TERMS OF TRADE

 DEFINITIONS: 

These terms of trade (“Terms”) between Apex Fencing Group Ltd (“Apex Fencing”) and the purchaser (“Purchaser”) shall apply to all orders for all Products and Services accepted by the Purchaser from Apex Fencing. 

"Products” and “Services" shall mean all products, goods, services, and advice provided by Apex Fencing to the Purchaser, all inventory of the Purchaser that is supplied to Apex Fencing and all of the Purchasers present and after-acquired products that Apex Fencing has performed work on, or to, or in which products or materials supplied or financed by Apex Fencing have been attached or incorporated. 

“Purchaser” shall mean the purchaser themselves, their agent, or any other person or entity acting on their behalf, to purchase products and/or services from Apex Fencing. 

“Price” shall mean the cost of the Products and Services as per our quote, or otherwise agreed between Apex Fencing and the Purchaser, and includes all disbursements unless otherwise stated.

CONDITIONS APPLYING TO SUPPLY: Any Products or Services supplied to the Purchaser shall be subject to the Terms of this document unless altered and agreed in writing by Apex Fencing prior to the Purchaser’s acceptance of the Quote. The Purchaser warrants that these Terms shall prevail and take precedence over any conditions attached to the Purchaser's order or contained in contract documentation provided to Apex after acceptance of the Quote. Where the Purchaser accepts delivery of products and/or services supplied by Apex Fencing it will also be deemed to constitute full acceptance of these Terms and Conditions. 

PAYMENTS: Payment terms will be advised at time of Quote. Residential Purchasers must pay a 50% deposit on acceptance of Apex Fencing Group Ltd’s quote, with the balance payable immediately on delivery. 

For trade account Purchasers, payment is to be made in full without deduction or withholding of retentions by the 20th of month following the Invoice/Payment Claim having been served unless stated otherwise on the Quote. 

Where payment in full is not made by the due date, then without prejudice to any other remedies available, Apex Fencing may cancel or withhold supply of further Products or Services. Interest may be charged on any amount owing after the due date at the rate of 7% per month or part thereof. Any costs incurred in recovering the debt will be paid by the Purchaser. 

QUOTATION: Where a quotation is supplied by Apex Fencing, it is valid for two months from the date of the quotation. Quotations are based on current labour rates and material costs and are subject to recovery of increased costs, margins, and overheads from the date of the Purchaser’s acceptance of the quote until final delivery of Products and Services. Increases will be calculated in accordance with an established industry formula and audited certification can be provided if required at the Purchaser’s cost. 

TITLE TO THE PRODUCTS: Title to the Products will only pass to the Purchaser on receipt of all money owed by the Purchaser to Apex Fencing. 

TIMING OF INVOICES: Invoices will be rendered monthly. Products made in advance of delivery to enable Apex Fencing to meet any delivery program specified by the Purchaser may be invoiced when they are manufactured. 

PHOTOS: Photos are sent as indicative illustrations only and may not represent the final product. Any detailed expectation from the Purchaser should be identified to Apex Fencing to ensure Purchaser’s expectations and or understandings are met. 

CONTRA CLAIMS: Any shortage, damage, or other contra claims must be brought to the notice of Apex Fencing within 24 hours of delivery. The Purchaser shall not deduct, offset, or make contra charges from moneys owing to Apex Fencing. In the event of any claim against Apex Fencing, the Purchaser shall render a detailed written account to Apex Fencing within 2 days of the delivery concerned for consideration.

Apex Fencing shall be given adequate opportunity to verify and rectify defects prior to any contra charges, failing which the Purchaser shall have no claim whatsoever against Apex Fencing.  

VARIATIONS: Pricing of variations is to be fairly assessed and agreed having due regard for the particular circumstances. Unit rates in quotations will not be accepted as the basis for the pricing of variations. Any costs involved in amending or changing product orders, reissuing drawings, or other cost incurred due to changes or additional information given to Apex Fencing after procurement and/or production has commenced may be on-charged to the Purchaser. 

DELIVERY OF PRODUCTS: A programme must be mutually agreed. Every endeavour will be made to satisfy the construction programme, however prior orders must take precedence. Due to the changing manufacturing constraints a contract may be declined if the construction programme cannot be met. Deliveries are subject to six working days’ notice. Delivery times are subject to loading out during Apex Fencing's normal working hours and availability of suitable vehicles. Rescheduling of deliveries will be subject to prior commitments. Delays to deliveries may result in additional charges for handling and storage. Oversize loads are subject to restrictions. This quotation allows for each delivery truck to be at site for a total of one hour for unloading and or waiting. When a truck is at site in excess of 1 hour the additional charge is to be paid by the purchaser. Delivery and acceptance of the products shall be deemed to have taken place when the products are lifted off the truck at the site at which time responsibility for the products shall pass to the purchaser. 

FORCE MAJURE: This offer is subject to availability and supply of the necessary materials services and labour. Apex Fencing shall not be liable for any loss or damage caused by non-performance resulting from any occurrence beyond the control of Apex Fencing, such as but not limited to, Acts of God, fire, strike, lockout, labour disturbances, mechanical breakdown, inclement weather, war or hostilities, directives issued by the New Zealand Government. 

WARRANTY: All Warranties for Products are as per the suppliers or manufacturers warranties for that product and are subject to their stated maintenance requirements. All workmanship warranties provided by Apex Fencing relate solely to the workmanship of the service provided: Apex Fencing does not warrant the workmanship, quality, or suitability, of any building, location, or ground condition, to which Apex Fencing has been instructed to use/install/attached to. All warranty periods shall commence from the date of practical completion of the Quoted work.  

Where Products are deemed to be in the Purchaser’s possession (Materials on/off Site), the Purchaser shall bear all risk in the Product and responsibility for the proper care and storage. The Purchaser agrees to insure the Products upon delivery and will not hold Apex Fencing responsible for any loss or damage that may occur while under the risk of the Purchaser.

Unless otherwise stated workmanship shall be warranted for 12 months.

DAMAGES: Quotations are made of the basis that liquidated damages are not accepted and will not be claimed from Apex Fencing. 

THE PRIVACY ACT: The purchaser authorises Apex Fencing Group Ltd to collect, retain and use any information about the purchaser for the purposes of assessing the Purchasers credit worthiness. The Purchaser authorises Apex Fencing Group Ltd to disclose any such information obtained for the purposes set out above to other parties. 

PERSONAL PROPERTY SECURITIES ACT 1999: The Purchaser acknowledges that these Terms and Conditions create a security interest in all present and after acquired goods and any proceeds of the sale of the goods as security for all of the purchaser's obligations to Apex Fencing pursuant to the Personal Property Securities Act 1999 ("the PPSA") and that Apex Fencing may register a financing statement to protect its security interest in the Products and Services delivered or to be delivered to the Purchaser in accordance with the provisions of the PPSA. 

The Purchaser shall provide all information, execute or arrange for execution of all documents and do all other things that Apex Fencing may require to ensure that Apex Fencing has a protected first ranked security interest in goods under the PPSA. 

The Purchaser waives their rights to receive a verification statement in respect of any financing statement or financing change statement registered by or on behalf of Apex Fencing under the PPSA and agrees that as between Apex Fencing and the Purchaser the Purchaser will have no rights under (or by reference) section 114 (1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131, 132, 133, and 134 of the PPSA and where Apex Fencing has rights in addition to those in part 9 of the PPSA, those rights shall continue to apply. The Purchaser shall immediately upon request by Apex Fencing, procure from any person considered by Apex Fencing to be relevant to its security position such agreements and waivers as Apex Fencing may at any time require. The Purchaser shall immediately notify Apex Fencing of any change in the Purchaser's name, address details, and any other information provided to Apex Fencing to enable Apex Fencing to register a financing charge statement if required.