1. DEFINITIONS 1.1 “TCNZ” means Tower Cranes NZ Limited or any of its agents or employees. 1.2 “Customer” means the Customer, any person acting on its behalf, or any person purchasing products and services from TCNZ. 1.3 “Goods” means all goods supplied (hired, sold or used in Services) by TCNZ to the Customer. 1.4 “Services” means all works, services and advice provided by TCNZ to the Customer. 1.5 “Business Day” means any day other than a Saturday, Sunday, any national public holiday and any public holiday in the province in which Services are being provided. 1.6 “Breakdown” means a breakdown including mechanical breakdown, and a breakdown due to a failure in or damage to electrical or control systems, or damage to coatings or other parts. 1.7 “Contract” has the definition in clause 2.1. 1.8 “Due Date” has the definition in clause 6.2. 1.9 “Hours of Work” means up to 10 hours maximum in the period 6am to 6pm on each Business Day, unless TCNZ in its sole discretion specifies different Hours of Work for a particular Good or Service. 1.10 “Loss” means loss, liability, damage, claims, expense or cost of any nature or kind and however arising, including legal costs on a solicitor-client basis and/or debt collection agency fees, and including direct, indirect, and consequential loss and damage. 1.11 “Price” means the cost of Goods and Services payable by the Customer to TCNZ, and disbursements, and may include charges for labour and associated allowances, hire charges, fuel, transport/mileage, insurance, and erection and dismantling fees. 1.12 “PPSA” means Personal Properties Securities Act 1999. 1.13 “Site” means the site at which Goods supplied by TCNZ will be used or held and/or where Services are being provided (but does not include TCNZ’s own premises). 1.14 “TCNZ Workers” means any individual engaged by TCNZ who carries out work in connection with Goods and/or Services. 1.15 “Term” means, for each Good and Service, the agreed length of time for which that Good / Service is provided to the Customer, or, in the case of a sold Good, when title has passed to the Customer. The Term may be amended by agreement, or brought to an end early by termination.
2. ACCEPTANCE AND CONTRACT 2.1 Any instructions received by TCNZ from the Customer for the supply of Goods and/or Services constitutes a binding contract only when TCNZ confirms in writing that it accepts the instructions (Contract), and the Customer is deemed to have accepted these terms and conditions contained which are incorporated into the Contract. 2.2 Where a Purchase Order / reference is required by the Customer, the onus is on the Customer to provide TCNZ with a Purchase Order / reference at the time of ordering the Goods and Services. If the Customer requires but fails to provide TCNZ with a Purchase Order / reference, the Customer remains at all times fully liable for all its obligations under the Contract. 2.3 The Contract shall supersede and replace all previous representations, warranties, understandings, agreements or undertakings, whether verbal or in writing, and shall take precedence over any other term, condition, agreement or other document, including any Purchase Order provided by the Customer to the extent of any inconsistency with the Contract, save in the case where the other written agreement between the parties, or additional terms applying, is a TCNZ standard form. 2.4 TCNZ reserves the right to amend these terms and conditions at any time, which will bind the Customer for future Contracts.
3. COLLECTION AND USE OF INFORMATION 3.1 The Customer authorises TCNZ: 3.1.1 to collect, retain and use any information about the Customer, for assessing the Customer’s credit worthiness, enforcing any rights under these terms and conditions, or marketing; and 3.1.1 to disclose any information obtained for the purposes in 3.1.1. 3.2 Where the Customer is a natural person the authorities in 3.1 are authorities or consents for the purposes of the Privacy Act 1993.
4. PRICE 4.1 Where no Price is stated in writing the Goods and Services are deemed to be sold, hired or otherwise provided at the current amount and/or rates as such Goods and Services are sold, hired or provided by TCNZ at the time of the Contract. 4.2 This Price may be increased by the amount of any reasonable increase in the cost of supply beyond the control of TCNZ between the date of the order and delivery of the Goods and Services. 4.3 Notwithstanding any other provision, save clause 9, if on a day any Goods or Services are to be supplied (save for where such Goods are being purchased by the Customer), and the Goods / Services cannot supplied due to a cause outside TCNZ’s reasonable control (including non-delivery of materials, weather, and/or Site access being impeded), the Customer will nevertheless pay TCNZ fees for that day, which will be charged at: 4.3.1 the daily cost for the Goods; and 4.3.2 for TCNZ Workers, either in accordance with 4.4, 4.5 or 4.6 as if Services had been provided (regardless of whether the Customer requests the TCNZ Workers to leave or not attend Site), or a full day if TCNZ Workers have been requested by the Customer to remain on standby. 4.4 For each Business Day on which Services are provided, TCNZ Workers will each be charged at a minimum of four hours (regardless that the time actually spent carrying out Services may be less). For the avoidance of doubt, this is the minimum amount only and the actual Hours of Work where more shall be charged. 4.5 If TCNZ agrees to provide Services outside the Hours of Work, the Customer will pay TCNZ at TCNZ’s overtime rates. For any Services TCNZ agrees to provide on a Saturday or Sunday, TCNZ Workers will each be charged at a minimum of four hours for each of these days worked (regardless that time actually spent carrying out Services may be less). 4.6 If TCNZ agrees to provide Services on public holidays, TCNZ shall be entitled to the costs of TCNZ Workers to be charged at a minimum number of hours and at a higher than standard rate, to be agreed. 4.7 Save for those Goods purchased by the Customer, TCNZ is entitled to charge, and the Customer will pay, the relevant amounts / rates for Goods used on non-Business Days and/or outside the Hours of Work.
5. DEPOSIT 5.1 TCNZ may require the Customer to pay a deposit prior to Goods and/or Services being provided. If prior to supply the Customer decides not to proceed (other than where the Customer has lawfully terminated the Contract because of a breach by TCNZ), or TCNZ lawfully terminates the Contract, then in addition to its other rights and remedies TCNZ is entitled to retain the deposit. The Customer acknowledges the deposit is retained to put towards the time and cost incurred by TCNZ in relation to the Customer’s project, and towards the loss of profit that TCNZ may incur as a result of reserving the Good / Service for the Customer. But if the Contract remains on foot, the deposit will be credited against the first payment of fees due to TCNZ.