Terms of service

1. Definition

1.1 "Lion Refrigeration" shall mean Lion Refrigeration, or any agents or employees thereof.

1.2 "Customer" shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing products or services from Lion Refrigeration.

1.3 "Goods" shall mean all goods and services supplied by Lion Refrigeration to the Customer.

1.4 "Price" shall mean the cost of the goods and services as agreed between Lion Refrigeration and the Customer.

2. Acceptance

2.1 Any instructions received by Lion Refrigeration from the Customer for the supply of goods and services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

3. Collection and use of information

3.1 The Customer authorises Lion Refrigeration to collect, retain and use any information about the Customer, for the purpose of assessing the Customer\u2019s creditworthiness, enforcing any rights under this contract, or marketing any goods and services provided by Lion Refrigeration to any other party.

3.2 The Customer authorises Lion Refrigeration to disclose any information obtained to any person.

4. Price

4.1 Where no price is stated in writing or agreed to orally, the goods and services shall be deemed to be sold at the current amount as such goods and services are sold by Lion Refrigeration at any other party.

4.2 The price may be increased by any reasonable increase in the cost of supply of the goods and services that is beyond the control of Lion Refrigeration between the date of the contract and delivery of the goods and services.

5. Payment

5.1 Payment for goods and services shall be made in full on or before 7 days net of the date of invoice ("the due date"). Progress payments apply to large contracts.

5.2 The company may charge interest on any money outstanding under this contract at a rate equal to 5% above the bank indicator lending rate to the company.

5.3 Any expenses, disbursements and legal costs incurred by Lion Refrigeration in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor\u2019s fees or debt collection agency fees.

6. Quotation

6.1 Where a quotation is given by Lion Refrigeration for goods and services, unless otherwise agreed, the quotation shall be valid for thirty (30) days from the date of issue.

6.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.

6.3 Lion Refrigeration reserves the right to alter quotations because of circumstances beyond its control.

7. Risk

7.1 The goods and services remain at Lion Refrigeration\u2019s risk until delivery to the Customer.

7.2 Delivery of goods and services shall be deemed complete when Lion Refrigeration gives possession of the goods and services directly to the Customer or possession of the goods and services is given to a carrier, courier, or other bailee for the purposes of transmission to the Customer.

8. Title and security (Personal Property Securities Act 1999)

8.1 Title in goods and services supplied by Lion Refrigeration passes to the Customer only when the Customer has made payment in full for all goods and services provided by Lion Refrigeration and all other sums due to Lion Refrigeration by the Customer on any account whatsoever.

8.2 If the goods and services are attached, fixed or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the goods and services shall remain with Lion Refrigeration until the Customer has made payment in full for all goods and services.

8.3 The Customer gives irrevocable authority to Lion Refrigeration to enter any premises occupied by the Customer or on which goods and services are situated at any reasonable time after default by the Customer or before default if Lion Refrigeration believes a default is likely, to remove and repossess any goods and services.

9. Security interest for service provides

9.1 The Customer gives Lion Refrigeration a security interest in all the Customer\u2019s present and after-acquired property that Lion Refrigeration has performed services on or in or to which goods or materials supplied or financed by Lion Refrigeration have been attached or incorporated.

10. Payment allocation

10.1 Lion Refrigeration may, in its discretion, allocate any payment received from the Customer towards any invoice that Lion Refrigeration determines and may do so at the time of receipt or at any time afterwards.

11. General lien

11.1 The Customer agrees that Lion Refrigeration may exercise a general lien against any goods and services or property belonging to the Customer that is in the possession of Lion Refrigeration for all sums outstanding under this contract or any contract.

11.2 If the lien is not satisfied within seven (7) days of the due date, Lion Refrigeration may, having given notice of the lien at its option, remove such goods and services and store them in such a place and in such a manner as Lion Refrigeration shall think fit and proper and at the risk and expense of the Customer.

12. Disputes and return of goods

12.1 No claim relating to the goods and services will be considered unless made within seven (7) days of delivery.

12.2 No goods will be accepted for return without prior consent of Lion Refrigeration. Any goods accepted for return will be subject to a 10% restocking fee and must be in reasonable, undamaged condition and in original packaging.

13. Liability

13.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Lion Refrigeration which cannot by law be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Lion Refrigeration, liability shall, where it is allowed, be excluded.

13.2 Except as otherwise provided by clause 13.1, Lion Refrigeration shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of goods and services by Lion Refrigeration to the Customer.

14. Warranty

14.1 Manufacturer warranty applies where applicable.

14.2 Any written warranty provided by Lion Refrigeration to the Customer shall also form part of these terms and conditions of trade.

15. Copyright and intellectual property

15.1 Lion Refrigeration owns and has copyright in all designs, specifications, documents, work and software produced by Lion Refrigeration in connection with the goods and services provided pursuant of this contract.

16. Consumer Guarantees Act

16.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires goods and services from Lion Refrigeration for the purposes of a business in terms of section 2 and 43 of that Act.

17. Miscellaneous

17.1 Lion Refrigeration shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

17.2 Failure by Lion Refrigeration to enforce any terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Lion Refrigeration has under this contract.

17.3 If any provision of this contract shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

Contact can be made through emailing LionRefrigeration at admin@lionrefrigeration.co.nz or alternatively contacting 09 430 2777

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