Terms and Conditions

TCC Boats a division of Tory Channel Contracting Ltd Terms of Conditions of Trade

December 4, 2018 | By TCC Boats
1. Definitions
  • Seller shall mean Tory Channel Contracting Ltd, its division TCC Boats and its successors and assigns.
  • Buyer shall mean the buyer or any person acting on behalf of and with the authority of the buyer
  • Goods shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereafter defined
  • Services shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra
  • Price means the cost of the goods as agreed between the Seller and the Buyer subject to clause 3 of this contract.
2. Goods / Services
  • The Goods / Services shall be as described as on the slipping form, invoices quotation, work authorisation sales order or any other work commencement forms provided by the Seller or the Buyer.
  • Where verbal authorisation has been given for goods or services there is no liability on the Seller for any ambiguity.
3. Price and Payment
  • At the Sellers sole discretion (a) The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of the Goods supplied or (b) The Price of the Goods shall be the Sellers quoted Price which shall be binding upon the Seller provided the Buyer shall accept in writing the Seller the Sellers quotation within thirty (30) days of issue.
  • Time for payment for the Goods / Services shall be of the essence and will be stated on the invoice or other quotation forms. If no time is stated then payment will be on delivery of the Goods / Services.
  • Payment will be made by cash or by a cheque or by bank cheque or any other method of agreement between the Buyers and Seller.
  • The Price shall be increased by the amount of GST.
  • Where quotation has been accepted by the Buyer this will be null and voided upon any changes or variation to the originally requested or ordered goods / services. This variation encompasses but is not limited to increases or decreases to design, cosmetic requirements, any material or product alterations, to the goods / services.
  • Where a quote is required this must be communicated before the goods / services are booked, received, requested or slipped.
  • Current pricing information can be found on the Sellers website. www.tccboats.com
4. Risk
  • If the Seller retains property in the Goods nonetheless all the Risk for the Goods passes to the Buyer on delivery.
  • If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer. The Seller is entitled to receive all insurance proceeds payable in respect of the Goods. The Seller will apply the insurance proceeds as follows. i. first in payment of the Price of the Goods that are damaged or destroyed, if unpaid. ii. second in payment of the outstanding Price of any other Goods supplied to the Buyer by the Seller whether under the terms and conditions or otherwise.
  • Should the Buyer request third parties to work within the Sellers work premises and slipway, the Buyer must ensure the third party holds public liability insurance of not less than $2 million. Paper copy must be supplied and current. Failure to provide this will pass any liability arising for the third party to the Buyer and the third party, joint and severally.
  • All design services or plans are considered a third party and the Seller is not liable for any design negliance or failures.
5. Consumer Guarantees Act 1993
  • The agreement is subject in all cases except where the Buyer is contracting within the terms of a trade/business (which cases are specifically excluded). To the provisions of the Customer Guarantees Act 1993
6. Default
  • Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at arate of 4.5% per calendar month and shall accrue at such a rate after as well as before any judgement. This rate is calculated daily and charged to the outstanding balance on the last day of the calendar month.
  • If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all of EC Credit Control Ltd’s costs of collection.
  • In the event that: (a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or (b) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then The Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.
7. Title
  • It is the intention of the Seller and agreed by the Buyer that property in the Goods shall not pass until: (a) The Buyer has paid all amounts owing for the particular Goods, and (b) The Buyer has met all other obligations due by the Buyer to the Seller in repect of all contracts between the Seller and the Buyer, and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until the Seller shall have received payment and all other obligations of the buyer are met.
  • It is further agreed that if the Buyer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods without being responsible for any damage thereby caused.
8. Personal Property Security Act 1999
  • Upon assenting to these terms and conditions the Buyer ledges and agrees that:(a) These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securites Act 1999 (“PPSA); and(b) A security interest is taken in all Goods that will be supplied in the future by the Seller to the Buyer during the continuance of the parties relationship;
  • The Buyer undertakes to (a) sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the Seller may reasonably require to register a financing change statement on the Personal Property Security Register; (b) not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the Seller; (c) give the Seller not less than 14 days prior written notice of any proposed change in the Buyers’s details (including but not limited to, changes in the Buyers address, facsimile number, online contacts, or business practice); and (d) Immediately advice the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
  • Unless otherwise agreed to in writing by the Seller, the Buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA
9. Cancellation
  • The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
10. Privacy Act
  • The Buyer and the Guarantor/s (if separate to the Buyer) authorises the seller to collect, retain and use any information about the Buyer, for the purpose of assessing the Buyers creditworthiness or marketing any Goods and Services provided by the Seller to any other party.
  • The buyer authorises the Seller to disclose any information obtained to any person for the purposes set out in clause 10.1
  • Where the Buyer is a natural person the authorities under (clause 10.1 & 10.2) are authorities or consents for the purposes of the Privacy Act 1993.
  • The Buyer accepts photographic images of their vessel may appear on the Sellers website. The Buyer may request at anytime for this to be removed by emailing tcc@tccboats.com.
11. General
  • If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence legality and enforceable the validity existence legality and enforceability of the remaining provisions shall not be affected prejudiced or impaired.
  • All Goods supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for the changes in the law which affect the Goods supplied.
  • The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of a breach by the Seller of these terms and conditions.
  • The Seller reserves the right to review these terms and conditions at any time and from time to time. If following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the Buyer in writing of such change.
12. Slipway specific clauses
  • See clause 4.3. All third parties requested by the Buyer must have current Public Liability insurance.
  • Where no Slipping Form is signed and held by the Seller, the Buyer acknowledges and accepts the terms and conditions of slipping that is viewable on the Seller’s website. www.tccboats.com Under the tab “Slipping Form and Information. It is the Buyers responsibility to be familiar with these terms and conditions prior to vessels being removed from the water.
  • Variations in the default clauses on the slipping form and these terms and conditions can be used at the Sellers discretion but this form will take precedence.
You may download a copy of these conditions for your reference by clicking here
Slipping Form

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