Southern Access Solutions Terms of Trade
These terms govern the rental of the Equipment and provision of the services from SAS Ltd to the Customer. The acceptance by the customer of the Equipment and the Services indicates the Customers acceptance of these Terms
- “Customer” includes any agent of the customer.
- “Equipment” means all the equipment, including, but not limited to, scaffolding, machinery, plant. fittings, accessories and parts supplied by SAS ltd to the customer pursuant to the Terms.
- “SAS Ltd” means Southern Access Solutions Limited 4632419
- “Insolvency Event” means becomes insolvent, enters into a composition with creditors, is declared bankrupt, goes into liquidation, a receiver or administrator is appointed to any or all of its assets or undertakings, or ceases to carry on business, or an event analogous to or having substantially similar effect to any of the events specified in this definition.
- “Rental Fee” means the rental fee as provided in SAS’s estimate or invoice, and in the event that the Equipment is required for a longer period than the Rental Period as provided in SAS Ltd’s estimate and/or further services are required by the Customer, the Customer will be the additional rental fee as calculated by SAS Ltd.
- “Rental Period” means the period commencing at the time at which the Equipment is erected onsite terminating at the time at which the Equipment is dismantled and removed from the site.
- “Services” means the services provided by SAS Ltd to the customer in relation to the installation, modification and dismantling of the Equipment.
- “Terms” means these terms of trade.
- Rental of Equipment
- The Customer agrees to rent from SAS Ltd and SAS Ltd agrees to rent to the Customer the Equipment for the Rental Period pursuant to these Terms.
- The Rental fee for the Rental Period is calculated on a weekly basis.
- The Customer must notify SAS Ltd within 24 hours of the Equipment being delivered if any of the Equipment is missing or damaged on delivery, otherwise the Equipment will be deemed to be delivered in good condition.
- Should there be any failure, breakage or breakdown of the Equipment, the Customer must notify SAS Ltd immediately. SAS Ltd will use it’s best endeavours to replace or substitute the affected Equipment as soon as possible if the failure etc. resulted from the proper use of the Equipment in accordance with these Terms but will not be liable for loss or damage arising from failure, breakage or breakdown of the Equipment.
- Provision of Services.
- The Customer wishes that SAS Ltd to provide the Services and SAS Ltd agrees to provide such Services pursuant to these terms.
- The Customer will pay all fees in relation to the Services by electronic payment direct to SAS Ltd Bank Account.
- Risk and Insurance
- The Equipment remains the sole property of SAS Ltd at all times
- Notwithstanding clause 4.1, the Customer is responsible for the Insurance of and risk in the Equipment during the Rental period.
- The Customer agrees to obtain at its own cost keep current and not act so as to void insurance cover in respect of it’s potential liability under these Terms. Any Insurance monies pursuant to the above mentioned policy shall be first applied to the indemnification of SAS Ltd.
5.1 Payment shall be made in full on the 20th day of the month following end of the Rental Period. Payment must be made by direct credit to the account specified in SAS Ltd invoice unless otherwise consented by SAS Ltd.
5.2 Where these Terms form a “construction contract” in terms of the Construction Contracts Act 2002 there shall be no progress payments and the Rental fee shall be paid for in one sum on the due date.
6. Obligations to Customer
6.1 The Customer:
(a) Agrees that it is responsible for ensuring that the Equipment which is rented is suitable for purpose. The Customer understands that should the Customer need to change the Equipment, additional charges may be payable.
(b) Must use the Equipment in a proper manner and in accordance with SAS Ltd instructions at handover and the instructions on the scaffold tags. In no circumstances will the Customer use the Equipment for a purpose for which it is not designed.
(c) Is responsible for complying with all health and safety legislation and all codes of practice in relation to the use of the Equipment, including but not limited to the Work Safe approved code of practice for scaffolding
(d) Must ensure that only competent and qualified tradespeople use the Equipment.
(e) Must take care of the equipment and ensure the Equipment is available to pick up in a clean and proper condition and in working order. The Customer agrees to pay any and all costs relating to any damage to or loss of the Equipment, and any cleaning costs incurred in the event the Equipment is not returned in a good and clean condition.
(f) Shall not allow any third party to have possession or use of the Equipment for any amount of time and shall not represent to any third party the the Equipment is owned by the Customer or any third party.
(g) Shall not alter or make any additions to the Equipment.
(h) Agrees that the Customer is responsible for any loss of or damage to the Equipment during the Rental Period.
7.1 Notwithstanding clause 4.1 the Customer grants to SAS Ltd a security interest in the Equipment that SAS Ltd supplies to the Customer. Such security interest includes the Equipment and proceeds of the Equipment, including those relating to Equipment which has become an accession to other goods, processed or comingled or mixed with other goods.
7.2 The Customer waives all rights to receive a copy of any verification statement relating to a financing statement.
7.3 The Customer authorises SAS Ltd to:
(a) Request any information from any secured party relating to any of the Customers security interests; and
(b) Search the Personal Property Securities Register at any time for information relating to the Customer or the Customers related entities.
7.4 The Customer will be responsible for all reasonable costs in relation to the discharge or amendment of a financing statement by SAS Ltd.
8.1 SAS Ltd may terminate supply of the Equipment of the Services to the Customer pursuant to these Terms without payment of compensation:
(a) At any time on two hours notice to the customer
(b) Without notice in the even that:
(i) The Customer breaches these terms;
(ii) The Customer suffers an Insolvency Event; or
(iii) SAS Ltd believes the Equipment to be at risk for any reason whatsoever.
8.2 On Termination or expiration of the supply of the Equipment ,SAS Ltd is entitled to immediately take possession of the Equipment and the Customer irrevocably appoints SAS Ltd its agent for this purpose and authorises SAS Ltd to enter onto any land or premises owned by or under the control of the Customer, upon which the Equipment is situated, and agrees to indemnify SAS Ltd in respect to any claims, damages or expenses arising under this clause.
9.1 The Customer agrees to indemnify and keep indemnified SAS Ltd from and against any and all loss, damage or liability suffered (including legal fees and costs incurred on a solicitor/client basis) by SAS Ltd or any third party resulting from:
(a) Any act, neglect or default of the Customer or it’s agents, employees or licensees; or
(b) A breach of these Terms by the Customer.
10.1 To the extent permitted by statute and common law, our liability shall be limited to, at our option, either proper replacement of the Equipment, or the amount paid by the Customer for the Equipment and the Services.
11.1 The Customer consents to SAS Ltd collecting, storing and using information about the Customer for the following purposes;
(a) Provision of the Equipment and Services under these Terms;
(b) Undertaking enquiries with any credit agency in relation to the creditworthiness of the Customer;
(c) Marketing SAS Ltd goods and services; and
(d) Enforcing SAS Ltd rights against the Customer.
11.2 Where the Customer is an individual, the provisions of the Privacy Act 1993 apply, including the right for the Customer to access their personal information held by SAS Ltd and request a correction of any such information held, Any queries should be directed to SAS Ltd Privacy Officer at SAS Ltd address.
11.3 The Customer consents to receiving commercial electronic messages from SAS Ltd for the purposes of the unsolicited Electronic Messages Act 2007.
12.1 No failure or delay by any party to enforcing a provision of the Terms at any time shall be a waiver of that provision. No waiver shall be effective unless it is in writing, No waiver of any breach to these terms shall be deemed to be a waiver of any other subsequent breach.
12.2 Any clause of these Terms which is or becomes unenforceable, illegal or invalid for any reason shall be severed and shall not effect the enforceability, legality, validity or application of any other clause(s) which shall remain in full force and effect.
12.3 No variation to these terms shall be valid or binding unless recorded in writing and signed by both parties.
12.4 The Customer may not assign or transfer all or any part of it rights or obligations under these Terms without the prior written consent of SAS Ltd.
12.5 When the Customer requires the Equipment for the purposes of a Business, or if the Customer holds itself out as acquiring it for the purposes of a business, the Customer agrees that the Consumer Guarantees Act 1993 shall not apply
12.6 These Terms are made in New Zealand and its construction, validity and performance shall be determined under New Zealand law. The parties submit to the non-inclusive jurisdiction of the Courts of New Zealand.
12.7 All notices must be in writing and must be served by one of the following means and in respect of each is deemed to have been served as described:
(a) By person or delivery, when received by the addressee; or
(b) By posting by registered or ordinary mail, on the second working day following date or posting to the addressee’s last known address for correspondence.
(c) By email when acknowledged by the addressee by returned email or otherwise in writing;
(d) By facsimilie transmission, when sent to addressee’s facsimilie number (with transmission confirmation)