DSH Systems Ltd – Warranty
The Company warrants to you that the goods will be free from defects in workmanship and materials for twelve months from the date of delivery of the goods. If there is any such defect during the warranty period then at the Company’s sole discretion we may either
(a) repair or replace the defective goods at our option; or
(b) refund the payment made by you.
Provided that We are not liable for any sum greater than the payment made by You to the Company in any circumstances.
1. Disclaimer of Product Warranty
Subject to the Goods Warranty, to the fullest extent permitted by law, the Goods are supplied without warranties of any kind, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
2. Disclaimer of Installation
The Goods produced by the DSH Systems Ltd Systems Limited (“the Company”) require proper installation and maintenance by qualified engineers in order for the Goods to perform their function effectively and safely.
The Company recommends that specific independent advice be obtained by a qualified engineer before the goods are installed.
In addition, under no circumstances shall the Company, any of the Company’s merchants, agents, suppliers or licensors be liable for any direct, indirect, punitive, incidental or special or consequential damages, directly or indirectly resulting from or in relation to the Goods and/or their installation and/or their use. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability of any other basis. To the extent that any applicable law does not allow the exclusion or limitation of any direct, indirect, punitive, incidental, special and/or consequential damages, The Company’s total liability in such circumstances shall not exceed the purchase price paid by the Purchaser for the Goods.
International Patents Pending and Granted.
All I.P. rights protected and insured through a major London insurance company.
DSH Systems Ltd – Terms of Trade
1. The following definitions shall apply to these terms and conditions of trade:
(a) The Company means DSH Systems Ltd and “We” and “Our” have a corresponding meaning:
(b) “You”means you, the party contracting with The Company, whereby We have agreed to sell certain Goods to You in consideration of the Payment specified and “Your” has a corresponding meaning;
(c) “Payment” means the agreed sums (Purchase Price and any costs and interest) to be paid by You to The Company in accordance with the terms of our invoice and agreement;
(d) “Agent” means any agent(s) and/or subcontractor(s) engaged by The Company.
(e) “Goods” means the items listed in Schedule 1 or any invoice issued by The Company in response to Your order.
2. National Terms
2.1 These terms of trade, in this paragraph 2, shall only apply to sales of Goods for delivery and installation within New Zealand.
2.2 You agree to buy the Goods in Schedule 1 or our invoice from The Company.
2.3 Delivery shall occur at our factory gate (ex works);
2.4 Payment shall be made in full without deduction upon receipt of an invoice from the Company on the 20th of the month following delivery;
2.5 All sales will be in New Zealand Dollars.
2.6 Property in the Goods shall only pass from The Company to You upon complete payment;
2.7 The Goods remain at our risk until delivery to You and thereafter are at your risk whether or not property has passed to You;
2.8 In default of full payment on due date, You will pay The Company interest at 2% per month from that date until payment;
2.9 In default to payment on due date, at our election, You authorise The Company to enter any of your premises where We believe the Goods are situated and We take possession of the Goods and sell them to recover payment, recovery costs, interest and legal expenses incurred on a Solicitor and client basis. You will remain liable for any balance due to The Company after sale of the Goods together with accruing interest. We shall not be liable to You for any damage to your premises occasioned by recovery of possession.
2.10 We do not undertake as to the quality of the Goods or their fitness for any particular purpose as the Goods are sold to You under their patent or trade name;
2.11 The Company warrants to you that the Goods will be free from defects in workmanship and materials for twelve months from the date of delivery of the Goods. If there is any such defect during the warranty period then at the Company’s sole discretion We may either;
(a) Repair or replace the defective Goods at our option; or
(b) (Refund the payment made by You;
(c) Provided that We are not liable for any sum greater than the payment made by You to the Company in any circumstances.
2.12 Where we agree to send the Goods to You at your expense, then delivery of the Goods to a carrier (ex works) is delivery by The Company to You for Clause 2.3. Unless You direct otherwise, We shall make a contract with the carrier for delivery to You at “limited carriers risk” within the meaning of that term in the Carriage of Goods Act 1979. You shall insure the Goods during the carriage
2.13 Where these terms are at variance with an order for the Goods or other documentation, then these terms shall prevail.
2.14 The Laws of New Zealand, including the Sale of Goods Act 1908 and the Carriage of Goods Act 1979 (where relevant) shall apply except to the extent expressly negatived by these terms 2.15. You warrant to The Company that the Goods purchased are acquired for business purposes.
3 International Terms
3.1 Theseterms of trade shall apply to sales for delivery outside the North and South Islands of New Zealand and any other delivery to which the National terms do not apply by Clause 2.1;
3.2 You agree to buy the Goods in Schedule One or in our attached invoice from The Company;.
3.3 Unless We agree otherwise in writing with You, the sales of Goods shall be C.I.F;
3.4 Unless otherwise agreed in writing, payment small be made by You in US Dollars before the Goods leave the factory gate (ex works).
3.5 Risk in the Goods shall pass to You at the time the Goods are loaded on board the ship at the port of origin specified in the invoice from The Company.
3.6 In the event of carriage by air, risk in the Goods shall pass to you on delivery. Delivery shall be effected upon arrival of the Goods at the airport of origin specified in the invoice from The Company.
3.7 Property in the Goods shall pass to you upon payment to the Company not withstanding delivery;
3.8 Ín default of payment in full on due date, you will pay The Company interest at 2% per month on the entire invoice cost for the Goods until payment in full.
3.9 We do not undertake as to the quality of the Goods or their fitness for any particular purpose as the Goods are sold to You under their patent or trade name.
3.10 The Company warrants to you that the Goods will be free from defects in workmanship and materials for twelve months from the date of delivery of the Goods. If there is any such defect during the warranty period then at the Company’s sole discretion We may either:-
(a) Repair or replace the defective Goods at our option; or
(b) Refund the payment made by You; Provided that We are not liable for any sum greater than the payment made by You to the company in any circumstances.
3.11 In the event that:
(a) We retain possession or control of the Goods; and
(b) Payment is due to the Company; and
(c) We have made demand in writing of You for payment in terms of this agreement; and
(d) We have not received the payment,
then, We may dispose of the Goods by direct sale to our best advantage or by public auction and may claim from You any loss to The Company on such disposal.
3.12 Where the Goods are shipped and by the bill of lading the Goods are deliverable to Our order or Our agent’s order, We reserve the right of disposal until payment is received by The Company.
Where We have not received or been tendered the whole of the payment, or where a bill of exchange or other negotiable instrument or the like has been dishonoured, We shall have:
(a) a lien on the Goods;
(b) the right to retain them until payment while We are in possession of them;
(c) a right of stopping the Goods in transit whether or not delivery has been made or property has passed; and
(d) a right of resale,,
(e) the foregoing right of disposal, in paragraph 3.10
provided that Our lien shall continue despite the commencement of proceedings or judgment for payment having been obtained.
3.14 In the event of Your insolvency or the non-payment by due date, We may exercise the right of stoppage in transit either by retaking actual possession of the Goods or by giving notice of claim to the carrier or other bailee who has possession of the Goods for delivery. This protection shall apply whether the carrier or bailee is your agent or not. Such notice may be given either to the person in actual possession of the Goods or to the principal of the person in possession.
3.15 Upon notice of stoppage in transit being given by The Company to the carrier or other bailee in possession of the Goods or to You, then the carrier, bailee or You shall redeliver the Goods to or according to the directions of The Company at the expense of The Company but such expense shall be recoverable by The Company from You.
3.16 Our right of lien or retention or stoppage in transit is not affected by any sale or other disposition or charge of the Goods which You may have made, unless it is made with Our consent.
3.17 Subject to this agreement, Your obligation of payment is not discharged by the mere exercise of Our right of lien or retention or stoppage in transit or sale of the Goods.
3.18 The law of New Zealand (including the Sale of Goods Act 1908 and its amendments) shall apply to this agreement except to the extent expressly negatived or varied by this agreement.