1.1 “Ash Air” shall mean Exlair (NZ) Limited – trading as Ash Air, or any agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing
products and services from Ash Air.
1.3 “Products” shall mean:
1.4 “Products and Services” shall mean all products, goods, services and advice provided by Ash Air to the Customer and shall include
without limitation the design, supply, repair, maintenance and servicing of air equipment and associated Products and all technical advice
and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products and Services by Ash
Air to the Customer.
1.5 “Price” shall mean the cost of the Products and Services as agreed between Ash Air and the Customer and includes all disbursements eg
charges Ash Air pay to others on the Customer's behalf subject to clause 4 of this contract.
2. Acceptance
2.1 Any instructions received by Ash Air from the Customer for the supply of Products and Services shall constitute a binding contract and
acceptance of the terms and conditions contained herein.
3. Collection and use of information
3.1 The Customer authorises Ash Air to collect, retain and use any information about the Customer, for the purpose of assessing the
Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products and Services provided by Ash Air to any
other party.
3.2 The Customer authorises Ash Air to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the
Privacy Act 1993.
4. Price
4.1 Where no price is stated in writing or agreed to orally the Products and Services shall be deemed to be sold at the current amount as
such Products and Services are sold by Ash Air at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products and Services that is beyond
the control of Ash Air between the date of the contract and delivery of the Products and Services.
5. Payment
5.1 Payment for Products and Services shall be made in full on or before the 20th day of the month following the date of the invoice (“the
due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Ash Air in the enforcement of any rights contained in this contract shall be
paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is
paid in full.
5.5 A deposit may be required.
6. Quotation
6.1 Where a quotation is given by Ash Air for Products and Services:
6.2 Where Products and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such
Products and Services.
7. Risk
7.1 The Products and Services remain at Ash Air’s risk until delivery to the Customer.
7.2 Delivery of Products and Services shall be deemed complete when Ash Air gives possession of the Products and Services directly to the
Customer or possession of the Products and Services is given to a carrier, courier, or other bailee for purposes of transmission to the
Customer.
7.3 The time agreed for delivery shall not be an essential term of this contract.
8. Title and Security (Personal property securities Act 1999)
8.1 Title in any Products and Services supplied by Ash Air passes to the Customer only when the Customer has made payment in full for all
Products and Services provided by Ash Air and of all other sums due to Ash Air by the Customer on any account whatsoever. Until all sums due
to Ash Air by the Customer have been paid in full, Ash Air has a security interest in all Products and Services.
8.2 If the Products and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or
assembly process by the Customer or any third party, title in the Products and Services shall remain with Ash Air until the Customer has
made payment for all Products and Services, and where those Products and Services are mixed with other property so as to be part of or a
constituent of any new Products and Services, title to these new Products and Services shall deemed to be assigned to Ash Air as security
for the full satisfaction by the Customer of the full amount owing between Ash Air and Customer.
8.3 The Customer gives irrevocable authority to Ash Air to enter any premises occupied by the Customer or on which Products and Services are
situated at any reasonable time after default by the Customer or before default if Ash Air believes a default is likely and to remove and
repossess any Products and Services and any other property to which Products and Services are attached or in which Products and Services are
incorporated. Ash Air shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result
of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded.
Ash Air may either resell any repossessed Products and Services and credit the Customer’s account with the net proceeds of sale (after
deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and Services and credit the
Customer’s account with the invoice value thereof less such sum as Ash Air reasonably determines on account of wear and tear, depreciation,
obsolescence, loss or profit and costs.
8.4 Where Products and Services are retained by Ash Air pursuant to clause 8.3 the Customer waives the right to receive notice under s.120
of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
8.5 The following shall constitute defaults by the Customer:
8.6 If the Credit Repossession Act applies to any transaction between the Customer and Ash Air, the Customer has the rights provided in that
Act despite anything contained in these terms and conditions of trade.
9. Security interest for service providers
9.1 The Customer gives Ash Air a security interest in all of the Customer’s present and after-acquired Property that Ash Air has performed
services on or to or in which Products or materials supplied or financed by Ash Air have been attached or incorporated.
10. Payment Allocation
10.1 Ash Air may in its discretion allocate any payment received from the Customer towards any invoice that Ash Air determines and may do so
at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and
allocated. In the absence of any payment allocation by Ash Air, payment shall be deemed to be allocated in such manner as preserves the
maximum value of Ash Air’s purchase money security interest in the Products and Services.
11. General Lien
11.1 The Customer agrees that Ash Air may exercise a general lien against any Products and Services or property belonging to the Customer
that is in the possession of Ash Air for all sums outstanding under this contract and any other contract to which the Customer and Ash Air
are parties.
12. Disputes
12.1 No claim relating to Products and Services will be considered unless made within seven (7) days of delivery.
13. Liability
13.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations
upon Ash Air which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied
warranties, conditions or terms imposed on Ash Air, Ash Air’s liability shall, where it is allowed, be limited at the option of the company.
13.2 Except as otherwise provided by clause 13.1 Ash Airs Limitation of Liability is limited at the option of the company –
13.3 If, contrary to the disclaimer of liability contained in these terms and conditions of trade Ash Air is deemed to be liable to the
Customer, following and arising from the supply of Products and Services by it to the Customer, then it is agreed between Ash Air and the
Customer that such liability is limited to the public liability insurance cover held by Ash Air.
14. Plant
14.1 Any plant supplied by Ash Air to the Customer, whether in consideration of rental or free of charge, shall remain the property of Ash
Air and the Customer shall keep such plant fully insured in the name of Ash Air against all risks of every usual description and other such
risks as Ash Air may require and shall not attempt to sell, assign, mortgage or borrow on such plant. The Customer shall also permit Ash Air
(or its agents) at any time without notice to enter all premises at which Ash Air on reasonable grounds believe th e plant may be stored, to
inspect, remove or repossess the plant supplied by Ash Air. Ash Air shall not be liable for costs, damages or expenses or any losses
suffered by the Customer as a result of this action and the Customer shall also indemnify Ash Air against any liability against any third
party suffered by Ash Air as a result of such actions.
15. Warranty
15.1 Unless otherwise stated in Ash Air’s quotation to the Customer, second hand/used goods supplied by Ash Air are subject to a warranty
period of 30 days from date of invoice and new goods supplied by Ash Air are subject to a warranty period of 90 days from date of invoice.
Such warranty is limited to that specified by the manufacturer of the goods.
15.2 All warranties shall be deemed null and void if, in Ash Air’s opinion, the damage to the Goods has been caused by the Customer’s misuse
or neglect or the Customer repairs, attempts to repair or cause to be repaired, the goods by any person other than those authorised or
specified by Ash Air.
15.3 Service repair warranty is limited to the repair or replacement of faulty parts or workmanship supplied by Ash Air, for a period of 90
days from the date of completion of the particular work.
15.4 All warranty repairs and claims will be carried out during Ash Airs normal work hours. The supply of standby equipment, kilometres,
travel time and consumable items are not covered by warranty.
15.5 Warranty for all online shop air compressors is 1 year unless stated differently. Any warranty is supported only if service is made on
schedule using original parts purchased from Ash Air.
16 Copyright and Intellectual property
16.1 Ash Air, owns and has copyright in all designs, specifications and work produced by Ash Air in connection with the Products and
Services provided pursuant to this contract.
17. Consumer Guarantees Act
17.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products and Services from Ash
Air for the purposes of a business in terms of section 2 and 43 of that Act.
18. Miscellaneous
18.1 Ash Air shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
18.2 Failure by Ash Air to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of
the rights or obligations Ash Air has under this contract.
18.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and
enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
