The Lawn Mower Man
Terms and Conditions
Terms and Conditions
These terms and conditions of trade apply to all our Sale of ServiceContracts. Any order placed withThe Lawn Mower ManBusiness AssociatesLimited (“Our”, “Us”, “We”, or "The Lawn Mower Man") by you (“You” or“ Customer”) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with The Lawn Mower Man (including an order) are hereby objected to and will not bind The Lawn Mower Man unless The Lawn Mower Man agrees in writing. No sales person, representative or agent is authorised by The Lawn Mower Man to give any guarantee, warranty or representationin addition to, or contrary to these terms. In any event, receipt of service by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1. Sales and Purchase
1.1 Your placement of an order with us (“Order”) constitutes an offer by you to purchase services from us on terms. The Order is placed when a signed engagement letter submitted to us.
1.2 The Order is accepted unless we notify that we do not accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on ourwebsite. Delivery of service constitutes notice of our acceptance of the order.
1.3 Unless otherwise agreed in writing with The Lawn Mower Man, you must not purchase subscriptions from us for the purpose of resale.
1.4 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract).The Contract may be amended only by written agreement between us and you.
2. Price and price variation
2.1 Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed in writing, the price of the service will be the current price on the day of order. We may change our prices from time to time with out notice. Prices do not include any delivery fees. We are entitled to charge a delivery fee, which will be calculated by reference to the service purchased and the post code of the address stated in the Order.
2.2 The Lawn Mower Man shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to The Lawn Mower Man of carrying out the whole or any part of the contract arising from any of the following:
(a) delays in delivery of the service as a result of instructions or lack of instructions from the Customer, theCustomer's failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond The Lawn Mower Man's control;
(b) variation in the cost of The Lawn Mower Man acquiring a subscription or Cutomers documents directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes,existing tariff classifications or any variation in currency exchange rates;
(c) variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) any correction of errors or omissions on the part of The Lawn Mower Man or any of its representatives.
3. Payment
3.1The Lawn Mower Man reserves the right to suspend delivery of further service if the terms of payment are not strictly adhered to by the Customer.
3.2 Interest may be charged on overdue accounts at a rate of 2.5%per month.
3.3 Any expenses, costs or disbursements incurred by The Lawn Mower Man in recovering any out standing monies including debt collection agency fees or solicitor's costs shall be paid by the Customer.
3.4 You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
3.5 Unless otherwise agreed, the purchase price shall be paid to The Lawn Mower Man at its address within three days of issue or for those Customers ona monthly invoice by the 20th of the month following the month in which the invoice was dated. Payment will not be accepted by anymeans other than cash, bank transfer or direct debit
3.6 If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided in 3.5. Payment of the disputed portion may be with held provided the matter is brought to The Lawn Mower Man's attention immediately it is discovered and a written notification setting out the particulars of the dispute is sent toThe Lawn Mower Man within seven days of the dispute arising.
3.7 The Customer shall not be liable for any indebtedness arising from the fraudulent use of the account provided that the Customer must on discovering the fraudulent use of the account immediately notify The Lawn Mower Man of such fraudulent use. The burden of proving such use was fraudulent shall lie with the Customer.
4. Delivery
4.1 The Lawn Mower Manshall deliver the service to the address stated on the order or as agreed by The Lawn Mower Man in writing.
4.2 The Lawn Mower Manshall deliver the service by such service provider and such method The Lawn Mower Man consider to be appropriate.
4.3 The Customer agrees to inform The Lawn Mower Manwithin 14 days of the date of invoice if further information is required. After this period, no liability will lie withThe Lawn Mower Man.
4.4The Lawn Mower Man will not be responsible for any part delivery or delay in delivery of the service as a result of events occurring beyond The Lawn Mower Man's control.The Lawn Mower Man shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
5. Privacy Act 1993
5.1 The Customer authorisesThe Lawn Mower Manto collect, retain, and use personal information about theCustomer (including the information collected in this document) for the following purposes only:(a)assessing the Customer's creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with The Lawn Mower Man for the purpose of recovering amounts payable by the Customer and providing credit references.(c) marketing service and services provided byThe Lawn Mower Man to the Customer.
5.2 The Customer, if an individual, has a right of access to information about the Customer held by The Lawn Mower Man. The Customer may request correction of that information and may require that the request bestored with that information. The Lawn Mower Man may charge reasonable costs for providing access to that information.
6. Intellectual Property
6.1 Where The Lawn Mower Man has followed a design or instruction furnished by or given by the Customer, the Customer shall indemnify The Lawn Mower Man against all damages, penalties, costs and expenses of The Lawn Mower Man or in respect of which The Lawn Mower Man may become liable through any work required to be done inaccordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.
6.5 All information prepared by The Lawn Mower Man including, without limitation, customised pricing, proposals, reporting, electronic catalogues, website content, and details of improvements and cost reductions, is the property of the Customer provided all accounts are paid up to date. The Lawn Mower Man will not be liable for any alterations made by you.
8. Risk
8.1 Risk in the service shall pass to you at the time when our obligations under the contract are deemedunder clause 4 to be completed.
10. Customer's Liability & Default
10.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
(b) suffer execution under any judgment; or(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
The Lawn Mower Man (in addition to any other remedies hereby or by statute conferred) may treat the contract
as terminated and any part of the purchase price then unpaid, together with any other monies owing here under, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right The Lawn Mower Man other wise possess.
11. Variations to Terms and Conditions of Trade
11.1 The Lawn Mower Man may from time to time and in its sole discretion amend, add to or delete any of the
terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT The Lawn Mower Man shall not make any variation to the nature or extent of the Security Interest granted by the Customer in clause 9.1 without the written agreement of the Customer.
12. Governing Law
12.1 These terms of trade are governed by the laws of New Zealand.
12.2 The Lawn Mower Man and the Customer shall submit to the non-exclusive jurisdiction of the courts of New
Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.