Terms of Trade – Refrigeration Equipment & Services.
1. Definitions
- “Supplier” means Peter Boyce Refrigeration Limited, its successors and assigns.
- “Customer” means the purchaser of the Goods and/or Services.
- “Goods” means all refrigeration equipment, parts, components, and materials supplied by the Supplier.
- “Services” means all installation, commissioning, repair, maintenance, consultancy, and related work performed by the Supplier.
- “PPSA” means the Personal Property Securities Act 1999 (NZ).
2. Acceptance
2.1 By ordering or accepting delivery of Goods or Services, the Customer agrees to be bound by these Terms.
2.2 These Terms prevail over any terms of trade proposed by the Customer unless expressly agreed in writing.
3. Quotations & Orders
3.1 Quotations are valid for 30 days unless otherwise stated.
3.2 The Supplier may withdraw or amend a quotation before acceptance.
3.3 Orders are binding only when confirmed in writing by the Supplier.
4. Price & Payment
4.1 Prices are exclusive of GST, freight, installation, and other charges unless stated otherwise.
4.2 Payment is due on or before the 20th of the month following invoice, unless otherwise agreed in writing.
4.3 Interest may be charged at 2% per month (or the maximum lawful rate) on overdue amounts until paid in full.
4.4 The Customer must pay all costs of recovery, including collection and legal fees.
5. Delivery, Installation & Risk
5.1 Delivery is complete when Goods are delivered to the Customer’s premises, site, carrier, or as otherwise agreed.
5.2 Risk in the Goods passes to the Customer upon delivery.
5.3 The Supplier is not liable for delays in delivery, installation, or completion of Services.
6. Retention of Title & PPSA Security Interest
6.1 Ownership of Goods remains with the Supplier until all amounts owing are paid in full.
6.2 Until ownership passes, the Customer must:
- hold Goods as bailee,
- store them separately and clearly identified as the Supplier’s property, and
- not sell or dispose of the Goods except in the ordinary course of business.
6.3 The Customer grants the Supplier a security interest in the Goods (including future Goods supplied) and their proceeds to secure all obligations owed by the Customer.
6.4 The Customer agrees that the Supplier may register its security interest on the PPSR and waives its right to receive a copy of the verification statement under s148 of the PPSA.
6.5 If the Customer defaults, the Supplier may repossess the Goods and enter premises without liability for trespass.
7. Services
7.1 The Supplier will perform Services with reasonable skill and care consistent with industry standards.
7.2 Timeframes for Services are indicative only and not guaranteed.
7.3 The Supplier is not responsible for defects arising from misuse, lack of maintenance, unauthorised repairs, or fair wear and tear.
8. Warranties & Liability
8.1 New Goods are supplied with a 12-month warranty covering parts and labour from the date of delivery, provided the Goods are properly installed, used, and maintained.
8.2 This warranty does not cover consumables or items subject to normal wear and tear, including (but not limited to) light bulbs, tubes, seals, gaskets, filters, fuses, and batteries.
8.3 The warranty will be void if:
- repairs, servicing, or alterations are carried out by anyone other than the Supplier or its authorised agents;
- the Goods are not maintained in accordance with manufacturer or Supplier recommendations; or
- the Goods are damaged by misuse, neglect, power fluctuations, accident, or environmental conditions outside design specifications.
8.4 Services are warranted for [3 months] from completion against defects in workmanship.
8.5 To the maximum extent permitted by law, all other warranties (express or implied) are excluded.
8.6 The Supplier’s liability is limited, at its option, to:
- replacement or repair of Goods,
- resupply of equivalent Goods,
- re-performance of Services, or
- refund of the price paid.
8.7 The Supplier is not liable for indirect, consequential, or special losses (including loss of profit, business interruption, or spoilage of stock).
9. Returns
9.1 Goods may only be returned with the Supplier’s prior written consent.
9.2 Returned Goods must be in resaleable condition and accompanied by proof of purchase.
9.3 Freight and handling charges are the Customer’s responsibility unless otherwise agreed.
10. Force Majeure
The Supplier is not liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to supply chain disruptions, labour shortages, natural disasters, or equipment failures.
11. Termination
11.1 The Supplier may suspend or terminate supply immediately if the Customer:
- fails to pay on time,
- breaches these Terms, or
- becomes insolvent or subject to liquidation/receivership.
12. Notices
12.1 Any notice required to be given under these Terms must be in writing and delivered by hand, sent by post, or emailed to the relevant party at its last known address.
12.2 Notices to the Supplier must be addressed to:
Peter Boyce Refrigeration Limited
5 Freyberg Crescent
Waikanae Beach 5036
Email: ad***@****************co.nz
12.3 A notice is deemed to have been received:
- if delivered personally, on delivery;
- if posted, three (3) business days after posting;
- if emailed, at the time the email leaves the sender’s system, provided no error message is received.
13. Governing Law
These Terms are governed by New Zealand law, and the parties submit to the exclusive jurisdiction of the New Zealand courts.