Terms and Conditions
For Econstrukt Limited
1. The following words and phrases have these definitions:
Conditions these general terms and conditions and any agreed variations there to confirmed in writing by Econstrukt to the Customer.
Customer/you the person(s), firm or company who purchases or orders the Goods from Econstrukt.
Delivery the collection of Goods by you or one of your employees, contractors or agents from our premises, unless we have agreed to deliver the goods for you, in which case delivery shall mean the dispatch of the goods from our premises. If you indicate to us that you will fail or refuse to take or accept the delivery, then the goods are deemed to be delivered when we are willing to deliver them.
Goods any items and services sold by Econstrukt to the Customer.
Terms and Conditions of Trade means these Terms and Conditions of Trade, which refers to the agreed Specifications and is supplied with the Ministry of Business and Innovation & Employment Checklist for the direct supply of building services and goods.
2. You accept that these conditions shall apply to all legal relations between you and Econstrukt to the exclusion of any other terms including any conditions warranties or representations written or oral express or implied.
3. All specifications, drawings, quote and invoice descriptions issued by or on behalf of Econstrukt are intended merely to give a general description of the Goods and no person reading them may rely on anything contained therein as being a representation of fact concerning the Goods or a warranty relating as to their condition or otherwise.
4. Quotes given by Econstrukt are valid for 1 month from the date they are given. Any Quote issued by Econstrukt is an invitation to you to place an order for goods and services at the quoted price. Econstrukt reserves the right to increase the price of the Goods where such increase is due to any change/s requested and/or agreed by the Customer. The first quote and additional quotes are free of charge when an order is placed. If no order is placed then any work done by Econstrukt beyond the first quote may be charged.
5. Anything not specifically included in the quote is excluded.
6. Your project may require council consent. It is your responsibility to contact your local council. Econstrukt will supply all relevant information on request.
7. Econstrukt may, in its absolute discretion, vary these Terms and Conditions of Trade from time to time. The most up to date version can be found on the website www.econstrukt.co.nz.
8. Unless otherwise agreed, Goods will be delivered from a freight company in a container. Dates specified by Econstrukt for delivery of Goods are an estimate only. We will make every effort to honour specified delivery dates however sometimes the availability of materials or freight delays is beyond our control and therefore cannot be essential to these Terms and Conditions of Trade. Econstrukt shall not be liable for any loss, whether direct or consequential, economic or loss of profits or otherwise, arising directly or indirectly out of any delay in delivery of the Goods.
9. You are responsible to accept delivery. If you do not accept the delivery of the Goods at the arranged date, additional storage charges will be invoiced. If delivery has been arranged with Econstrukt it is your responsibility to provide easy and safe access to the delivery point and to notify Econstrukt in advance of any problems. All care will be taken to minimise damage during delivery and installation of the Goods, however Econstrukt accepts no responsibility for any damage unless it is caused by the negligence of Econstrukt’s own personnel.
10. Upon delivery all Goods must immediately be unloaded from the container suitably stored. Goods must be unloaded, handled, and stored according to Econstrukt specifications. When not otherwise specified, Econstrukt will arrange delivery of a 20ft or 40ft container- it is up to the customer/builder to make sure a suitable flat location for unloading the container is available and accessable for the freight truck. The container than has to be unloaded by the customer within 48h. Any delay might occur surcharges from the freight company. An Econstrukt team- member will be on site upon opening of the container to assist with the inspection and also to give advice about installation and adjustment of the joinery hardware.
11. Care must be taken during transit and storage to protect the Goods from any pressure that can cause distortion, and from rubbing against each other. Goods must not have any contact with mud, plaster or cement.
Risk and Ownership of Goods:
12. Risk of damage to or loss of the Goods passes to you on delivery. You are deemed to have accepted the Goods upon completion of the installation work, or upon delivery or collection for a supply only sale. No unit must be installed before payment in full has been received by Econstrukt.
13. Ownership in the Goods shall not pass to you until we have received cleared funds in full all sums owed to Econstrukt. Nothing in this document shall prevent Econstrukt from raising an action against the Customer for payment of the Goods. Until such time as ownership in the Goods passes to you, we are entitled, to require you to deliver up the Goods to Econstrukt at any time. If you fail to do so, you authorise us to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
Terms of Payment
14. Payments dues are determined by the Quote and Specifications and must be paid in the following manner unless stated otherwise in the quote:
a. A 40% deposit payment is to be paid upon confirmation of final sizes and production start, 20 weeks before estimated delivery.
b. A progress payment of a further 40% is required once the product has been manufactured and is ready for shipment.
d. 10% progress payment is due at arrival in NZ. The balance of money owed is due at delivery unless otherwise stated in the quote and specifications. If delivery or pickup is delayed by reasons not in the responsibility of Econstrukt Ltd full payment is due at delivery. An Econstrukt team member will be on site upon opening of the container to assist with the inspection. All goods must not be installed until fully paid by the Customer. Late payments may incur interest of 6% above the NZ 90 day bank bill rate for borrowing.
15. All prices are for supply only. Installation is the responsibility of the Customer if not arranged with Econstrukt. Payments over $5,000 must be made by bank cheque. Payments for any on site work must be made on a weekly- basis. All payments must be made without setoff or reduction. Econstrukt may apportion payments to outstanding accounts of the Customer as it sees fit.
Cancelled or changed orders
16. Where an order is cancelled or changed Econstrukt reserves the right to invoice all or part of the full price in accordance with the amount of work carried out on the order and costs incurred up to the time such cancellation is, or changes are, accepted by Econstrukt in writing.
Additional Works & Installation
17. Any work additional to that specified in the Specification and Quote will be carried out on an hourly rate plus materials plus GST.
18. Travel costs (time, km and accommodation charges & expenses) must be paid by the Customer.
19. Improper installation, handling & maintenance by you or your agents, contractors or employees voids all warranties. Econstrukt is not responsible for any damage caused by improper installation by a third party. All Goods are pre-fabricated. Any damage caused by a modification made to the Goods by an external installer is the responsibility of the Customer. All instructions provided by Econstrukt must be read and understood by the installer, if you don’t understand please ring and discuss; we are here to help. Econstrukt charges $105+GST per hour plus expenses and travel cost to fix issues that caused by improper installation or adjustments by you or your builder/agent/etc.
20. Nothing in these Terms binds Econstrukt to remedying a problem that was not caused by Econstrukt. We will try to help but if time constraints prevent our attendance you may need to get your own builder to attend to the problem.
21. Movement in the timber is unlikely but may occur, this is usually caused by changes in the environment and or extreme levels of heat or moisture. Econstrukt is not liable for timber movement but will attempt to rectify.
22. Finishing products may look slightly darker or lighter in some areas. In some rare cases resin can become visible (especially north- facing, darker colours or stains) through the paint. The appearance of resin is not a fault, and does not affect weather tightness.
23. If you live in a very harsh climate or if your home is north-facing, close to the sea, or has no protection then you may need to repaint at more regular intervals. This is not a fault in the product.
24. At the Econstrukt factory we adjust all Goods. Any follow-up adjustment required during and/or after installation must be done by the builder or customer. Econstrukt will provide instruction on how to adjust the Goods.
25. Econstrukt does not give any warranty for the finish. Where there are minor cracks or discolouration Econstrukt will provide touch up paint.
Measuring, sizes and hardware
26. Econstrukt supplies windows or doors according to the specifications which need to be confirmed by your builder/yourself by signing the Econstrukt order confirmation. Econstrukt will provide clear drawings for you to check the sizes and will be pleased to advise you what to check for.
27. All provided CAD-drawings are to be used for over-all measurements only. Hardware placement is indicative only and not all hardware is being displayed.
28. The customers, architects or builders are responsible to check the suitability of the hardware for their particular situation.
29. The customers, architects or builders need to enquire about the specific measurements for the hardware components which may not to be displayed on the provided CAD-drawings.
Customer guarantees act
29. The Customers Guarantee Act 1993 does not apply if Goods are acquired for purposes of a business. Econstrukt are keen to comply with the requirements of the Customer Guarantees Act 1993 and the Fair Trading Act 1986.
30. These Terms and Conditions of Trade are governed by the laws of New Zealand. Place of jurisdiction is Dunedin, New Zealand.
Securing of doors (inward & outward opening)
31. You must secure all doors to protect against wind damage. Econstrukt is not responsible for any damage caused by insufficiently secured doors or windows.
32. Please make sure you protect windows and doors during the building phase and during unloading procedures. You need to use protective coverings to prevent the marking of surfaces that are visible once building is finished. , You need to protect the Goods from dust, dirt paint or anything else that may cause marks (this includes tradespeople!). Dust and dirt can damage the surfaces of glass, paint, wood and metal. . Any dust or dirt on the unit voids the warranty in relation to the surface. You are responsible for removing the protective coverings and cleaning the Goods at the end of the build process.
33. Econstrukt can provide touch up paint, but will not attend to any damages caused by anyone other than Econstrukt. If you cannot fix the damage yourself, then we are happy to provide you with a quote to fix the damage.
34. Your personal information and contact details are only used for the purpose for which you supplied them, to facilitate a transaction with Econstrukt. Your information will not be shared, sold or given to other parties, except where legislation requires.
Personal Properties Securities Act 1999 (PPSA)
35. The clauses titled Risk and Ownership of Goods vests a security interest in the Goods Econstrukt supplies you for the benefit of Econstrukt. You agree not to grant any other security interest or any lien over Goods that Econstrukt has a security interest in.
36. At Econstrukt’s request you shall promptly sign any document and do anything else required by Econstrukt to ensure Econstrukt’s security interest constitutes a first ranking preferred security interest in the Goods.
37. Econstrukt may at any time enter the Customer’s premises and property to uplift Goods that Econstrukt has a security interest in.
38. If Goods that Econstrukt has a security interest in have been processed, included or dealt with in any way causing them to become accessions, processed or commingled Goods, then Econstrukt’s security interest continues in the whole in which they are included. The Customer will not grant any other security interest or any lien in either the Goods or the whole.
39. The Customer waives any rights it may have under sections 114(1a), 116, 120, 121, 125, 126, 127, 131, 133, 134 of the PPSA and its right to receive a copy of any verification statement (as that term is defined in the PPSA).
40. The Customer shall give Econstrukt prior written notice of any proposed change of name or address of the Customer.
The Terms and Conditions of Trade constitutes the entire agreement between the parties and no amendment or variation shall be of any force and effect unless expressed in writing and signed by both Econstrukt and the Customer.
Econstrukt Limited, since July 2018 Chris and Sandra Rampe, Vitali Roth
firstname.lastname@example.org 9 Gladstone Rd South, Mosgiel, Ph. (64) 03 489 7538 GST No 126-447-124 Bank: ANZ (06-0909-0466793-00)