Terms of service

Mountain Fresh Limited (MFL) Terms and Conditions of Trade

1. DEFINITIONS
1. “Mountain Fresh” shall mean Mountain Fresh Limited, or any agents or employees thereof.
2. “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing Goods and services from Mountain Fresh.
3. “Goods” shall mean:
   1. all Goods of the general description specified on the front of this agreement and supplied by Mountain Fresh to the Customer; and
   2. all Goods supplied by Mountain Fresh to the Customer; and
   3. all inventory of the Customer that is supplied by Mountain Fresh; and
   4. all Goods supplied by Mountain Fresh and further identified in any invoice issued by Mountain Fresh to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
   5. all Goods that are marked as having been supplied by Mountain Fresh or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Mountain Fresh; and
   6. all of the Customer’s present and after-acquired Goods that Mountain Fresh has performed work on or to or in which goods or materials supplied or financed by Mountain Fresh have been attached or incorporated.
   7. The above descriptions may overlap but each is independent of and does not limit the others.
4. “Goods and Services” shall mean all goods, services and advice provided by Mountain Fresh to the Customer and shall include without limitation the manufacture, design, product development and fabrication of stainless metal, steel and sheet metal products, repairs, maintenance and development of machinery and equipment and all associated Goods and services and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services.
5. “Price” shall mean the cost of the Goods and Services as agreed between Mountain Fresh and the Customer and includes all disbursements.
2. ACCEPTANCE
1. Any instructions received by Mountain Fresh 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
1. The Customer authorises Mountain Fresh to collect, retain and use any information about the Customer for the purpose of assessing credit worthiness, enforcing rights under this contract, or marketing any Goods and Services.
2. The Customer authorises Mountain Fresh to disclose such information for the purposes above.
3. Where the Customer is a natural person these consents are for the purposes of the Privacy Act 1993.
4. PRICE
1. Where no price is stated, the Goods and Services shall be deemed to be sold at the current amount as sold by Mountain Fresh at the time of the contract.
2. The price may be increased due to reasonable increases in supply costs beyond Mountain Fresh’s control.
5. PAYMENT
1. Unless otherwise agreed, payment shall be made either:
   1. Full payment before delivery.
   2. On completion of work; or
   3. In full on or before the 20th day of the month following the invoice date.
2. Interest may be charged on overdue amounts at 2.5% per month.
3. The Customer shall pay all costs incurred by Mountain Fresh in enforcing rights under this contract.
4. Receipt of any negotiable instrument shall not constitute payment until cleared.
5. A deposit may be required.
6. Progress claims may be issued monthly.
6. QUOTATION
1. Where a quotation is given:
   1. It is valid for 30 days unless otherwise stated; and
   2. Is exclusive of GST unless stated; and
   3. May be altered due to circumstances beyond Mountain Fresh’s control.
2. Additional services not included in the quotation will be charged accordingly.
7. RISK
1. Goods remain at Mountain Fresh’s risk until delivery.
2. Delivery is complete when possession is given to the Customer or a carrier.
3. Time is not of the essence unless agreed in writing.
4. Failure to deliver one instalment does not cancel the contract.
8. AGENCY
1. The Customer authorises Mountain Fresh to contract as principal or agent.
2. Such contracts form part of this agreement and amounts due must be paid.
9. TITLE AND SECURITY (PPSA 1999)
1. Title passes only when full payment is made for all Goods and Services.
2. If Goods are combined into new products, title in the resulting goods is assigned to Mountain Fresh as security.
3. Mountain Fresh may enter premises to repossess goods after or before default.
4. The Customer waives rights to receive notices under PPSA ss.120–121.
5. Defaults include:
   1. Non-payment;
   2. Intention not to pay;
   3. Goods seized by another creditor;
   4. Goods damaged while unpaid;
   5. Bankruptcy or liquidation;
   6. Judgment unsatisfied for 7 days;
   7. Material adverse financial change.
6. If the Credit Repossession Act applies, the Customer retains statutory rights.
10. GENERAL LIEN
1. Mountain Fresh may exercise a lien over any goods in its possession.
2. If the lien is not satisfied within 7 days, Mountain Fresh may:
   1. Store the goods at the Customer’s risk and cost; or
   2. Sell the goods and apply proceeds to the debt.
11. DISPUTES AND RETURN OF GOODS
1. No goods will be accepted for return without prior written consent.
2. Goods must be returned within 7 days with the original packing slip.
3. Handling or deterioration charges may apply.
12. LIABILITY
1. Statutory warranties apply only to the minimum extent required.
2. Mountain Fresh is not liable for:
   1. Any loss or damage including consequential loss; and
   2. Claims arising from negligence or otherwise—Customer indemnifies Mountain Fresh.
13. WARRANTY
1. Manufacturer warranties apply where relevant.
2. No other warranties apply except those under the Consumer Guarantees Act.
14. CONSUMER GUARANTEES ACT
1. The Act is excluded when Goods and Services are supplied for business purposes.
15. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
1. Directors or trustees personally guarantee payment of all sums owed.
16. CANCELLATION
1. Mountain Fresh may suspend or cancel the contract if the Customer defaults.
2. Cancellation does not affect Mountain Fresh’s rights to claim money owed.
17. COPYRIGHT AND INTELLECTUAL PROPERTY
1. Mountain Fresh owns all copyright in designs, data, and specifications.
18. MISCELLANEOUS
1. Mountain Fresh is not liable for delays beyond its control.
2. Failure to enforce conditions is not a waiver.
3. Invalid provisions do not affect enforceability of others.
4. The Customer may not assign rights without written consent.
5. New Zealand law applies.
6. Disputes may be resolved under the Arbitration Act 1996.
19. 8 Haszard Street, PO Box 240, Waihi 3641, NZ
    TEL 0800 787 342   EMAIL hello@mountainfresh.co.nz