Terms and Conditions of Sale
These are the terms and conditions under which goods ordered from Monarch Advanced Air Systems "Monarch" will be supplied.
1. Pricing and Payment
a. Unless the price shown on the written quotation is stated to be "fixed pricw", prices charged will be those ruling at the date of dispatch notwithstanding the prices shown on the written quotation. Prices may be altered without notice at Monarch's sole discretion due to such factors as changes in government taxes, exchange rates, imported content, labour rates, or cost of materials.
b. Any changes in price resulting from these factors will be considered as being accepted by the Purchaser as 'resonable" for the purposes of the Consumer Guarantees Act 1993 or Sale of Goods Act 1908, as applicable.
c. Payment is as follows 40% Deposit upon acceptance of the written quotation then monthly progress payments on the 20th of each month following any work done and/or materials supplied. All payments are to be in accordance with the Construction Contracts Act 2002
d. The quotation is deemed accepted once it is signed by Monarch and the purchaser. The deposit is non refundable. The balance is due upon completion of the installation. Monarch reserves the right to charge penalty intrest of 5% above the Reserve Banks's offcial cash rate on overdue accounts.
a. Monarch will not be responsible for any failure to deliver or delay in delivery caused by any event reasonably beyond the control of Monarch.
b. Monarch will use all reasonable endeavours to complete installation at the time specified in the written quotation, or otherwise advised, but if for any reason installation is delayed, Monarch will not be responsable for any loss or damage sustained by the Purchaser or any third party by reason of such delay.
3. Passing of Risk
The risk in goods supplied by Monarch to the purchaser will pass to the Purchaser on the dispatch of all equipment from Monarch's premises, but the ownership in them will not pass to the Purchaser until the Purchaser has paid in full the price invoiced by Monarch.
4. Supply and Repair
Monarch reserves the right to discontinue any product at any time and to cancel any contract relating to the same. No undertaking is given by Monarch as to the availability or repair services or spare parts for any period of time following delivery.
Monarch strives to supply and install high quality products and warrants them accordingly. At its sole discretion, Monarch will either repair or replace any products which fail because of demonstrable defects in materials or workmanship.
a. Subject to its obligations under the Consumer Guarantees Act 1993, Monarch will not be liable for any loss or damage of any kind, including consequential loss or damage suffered by the Purchaser, its employees or its agents arising out of or in connection with work done or goods supplied by Monarch.
b.Regardless of anything else contained in these terms and conditions the liability of Monarch in respect of all claims for loss or damage arising form any of Monarchs obligations in connection with work done or goods supplied will not in aggregate exceed the price which the Purchaser has paid to Monarch. Such limitation of liability includes loss resulting from any cancellation of the contract or from any negligence, misrepresentation or other act or omission on the part of Monarch, its employees or contractors.
Disputes Any disputse concerning these terms and conditions that cannot be resolved by negotation in good faith between the parties shall be determined by mediatation or, failing that by arbitration.