Automatic Gate Openers

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Terms

Terms and Conditions

General
Formation of Contract
Prices and Terms of Payment
Delivery
Shortages/ Damages or Loss in Transit
Return of Goods for Credit or Refund
Warranty
Property and Risk
Errors or Omissions
Description of Products
Force Majeure
Compliance
Personal Property Securities Act 1999
Costs
Disputes and Law


Terms Used

The seller' refers to Lockmaster.co.nz (Trading as Gatemaster)
'The buyer' refers to any legal entity purchasing  either goods and/or services (including installation) from the seller.

The term 'Buyer" and "Client" may be used interchangeably

The term "Seller" and "Supplier"  may be used interchangeably

"Property" refers to any goods supplied as individual items and or in the case of an installation all aspects of the installation including the installation itself plus any components associated with the installation.                                                                                                                                                  

"Installation" is defined as the provision and/or  installation and/or commissioning associated with automation and/or Gates- with gate openers and auxillary items - on Gates on a clients property and or the provision and/or installation and/or commisioning of Gates and/or automation of said gates, by Gatemaster or Gatemasters Agents. This also includes partial installation of Gatemaster or other automation as requested by the client.

"Delivery" is defined as the physical transfer of goods to the clients nominated addess by the sellers agent.

General

Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:

  • Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
  • The buyer shall not present themselves as Gatemaster or as a Gatemaster agent or representative without the express written consent of Gatemaster
  • Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
  • Gatemaster does not warranty or guarantee in anyway the workmanship of any non Gatemaster agent or representative and the presentation of third party installers on the Gatemaster website does not constitute in any form a guarantee of quality or qualify as any form of recommendation or endorsement of quality.
  • Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

Formation of Contract

The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller may or may not accept any buyers order for goods which are not held in stock by the seller at time the order is placed by the buyer. The seller's acceptance occurs (and the contract is formed) when the quotation is accepted or payment is made by the buyer.

Acceptance of a quotation by the client constitutes an acceptance by the client of the limit and  scope of work as outlined in the quotation and forms the framework of the contract between the supplier and the client. Any variation to the scope of this work must be agreed to in writing , signed and dated by both parties

Prices and Terms of Payment

Unless otherwise agreed in writing payment must be made by the buyer before delivery of the goods.If credit is granted by the seller to the buyer, the buyer shall pay all amounts due to the seller by the 20th of the month following month of invoice or within the time frame allowed on the Invoice.All payments by the buyer to the seller shall be made in full, free of any deduction, setoff, conuterclaim or legal or equitable claim howsoever arising.If the seller fails to make any payment due under this agreement by the due date for payment, then the seller may, without limiting its other rights in respect of such default:

  • Stop delivery of the goods;
  • Charge interest on the amount unpaid at the rate of 15% per annum calculated on a daily basis from the due date for payment until payment in full is received by the seller, such interest being payable by way of liquidated damages and not as a penalty;
  • Sell the goods at such price and on such terms as the seller shall determine in which case the buyer will be liable to pay to the seller any difference between the amount received from such sale and the amount payable under this contract.
  • Charge against the buyer's credit card, the amount of the payment due.
  • The seller's prices are subject to alteration without notice and the price payable by the buyer for the goods ordered shall be the price ruling at the date the goods are dispatched for delivery to the buyer as stated on the invoice.
  • The Buyer shall notfiy the seller with 10 working days after completion of the installation of any issue relatiing to the performance of the Gates, Gate Automation and auxillary itmes and or the quality of the installation and or any issues with the invoice and the Supplier will where practical rectify these issues in a  timely fashion. Notifcation of "issues"  does not give the buyer the right to withhold  payment but the buyer may with the agreement of the supplier withhold up to 10% of monies owed to the supplier until said issues are deemed to have been resolved by the supplier at which time the buyer will make payment of any outstanding amounts owing to the Supplier immediately and in full. Any nofication after 10 working days does not give the client any rights to withhold payment and full payment of all monies owed by the client to the supplier shall be paid.
  • Any remedial work required (relating to both workmanship and or product) must be performed and or actioned by the seller unless otherwise agreed to, in writting, with the client.
  • In the case of installation -including partial installation, the Supplier may at their discretion based upon non payment or any outstanding invoice choose to exercise their rights under the Terms and conditions as laid down in this document. This may include the right  to disable the clients Gates or gate automation or auxillary items  until payment is received in full cleared form to the Suppliers nominated bank account at which time the supplier shall reactivate the gates, gate automation and or auxillary items.The Supplier shall not be held liable and or resposnsible for any risk, threat, Inconvenience, action which may have resulted from the gates, gate automation and or auxillary items not being operational. The supplier also reserves the right to recoup any collection costs associated  with this activity.
  • The supplier reserves the right to charge for any variation/Modification made to the scope of the quote/Work over and above what has already been contracted by the client, the contracf being formed by acceptance of the quote by the client. The supplier reserves the right to request and receive  payment in full for any costs associated with modfication to the orginal scope of the contract
  • Where the supplier has provided a quotation to the buyer the supplier will honor the terms of the quotation except in situations where the quotation has been based on information supplied by the buyer where this  information has proven to be inaccurate and impacts on the quotation in a material way. The Supplier will be responsible for exercising due care to ensure that any asscoiated cost overrun will be kept  to a minimum and be fully justifiable to the Buyer
  • The seller reserves the riight to withhold any dcoumentation (these includes manuals, installation quides etc) relating to the installation until full and final payment has been received.
  • The seller reserves the right to limit any works, to the contracted works and items only until full and final payment has been received.

The seller's prices are inclusive of GST. Any other taxes, if chargeable, are payable by the buyer whether they are imposed or brought into force before of after acceptance of the buyer's order.

Delivery

The seller reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
The buyer shall pay the cost of delivery from the point of dispatch of the goods by the seller.

Shortages, Damages or Loss in Transit

Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage within 48 hours of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner

  • Prior to acknowledging delivery to the carrier the buyer must ensure that the consignment is complete against the Gatemaster delievery docket/invoice supplied.
  • Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
  • Within 48 hours of the receipt of consignment the buyer must ensure that all goods received are in good order and condition and that the order is complete
  • In the case of indent items as indicated by any included indent note the buyer should contact the seller no more that 5 days after the lastest delviery time indicated if the item/items have still not been receieved.

No claims will be considered after 48 hours of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.

 

Return of Goods for Credit or Refund

Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.

  • Requests to return goods must be submitted within 7 days from the date of supply and the original invoice number must be quoted.
  • Where goods are accepted (for credit or refund at the sellers discretion) they must be delivered at the buyers expense into the seller's store in original condition and packaging.
  • The value of any returns (less any restocking fee or fee for repair of any damage) will be held by the seller for the benefit of the buyer to be credited against the cost of future goods purchase by the buyer. No cash refund will be given.
  • The seller reserves the right to levy a restocking fee against any returns the seller may agree to accept. Such fees may be up to 25% of the invoice priced and levied at the seller's absolute discretion.

Warranty

  • The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which there are required and the seller is under no liability if they are not.
  • Subject to clause 3 the seller's liability in respect of any defect or failure of the goods or for any loss, injury or damaged attributable thererto is limited to the extent of clause 4. The seller shall not be liable to the buyer or any third party whether in tort or contact or in negligence or otherwise for any direct or consequential loss or damage attributed to defects in the goods nor in respect of conditions or warranties whether expressed or implied by statute or at common law or otherwise.
  • Where the buyer does not acquire the goods or hold itself out as acquiring the goods, for the purposes of a business then these conditions must be read subject to the provisions of the Consumer Guarantees Act 1993 which shall have full force and effect notwithstanding any contrary or inconsistent provision in these conditions. The Consumer Guarantees Act 1993 will NOT apply if the buyer acquired, or held itself out as acquiring the goods for the purposes of a business.
  • The goods are warranted against faulty workmanship or materials for 12 months from the date of purchase. Within the specified period the seller or its agents will repair or replace (at their discretion) any defect due to faulty workmanship or materials. This warranty shall not be valid if, having detected a fault, the user continues to operate the equipment. This warranty does not apply to any part of the goods which has been subject to misuse, neglect, alteration, incorrect installation, accident and to damaged caused by transportation, flood, fire or acts of God. The seller's liability under this warranty is limited to repairing or replacing a part without charge. The warranty is dependent upon the seller's inspection (or in the case of an electric motor the inspection by an electrical appliance serviceman nominated by the seller) determining the defect in workmanship or materials The Buyer shall not attempt to repair or to disassemble any component of the equipment supplied.  Attempted repair or disassembly by the buyer will void the warranty.  The buyer shall be responsible for ensuring that adequate and appropriated overload protection is installed within a reasonable distance of the goods.
  • The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller
  • A Gate automation system is often an intergration of various components often supplied by more than one supplier. Failure of one component of a system does not constitute the failure of the entire system and any remedy will be confined to the component at fault. These compenents include but are not neccessarily limited to the gate automation system, timer units, interlock units, lockout units, intercoms, keypads, loop detectors etc.
  • Gate Warranty

Property and Risk

Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
Ownership of all goods sold by the seller ('the goods') is retained by the seller until full payment is received for amounts owing in respect of all goods supplied. This provision is deigned to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
Until full payment is made the buyer agrees to:

  • Enable the goods to be readily identifiable as the property of the seller.
  • Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
  • On a sale or other realisation of the goods the buyer shall identify and separately account for the proceed of sale.
  • Ensure that the goods are covered by the Buyers insurance for all normal aspects of risk.

Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:

  • The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
  • The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of the cost (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller's remedies and,
  • The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and,
  • All monies owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and,
  • The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any excess after satisfying all of the buyer's payment obligations (including under the indemnity) will be paid to the buyer.

 

Errors or Omissions

The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in advertising, quotation, invoice or acknowledgment. Due to the seller's administrative processes, errors (if any) maybe discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

Description of Products

Modifications and improvements to the seller's products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Description, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.


Force Majeure

The seller shall not be liable to the buyer for any loss or damage or indirectly arising out of or in connection to any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.

Compliance

The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.

Personal Property Securities Act 1999

Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:

  • These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
  • A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship.

The buyer undertakes to:

  • Sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or
  • Indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing change statement on the PPSR or releasing any goods charged thereby;
  • Not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
  • Give the seller not less than 14 days prior written notice of any proposed change in the buyer's name and any other change in the buyer's details (including but not limited to, changes in the buyer's address, facsimile number, or business practice); and
  • Immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
  • In the event that the buyer is in default of its obligations pursuant to this agreement the seller shall notwithstanding section 109 of the PPSA and in addition to the rights thereunder be entitled to remove and take possession of and sell (by auction, public tender, private sale or any other method which the seller might reasonably consider to be appropriate in the circumstances) the Collateral and for such purpose the buyer hereby gives the seller licence by its agents to enter into, and if necessary, to break into any building occupied by the buyer and as the agent of the buyer to enter upon any premise where the buyer might enter upon search for, remove and take possession of the Collateral without being liable in any way to the buyer or any person claiming under the buyer for so doing.
  • The buyer agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to this Agreement or the security created hereunder; and
  • Waives the debtor's rights pursuant to sections 120(2), 121, 125, 129, 131 and 132 of the PPSA and waives the debtor's rights to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the Security Interest as created by this Agreement.
  • For the purpose of this agreement, Security Interest, Collateral and Perfected Security Interest ahve the meanings set out in s16 of the Personal Property Securities Act 1999.

Costs

The buyer agrees to pay to the seller all costs (including legal costs on a solicitor/client basis) of and incidental to the execution and discharge of this agreement and any of the securities and also all monies expended or charged by the seller as a consequence of default or which the seller considers in any way necessary to incur in the attempted protection, enforcement or attempted enforcement of the seller's rights and remedies pursuant to this agreement.

Disputes and Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.

 

 
  
 

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