Please read our terms of trade:
1. DEFINITIONS
1.1. “QMI” shall mean Q-MARINE INTERNATIONAL LTD and any company, which is directly or indirectly a subsidiary of Q-MARINE INTERNATIONAL LTD and any duly authorised agent.
1.2. “Customer” shall mean the person, authorised agent or legal entity described in the application, or stated on the invoice or order form, buying goods and/or services from Q-MARINE INTERNATIONAL LTD (QMI).
1.3. “Goods” has the same meaning as section 2 of the Sale of Goods Act 1908 and is any goods provided by QMI to the customer.
1.4. “Services” shall mean all services supplied by QMI to the customer and includes any recommendations or advice.
1.5. “Price” shall mean the purchase price of the goods, services and any other costs.
2. ACCEPTANCE
2.1. Any instructions received by QMI from the customer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.
2.2. No agent or representative of QMI is permitted to make any such agreements, representations, conditions or warranties not expressly confirmed by QMI in writing
3. NZ PRIVACY ACT 1993
3.1. The customer permits QMI to collect, use and retain any information concerning the customer, for the purpose of assessing the customers credit worthiness, to enforce any rights under this contract, or the marketing of any goods and services provided by QMI to any other party.
3.2. The customer permits QMI to disclose information obtained to any person for the purposes set out in clause 3.1.
4. PAYMENT TERMS
4.1. Once goods or services are ordered payment shall be made according to the terms and conditions stated herein whether or not the goods or services have been delivered and this contract cannot be cancelled except where allowed at law.
4.2. Payment for goods shall include a 50% deposit on order of goods and services, with 50% payable prior to dispatch, unless otherwise agreed in writing.
4.3. Interest at the rate of 2.5% per month above the current overdraft rate, which we have with our principal registered bank or part thereof may be charged on any amount owing after the due date.
4.4. Any disbursements, expenses and legal costs incurred by QMI for default in payment shall be paid by the customer, including any debt collection agency fees, court costs or solicitor’s fees.
4.5. An administration fee of the greater amount of $25.00 or 10% of the amount overdue will be payable 30 days after due date and QMI reserves the right to terminate future supply.
4.6. Payment will be accepted by cash, cheque, electronic banking, credit card or by any other method as agreed in writing by QMI.
5. PRICE
5.1. Prices unless otherwise stated, do not include goods and services tax, other taxes, levies or tariffs, exchange rate fluctuations, freight or insurance charges, which if applicable, will be an extra charge to the customer.
5.2. Price will be specified on the invoice or quotation and will be the current price at time of delivery.
6. RISK AND DELIVERY
6.1. The goods remain at QMI’s risk until the delivery to the customer, but when title passes to the customer the goods are at the customers risk no matter if delivery has been made or not.
6.2. Delivery periods given apply for thirty (30) days form the date of the quotation and must be rechecked if a longer period ensures before placement of the order. Quoted delivery periods run from QMI’s receipt of the customer’s order, complete with all information which is required for manufacture and supply plus receipt of deposit funds into QMI’s nominated bank account.
6.3. The delivery periods specified are estimates only and represent the date that the goods will be ready for dispatch from QMI (ex-works). QMI cannot guaranty that it will always be able to meet the delivery date. Due to the nature of manufacturing processes, and factors outside of QMI’s control, there is a chance during manufacture that a replacement item needs to be remanufactured. The remanufacturing process may result in the delay of the goods. QMI advises clients to allow a maximum time possible when ordering goods and to check regularly with QMI as to progress.
6.4. Delivery of goods shall be deemed complete when QMI gives possession of the goods for delivery to the customer, or possession of the goods is given to a general carrier, for delivery to the customer.
6.5. Where QMI delivers goods to the customer by instalments and QMI fails to deliver one or more instalments, the customer shall not have the right to recant the contract.
6.6. QMI shall not be liable to the customer for damage or loss due to failure by QMI to deliver the goods promptly or at all.
7. CUSTOMER SUPPLIED INFORMATION
7.1. The Customer warrants the correctness of all data and information that is provided to QMI for use in any design or selection performed by QMI. It is the Customer’s responsibility to verify the correctness of such data or information prior to supplying it to QMI for use. The Customer absolves QMI from any liability for any defects in the goods or their performance caused directly or indirectly by incorrect data or information.
8. RETENTION OF TITLE
8.1. Title in the goods passes to the customer when the customer has made payment in full for all goods supplied by QMI.
8.2. The customer gives necessary authority to QMI to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer. QMI shall not be liable for damages, costs or expenses or any other losses suffered by the customer as a result of this action.
9. LIMITATION OF LIABILITY
9.1. QMI shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of QMI’s obligation under this contract or in tort.
9.2. Where QMI is liable to the customer, the maximum cost of any liability shall not exceed the value of the goods or services provided by QMI to the customer.
9.3. Full product warranty can be found in QMI’s Limited Liability document.
10. VESSEL PERFORMANCE
10.1. As many characteristic of the vessel, such as engine power, hull resistance, vessel deign, weight and trim, are not controlled by QMI, QMI is not able to guarantee the vessel’s performance. QMI does however work very closely with all parties including vessel designers and propeller manufactures and are able to accurately predict the performance of any propulsion system and or propellers supplied and given accurate and complete vessel data is able to make comment on the vessels estimated performance. These comments are provided without charge and should be taken as general advise only. Due to the reasons stated above, it is sometimes necessary to make adjustment to propellers to suit the individual vessel and this work is at the customer’s cost.
11. NON-WAIVER
11.1. Failure by QMI to enforce any of the terms & conditions contained in this contract shall not be deemed to be a waiver of any of the rights QMI has in this contract and is not liable for any indirect loss or expense to the customer.
12. FORCE MAJEURE
12.1. QMI shall not be liable for failure or delay to perform its obligations if the delay or failure is beyond its control.
13. NZ CONSUMER GUARANTEES ACT 1993
13.1. The guarantees contained in the Consumer Guarantees Act 1993 are excluded if the customer acquires goods or services from QMI for the purposes of a business.
13.2. If the customer on sells the goods to a third party, the customer shall indemnify QMI for any losses incurred due to third party claims against QMI.
14. JURISDICTION
14.1. The contract shall in all respects be deemed to be a contract made in New Zealand and New Zealand law shall govern the validity, construction and performance of the contract.
15. RETURN OF GOODS
15.1. The customer shall be deemed to have accepted the goods unless the customer notifies QMI otherwise within 7 days of delivery of the goods to the customer.
15.2. If the goods are not accepted according to the previous clause of this contract the customer shall pay for the delivery of the returned goods to QMI.
15.3. QMI will not accept goods returned for credit that is in anyway damaged, or not of merchantable quality, or goods that has been specially manufactured or procured for the customer.
15.4. At QMI’s discretion defective goods will be replaced or refunded by QMI if the customer has notified QMI within 7 days of delivery.
15.5. QMI is entitled to charge the customer a re-stocking fee of 20% of the sell price for product returned in good merchantable quality.
16. PERSONAL PROPERTY SECURITIES ACT 1999
16.1. The customer agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms are defined in the Personal Property Securities Act 1999 (“PPSA”)) in respect of which QMI may register a financing statement on the Personal Property Securities Register.
16.2. The customer hereby waives its rights contained in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA.
17. ASSIGNMENT
17.1. The customer shall not assign all or any of its rights or obligations under this contract without the written consent of QMI.
18. CANCELLATION
18.1. QMI may cancel these terms and conditions or cancel delivery of goods and services at any time before the goods are delivered by giving written notice. QMI shall not be liable for any loss or damage arising from such cancellation.
18.2. The customer may cancel delivery of goods at QMI’s sole discretion and will be liable for any costs incurred by QMI. Any deposits or progress payments paid to QMI by the customer are not refundable.
19. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
19.1. If the customer is a company or trust, the director(s) or trustee(s) agree, in consideration for QMI agreeing to supply goods and credit to the customer at their request, that in their personal capacity and jointly and severally personally undertake as principal debtors to QMI, the payment of any and all monies now or hereafter owed by the customer to QMI and indemnify QMI against non-payment by the customer. Any personal liability hereto shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The individual and customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
20. INTELLECTUAL PROPERTY
20.1. QMI shall not be liable in respect of any claim which may be made against QMI for infringement of any letters, patent, registered design or copyright which may arise as a result of QMI supplying goods to the customer in accordance with these terms and conditions, and the customer agrees to indemnify and keep indemnified QMI from and against all or any such claims and against all loss, damage, costs and expenses incurred by or recovered against QMI in respect of any such claim.
20.2. Any drawings, specifications and technical data submitted or made available to the customer by QMI shall remain the property of QMI and the customer shall be liable to QMI for any loss, damage, cost or expense incurred by QMI as a result of any unauthorised use or disclosure by the customer of any such drawings, specifications and technical data.
21. MISCELLANEOUS
21.1. If anything in this agreement is unenforceable, illegal or void it is severed and the rest of this agreement remains in force.
21.2. The customer may not claim any counter claim or set-off against any payments due by it to QMI.
21.3. Under no circumstances shall the liability of QMI exceed the price of the goods in the event of a breach of this contract.
21.4. QMI may license or sub-contract all or any part of its rights and obligations without the customer’s consent.
21.5. QMI reserves the right to review and change these terms and conditions at any time and will notify the customer of this in writing at which time the changes will take effect.