You acknowledge that these Sale Terms are to be read in conjunction, and supplement the Fletcher Building Terms of Credit.
GENERAL
For the purposes of these terms: "Goods" means all building, masonry, stone and concrete products including precast, pre-stressed and certified concrete (as may be sold from time to time) supplied by Firth, including all goods referred to in any invoice issued by Firth to the Customer at any time; "GST' means goods and services tax within the meaning of the Goods and Services Tax Act 1985.
PRICE
Goods will be invoiced at the price plus GST contained in Firth's price list, current on the date of delivery unless otherwise agreed in writing by Firth. Firth may alter any prices without notice and the purchase price of the Goods payable by the Customer may be different from the price quoted or the price current when the Goods were ordered.
DELIVERY
Delivery of the Goods will be deemed complete when the Goods are available for collection from Firths premises on the specified delivery date. The Customer shall be responsible for arranging the carriage of the Goods to the Customer's premises.
Where Firth has agreed in writing to arrange the carriage of the Goods: loading or deliveries carried out outside the hours of 7.30am and 4.00pm on weekdays must be by special arrangement and will incur an extra charge;
delivery will in all cases be deemed complete when the Goods arrive at the delivery address specified by the Customer;
the Customer is responsible for ensuring, at the Customer's cost, that the delivery address has sufficient and suitable means of access. Firth shall, at its discretion, determine whether there is sufficient and suitable access and may leave the Goods as near to the delivery address as a sale, hard public road permits;
if the Goods cannot be delivered (as a result of insufficient or unsuitable access or otherwise) or if the Customer fails or refuses to take delivery of any of the Goods at any specified delivery time, Firth may (without limiting any other right that Firth may have) charge the Customer for any of the following expenses incurred:
(a) hourly truck and driver rates for waiting time; and
(b) transportation, disposal of the Goods or any other additional expenses incurred in relation to the Goods; and
delivery of the Goods will be undertaken at the risk of the Customer and Firth will be deemed to be acting as an agent for and on behalf of the Customer and not as a Carrier for the purposes of the Carriage of Goods Act 1979.
Firth will not be liable for any loss, damage or delay howsoever arising caused by circumstances outside its reasonable control or by unscheduled delays, provided however that all reasonable steps are taken to comply with the Customer's preferred timetable for delivery. Any stated time for delivery is an estimate only. Late delivery or failure to deliver any Goods does not entitle the Customer to cancel any order or part order. All claims for errors or short delivery must be made to Firth in writing within five days of delivery. Without limiting any other provision in these terms, Firth is not liable for any shortages or damage to Goods where the Goods are left on-site unattended, following delivery.
Unless Firth agrees otherwise in writing delivery charges are to the Customer's account. The Customer will pay to Firth any additional and/or consequential costs or expenses incurred by Firth in delivering the Goods where it is necessary to leave a public road or street or paved or sealed road or street to deliver the Goods to the address requested by the Customer or where suitable and sufficient access is not provided. Such costs or expenses include (but are not limited to) the following:
any claims against Firth for damage to third party properly;
the cost of repairs lo the delivery vehicle or any property of Firth if damaged during such delivery; and
additional labour or transport costs incurred in such delivery.
PALLETS
Where pallets are supplied by Firth an additional charge may be made by Firth to the Customer for such supply and these terms will apply to such supplies. Firth may purchase pallets previously supplied by Firth and Issue a credit therefore to whomsoever returns the pallets, such credit being at the sole discretion of Firth but will take account of the condition of the pallets and the cost of collection where appropriate.
MISCELLANEOUS
If at any time Firth does not enforce any of these terms or grants the Customer time or other indulgence, Firth will not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.
If any of these terms or any part of them, are held or found to be void, invalid, unenforceable or otherwise ineffective by operation of law, they shall (to the extent necessary) be deemed to be severed from these terms but the remainder shall remain in full force and effect The right of Firth to sub-contract the whole or any part of any order for Goods is hereby reserved.
All customary construction industry tolerances will apply to the dimensions and measurements of the Goods unless Firth and the Customer agree otherwise in writing.
PRECAST CONCRETE PRODUCTS
If any or the Goods include Precast Goods, then in respect of those Precast Goods the following extra clauses will also apply:
Surface Finish: unless otherwise stated In the quotation for Precast Goods, all formed surfaces of units shall have an "off-form" finish which may not be completely free from pin hales or mould stain
Dimensions: Firth shall not be responsible for checking site dimensions and shall incur no liability for any loss or damage resulting from any want of accuracy in regard thereto
Specifications: Firth’s specifications and tolerances for Precast Goods are generally based on the relevant NZ Standard. Firth shall be entitled to make such minor variations to the Precast Goods as shall be reasonably necessary for the due completion thereof.
Lifting and Installation: where lifting devices are specified in the supply contract documents, Firth does not accept responsibility for their subsequent behaviour under load. Where lifting devices are not specified and are inserted by Firth for convenience of handling under factory conditions only, Firth shall not be liable for any damage caused by the use of such devices or their failure under load. Firth takes no responsibility and will not be liable for a Customer's propping system or other installation activities and any loss resulting therefrom.
Guarantee: Precast Goods are manufactured in accordance with relevant codes and are guaranteed against faulty workmanship. This guarantee shall extend for the contract period and the maintenance period of the contract. This guarantee is subject to the following exceptions
(a) that this guarantee shall not include any facing or discolouration of the surface which is caused by the environment; and
(b} that the materials and surfaces which are supplied and not manufactured by Firth are guaranteed only to the extent of any like guarantee offered by the respective suppliers.
ENVIRONMENTAL COMPLIANCE
The Customer acknowledges that it must comply with all laws (including without limitation the Resource Management Act 1991) in respect of the use, storage and/or disposal of any Goods.