, we will:
(a)use due care and skill to the best of our ability and in accordance with standard industry practice;
(b)carry out repairs to, supply of parts, within a reasonable time; and (c)supply
parts that will be fit for purpose.
Price and Payment
3.1 Unless a quotation is provided, the price shall be calculated at an agreed rate per hour plus GST. Any discount received by SIQ Limited on the recommended retail price may be passed on to you at the sole discretion of SIQ Limited.
3.2 Payment is due on the 7 th day following date of invoice, in full and without offset unless a different payment date has been agreed upon in writing with SIQ Limited prior to the provision of services. If the invoice has not been paid by the due date in accordance with this clause then SIQ Limited shall be entitled to charge interest on the unpaid amount at 15% per annum calculated daily until the unpaid amount and all accrued interest has been repaid. All court costs and recovery costs will be charged to the customer.
3.3 All parts and other goods provided by us shall remain the sole and absolute property of SIQ Limited as legal and equitable owner until such time as the buyer shall have paid to SIQ Limited all amounts owing in accordance with this clause and the buyer acknowledges that, until such payment is made, it is in possession of the parts and other goods supplied solely as bailee for SIQ Limited.
3.4 Risk in the Equipment remains with you at all times including if such Equipment is moved, stored or otherwise by SIQ Limited. Risk in any parts shall pass at the time they are installed in or otherwise attached to or encompassed into the Equipment.
Quotes
4.1 If a quotation is provided, that quotation will remain in force for 7 days from date of quotation.
Authority and License
5.1 By requesting Services, you;
(a) warrant and guarantee that you are authorised to enter into this agreement for the provision of works on the Equipment and are authorised to give the license in clause 5.1(b) below; and
(b) you irrevocably grant an enduring license to SIQ Limited, its employees, agents and contracts to enter onto the property/properties on which the Equipment is held for the purpose of providing the Services or exercising any rights or performing any responsibilities provided in these terms and conditions.
5.2 You provide a full guarantee and indemnity for any losses including indirect and consequential losses sustained by SIQ Limited for any breach of clause 5.1.
Health and Safety
6.1 Where the provision of Services requires entry onto a construction site or similar then you must advise SIQ Limited of all applicable protocols, rules and regulations, including but not limited to health and safety, applicable to the site and shall provide all necessary equipment in order for SIQ Limited to comply with such rules, regulations and protocols.
Warranty and liability
7.1 We guarantee that we will remedy any defective workmanship and replace any faulty materials that are reported to us in writing within 30 days of completion of the Services excluding fair wear and tear.
7.2 This guarantee does not extend to;
(a)any parts, materials or labour supplied by you any other party;
(b)inappropriate or improper use, maintenance or care of the Equipment following completion of the Services.
7.3 SIQ Limited’s liability under any statutory right or any condition or warranty, including any implied by the Sale of Goods Act 1908, the Fair Trading Act 1986, the Consumer Guarantees Act 1993 or similar Act is, to the maximum extent permitted by law, excluded and you acknowledge that where you are a business any products and Services supplied by SIQ Limited are, for the purposes of the Consumer Guarantees Act, acquired in trade.
7.4 SIQ Limited’s liability beyond the above warranty or for any defect in or for any loss, injury or damage attributable to or arising in connection with these terms and conditions and/or the provision of the Services under these terms and conditions is limited to the consideration paid by you for the Services.
General Terms
8.1 We hold a certificate of insurance for public liability.
8.2 These terms and conditions shall be governed by New Zealand law and will be in the exclusive
jurisdiction of New Zealand Courts.
8.3 No waiver or any breach of these terms and conditions shall be deemed to be a waiver of any other or any subsequent breach.
8.4 The failure of either party to enforce any provision in these terms and conditions at any time shall not be interpreted as a waiver of the provision.
8.5 If any provision of these terms and conditions are invalid or unenforceable, then such provision shall be modified to the minimum extent to render it valid and enforceable or where this is not possible shall be severed so it shall not affect any other part of such provision or any other provision thereof.