- INTRODUCTION
These terms and conditions apply to the contract between Spectrum and you as our customer. Reference to “Items” means reference to the items or products which you have supplied to us for the purpose of testing and reporting to you on these Items.
- TESTING AND ASSESSMENT
- When you supply the Items to us, you agree to identify in writing the scope of the testing and reporting by us and we reserve the right to reject the Items for the purpose of testing and assessment unless we have a clear understanding of the expectations you require from Spectrum.
- If we accept the Items for assessment, we will initially provide you with a written quotation setting out the costs of the testing and assessment and setting out the steps involved in undertaking the testing and assessment of such Items.
- We will provide you with a quotation which will be exclusive of GST and these Terms and Conditions shall apply to the quotation and therefore form part of the quotation.
- Spectrum agrees to undertake the testing and assessment of the Items in accordance with the Terms set out in the quotation and agrees to exercise reasonable skill and care in undertaking the testing and assessment of the Items.
- TITLE TO THE ITEMS
- You acknowledge that you have a clear and unencumbered title to the Items at the time of delivery of same to Spectrum and you acknowledge that you have an absolute right to authorise the testing and assessment. You unreservedly indemnify Spectrum against any claim, damages, loss, cost or harm that may be suffered as a consequence of Spectrum carrying out the work where you were not so entitled or authorised to ask us to undertake such work.
- PARAMETERS OF THE TESTING AND ASSESSMENT OF THE ITEMS
- Delivery of the Items to us – you agree to supply to us at or prior to the time of delivery of the Items a written definition of the Items to be tested and the timeframe in which you wish Spectrum to undertake the testing and assessment of the Items.
- Provision of Report by Spectrum – Spectrum agrees to provide a written report on the testing and assessment of the Items within the agreed timeframe and reserves the right to seek further information from you if any queries arise relating to the testing and assessment of the Items which you agree to provide to Spectrum within the timeframe requested by Spectrum for such further information.
- If you do not supply such further information within the timeframe referred to, in clause 4.2 above, then Spectrum reserves the right to invoice you for the work undertaken to the point where the query arises and you agree to pay the invoice to Spectrum by the due date noted on the invoice.
- If no queries arise and Spectrum undertakes the testing and assessment of the Items in accordance with the quotation, then you agree to pay the invoice to Spectrum by the due date noted on the invoice.
- Spectrum reserves the right to exercise a lien over the Items which it holds on your behalf until such time as it has been paid for its work undertaken in accordance with the invoice issued to you. Upon payment, Spectrum undertakes to release the Items to you.
- LIABILITY OF SPECTRUM
- Whilst Spectrum agrees to undertake the testing and assessment of the Items in accordance with clause 2.4 above, you acknowledge that Spectrum does not accept any liability for any loss or inconvenience to you for delay or failure to return the Items to you in circumstances beyond the control of Spectrum or when you have been notified of such delay.
- Failure to pay – if payment is not made by you within the timeframe referred to above then Spectrum shall be entitled to charge interest at 2% above the current overdraft rate charged by Spectrum’s bank at the due date for the period from the date of invoice until payment is received and interest shall incur on a daily basis.
- Where you are a company or a person or trade the Consumer Guarantee Act 1993 will not apply. Spectrum will not be liable for any indirect or consequential loss to you arising from third party claims occasions by errors.
- QUOTATION
- All quotations are based on printed, typed written, electronic or other good copy acceptable to Spectrum and such quotations will lapse if not accepted in writing by you within 30 days from delivery of the quotation to you.
- HOLDING OF ITEMS TO YOUR INSTRUCTIONS
- Spectrum will take reasonable skill and care of your Items and return the Items to you in good condition. If you agree to the storage of the Items, unless it is agreed in writing Spectrum will not responsible for insurance cover, unless otherwise agreed in writing, Spectrum may dispose of the items held on your behalf by Spectrum for two months following the date of the invoice to you for work undertaken on your behalf.
- DELIVERY
- Unless otherwise agreed, delivery of the Items to Spectrum at its factory door is the responsibility of you.
- TERMINATION OF CONTRACT
- Where a contract is cancelled by you, all work properly done by Spectrum will be paid for by you. Any cancellation must be forwarded to Spectrum in writing
- GENERAL / PERSONAL PROPERTY SECURITIES ACT 1990 (‘PPSA”)
- Spectrum has in respect of all unpaid debts a general lien on all the Items delivered to Spectrum or in the possession of Spectrum. You acknowledge and agree that by assenting to these terms and conditions you grant a security interest to Spectrum in respect to all Items supplied to us until such time as you have paid in full all invoices forwarded to you in respect of such reports supplied to you.
- INSPECTION BY YOU OF REPORTS DELIVERED TO YOU
- You are expected to check and approve all reports supplied by Spectrum to you before disclosing such reports to any third party.
- CREDIT REPORTING AGENCIES
- You expressly authorise and consent to Spectrum obtaining from credit reporting agencies or such other sources as deemed appropriate by Spectrum, a credit rating report or reference to permit the granting of credit to you pursuant to these terms and conditions. You also expressly authorise and consent to Spectrum collecting and retaining copies of all information supplied to Spectrum and retaining copies of all materials supplied to you.
- DISPUTE RESOLUTION
- In the first instance any dispute between you and Spectrum must be discussed between us to attempt to settle the dispute. Where you and Spectrum can not reach a settlement between us, either party may initiate mediation by giving written to the other. The mediator should be agreed upon by both parties but if both parties can not agree on mediator within seven days after the mediation has been initiated, then the mediator shall appointed by the chair person of the New Zealand Chapter of Lawyers in involved in alternative dispute resolutions.
- WAIVER OR VARIATION
- Waiver or Variation of these terms and conditions by Spectrum will only be affective if given in writing by an authorised person. If Spectrum waives any of these terms and conditions the wavier shall not affect the rights of Spectrum under these terms and conditions at any future time.
- GOVERNING LAW
- These terms and conditions will be interrupted in accordance with and governed by laws of New Zealand and the New Zealand Courts will have exclusive jurisdiction (subject to clause 13) in respect to all matters between us.