Terms and Conditions
INSTALLS
AV Media NZ Ltd Terms and Conditions
The conditions of sale and acceptance set out below shall apply to all proposals for the supply of goods or services made with AV Media NZ (“The Company”) and the person purchasing the goods or service (“Buyer”).
1. Acceptance
Acceptance of the supplied proposal for delivery and installation of any goods or services will be deemed to be acceptance by - (person and company) or where private individual, (person only) - (Buyer) of these Terms and Conditions.
2. Warranty
Equipment will be warranted as specified by the manufacturer against faulty parts or workmanship. Any equipment or services made or provided by AV Media will be guaranteed for a period of 12 months. This warranty does not extend to projection lamps, physical damage (including in transit), fair wear and tear, damage due to misuse or re-installation by the customer after repair or replacement. The owner must return faulty equipment to AV Media, freight pre-paid. Return delivery will be free of charge. Claims for consequential damage or loss caused by equipment failure will not be accepted.
When AV Media installs new or pre used equipment supplied by the customer, AV Media does not warranty the condition, serviceability or life expectancy of that equipment in any way.
3. Validity
3.1 This proposal will remain valid for a period of fourteen days (14) from the date listed on the Order except that any foreign exchange, import duty or other variations beyond our control will be charged to your account. Any change in this condition must be confirmed and accepted in writing.
4. Delivery / Non-availability / Installation
4.1 Any Delivery dates quoted by AV Media are estimates only. AV Media will use all reasonable endeavors to ensure deliveries are made according to schedule but shall not be responsible for delivery delays due to causes beyond AV Media control. The client agrees to accept the goods as soon as they are able to be delivered. All goods ordered by the client are subject to such goods being available for delivery, AV Media accepts no responsibility for non-availability of goods and shall not be liable for any act of
God or force majeure event, including, but not limited to, industrial disputes, war or delays or defaults of manufacturers, which delays or frustrates the performance of this agreement. Freight, where applicable, will be charged. Installation date(s) will be subject to confirmation.
5. Insurance
5.1 The goods become the responsibility of the Buyer upon delivery to site and all risk (including loss, damage or deterioration) passes to the Buyer. AV Media is not required to insure the goods once delivered to site.
6. Payment & Deposit
6.1 A 50% deposit is required to secure your order. Once a deposit is received, equipment will be ordered.
6.2 The remaining payment of all accounts is to be made by the 20 th day of the month following the month of the date of the invoice.
6.3 In the event that payment is not received by the payment date default interest may be charged by AV Media, at a rate equivalent to 3 per cent above AV Media’s Banker’s Commercial Overdraft rate for the period during which the payment has been overdue. Such default interest may be charged by AV Media on the overdue moneys from the payment date until all moneys, including default interest, have been paid in full. Additional goods or service ordered during installation of primary job will be charged on final invoice. No further credit shall be extended on overdue accounts, except by prior written agreement with AV Media.
7. Title
7.1 Without prejudice to the liability of Buyer to pay for goods supplied, such goods shall remain the property of AV Media as legal and equitable owner pending cleared payment in full of all moneys due under this contract or in respect of any other debt owed by Buyer to AV Media.
8. Costs
8.1 If Buyer defaults in performing its obligations under this agreement and AV Media incurs expenses in enforcing its rights under this agreement, the Buyer shall pay those expenses (including full legal costs) to AV Media on demand.
9. Disclaimer
9.1 The Buyer confirms that they have obtained all necessary approvals from the Local Government Authority, New Zealand Fire Service and any other relevant Authorities as appropriate, granting permission for any installation to proceed on the buyers premises. The
buyer acknowledges and agrees that AV Media is not responsible for obtaining any necessary consents and the buyer indemnifies AV Media against any damage or loss resulting from any act or omission on the part of the buyer or the buyer’s employees, contractors or
invitees.
10. AV Order
10.1 The order constitutes the entire agreement between the parties and supersedes all prior understandings, agreements, representations, and warranties, both written and oral.