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TermsOfTradeWHITESTONE CONTRACTING LIMITEDGeneral Terms of Trade 1. The Signatory warrants that the Customer information on any credit application agreement is true and correct and is supplied for the purpose of obtaining credit and that the Customer will advise Whitestone in writing of any proposed change of address prior to that change taking place. 2. The signatory warrants that they are duly authorised to apply for credit and execute this agreement on behalf of the Customer, and to bind the Customer to any contract. The signatory shall be liable to Whitestone to meet any of the Customer’s payment obligations to Whitestone which are not paid by the Customer. 3. The Customer agrees to comply with the terms and conditions of this agreement. 4. Whitestone will not supply goods and/or services until after written acceptance has been received. 5. Where Whitestone has not been engaged in writing to obtain consents of permits, the customer warrants that all resource consents, building consents and other statutory permissions are obtained and that all fees associated with these have been paid. 6. The goods and/or services shall be supplied by Whitestone in accordance with the quotation. Whether or not plans and/or specifications have been submitted to Whitestone for the purpose of preparing the quotation are satisfactory for the purpose for which they are intended and Whitestone shall not be deemed to warrant that the goods and/or services described in the quotation are satisfactory to meet the requirements of any plans and/or specifications which may have been submitted to it, or any other requirements of the customer or otherwise unless warranted in writing by the company under special conditions. 7. The parties agree that in the event of Whitestone, prior to approving credit, granting to the Customer time to pay for goods supplied then such supply shall not amount to a waiver by Whitestone of any of the terms of this agreement nor be construed or be taken as a granting of credit facilities to the Customer by Whitestone. 8. A quotation remains valid for a period of two calendar months from the date of quotation. 9. A quotation is for the stipulated work only and any additional work carried out for you, or additional materials or services supplied to you are to be confirmed in writing by the client or the contractor and will be an additional charge to the quotation. 10. Whitestone may at any time prior to acceptance withdraw the quotation for any reason whatsoever. 11. Where Whitestone has given an estimate, it is based on the customer’s present instructions and the information that has been made available to us at the date of the estimate. 12. Where ‘estimate’ has been specified, this is not a quote. It is not possible to anticipate every eventuality in carrying out our services. The final figure may be slightly less, or slightly more that the estimate. However, we will notify you in advance if it appears that our fees and charges will exceed the estimate by more than 10%. 13. Payment is to be made by the 20th of the month following the date of invoice. Interest may be charged on overdue accounts at the rate of 2% per month on any amount outstanding and you undertake to indemnify us and pay all costs and expenses which we may incur recovering from you any overdue account. Whitestone may at its discretion offset amounts owing by you to the company. 14. That under the terms of the Privacy Act 1993 that you authorise any person or company to provide us with such information as we may require in response to our credit enquiries. That you authorise us to furnish to any third party, details of this application and any subsequent dealing that you may have with us as a result of this application. 15. All materials remain the property of Whitestone until full payment including any interest owing, has been received. 16. Whitestone will accept no responsibility for the failure of our works resulting from the defective workmanship of work constructed by others. 17. The Customer shall take all due care of newly constructed works in accordance with best industry practice and Whitestone’s advice. 18. Whitestone warrants its work, for a period of 6 months from the date of completion, to be free from defective workmanship under normal conditions of use and wear and tear. The warranty will not cover any abnormal use or wear and tear. 19. Whitestone’s liability under this agreement is limited to replacing (or at Whitestone’s discretion repairing) any defective materials to the entire exclusion of any other remedy which, but for this clause, the Customer might have and Whitestone shall be under no liability for any damage, injury direct or consequential or other loss or loss of profits or costs, charges and expenses on the part of the Customer or any other person other than to repair or replace as mentioned above. Whitestone shall not be liable to the Customer if for any reason beyond Whitestone’s control it is not able to deliver or supply any of the materials or services. 20. Any time of delivery given is an estimate only and Whitestone shall not be liable for the consequences of delay however arising. 21. Whitestone does not accept responsibility for any losses, costs, charges, expenses or other actions that may result from strikes, lockouts, industrial actions, delays or causes beyond its control. 22. Contractual obligations between the parties not covered by these General Terms of Trade shall be deemed to be covered by NZS 3910:2003. 23. The Construction Contracts Act 2002 will apply to all works specifying progress payments and payment claims will be deemed to be made under that Act. 24. Where progress payments are included in the quotation they must be paid before the commencement of the next stage of work. 25. All quotes are exclusive of Goods & Services Tax unless otherwise stated. Any such tax stated is an estimate only and is subject to the rate prevailing at the time of billing. 26. The Customer will provide written instruction for any variation of works. 27. Where a Customer or his/her representative has prepared any base it is the Customer’s responsibility to ensure the prepared base complies with the specified compaction requirements. 28. All works not quoted or estimated in writing will be charged at normal time and material rates. 29. Whitestone may charge a cost fluctuation on bitumen, based on the LTSA cost price adjustment factors. |