1. Interpretation of terms
In these terms and conditions of sale:
“We” or "Us" means Rode Pool Services
“You” means the Customer and any other person offering to engage with us on these terms and conditions.
”Goods" means goods supplied by us to you.
“Services” means any work undertaken by us for you.
“Agreement” means the agreement for the purchasing goods and services on credit (and amendments to those terms and conditions as amended from time to time).
We will supply goods and services and make available for purchase by you on the following terms and conditions, however, we are not obliged to supply to you when requested to do so.
3. Quotations and Orders
Any quotation or price given by Rode Pool Services to you does not constitute an offer to sell goods or services to you. We reserve the right to alter the quote or price and will provide notice to you.
By ordering any goods and/or services, you are making a binding offer to purchase those goods and/or services. Our delivery of goods/services pursuant to your order shall be deemed acceptance of your offer to purchase.
4. Prices and GST
All prices quoted are inclusive of GST.
Unless otherwise agreed, all amounts owing to Rode Pool Services on account of goods and services supplied to you on credit are due and payable within seven (7) days of the date of invoice to you.
You agree that if you fail to pay in accordance with the above clause, we may:
charge a dishonour fee, where a cheque is dishonoured by your bank; and/or
recover all collection costs and expenses (including collection agency fees), and legal expenses on a solicitor incurred in collecting overdue accounts; and/or
Any forbearance by us in charging any of the fees set out in the above clause does not constitute a waiver of our right to do so in the future.
6. Retention of Title
In relation to goods supplied to you, ownership of those goods shall remain with us until payment is made in full for the goods and services.
Should you default, then we will endeavour to recover all costs associated with the product through a collection agency.
We reserve the right to resell the repossessed goods and terminate the Agreement.
6.1 Acts of default
fail to pay for any goods and services on the due date;
otherwise breach this Agreement and fail to rectify such breach within 7 days notice;
commit an act of bankruptcy;
allow a trustee in bankruptcy or receiver and manager to be appointed to you or any of your property;
allow distress to be levied by a judgement, order or security to be enforced, or to become enforceable against your property;
if you are a company and proceedings are commenced to wind you up or any of your subsidiaries;
if you are a company and a controller, receiver, administrator, liquidator or similar officer is appointed to you or in respect of any part of your property.
7. Claims and Liabilities
Any claim by you as to a breach of these terms and conditions by us must be made to us in writing within seven (7) days of delivery of the invoice. Time is of the essence.
You have the benefit of conditions and warranties implied by the Competition and Consumer Act 2010 (The Act") and nothing in these terms and conditions is intended to exclude, restrict or modify any statutory obligation we have.
8. Repair Policy and Warranty
Rode Pool Services will provide a quotation on required repairs before any work is carried out. During this process, the equipment requiring repair will be disassembled to provide an accurate quotation. This quotation process is subject to a quotation fee. Should the recommendations not be proceeded with, the quotation fee may apply and the equipment returned without re-assembly.
If no instructions are received within a 90 day period after quoting on repairs, the equipment may be disposed of and a quote fee applied at our discretion.
Rode Pool Services warrants repaired products to be free from defects in replacement materials or workmanship for a period of twelve (12) months from the date the product is repaired. Any claim for defects must be submitted to Rode Pool Services prior to the expiry of the twelve (12) month period.
Such warranty shall not apply to any products which have been damaged as a result of incorrect or abnormal use, misuse, neglect, improper installation, failure to comply with Rode Pool Services recommendations or directions or exposure to corrosive or other inappropriate conditions.
9. Whole Agreement
These terms and conditions embody the whole agreement between the parties and subject to the express terms contained in any order or acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.
10. Cessation of Supply
Our agreement to continue to deliver or sell goods to you is always conditional upon our being satisfied of your ability to pay and comply with these terms and conditions. If we cease to be satisfied, we may suspend and/or terminate supply and delivery of goods and/or services and shall not be liable in any way for any claim, damage, expense or cost suffered by you.