Quotations are offered and orders accepted subject to the conditions of sale specified below. Conditions of purchase contained in customers order forms and any other conditions which the customer may seek to impose which are at variance with or additional to Letechnic’s conditions of sale are not binding on Letechnic unless specifically accepted in writing.
2. ACCEPTANCE OF ORDER
Notwithstanding that Letechnic may have given a detailed quotation no order shall be binding on Letechnic unless and until it has been acknowledged in writing by Letechnic. Unless otherwise specifically agreed between the parties and stated in writing quotations are held open for 30 days only.
3. PRICE VARIATION
In instances where Letechnic does not quote a fixed price for the provision of goods or services, then in the event of a rise or fall in the cost of such goods or services, the price shall be adjusted in accordance with such price variation. Where the customer requests goods or services in addition to the original agreed specification, Letechnic will advise the customer of the cost of such changes and obtain a variation of order in writing before commencing any additional work.
4. DELIVERY AND COMPLETION
Delivery and completion dates are given in good faith. However, delivery shall not be the essence of the contract and is conditional upon Letechnic being able to procure the necessary labour, materials and processing and without responsibility for delays arising from risks and uncertainties of manufacture, strikes, accidents and other causes beyond the control of Letechnic.
5. CONDITIONS AND WARRANTIES
In substitution for all and any other rights which the Client would or might have had but for these conditions, the liability of Letechnic in respect of any defect in or failure of any goods or services supplied, or for any loss injury or damage ttributable thereto is limited to making good by replacement or to the repair of defects which, under proper use, appear therein and arise solely from faulty materials and or workmanship, within a period of 12 calendar months after delivery.
All equipment is to be returned to our office for repair at the customerÃ¢â‚¬â„¢s expense. If the fault is covered by warranty then the return freight will be paid by Letechic
Letechnic requires full payment by bank transfer prior to the shipment of goods or the supply of services.
7. TITLE IN GOODS
The property in goods supplied shall pass to the Client when payment shall have been received by Letechnic for those goods.
8. FREIGHT and DUTIES
All equipment is quoted FCA Auckland. The customer is responsible for all freight and clearance costs as well as any duties or taxes payable in the country of destination.
Copyright in all products and material designed or originated by Letechnic, its principals, employees or subcontractors, is the sole property and vests absolutely in Letechnic.
Contracts may not be cancelled except by agreement in writing by both parties, and upon payment to Letechnic such amount as may be necessary to indemnify Letechnic against all loss resulting from the said cancellation.
11. CONSEQUENTIAL LOSS
Letechnic shall not be liable for any costs, claims or damages arising out of any tortious act or omission or of any breach of contract or statutory duty calculated by reference to profits, income, production or accruals or loss of such profits, income, production or accruals or by reference to accrual of such costs, claims, damages or expenses on a time basis.
12. LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate as a New Zealand contract and in conformity with New Zealand law and the New Zealand Courts may assume jurisdiction in respect of any matter or claim arising therefrom or relating thereto.
Any notices required to be served pursuant to these conditions shall be served as follows:-
Notices to Letechnic Limited – Box 11-681, Ellerslie, Auckland, NZ or by facsimile to +64 9 5254251.
Notices to the Client – Such address as the Client may stipulate, or, failing this, either the last address to which deliveries were made, or, in the case of a limited company, to its registered office.
A properly addressed notice sent by registered post or where appropriate registered air mail shall be deemed received within ten days of its dispatch.