Terms & Conditions

Unless otherwise agreed in writing by Fuel Installations Auckland Limited (FIAL), all quotes given by FIAL and supply of goods by FIAL are governed by these terms and conditions to the exclusion of all other terms and conditions or representations
These terms and conditions will not be deemed to be modified, cancelled or waived in whole or in part except by written amendment of FIAL.

In these terms and conditions FIAL means Fuel Installations Auckland Limited; “Customer” means any company, person or other body which orders or requests, either itself or through an agent, the supply of Goods from FIAL or makes an application for credit from FIAL in relation to any such supply, “Goods” means all materials and or services supplied by FIAL to the Customer; “GST” means goods and services tax. Pursuant to the Goods and Services Tax Act 1985, “PPSA” means the Personal Property Securities Act 1999 and “Signatory” means any person signing an order or credit application for or on behalf of the Customer.

Prices and Price lists, with the exception of FIAL written quotations are subject to variation by FIAL without notice prior to the confirmation of any order. Quotes may be withdrawn or modified by FIAL, at any time prior to receipt of written acceptance. Quotes are otherwise valid to the date stated on the quotation or for 30 days, and will lapse if not accepted in writing by the Customer within that time. All quotes must be kept confidential between the Customer and FIAL. Unless otherwise agreed by FIAL in writing, the price payable for the Goods is the price specified in the invoice for the particular delivery of Goods.

Unless otherwise agreed in writing by FIAL, all Goods must be paid for prior to despatch.

Applications for credit must be completed by the Customer, processed and approved by FIAL prior to despatch and the following terms shall apply:

1. Payments will be made in full without deduction no later than the 20th day of the month following invoice

2. If there is a query with an invoice, the Customer’s representative must contact FIAL and resolve the issue before the invoice is due for payment

3. Should the Customer default in payment of any monies due to FIAL or in the performance of any other obligation which it owes to FIAL or any associated company or should any insolvency event occur in respect of the Customer or any Guarantor then:

   1. All monies due by the Customer to FIAL shall immediately become due and payable

   2. FIAL may charge the Customer interest at FIAL then current bank overdraft rate plus 2% on all overdue amounts, from the date payment was due until payment is received in full.

   3. FIAL may suspend further deliveries of Goods to the Customer until the Customer has paid all monies due by the Customer to FIAL and

   4. FIAL may revoke all credit provided to the Customer and require that all further deliveries be on a cash on or before delivery basis.

4. Any expenses, costs or disbursements incurred by FIAL in recovering any outstanding monies including debt collection agency fees or legal fees, shall be recoverable from the Customer.

5. FIAL is entitled to request security from the Customer and shall be entitled to withhold the supply of Goods or credit until such security has been obtained.

The Customer authorises FIAL to apply (without prior notice or demand) any credit balance of the Customer on any account with FIAL or any money owed by FIAL towards satisfaction of any payment due and payable by the customer to FIAL.

All Goods supplied by FIAL shall remain the property of FIAL until payment in full by the Customer of all amounts owing is received by FIAL. Until property of the Goods passes to the Customer, the Customer shall hold the Goods as a bailee and shall be liable to FIAL accordingly. If the Customer breaches any of these terms and conditions FIAL shall have the right (without giving notice) to retake possession of the Goods and the Customer authorises FIAL or its representatives, servants, agents or employees to enter any premises upon which the Goods are stored for the purpose of retaking possession of the Goods and FIAL and or any third party in relation to the entry, removal or repossession of the Goods pursuant to this clause and the Customer will indemnify FIAL against any claims, actions or costs that may arise as a result.

The Customer must do all such things and execute or arrange for execution of all such documents as FIAL may require to ensure that FIAL has a perfected first ranking security interest(s) in the Goods and any wooden pallets/dunnage supplied by FIAL. Without limitation to the above paragraph of this clause the Customer grants to FIAL a security interest in all of its present and after acquired personal property as security for all obligations from time to time of the Customer to FIAL. The Customer waives its right to receive a copy of any verification statements(s) under the PPSA and agree that as between FIAL and the Customer, the Customer will have no rights under (or by reference to) sections 114(1)(a), 116, 117(1)(c), 199, 120(2), 121, 125, 129, 131, 132, 133 and 134 of the PPSA. Immediately upon request by FIAL the Customer must (at the Customer’s cost) procure from any person considered by FIAL to be relevant to its security position such agreements and waivers as FIAL may at any time require to the intent that FIAL will have a first-ranking security interest(s) under the PPSA in the Goods and any wooden pallets/dunnage supplied by FIAL until all sums owing by the Customer to FIAL have been paid.

GST and any duty or other tax, or impost on or relating to the Goods, is payable by the Customer to FIAL upon demand, in addition to the price of the Goods.

FIAL shall not be liable in respect of any claim for defective Goods unless such claim is notified to FIAL in writing within 7 days of delivery of the Goods. The liability of FIAL for defective goods shall be limited to an amount not exceeding the purchase price of the defective goods. FIAL will not otherwise be liable for any loss or damage (including direct or consequential loss, or loss of profits) incurred by the Customer or any third party as a consequence of the Goods being defective. FIAL will not in any circumstances be liable for any loss or damage caused by wilful or accidental damage, negligent or improper use, maintenance or storage or any other circumstances whether or not beyond FIAL’s control.

The Customer does not have a right to return the Goods. However FIAL may, in its sole and absolute discretion, permit the Customer to return Goods for credit on the understanding expressed or otherwise that a handling fee up to15% of the purchase price for the Goods plus any freight charges as determined by FIAL plus GST may be deducted from the value of the credit. No Goods will be accepted back unless they are returned to FIAL in first class and resalable condition, accompanied by adequate proof or purchase.

FIAL will use reasonable endeavours to deliver Goods ordered within a reasonable time. Delivery dates are estimates only and FIAL shall not be liable for any damage or loss arising out of delay in delivery. All risks in respect of the Goods will pass to the Customer on delivery to a carrier or to the Customer or nominee as the case may be. If FIAL is requested to store Goods, or if FIAL is requested to store Goods because of the fault of the Customer after the Goods are ready for despatch, the Customer shall pay all charges of and incidental to such storage. Such storage will be at the Customer’s risk, and will not entitle the Customer to postpone payment of any sums due to FIAL. A receipted consignment note, bill of loading, weigh bill or despatch advice shall be conclusive proof of delivery unless otherwise stated, delivery costs will be paid by the Customer. Transit insurance to the Customer’s account can be arranged by FIAL if requested by the Customer. FIAL shall not be liable to the Customer or any third party for short delivery or loss in transit of the Goods. Any deliveries necessitating delivery outside the hours of 7.30am – 4.00pm on weekdays must be by special arrangement. Where the Goods are delivered by FIAL direct to the Customer or nominee, the Customer shall provide at its expense, safe hard road surface suitable for use by usual road transport to deliver materials to the site specified by the Customer or to an area alongside such site, with sufficient clear hard space at all times for unloading and stacking and unless otherwise specified, shall supply all necessary cranes, forklifts and other unloading facilities.

Orders of Goods may be verbal or written. FIAL will not be liable to any error in the Customer’s order and the Customer will be responsible for errors arising out of verbal orders not confirmed in writing. Cancellation of orders for Goods placed with and accepted by FIAL may be made only with the written consent of FIAL. FIAL will not be liable for any loss or damage suffered by the Customer or any third party as a result of cancellation of an order.

All drawings, designs, specifications and technical data and other information which FIAL supplies in connection with a quotation or order are confidential. All such information remains FIAL’s property, and must not be disclosed to any third person without our written permission and shall be returned immediately upon FIAL’s request.

If Goods are designed to the Customer’s specifications the Customer warrants that none of its designs or specifications infringes any copyright, patent or other intellectual property right. If the Customer’s deigns or specifications infringe, or are alleged to infringe any patens, registered design, copyright or other intellectual property rights, the Customer will indemnify FIAL for any liabilities incurred by FIAL as a result of the customer’s breach of this clause.

If the Customer supplies FIAL with its own materials for use in completing the Goods, the Customer undertakes that such materials will be in all respects suitable for the operation for which they are supplied Te Customer will at its own expense replace materials which in FIAL’s opinion are unsatisfactory and will pay FIAL for the cost of work already carried out on such materials and for the cost of any damage incurred by FIAL as a result of such materials being unsatisfactory. Such materials remain the property of the Customer while in FIAL’s possession. The risk of loss of or damage to such materials will at all times be borne by the Customer.

FIAL will not be liable to the Customer if delivery of the Goods is prevented or delayed, by reasons of any circumstances beyond FIAL’s reasonable control.

Unless expressly stated all services undertaken by FIAL are done so under NZS3910:2013.

The Customer agrees that where it is buying the Goods for the purpose of a business the Consumer Guarantees Act 1993 does not apply. The implied conditions under the Sale of Goods Act 1908 do not apply to the supply of Goods by FIAL to the Customer.