Terms of Trade
Please contact us if you have any queries regarding our terms of trade.
1.1 “Seller” shall mean Academic Consulting Ltd and its successors and assigns.
1.2 “Client" shall mean the Customer, and any person acting on behalf of and with the authority of the Customer.
1.3 “Goods” shall have the same meaning as section 2 of the Sale of Goods Act 1908 and are the goods supplied by the Seller to the Client (and where the context so permits shall include any supply of Services as hereinafter defined).
1.4 “Services” shall mean all services supplied by the Seller to the Client and includes any advice or recommendations (and where the context so Permits shall include any supply of Goods as defined supra).
1.5 “Price” shall mean the cost of the Goods as agreed between the Seller and Client subject to clause 4 of this contract.
2.1 Any instructions received by the Seller from the Client for the supply of Goods shall constitute acceptance of the Terms and Conditions contained herein.
2.2 Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these Terms and Conditions by the Client the Terms and Conditions are irrevocable and can only be rescinded in accordance with these Terms and Conditions or with the written consent of the manager of the Seller.
2.4 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
3. GOODS / SERVICES
3.1 The Goods and/or Services are as described on the invoices, quotation, estimate, work authorisation or any other work commencement forms as provided by the Seller to the Client.
4. PRICE AND PAYMENT
4.1 The price shall be the Seller’s current price as stated on the quotation to the Client.
4.2 Any variation from the plan of scheduled work or specification will be charged for, on the basis of the Seller’s quotation/estimate and will be shown as extras on the invoice. Payment for extras must be made in full at the time of completion.
4.3 At the Seller’s sole discretion a deposit may be required. The deposit amount or percentage of the price will be stipulated at the time of order of the Goods and/or Services and shall become immediately due and payable and is non refundable.
4.4 Time for payment for the Goods and/or Services shall be of the essence and will be stated on the invoice, quotation or any other forms. If no date is stated then payment shall be on delivery of the Goods and/or Services.
4.5 Payment shall be made by cash, credit card, direct credit or any other method agreed between the Seller and the Client.
4.6 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable except to the extent that such taxes are expressly included in any quotation/estimate given by the Seller.
5. DELIVERY OF GOODS
5.1 Delivery of the Goods shall be made to the Client’s address. This includes but is not limited to electronic transmission to an email address.
6.1 It is the Client’s responsibility to ensure the accuracy of any information contained in any Proof supplied by the Seller for that purpose. The Seller shall be under no liability whatever for any errors not corrected by the Client in the final proof reading. Should the Client’s alterations require additional proofs this shall be invoiced as an extra.
6.2 The Seller is not liable for errors or omissions contained in the finished work where such errors or omissions were contained in the Proof approved by the Client. The Seller is not liable for any loss or damages arising from such failure by the Client.
7. DEFAULT & CONSEQUENCES OF DEFAULT
7.1 Interest on overdue invoices shall accrue from the date when payment becomes due and daily until the date of payment at the rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
7.2 If the Client defaults on payment of any invoice when due, the Client shall indemnify the Seller from and against all of the Seller’s costs and disbursements including on a solicitor and own Client basis and in addition all of the Seller’s nominees cost of collection.
8.1 The Seller may cancel these Terms and Conditions or cancel delivery of the Goods and Services at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay the Client any sums paid in respect of the price for the Goods. The Seller shall not be liable for any loss or damage arising from such cancellation.
8.2 At the Seller’s sole discretion the Client may cancel delivery of Goods and/or Services. In the event that the Client cancels delivery of Goods and/or Services the Client shall be liable for any cost incurred by the Seller up to the time of cancellation.
9. PRIVACY ACT 2020
9.1 The Client and the Guarantors (if separate to the Client) authorises the Seller to collect, retain and use any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing any Goods and services provided by the Seller to any other party.
9.2 The Client authorises the Seller to disclose any information obtained to any person for the purpose set out in clause 9.1.
9.3 Where the Client is a natural person the authorities under (clause 9.1 and 9.2) are authorities or consents for the purpose of the Privacy Act 2020.
10. BUYERS DISCLAIMER AND LIMITATION OF LIABILITY
10.1 The Client hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to them by any servant or agent of the Seller and the Client acknowledges that they buy the Goods relying solely on their own skill and judgement.
11. CONSUMER GUARANTEES ACT 1993
11.1 This agreement is subject, in all cases except where the Client is contracting within the Terms and Conditions of a trade/business (which cases are specifically excluded) to the provisions of the Consumer Guarantees Act 1993.
12.1 The Client shall inspect the Goods and shall within two (2) days of delivery notify the Seller in writing of any alleged inaccuracies or of any failure to comply with the description or quote.
13. SELLER’S OBLIGATION
13.1 The Seller will act in good faith and prepare the reports and other source material in a timely and professional manner. Where due to exceptional circumstances, the Seller is unable to complete the report in the indicated time frame; the Seller will communicate this to the Client without delay. The Seller is not liable for any losses or damage incurred by the Client as a result of the delay.
13.2 The Seller will require the Client to provide information from time to time to enable the work to be completed to the agreed schedule and timetable. It is the Client’s responsibility to ensure that all such requests are met, where the Client is unable to meet the agreed schedule this must be communicated immediately to the Seller.
13.3 Where the Client fails to meet any agreed request for information they accept that the work may be completed after the agreed deadline. Any additional or associated costs resulting from the delay are the Client’s responsibility.
14. USE OF SELLER’S NAME
14.1 The Client may not use the name of the Seller in any published material or online posting or by any other means without the express written permission of the Seller. The use of the Seller’s name in any such material is at the sole discretion of the Seller.
15.1 All Goods and Services supplied by the Seller are Subject to the laws of New Zealand and that the Seller takes no responsibility for changes in the Law that affect the Goods and Services supplied.
15.2 If any provision of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected or prejudiced or impaired.
15.3 The Seller shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Seller of these Terms and Conditions.
15.4 Neither party shall be liable for any default due to any act of God, terrorism, war, earthquake strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.
15.5 The Seller shall not be liable for errors or omissions arising from oversight or misinterpretation of the Client’s verbal instruction.
15.6 The Seller reserves the right to review these Terms and Conditions at any time and from time to time. If following any such review there is to be any change in the Terms and Conditions that change will take effect from the date on which the Seller notifies the Client of such change.