Definitions:
"The Company" means Telsat® Communications Limited.
"The Purchaser" means the person or persons, whether corporate or incorporate, who have or who has requested supply of the goods and includes their respective executives, administrators and assigns.
Delivery:
Every reasonable effort will be made to deliver the goods in a reasonable time to the place you request. If you do not request any particular place, we will deliver them to your premises. Goods not available at the time of dispatch, will be placed on backorder, and be sent as soon as they are available for delivery.
Prices:
Prices are subject to change at any time without prior notice and are quoted exclusive of GST. Prices prevailing at the time of delivery apply. Note: GST is only charged to NZ residents/Company's.
Payment:
Accounts are net, unless otherwise stated and agreeded in writting, and the trading terms are strictly net payable on the 20th day of the month, following the date of invoice. Interest may be charged at a rate to be determined by the Company on overdue accounts at the end of each calendar month.
Ownership:
Ownership of the property in goods supplied to the purchaser by the Company shall remain vested in the Company until payment has been made in full. If default is made by the purchaser in payment then the Company shall have the right at its absolute discretion and with your permission and without further notice, enter from time to time upon any premises in which such goods are located, to inspect and remove all such goods which are still owned by the Company. The Company reserves the right to dispose of such goods upon such terms and conditions as the Company sees fit.
Returns:
All goods are sold firm unless otherwise stated on the invoice. Goods that are supplied in error are returnable for replacement or neasr replacement, or credit, provided the Company is notified within seven (7) days of the packing slip/invoice date. The date and number of the original packing slip/invoice must accompany the goods returned. Defective items will be replaced or if a replacement is unavailable, credit in full will be provided, providing the items are returned in an acceptable condition to the Company in seven (7) days.
Guarantee:
Accounts from NZ individuals and/or NZ registered Company's under the NZ Company's Act will be opened on the satisfactory completion of the Company Credit Application Form. The applicants signing this form jointly and severally unconditionally guarantee to the Company that due and punctual payment of all monies owing at any time by the purchaser. A written guarantee signed by the Directors of the purchasing Company may be requested by the Company.
Breach:
In the event of any account outstanding for more than thirty (30) days, the Company may, at its discretion, place the account due in the hands of a debt collection agency. All costs incurred in the collection of the account due, will be added to the original amount owed, as well as any interest due.
Waiver:
The Company shall not be deemed to waived conditions hereof unless it has done so in writing, signed by a director of the Company. The Company's rights, powers and remedies remain in force notwithstanding any forbearance or delay on its part.
Contract:
These terms and conditions express the agreement of the Company, and the purchaser on the matters recorded and shall not be subject to change without agreement in writing of the Company and the purchaser.
These terms retain maximum effect:
If any part of these terms or the contract is found to be illegal, invalid, or legally unenforceable, the Company and the purchaser agree that those parts will be deleted from the terms as if they had never been agreed. If this happens, the Company and the purchaser agree to do anything which is reasonable and necessary to carry out these terms as originally intended. The Company and the purchaser agree that the contract will be amended if it is necessary to carry out this clause.
Consumer Guarantee's Act:
The purchaser acknowledges that where goods are supplied under this agreement and are required for business purposes, the Consumer Guarantees Act shall not apply.
Legality of Satellite Reception:
The Company (Telsat® Communications Ltd) specifically draws the Purchaser's attention to the fact that ALL material broadcast by satellite is copyright. Improper use of material may result in prosecution by the copyright holder.
The Company does NOT guarantee the continued reception of any satellite transponder/service for whatever reason.
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Telsat® Communications Ltd
Palmerston North, (Knowledge City) NEW ZEALAND. Established in 1988. Tel: +64-6-356-2749, Fax: +64-6-355-2141. |