NOVALOK STORAGE SYSTEMS LIMITED
TERMS OF TRADE

In these Terms of Trade we have used we, us and our to refer to Novalok Storage Systems Limited and you to refer to our customer. By ordering goods from us you agree to these Terms.

    1. DELIVERY
      • If we have given you a time for collection of the Goods (or any part of them), such time is approximate only and is not deemed to be of the essence.
    2. PRICE
      • Unless we agree otherwise in writing, the amount you will be charged will be the price as at the date of order and payment.
      • If we provide a quotation to you, it is based on information available to us at that time and we may charge you more than the amount quoted if our costs (eg the amount we pay for the Goods or any part of them or the cost of transport, tax, exchange rates or other costs) or the specifications change. Unless otherwise agreed in writing, prices are quoted exclusive of GST.
    3. PAYMENT
      • You must pay for Goods in full on ordering them, unless we agree otherwise.
      • We are under no obligation to supply Goods to you on credit.
    4. WARRANTIES
      • The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
      • Where you acquire goods and/or services from us for the purposes of a business:
        • the parties acknowledge and agree that:
          • you are acquiring the goods and/or services covered by these Terms for the purposes of a business in terms of sections 2 and 43(2) of the Consumer Guarantees Act 1993;
          • the goods and/or services are both supplied and acquired in trade for the purposes of the Fair Trading Act 1986 and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations), and 13 (False or misleading representations); and
        • you agree that all warranties, conditions, and other terms implied by the Consumer Guarantees Act 1993 or sections 9, 12A, and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.
    1. LIMITATION OF LIABILITY
      • Except as expressly otherwise provided by clauses 1 or 4.2, we will not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Goods provided by us to you.
      • To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the amount of the price of the Goods concerned. If Goods are returned by you, or if you make a claim in writing to us in relation to Goods provided, we may, in our discretion, repair or replace the Goods, or refund the price of those Goods to you, provided that:
        • the Goods must be returned or the claim must be made in writing to us within one calendar month(s) of collection; and
        • you must supply the date and number of any invoice relating to the Goods; and
        • we must be given a reasonable opportunity to inspect the Goods.
    1. PRIVACY OF INFORMATION
      • You authorise us:
        • to collect, retain and use information about you from any person for the purpose supplying the Goods.
    1. NOTICES
      • Any notice may be given by phone, in person, posted, or sent by fax or email to you or where you are a company, to any of your directors.
    1. CONFIDENTIALITY
      • You will at all times treat as confidential all non-public information and material received from us and will not publish, release, or disclose the same without our prior written consent. For clarity, confidential information includes any new Intellectual Property and prices.
    2. COSTS
      • You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms.
    3. JURISDICTION
      • These Terms are governed by and construed according to the laws of New Zealand and, subject to clause 11, the parties submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms.
    4. DISPUTES
      • Any claim or dispute arising under these Terms will be determined by arbitration under the Arbitration Act 1996 if the parties are unable to resolve such dispute themselves within one (1) month of the dispute arising. However, nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand courts.
    5. FORCE MAJEURE
      • We will not be liable for any failure or delay in complying with any obligation imposed on us under these Terms if the failure or delay arises directly or indirectly from a cause reasonably beyond our control.
    6. SURVIVAL
      • This clause 13 and clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, and 15 and any other provision which by its nature is intended to survive the termination or expiration of these Terms will survive the termination or expiration of these Terms or completion of the Work.
    7. GENERAL
      • These Terms supersede and cancel any earlier representations, warranties, understandings and agreements (whether oral or written), and constitute the entire agreement between us and you relating to their subject.
      • No failure or delay by us to exercise (in whole or in part) any right, power or remedy under these Terms will operate as a waiver of that right, power or remedy.
      • We may change these Terms at any time. Any change applies from when it is published on our website co.nz
    8. DEFINITIONS
      • In these Terms unless the context otherwise requires:
        Default has the meaning set out in clause 5.1.
        Goods includes any associated services that we supply.
        Security means all existing and future security held by us that secures your obligations under these Terms.
      • The rule of construction known as the contra proferentem rule does not apply to these Terms.
      • Words referring to the singular include the plural and vice versa.
      • Any reference to a party includes:
        • that party’s executors, administrators, or permitted assigns; or
        • if a company, limited partnership, or any other body corporate, its successors or permitted assigns or both.
      • Clause headings are for reference only.
      • References to clauses are references to clauses of this agreement.
      • References to money will be New Zealand currency, unless specified otherwise.
      • Expressions referring to writing will be construed as including references to words printed, typewritten or otherwise visibly represented, copied or reproduced (including by fax or email).
      • References to statutory provisions will be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time.

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