CONDITIONS OF SALE
The following terms, together with the Fletcher Building Terms of Credit, shall be incorporated into every contract between Fletcher Concrete and Infrastructure Limited (the “Company”) and the Buyer for the supply by the Company of goods or services (both of which are referred to as materials) unless specifically excluded in writing and annexed hereto. No variation of these terms will be binding upon the Company unless made in writing. In the event of inconsistency between these terms and the terms of any quotation or other agreement these terms shall take precedence.
1. REPRESENTATIONS AND WARRANTIES
(a) Any representation, undertaking or warranty made by the Company or any agent or representative of the Company unless recorded in writing and annexed hereto are of no effect and shall not apply to this contract or to any contract collateral to this contract.
(b) All warranties and conditions implied by law (including any warranties as to suitability of the materials for the use to which they will be put) are excluded from this contract and shall not apply to it.
(c) It is the Buyer's obligation to satisfy itself that materials supplied are suitable for the purpose to which the Buyer wishes to use them and the Company does not warrant that the materials are suitable for any particular purpose.
(d) Where the Company issues a producer statement in relation to materials the Company does not warrant the accuracy of the statements contained in that producer statement and that producer statement is issued subject to the limitations of liability contained in these terms.
2. DELIVERY
(a) The Company shall (unless otherwise stated) deliver the materials by a carrier of its choice to an area at or alongside the site complying with paragraph (d) below. Where the Buyer nominates the use of other services or carriers, any additional costs arising beyond the Company's normal costs shall be borne by the Buyer.
(b) Where small consignments incur additional cost or delivery is specified to a destination other than the Buyer's quoted point of delivery, any additional freight costs shall be borne by the Buyer.
(c) Truck turn around time of 60 minutes has been allowed in this contract and any costs due to time over this period at the site shall be paid by the Buyer.
(d) The Buyer shall provide at its expense safe hard roading suitable for use by usual road transport to deliver materials to the site or to an area alongside the site with sufficient clear hard space at all times for unloading and stacking and unless otherwise specified shall supply all necessary cranes and other means of unloading. Should safe delivery not be possible through failure of the Buyer to comply with this provision, any additional expenses incurred by the Company in effecting delivery shall be paid by the Buyer.
(e) Any time or date for delivery given by the company is intended only as an estimate and the Company shall not be liable for the consequences of delay however arising and the Buyer acknowledges that the Company will not accept any liability for any claims or losses arising from its failure to meet the delivery date. Delayed delivery shall not invalidate this contract or subject the Company to any penalty and the Buyer will accept the materials when delivered and pay the price prevailing at the date of delivery notwithstanding any such delay.
(f) Where the Company is dependent upon other manufacturers or suppliers to provide materials or services, the Company is under no liability to the Buyer for the failure of the manufacturer or supplier to provide the materials.
(g) When the materials are available and due for delivery by the Company and the Buyer fails to take or accept the same when required to do so under this contract, for the purpose of the Terms of Sale delivery shall be deemed to have been made on the date the Company was willing and able to effect delivery.
3. RETURN OF MATERIALS
(a) No claims for alleged defective materials (including damage in transit) will be recognised unless made in writing and received by the Company within seven days after delivery. The Company reserves the right to inspect the materials and to remedy defects in respect of the materials on the site, but otherwise materials accepted as defective by the Company shall be returned to the Company at the Buyer's expense, at the original point of commencement of delivery.
(b) Other than as provided in paragraph (a) above the Buyer may not return or refuse delivery of any materials purchased from the Company.
4. GENERAL
(a) The Buyer agrees that (except as provided in these terms) these terms represent the entire agreement between the Buyer and the Company.
(b) The Buyer agrees that the following terms used in these terms will have the following meanings:
(i) "Buyer" means the person named as Buyer in the attached credit application or Invoice;
(II) "materials' means all pipeline systems, plumbing and irrigation products, parts and materials supplied or to be supplied by the Company and Includes any products, parts and materials referred to in any invoice Issued by the Company at any time and includes services where applicable;