Terms and Conditions

Terms & Conditions of Sale and Credit

1. Definitions

1.1 “Cash Sale” means any supply of Containers and/or Services made in accordance with this Agreement without credit.
1.2 “Credit Sale” means any supply made in accordance with clause 6.
1.3 “the Company” means Recur Limited, or any agents or employees thereof.
1.4 “Customer” means the customer, any person acting on behalf of and with the customer’s authority, or any person purchasing Containers and services from the Company.
1.5 “Containers” means any containers supplied to the Customer or uplifted from the Customer by the Company and shall include any fee or charge associated with the supply of the Containers by the Company.
1.6 “GST” means Goods and Services Tax as that term is defined in the Goods and Services Tax Act 1985.
1.7 “Price” means the cost of the supply or movement of Containers or Services as provided for in a Quote or as agreed between the Company and the Customer, subject to clause 4 of this Contract.
1.8 “Quote” means a Quote for the supply or movement of Containers and/or Services made in accordance with clause 5 of this Contract.
1.9 “Services” means all services provided by the Company to the Customer.

2. Acceptance

2.1 Any instructions the Customer gives the Company in relation to the supply of Containers and/or Services shall constitute acceptance of the terms and conditions in this document , whether this document has been signed or not.

3. Collection and use of Information and Emailing

3.1 The Customer authorises the Company to collect, retain and use any information about the Customer or for the purposes of assessing the Customer’s credit worthiness, enforcing any rights under any agreement entered into subject to the terms and conditions herein, or marketing any Containers and/or Services provided by the Company to any other party.
3.2 The Customer authorises the Company to disclose any information obtained to any person for the purposes of clause 3.1 of this Contract.
3.3 Where the Customer is a natural person, the authorisations made under clauses 3.1 and 3.2 of this Agreement are consent for the purposes of the Privacy Act 1993.
3.4 The Customer is deemed to have provided consent to receive electronic messages unless this consent is expressly withdrawn.
3.5 Communication and notices between the parties may be served by personal delivery, fax, posted letter; and email if receipt is acknowledged.

4. Price

4.1 If no price is stated in writing or agreed orally the supply or movement of Containers and/or Services shall be deemed to be at the current price that the Company supplies or moves such Containers and/or Services at the time of the supply of the Containers and/or Services.
4.2 The Price may be increased by the amount of any reasonable increase in the cost of supply or movement of Containers and/or Services that is beyond the control of the Company between the date of the Quote and the delivery of the Containers and/or the provision of the Services.
4.3 GST will be charged in addition to the Price.

5. Quotations

5.1 Where the Company provides a Quote for the supply or uplifting of Containers and/or Services, the Quote shall be:
5.1.1 valid for one month from the date of issue;
5.1.2 exclusive of GST unless specifically stated to include GST; and
5.1.3 exclusive of any insurance or handling costs incurred by the Company.
5.2 Any Containers and/or Services required in addition to those specified in the Quote will be invoiced to the Customer and must be paid for by the Customer in accordance with clause 7 of this Contract.
5.3 The Company reserves the right to increase the Quote without notice, where unforeseen circumstances require variation of the delivery of the Containers/Services.

6. Credit Sales

6.1 Where the supply of uplifting of Containers and/or Services is not a Cash Sale, the Customer must, if the Customer has not already done so, complete a Credit Application.
6.2 In completing a Credit Application, the Customer warrants that the:
6.2.1 information provided in the Credit Application is true, accurate and complete in all material respects; and the
6.2.2 Customer is authorised to complete the Credit Application.
6.3 The Company may, at its sole discretion, terminate any credit arrangement, whether or not the Customer has completed a Credit Application.
6.4 Where any credit arrangement is terminated any amounts owing are payable in accordance with clause 7.1 as if the supply or uplifting of Containers and / or Services was a Cash Sale.
6.5 Payment for the supply or uplifting of Containers and/or Services shall be made in full on or before the 20th day of the month following the earlier of the issue of an invoice or delivery or uplifting of Containers or completion of Services (“the Due Date”).

7. Payment

7.1 Payment for Cash Sales is due in full on or before delivery of or uplifting of the Containers or completion of the Services.
7.2 If the Customer does not hold a credit account with the Company the Customer shall pay a Deposit when the Quote is accepted by the Customer.
7.3 Any deposit paid (or installment paid in accordance with clause 7.5) is not refundable unless the Company cancels the agreement because the Company is unable to deliver or uplift the Containers and/or Services.
7.4 In the event that the Agreement is cancelled, any refund, subject to clause 7.3 of any payments made will be made on a quantum meruit basis.
7.5 The Company may, at its sole discretion, regardless of whether the Customer holds a credit account with the Company, require payment or payments in advance, or on a progress payment basis, on account of the supply or uplifting of Containers and/or Services. Such installment payments will be payable in accordance with clause 7.3 of this Contract.
7.6 The Company may, at its sole discretion, charge interest on any amount owing after the Due Date at the rate of 2.0% per month or part thereof.
7.7 Any expenses, disbursements and legal costs incurred by the Company enforcing any of its rights contained in this agreement or related to that enforcement shall be paid by the Customer, including any fees charged by a solicitor or debt collection agency and all solicitor to client costs.
7.8 Receipt of a cheque shall not constitute payment until it has cleared.

8. Risk

8.1 The Containers remain at the Company’s risk until delivery to the Customer. Where the Company is uplifting Containers the risk passes to the Company once the Company has commenced the uplifting of the Containers and ceases once the Containers are delivered to their new location.
8.2 Delivery of Containers shall be deemed to be complete when the Company gives possession of the Containers for delivery to the Customer, or possession of the Containers is given to another carrier, or other bailee for the purposes of delivering to the Customer.
8.3 The time agreed for delivery shall not be an essential term of the agreement between the Company and the Customer unless the Customer gives written notice to the Company making time pf the essence.
8.4 When the Company delivers Containers and/or provides Services to the Customer by installments and the Company fails to deliver or supply one or more installments the Customer shall not have the right to repudiate the Agreement but shall have the right to claim compensation as a severable breach.
8.5 The Company’s liability shall be limited in accordance with the Carriage of Goods Act 1979.

9. Agency

9.1 The Customer authorises the Company to contract either as principal or agent for the provision of the Containers and/or Services that are the subject of this Contract.
9.2 Where the Company enters into a contract of the type referred to in Clause 9.1 that contract shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.

10 Acceptance of Containers and/or Services

10.1 The Customer shall be deemed to have accepted the supply or uplifting of Containers and/or Services unless the Customer notifies The Company otherwise within 7 days of the earlier of the inspection of the Containers by the Customer or delivery of the Containers or provision of the Services to the Customer.

11 Liability

11.1 Except as otherwise provided in this Agreement or by statute, the Company shall not be liable in the Company shall not be liable
in contract, tort or otherwise for any loss, damage, or injury beyond the value of the Containers and/or Services provided by the Company to the Customer. The Company shall not be liable for any consequential losses. The Customer shall indemnify the Company against all claims of any kind whatsoever, however caused or arising without limiting the generality of the forgoing of this clause whether caused or arising as a result of the negligence of the Company or otherwise, brought by any person, other than the Customer, in connection with any matter, act, omission, or error by the Company, its agents or employees in connection with the Containers and/or the Services.
11.2 The Company’s risk shall only be in respect of the Containers themselves only and not extend to any other goods, property or the contents of a Container.
11.3 The Customer by ordering any Containers or Services from the Company is relying upon its own decision as to the suitability of the same for its purposes.
11.4 The directors and shareholders of the Company shall not have any liability for the Company’s actions or under any contract entered into by the Company or under tort.

12. Consumer Guarantees Act

12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded if the Customer acquires Containers and/or Services from the Company for the purposes of a business in terms of sections 2 and 43 of that Act.

13. Cancellation

13.1 The Company shall, without liability, and without any prejudice to any other right it has in law or in equity, have the right without notice to suspend or cancel in whole or in part any agreement for the supply of Containers and/or Services to the Customer if the Customer:
13.1.1 fails to pay any money owing after the due date; or
13.1.2 commits an act of bankruptcy as defined in the Insolvency Act 2006; or
13.1.3 being a company, goes into liquidation whether voluntary or compulsory or does anything or fails to do anything that would allow a receiver or manager to be appointed, or a receiver or manager to take possession of any of the Customer’s assets, or which would entitle any person to present an application for winding up or is wound up or dissolved or placed under statutory management or enters into a scheme of arrangement with its creditors or any class thereof.
13.2 Any cancellation or suspension under clause 15.1 of this agreement shall not affect the Company’ claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this agreement or the customer’s obligations to The Company under this agreement.

14 Miscellaneous

14.1 The Customer shall not assign all or any of its rights or obligations under this Agreement without the Company’ written consent.
14.2 The Company shall not be liable for delay or failure to perform its obligations if the cause of the delay is beyond its control.
14.3 The Company’ failure to enforce any of the terms and conditions contained herein shall not be deemed to be a waiver of any of The Company’ rights and obligations under this agreement.
14.4 The law of New Zealand shall apply to this agreement except to the extent expressly negatived or varied by this agreement.
14.5 Where the terms of this agreement are at variance with the order or instruction from the Customer, these terms and conditions of sale and credit shall prevail.
14.6 If any provision of this agreement shall be invalid, void or illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudice or impaired.
14.7 The Company shall be entitled to vary the terms of this agreement from time to time by publishing the same on the Company’s website and variations shall be effective from the date of publication on the website. No variation of this agreement by the Customer shall be accepted unless confirmed in writing by a director of the Company