Terms and Conditions Of Trade

Terms And Conditions Of Trade

1. DEFINITIONS

“Metal Mart” shall mean Metal Mart Limited, or any agents or employees
“Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Metal Mart.
“Goods” shall mean:
“Goods and Services” shall mean all goods, products, services and advice provided by Metal Mart to the Customer and shall include without limitation the design, manufacture, supply and installation of various metal, steel and stainless steel products including vehicle bodies and all transport engineering consultancy, repair and maintenance services and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by Metal Mart to the
“Price” shall mean the cost of the Goods and Services as agreed between Metal Mart and the Customer and includes all disbursements eg charges Metal Mart pay to others on the Customer's behalf subject to clause 4 of this

2. ACCEPTANCE

Any instructions received by Metal Mart from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained

3. COLLECTION AND USE OF INFORMATION

The Customer authorises Metal Mart to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods and Services provided by Metal Mart to any other
The Customer authorises Metal Mart to disclose any information obtained to any person for the purposes set out in clause 1.
Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act

4. PRICE

Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Metal Mart at the time of the
The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Metal Mart between the date of the contract and delivery of the Goods and

5. PAYMENT

Payment for Goods shall be made:

of the invoice (“the due date”); otherwise

In full on receipt of delivery of Goods or completion of work (“the due date”).
Interest may be charged on any amount owing after the due date at the rate of 5% per month or part month.
Any expenses, disbursements and legal costs incurred by Metal Mart in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency
Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in
A deposit of between 10% and 50% may be

6. QUOTATION

Where a quotation is given by Metal Mart for Goods and Services:
Where Goods and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods and

7. RISK

The Goods and Services remain at Metal Mart’ risk until delivery to the
Delivery of Goods and Services shall be deemed complete when Metal Mart gives possession of the Goods and Services directly to the Customer or possession of the Goods and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Metal Mart making time of the
Where Metal Mart delivers Goods and Services to the Customer by instalments and Metal Mart fails to deliver or supply one or more instalments the Customer shall not have the right to cancel the contract but shall have the right to claim compensation as a severable

8. AGENCY

The Customer authorises Metal Mart to contract either as principal or agent for the provision of Goods and Services that are the matter of this
Where Metal Mart enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that

9. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

Title in any Goods and Services supplied by Metal Mart passes to the Customer only when the Customer has made payment in full for all Goods and Services provided by Metal Mart and of all other sums due to Metal Mart by the Customer on any account whatsoever. Until all sums due to Metal Mart by the Customer have been paid in full, Metal Mart has a security interest in all Goods and
If the Goods and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods and Services shall remain with Metal Mart until the Customer has made payment for all Goods and Services, and where those Goods and Services are mixed with other property so as to be part of or a constituent of any new Goods and Services, title to these new Goods and Services shall deemed to be assigned to Metal Mart as security for the full satisfaction by the Customer of the full amount owing between Metal Mart and
The Customer gives irrevocable authority to Metal Mart to enter any premises occupied by the Customer or on which Goods and Services are situated at any reasonable time after default by the Customer or before default if Metal Mart believes a default is likely and to remove and repossess any Goods and Services and any other property to which Goods and Services are attached or in which Goods and Services are incorporated. Metal Mart shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be Metal Mart may either resell any repossessed Goods and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and Services and credit the Customer’s account with the invoice value thereof less such sum as Metal Mart reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
Where Goods and Services are retained by Metal Mart pursuant to clause 9.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the
The following shall constitute defaults by the Customer:

or a landlord distrains against any of the Customer’s assets.

A Court judgment is entered against the Customer and remains unsatisfied for seven (7)
Any material adverse change in the financial position of the
If the Credit Repossession Act applies to any transaction between the Customer and Metal Mart, the Customer has the rights provided in that Act despite anything contained in these terms and conditions of trade.

10. SECURITY INTEREST FOR SERVICE PROVIDERS

The Customer gives Metal Mart a security interest in all of the Customer’s present and after-acquired property that Metal Mart has performed services on or to or in which goods or materials supplied or financed by Metal Mart have been attached or

11. PAYMENT ALLOCATION

Metal Mart may in its discretion allocate any payment received from the Customer towards any invoice that Metal Mart determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Metal Mart, payment shall be deemed to be allocated in such manner as preserves the maximum value of Metal Mart’ purchase money security interest in the Goods and

12. GENERAL LIEN

The Customer agrees that Metal Mart may exercise a general lien against any Goods and Services or property belonging to the Customer that is in the possession of Metal Mart for all sums outstanding under this contract and any other contract to which the Customer and Metal Mart are
If the lien is not satisfied within seven (7) days of the due date Metal Mart may, having given notice of the lien at its option either:

13. LIABILITY

The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Metal Mart which cannot by law (or which can only to a limited extent by law) be excluded or In respect of any such implied warranties, conditions or terms imposed on Metal Mart, Metal Mart’ liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
Except as otherwise provided by clause 1 Metal Mart shall not be liable for:

14. WARRANTY

No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the Goods and Services except where goods are supplied or services provided pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this
Metal Mart does not provide any warranty that the Goods and Services are fit and suitable for the purpose for which they are required by the Customer and shall not be liable if they are

15. CONSUMER GUARANTEES ACT

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Metal Mart for the purposes of a business in terms of section 2 and 43 of that

16. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Metal Mart agreeing to supply Goods and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Metal Mart the payment of any and all monies now or hereafter owed by the Customer to Metal Mart and indemnify Metal Mart against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due

17. CANCELLATION

Metal Mart shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of Goods and Services to the Customer if the Customer fails to pay any money owing after the due date or the Customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act
Any cancellation or suspension of this agreement shall not affect Metal Mart’ claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to Metal Mart under this

18. MISCELLANEOUS

Metal Mart shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its
Failure by Metal Mart to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Metal Mart has under this
If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or
The client shall not assign all or any of its rights or obligations under this contract without the written consent of Metal Mart.
Unless Metal Mart elects otherwise, any dispute between the parties is to be dealt with in accordance with the Arbitration Act

Terms And Conditions Of Trade

1. DEFINITIONS

“Metal Mart” shall mean Metal Mart Limited, or any agents or employees

“Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Metal Mart.

“Goods” shall mean:

“Price” shall mean the cost of the Goods and Services as agreed between Metal Mart and the Customer and includes all disbursements eg charges Metal Mart pay to others on the Customer's behalf subject to clause 4 of this

2. ACCEPTANCE

Any instructions received by Metal Mart from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained

3. COLLECTION AND USE OF INFORMATION

The Customer authorises Metal Mart to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods and Services provided by Metal Mart to any other

The Customer authorises Metal Mart to disclose any information obtained to any person for the purposes set out in clause 1.

Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act

4. PRICE

Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Metal Mart at the time of the

The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Metal Mart between the date of the contract and delivery of the Goods and

5. PAYMENT

Payment for Goods shall be made:

of the invoice (“the due date”); otherwise

In full on receipt of delivery of Goods or completion of work (“the due date”).

Interest may be charged on any amount owing after the due date at the rate of 5% per month or part month.

Any expenses, disbursements and legal costs incurred by Metal Mart in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency

Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in

A deposit of between 10% and 50% may be

6. QUOTATION

Where a quotation is given by Metal Mart for Goods and Services:

Where Goods and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods and

7. RISK

The Goods and Services remain at Metal Mart’ risk until delivery to the

Delivery of Goods and Services shall be deemed complete when Metal Mart gives possession of the Goods and Services directly to the Customer or possession of the Goods and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.

The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Metal Mart making time of the

Where Metal Mart delivers Goods and Services to the Customer by instalments and Metal Mart fails to deliver or supply one or more instalments the Customer shall not have the right to cancel the contract but shall have the right to claim compensation as a severable

8. AGENCY

The Customer authorises Metal Mart to contract either as principal or agent for the provision of Goods and Services that are the matter of this

Where Metal Mart enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that

9. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

Where Goods and Services are retained by Metal Mart pursuant to clause 9.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the

The following shall constitute defaults by the Customer:

or a landlord distrains against any of the Customer’s assets.

A Court judgment is entered against the Customer and remains unsatisfied for seven (7)

Any material adverse change in the financial position of the

If the Credit Repossession Act applies to any transaction between the Customer and Metal Mart, the Customer has the rights provided in that Act despite anything contained in these terms and conditions of trade.

10. SECURITY INTEREST FOR SERVICE PROVIDERS

The Customer gives Metal Mart a security interest in all of the Customer’s present and after-acquired property that Metal Mart has performed services on or to or in which goods or materials supplied or financed by Metal Mart have been attached or

11. PAYMENT ALLOCATION

12. GENERAL LIEN

The Customer agrees that Metal Mart may exercise a general lien against any Goods and Services or property belonging to the Customer that is in the possession of Metal Mart for all sums outstanding under this contract and any other contract to which the Customer and Metal Mart are

If the lien is not satisfied within seven (7) days of the due date Metal Mart may, having given notice of the lien at its option either:

13. LIABILITY

Except as otherwise provided by clause 1 Metal Mart shall not be liable for:

14. WARRANTY

No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the Goods and Services except where goods are supplied or services provided pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this

Metal Mart does not provide any warranty that the Goods and Services are fit and suitable for the purpose for which they are required by the Customer and shall not be liable if they are

15. CONSUMER GUARANTEES ACT

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Metal Mart for the purposes of a business in terms of section 2 and 43 of that

16. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

17. CANCELLATION

Any cancellation or suspension of this agreement shall not affect Metal Mart’ claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to Metal Mart under this

18. MISCELLANEOUS

Metal Mart shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its

Failure by Metal Mart to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Metal Mart has under this

If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or

The client shall not assign all or any of its rights or obligations under this contract without the written consent of Metal Mart.

Unless Metal Mart elects otherwise, any dispute between the parties is to be dealt with in accordance with the Arbitration Act