Terms of Trade
Consumers Guarantees Act 1993
Where the customer is a business (as defined by the Consumers Guarantees Act 1993), it agrees that it is using the services of CM Mechanical Limited “the Company” for the purposes of a business and that the Consumers Guarantees Act 1993 does not apply. Where the Consumers Guarantees Act 1993 applies, this agreement will be read subject to the provisions of the Consumers Guarantees Act 1993.
Motor Vehicle Sales Act 2013
The customer agrees that the Motor Vehicle Sales Act 2013 does not apply and that CM Mechanical Limited is not a registered Motor vehicle trader as per the Motor Vehicle Sales Act 2013 Subpart 2 – Interpretation General 1) Motor Vehicle – (b) a tractor or farm machinery is not classified as a vehicle under this Act. For the purposes of the sales and purchases of second-hand machinery sold on behalf, the customer is aware that CM Mechanical Limited is acting as an agent on behalf of the seller and that it is the responsibility of the seller to abide by any legal regulations that may apply. It is also the responsibility of the buyer and seller to file all change of ownership documents that apply.
Insurance
Insurance of goods is the responsibility of the customer, always.
Payment Terms
Repairs & Services
Payment terms are the 20th of the month following the month in which the invoice is dated. If there is a dispute related to an invoice, the undisputed portion of the account shall be payable in accordance with the terms in this agreement.
CM Mechanical Limited has the right to withhold any services to any customer whose account is in arrears until such time, as the account has been paid in full.
CM Mechanical Limited has the right to charge interest on overdue accounts at a rate of 2% per month, calculated monthly in arrears and such interest charge will be added to the total amount due by the customer. The customer will be liable for all costs incurred from all collection agencies engaged by CM Mechanical Limited to collect amounts overdue by the customer.
Parts will remain the property of CM Mechanical Limited until payment has been made in full. The customer authorises CM Mechanical Limited to register a financing statement as security over the parts until payment is made in full.
New Machinery
Deposits are required to confirm orders, unless otherwise agreed in writing. The customer agrees that payment is due in full before delivery or pick up of new machinery and within seven days of being notified of its’ arrival into New Zealand, failure to do so; will give CM Mechanical the right to charge interest of 2% on the balance every seven days until the balance is cleared and a holding fee of $150.
Second Hand Machinery Sales
The customer agrees that second-hand machinery is to be paid for in FULL to CM Mechanical Limited, before picking up or delivery is made. Unless an agreement has been made prior to pick up or delivery that both parties have agreed to in writing.
Second Hand Machinery Sales on behalf
Customer being the ‘SELLER’ of the goods: The customer agrees that CM Mechanical Limited is acting as an agent on behalf of you (the seller), for a commission (percentage amount to be agreed upon before listing any equipment) on the total sales price and you give authority for CM Mechanical Limited to sell the goods in question and collect the full sale price from the purchaser. The customer agrees that CM mechanical Limited will deposit the sales amount into your nominated bank account, less the commission and any other additional costs, once received by CM Mechanical Limited. The customer agrees that CM Mechanical Limited does not guarantee the sale of goods and that it will remain the customer’s property until a payment has been received in full, from the purchaser at which point CM Mechanical Limited will assist in the delivery process if appropriate. The customer agrees that there is no security being held over the goods in question and that there are no remaining finance agreements in place on the goods that you have given authority for CM Mechanical Limited to act as an agent to sell said goods on your behalf. The Seller is to maintain insurance until the ownership is transferred to the purchaser on completion of sale at the time of delivery.
Customer being the ‘PURCHASER’ of the goods: The customer agrees that in the event of purchasing second hand tractors, machinery, implements and any other related second-hand goods they are purchasing the goods through CM Mechanical Limited as an agent on commission basis only, CM Mechanical Limited does not own the goods but has authority to sell the goods on behalf of the vender. The customer agrees that all second-hand machinery purchased is done so on the terms of an ‘as is where is’ basis, and NO warranty or representation of any sort applies.
New Machinery
Quotes
All quotes expire 30 days following the date on the quote. If the customer wishes to confirm an order after a quote expires, prices may vary, and any discounts will no longer apply. A new quote will be provided if required, at the discretion of CM Mechanical Limited.
Confirmation of Orders
On acceptance of quotes, tax invoices will be provided with the confirmed prices. Indent and stock orders will only be made when the deposit stated on the invoice is received by CM Mechanical Limited. If the agreed deposit is not received CM Mechanical has the right to withhold the order until such time it is received and if the deposit is not received within 14 days of the invoice date CM Mechanical Limited has the right to cancel the order. Indent and stock orders are binding on the customer and cannot be cancelled or amended after the deposit is paid, unless at the discretion of CM Mechanical Limited. Deposits are non-refundable.
Shipping
Production and shipping time frames can vary, CM Mechanical Limited will keep the customer informed of the expected arrival time, and any delays that may occur. However, will not at any time guarantee an exact arrival date. All machinery purchase prices include shipping costs to CM Mechanical Limited’s yard via sea freight and transport from the port to their yard. Any additional freight costs will be passed onto the customer. If Airfreight is requested by the customer all costs related from the factory will be passed onto the customer.
Delivery
The customer agrees that delivery will only be made once payments have been made in full and CM Mechanical Limited has set up, run and tested the equipment. The customer agrees that training will be given by CM Mechanical Limited in terms of safety and operation.
Manufactures Warranty
CM Mechanical Limited gives no manufacturer’s warranty on behalf of any manufacturer. However, where possible; CM Mechanical Limited will pass on to the buyer the benefit of any warranty received from the manufacturer after payment of any manufacturer transfer fees. The customer agrees that the manufacturer warranty will only apply if the equipment is operated and serviced as per the manufacturer instructions as demonstrated by the team at CM Mechanical Limited during the training and delivery session.
Repairs & Services
CM Mechanical Limited stands by its quality of work and if a fault occurs due to the direct action taken by CM Mechanical Limited, the customer agrees to inform CM Mechanical Limited, immediately on receipt of goods, so any necessary action can be taken before any further damages occur.
If any parts used are found to be defective, the customer agrees that CM Mechanical Limited has the discretion whether to repair, replace or provide a refund for the part in question.
The customer agrees that CM Mechanical Limited is not responsible for faults on any repairs and maintenance done by CM Mechanical Limited, if the equipment in question has not been operated in the manner it was intended to do so by the manufacturer, or if the equipment has not been serviced per the manufacturer’s guidelines or if the goods in question have been damaged due to a collision or action of the customer of any sort.
Disputes
In the event of a dispute either party may refer the matter to a trade association, president to determine the dispute. Their decision shall be final, as to determination of the dispute and apportionment of costs.
Liability
CM Mechanical Limited will not be liable for the customer for any loss, damage or liability of any kind whatsoever, including consequential loss, loss of revenue, business or loss of use whatsoever and however caused or arising. If by law CM Mechanical Limited is found liable it is limited only to the invoice value of the goods or service in question.
Privacy
The customer agrees that CM Mechanical Limited may collect, hold and use information that the customer has provided to CM Mechanical Limited in the application form, and during the continuity of the relationship. The customer agrees that CM Mechanical Limited may use such information to carry out credit checks, administer the customer’s account including to collect any debts and to assist in the ongoing business relationship. The customer warrants that all information given to CM Mechanical Limited has been collected, held, used and disclosed in a manner that is consistent with the requirements of the Privacy Act 1993.
Confidentiality
The customer agrees, unless otherwise required by law, to keep all information relating to CM Mechanical Limited, including the Company’s pricing confidential and not to disclose such information except with written consent from the company’s directors.
Notices
Any notice may be given by phone, in person, posted, or sent by email to you (or where you are a company, to any of your directors or person named as management in the account application form).
Variations
CM Mechanical Limited may review, vary and amend this agreement at any time, provided that any variations and amendments are notified to the customer in writing.