Customer Terms of Trade – Cash Terms
1.1 This document contains the terms and conditions of trade which apply to the sale of Products and the provision of Services by NOVUS Glass Restoration to all Customers.
1.2 These Terms of Trade take effect from 1 March 2010.
2.1 In these Terms of Trade, unless the context requires otherwise:
a. "Care Instructions" means the instructions attached to these Terms of Trade that relate to the care of the glass after the installation of Products, as referred to in clause 15;
b. "Customer" means any customer to whom NOVUS Glass Restoration supplies Products or Services;c. "NOVUS Glass Restoration" means Graffiti on Glass Removal Limited
d. "Parties" refers to the parties to these Terms of Trade, being NOVUS Glass Restoration and any Customer;
e. "Premises" means the location where NOVUS Glass Restoration has been instructed by the Customer to provide the Services or install the Products;
f. "Products" or "Product" means any and all glass protection products supplied and installed by NOVUS Glass Restoration at the Premises from time to time;
g. "Services" or "Service" means any and all polish and damage repair glass services provided by NOVUS Glass Restoration at the Premises from time to time;
h. "Terms of Trade" means this document or any replacement;
i. "Website" means www.novusscratchremoval.co.nz or any replacement site;
j. "Working Day" means any day (other than a Saturday or a Sunday) on which all registered banks are open for general banking business in Auckland, New Zealand .
3. Application of Terms of Trade
3.1 By accepting a quote provided by NOVUS Glass Restoration for Products or Services, the Customer is deemed to have accepted these Terms of Trade as exclusively governing the purchase of Products or Services from NOVUS Glass Restoration by the Customer, regardless of whether or not the Customer has signed these Terms
3.2 The Parties agree that these Terms of Trade take precedence over any other agreement between the Parties (whether oral or written), and over any inconsistent terms or conditions contained or referred to in a quote, confirmation of order, or other correspondence.
3.3 NOVUS Glass Restoration may change these Terms of Trade at any time by giving the Customer notice in writing by a general notice on the Website. The Customer is regarded as accepting those changes by placing an order for Products or Services with NOVUS Glass Restoration subsequent to the new Terms of Trade taking effect.
3.4 These Terms of Trade are published on the Website.
4. Products and Services
4.1 Customers may request NOVUS Glass Restoration to provide Products and Services in accordance with clause 5 of the Terms of Trade.
4.2 NOVUS Glass Restoration reserves the right to change the Products and Services available from time to time.
5. Prices and Quotes
5.1 A Customer may request a quote from NOVUS Glass Restoration for Products or Services by telephone, email or via the Website.
5.2 The Customer must provide NOVUS Glass Restoration with all available specifications, instructions and information relating to the required Product or Service, including the location of the Premises, the condition of the glass and the preferred time for the work to be carried out by NOVUS Glass Restoration.
5.3 Based upon the information provided by the Customer, NOVUS Glass Restoration may provide the Customer a written quote for the Product or Service requested. NOVUS Glass Restoration may not provide a quote if it believes the Products or Services are not able to be provided for any reason, including suitability, safety or that replacement of the glass is appropriate.
5.4 NOVUS Glass Restoration may request and specify further information required from the Customer to enable NOVUS Glass Restoration to provide a written quote.
5.5 Any quote provided to a Customer is based upon:
a. the conditionof the glass as at the date the glass is inspected by NOVUS Glass Restoration; or
b. if the glass is not inspected prior to NOVUS Glass Restoration providing a quote, the accuracy of the description of the condition of glass provided by the Customer to NOVUS Glass Restoration.
5.6 The Customer agrees that any damage to the glass sustained after the date the glass
5.7 The Customer agrees that if the description of the condition of the glass provided by the Customer is inaccurate and the condition of the glass is substantially different from the Customer's description, further costs will be incurred by the Customer is inaccurate and the condition of the glass is substantially different from the Customer's description, further costs will be incurred by the Customer.
5.8 The Customer agrees that where any further costs are incurred by the Customer in accordance with clauses 5.6 or 5.7 above, NOVUS Glass Restoration will complete any additional work required and add the additional cost to the quoted total amount payable to the extent that the additional cost does not exceed 30% of the quoted amount.
5.9 The Customer agrees that where further costs are incurred by the Customer in accordance with clauses 5.6 or 5.7 above, and the additional cost will be more than 30% of the quoted amount, a new quote will be required for the additional cost and NOVUS Glass Restoration will not complete the work until a new quote has been agreed with the customer
5.10 Where a new quote is required under clause5.9 above, any quote previously provided, including any quote accepted by and confirmed in writing by the Customer, shall not be binding on NOVUS Glass Restoration
5.11 All quoted prices are expressed in New Zealand dollars (NZD) and are exclusive of New Zealand GST. Subject to clause 5.10 and any special offers or promotions for limited periods, all quotes are valid for a period of 30 days.
5.12 NOVUS Glass Restoration may adjust its prices at any time.
6. Formation of Contract
6.1 Each quote provided by NOVUS Glass Restoration is deemed to be an offer to the Customer by NOVUS Glass Restoration to provide Services or install Products in accordance with these Terms of Trade.
6.2 A binding contract is formed when the Customer confirms in writing, accompanied with the signature of a person authorised to contractually bind the Customer, to NOVUS Glass Restoration that the quote is accepted on the terms and conditions contained in these terms of trade
6.3 The Customer may not cancel or vary the contract once the quote has been accepted without the prior written consent of NOVUS Glass Restoration.
7. Invoices and Payment
7.1 Products and Services must be paid for in full by the Customer within 7 days of the Product being installed or the Service being completed by using the payment mechanisms offered by NOVUS Glass Restoration.
7.2 The Customer must raise any dispute within 7 days of the Product being installed or the Service being completed. If the Customer disputes any amount payable, the Customer shall not withhold payment for amounts that are not in dispute.
8.1 Any date or time for the provision of Services or the installation of Products agreed to by NOVUS Glass Restoration is approximate only. NOVUS Glass Restoration will make every effort to ensure the provision of Services and installation of Products is on time, but any delay in the provision of Services and installation of Products shall not entitle the Customer to cancel any order for, or to refuse, the Products or Services. NOVUS Glass Restoration will not be liable to the Customer for any loss or damage arising in any way from any delay in delivery.
8.2 Delivery for Products is deemed to occur when the Products have been installed at the premises requested by the Customer. Delivery for Services is deemed to occur when the requested Services have been completed.
9.1 Risk to the Products passes to the Customer on delivery.
10.1 Ownership of the Products does not pass to the Customer until all amounts owing to NOVUS Glass Restoration by the Customer in respect of all Products supplied to the Customer by NOVUS Glass Restoration have been paid in full.
11.1 By accepting a quote for the installation of Products or the provision of Services the Customer acknowledges that after the installation of the Products or the provision of the Services the glass will not have the appearance of brand new glass, particularly if the glass is not new, and it is expected that some distortions or imperfections in the glass may occur. Most distortions or imperfections will reduce or disappear within the 30-day drying period that is required for the Products. However, it is possible that some minor visual imperfections will remain after the 30-day drying period. In addition, in some cases where scratch damage to the glass is very deep, remnants of the scratch may remain after the grinding and polishing process has been completed. The Customer accepts that such distortions or imperfections may occur and will not hold NOVUS Glass Restoration liable for any such
12. Defective Products
12.1 Immediately upon delivery, Products must be inspected by the Customer. If any Products are defective, the Customer must advise NOVUS Glass Restoration of such defect within 3 Working Days, after which period NOVUS Glass Restoration shall accept no liability for
12.2 NOVUS Glass Restoration will repair, or at its option, replace, the defective Product or provide further Services. This obligation will not apply where:
a. distortions or imperfections are of the kind described in clause 12.1;
b. distortions or imperfections in the glass existed before the Product was installed;
c. clause 14 applies;
d. subsequent to the installation of the Products or the provision of Services, the glass or Product has been subjected to misuse, unauthorised repair, damage, negligence, adverse weather conditions or alterations;
e. the Customer has not complied with the Care Instructions;
f. NOVUS Glass Restoration carries out additional work that is outside the scope of the order for Products or Services made by the Customer; or
g. the Customer has failed to notify NOVUS Glass Restoration of any defect, or any suspected defect, within 3 Working Days.
12.3 All costs of replacement Products incurred pursuant to clause 12.1 will be borne by NOVUS Glass Restoration.
13.1 Should damage to the glass occur, to the extent that the glass must be replaced, as a direct consequence of NOVUS Glass Restoration installing the Products or providing the Services, NOVUS Glass Restoration will be liable to the Customer for the costs of replacing the damaged glass. This obligation will not apply where the damage to the glass has not directly been caused by NOVUS Glass Restoration.
14.1 NOVUS Glass Restoration will not provide a refund of money paid where Products have been supplied in accordance with an agreed quote unless otherwise agreed between the Parties.
14.2 If NOVUS Glass Restoration delivers Products or Services that do not meet the requirements of the Customer, NOVUS Glass Restoration will discuss the changes required with the Customer. Any additional cost as a result of the changes will be payable by the Customer.
15. Care Instructions
15.1 After installation the Customer acknowledges that the Products require 30 days to dry. The Customer shall not clean the glass during this period.
15.2 The Customer must follow the Care Instructions provided by NOVUS Glass Restoration to ensure the best results after the Products have been installed
16.1 Provided the Customer complies with the care instructions in clause 15, NOVUS Glass Restoration gives a guarantee which will remain in effect for two years from the date on which the Products are installed, that:
a . the Products will have no manufacturing defects other than the distortions or 11; and
b. the Product will not discolour from ultra violet rays
17.1 An event of default will be deemed to occur if the
a. defaults on payment of the purchase price on the due date of payment;
b. refuses to accept the installation of Products or provision of Services it has ordered from NOVUS Glass Restoration; or
c. breaches any of its obligations under these Terms of Trade and fails to remedy such breach within 10 Working Days of the breach occurring (whether or not NOVUS Glass Restoration has made formal demand upon the Customer to remedy such breach);
d. becomes insolvent, commits any act of bankruptcy or if a receiver, liquidator or statutory manager is appointed over any of the Customer's assets or undertaking; or
e. makes or attempts to make an arrangement or composition with creditors.
17.2 If an event of default occurs in accordance with clause 17.1, NOVUS Glass Restoration without prejudice to any other right it has at law or in equity, shall be entitled to:
a. terminate this contract immediately by notice in writing to the Customer;
b. retain any payments made by the Customer under these Terms of Trade;
c. deem all amounts outstanding immediately payable, notwithstanding the payment due date has not arisen;
d. charge daily default interest to the Customer from the due date for payment at a rate of 12% per annum;
e. recover from the Customer the costs of and incidental to NOVUS Glass Restoration collecting or attempting to collect the outstanding debt, and enforcing or attempting to enforce its security (including legal costs on a solicitor/client basis); or
f. appoint a receiver (without consent of the Customer) and the receiver is authorised to do anything referred to in these Terms of Trade.
18.1 If NOVUS Glass Restoration’ agreement with the Customer comes to an end in accordance with clause 17.2 above, the Customer will still be bound by and must continue to meet its obligations under clause 7 (payment) and this clause 18.
19. Customer Warranty and Indemnity
19.1 By accepting a quote provided by NOVUS Glass Restoration the Customer warrants to NOVUS Glass Restoration that the Customer has obtained any necessary permits or consents for the installation of the Products or the completion of the Services including, but not limited to, any consent required from the landlord of the Premises.19.2 The Customer will indemnify NOVUS Glass Restoration for any liability (under any law and whether in contract or tort, including negligence), damage, loss, costs or expenses (including, without limitation, damage to property, plant or equipment and legal costs) suffered or incurred as a direct or indirect result of any act or omission by the Customer in breach of these Terms of Trade.
20. Exclusion of Implied Conditions and Warranties and Limitation of Liability
20.1 Save as expressly provided otherwise in these Terms of Trade, all conditions, warranties, representations, terms, undertakings and obligations on the part of NOVUS Glass Restoration expressed or implied by any statute, common law, equity, trade, custom, usage or otherwise (including, but not limited to, any conditions as to fitness or suitability for any purpose, merchantability or otherwise) are expressly excluded from these Terms of Trade, to the fullest extent permitted by law. 20.2 Without limiting clause 20.1, where the Customer is acquiring Products or Services from NOVUS Glass Restoration for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are expressly excluded from these Terms of Trade.
20.3 Save as expressly provided otherwise in these Terms of Trade, NOVUS Glass Restoration shall not be liable to the Customer, or any other Person for any direct, indirect, incidental or consequential damage or loss of any nature howsoever caused (whether based on tort (including negligence), contract or otherwise).
20.4 If, for any reason, NOVUS Glass Restoration is found liable to the Customer or any other Person in connection with the installation of any Products or provision of Services to the Customer and/or the performance of its obligations under any Contract, and NOVUS Glass Restoration is unable to rely on the exclusions of liability set out in this clause 20, the liability of NOVUS Glass Restoration shall in all cases be limited to the price paid or payable by the Customer for such Products or Services.
21.1 If either the Customer or NOVUS Glass Restoration fails to require performance of any obligations by the other under these Terms of Trade, that will not affect the right to require that obligation to be performed at a later time, nor will a waiver by either the Customer or NOVUS Glass Restoration of a breach of any part of these Terms of Trade amount to a waiver of any subsequent breach.
22. Assignment / Sub-contracting
22.1 NOVUS Glass Restoration may assign or subcontract any of its rights or obligations under these Terms of Trade.
22.2 The Customer may not subcontract any of its rights or obligations without NOVUS Glass Restoration' prior consent.
23. Events Beyond Reasonable Control
23.1 NOVUS Glass Restoration shall not be regarded as having committed a breach of its obligations under these Terms of Trade because of any failure to carry out any obligations under these Terms of Trade caused by events beyond the reasonable control of NOVUS Glass Restoration.
24.1 If a Court decides that any part of these Terms of Trade is invalid or unenforceable, the remaining parts shall remain valid and enforceable.
25.1 Any notices or other communications required under these Terms of Trade must be in writing. NOVUS Glass Restoration’ contact details are as follows: