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8.3        Any products the subject of a claim under 8.2 cannot be destroyed or removed from the premises until we have inspected the same or waived our right to do so in writing.

b.           for claims not relating to faulty/defective products such as short or incorrect supply, you notifying us within seventy-two (72) hours of pick up/delivery;

15.7      If a dispute arises between the parties either party must notify the other in writing within seven (7) days of the dispute arising. The parties will endeavour to resolve the dispute by negotiation within seven (7) days of receiving notice. If the parties cannot resolve the dispute then each party will have the right to refer the dispute for mediation or arbitration at any time. The arbitration will be undertaken in accordance with the Arbitration Act 1996. The presence of a dispute will not affect either party’s claim for any amount due, damages for any breach of obligations under this agreement and any other legal rights either party may have.

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

15.9      We will notify you of any changes to these terms and publish the same on our website - continued provision of products and services will be subject to your signed or written acceptance of the same. All other variations must be mutually agreed in writing.

9.1        We will use our best endeavours to deliver the products and services at the time agreed between you and us; however, the time of delivery is not an essential term of this agreement and if you fail to accept delivery then the products will be deemed to be delivered at the agreed time. We may partially deliver products listed in one order and if we fail to deliver an instalment that failure will not give rise to a right of cancellation.

9.2        Delivery is complete when we give the products to you, give the products to a third party carrier, or leave the products at the delivery site or your premises.

12.2      If we have reasonably relied on your original instructions then you will be responsible for payment of the original price of the products and services. Any price provided in a quote will be voided by variation to the products and services.

-             information, plans and drawings on which we base our products and/or services are accurate and complete. We are not liable for variations and additions to our products and services where such is the result of inaccuracy or incompleteness and you will be responsible for the cost of additional products and services required to remedy any issues.

2.3        We will comply with the Privacy Act 1993. We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. You may access your information and ask us to correct any mistakes.

15.3      Neither party may assign or transfer their rights or obligations under this agreement to any other party without our prior written consent.

6.4        You will be responsible for payment for our products and services if a third party that you expect to pay you or us fails to pay.

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We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

15.2      A failure by either party to enforce any of the terms of this agreement will not be deemed to be a waiver of any of the rights or obligations under this agreement.

If paying by credit card, we may require a retention equal to the value of the products and services and deduct the same from your credit card. Each credit card payment will incur a surcharge of 3.0% of the value of the payment.

9.3        We are responsible and assume risk for the products until delivery in accordance with 9.2, pick up by you or the passing of ownership under 11.1, whichever comes first. For the avoidance of doubt, all products are at your risk while on your premises or premises under your control.

4.1        The price is the cost of the products and services as agreed between you and us from time to time subject to GST and out of pocket expenses. If no price is stated, the price will be the standard amount at which we provide the products and services at the time of your order. The price is subject to reasonable change due to variations to the products and services to be provided or circumstances beyond our control.

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that are identifiable in any document or electronic record issued by either party (all of which are deemed to be incorporated into and form part of this agreement) or as ours by marking or manner of storage.

11.3      You agree that your failure to pay for the products and services by the due date may give rise to a legal or equitable estate or interest in your land on which the products and services were carried out and affixed and that the interest entitles us to register a caveat against your land.

13.1      Subject to 13.2-13.5, either party may cancel this agreement at any time by giving twenty-one (21) days’ prior written notice.

1.1        This agreement sets out the terms that apply to the relationship between you and your agent(s) and/or principal(s) (“you” and “your”) and GFC Limited trading as GFC Fasteners & Construction Products including its agents, branches, administrators and assigns and our agent(s) (“we”, “us” and “our”).

7.5        Subject to applicable insurance and 7.1-7.4, if we are deemed liable for loss or damage of any kind, however arising including from provision of products and services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract tort or otherwise, our total liability is limited to the value of products and services provided to you in connection with the liability.

a.           construction materials including nails, screws, building paper, polythene, units, fixtures, fittings and accessories (whether separate, attached to something or the subject of our services) supplied by us;

14.2      Any personal liability of you as director or trustee under clause 14.1 will not exclude the company or trust from the liabilities and obligations contained in this agreement. You will be a principal debtor and not a mere surety. You will not be released from liability under this clause by the granting of time or indulgence, any amendment to these terms or any other security interest, or any matter whatsoever.

13.2      We have the right by seven (7) days written notice to suspend or cancel wholly or in part this or any agreement for the provision of products and services and/or close your credit account if you default by:

5.2        You will be responsible for increased costs resulting from any subsequent changes to a quote due to any inadequate or inaccurate information, request/requirement for additional products and services, variations or delays caused by you or any other party beyond our control.

13.4      You agree that if you default and the default is not remedied within seven (7) days, we may enter any premises occupied by you to inspect or repossess any products. You will provide reasonable access to such premises and do all things necessary to give effect to our rights and obligations. We may re-sell any products and credit the net sale proceeds to your account for the invoice value less adjustment for the condition of the products.

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15.1      We may outsource (contract out) part of the work required to perform our services and you agree to pay for all amounts due in connection with the same.

11.4      Where applicable, we own all existing and new intellectual property rights connected to the products and services. You fully indemnify us for any intellectual property infringements we may make when acting in accordance with your instructions and you may use the products only if paid in full and for the purpose for which they were intended and supplied by us.

b.           will not register a financing charge or statement or charge demand in respect of products without our prior written consent;

7.2        If you are in trade and/or are a business, you agree that the parties contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 and Contract and Commercial Law Act 2017 to the extent permissible by law.

c.           waive your entitlement under s 148 of the Personal Property Securities Act 1999 (PPSA) to receive a copy of a verification statement where we have registered our interest;

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

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f.            give us seven (7) days prior written notice of any proposed change in your name or details such as contact information.

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15.4      If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.

7.4        We are not liable for delay or failure to perform our obligations if the cause is beyond our reasonable control such as supplier or importation delays.

15.5      This agreement supersedes all prior agreements, representations and warranties. Any instructions we receive from you and all arrangements between the parties are subject to these terms.

a.           for claims relating to faulty/defective products and services, you notifying us within the applicable warranty period;

11.2      You agree that we hold a security interest in all of your present and after acquired property connected with all products and services provided to you, and:

6.2        You agree to us allocating or reallocating any payment received from you towards any invoice. If no allocation is made then it is deemed to be in such a way that preserves the maximum value of our purchase money security interest in the products.

c.           the products having been used in accordance with the manufacturer’s/our instructions and not having been subject to abuse, neglect, lack of maintenance, misuse, accident or modification or work by an unauthorised third party;

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a.           for credit account holders - on or before the 20th day of the month following the date of our invoice, unless agreed otherwise;

14.3      The terms, rights and obligations under 14.1 and 14.2 will continue to apply notwithstanding changes to these terms in accordance with 15.9 and/or prior dealings

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2.1        You agree to provide us with and allow us to use all information necessary to give effect to this agreement and the provision of our products and performance of our services.

d.           expenses incurred as a result of enforcing any of our rights contained in this agreement including PPSR registration, debt collection and legal fees; and

14.1      If you are a director of a company or the trustee of a trust in exchange for us agreeing to supply services and/or grant credit to the company or the trust, you also sign this agreement in your personal capacity (jointly and severally) and unconditionally and irrevocably personally undertake as principal debtors to pay everything that the company or trust owes us and to indemnify us against non-payment and/or default.

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13.5      Cancellation under 13.1 or cancellation or suspension under 13.2 will not affect either party’s claim for any amount due at the time of cancellation or suspension, damages for any breach of obligations under this agreement and any other legal rights either party may have. Upon cancellation of this agreement any amount owed by you for products and services provided up to and including the date of cancellation will become immediately payable and current orders and services will terminate.

5.1        All quotes will be exclusive of GST and remain valid for thirty (30) days from the date of the quote, unless agreed or stated otherwise.

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We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.

a.           authorise us to register a financing statement and charge on the Personal Property Securities Register, and provide all information and signatures necessary to effect the same;

15.6      Neither party will be liable for any act, omission or failure by that party under this agreement if that act, omission or failure results directly from an event or circumstances beyond the reasonable control of that party, provided that whenever that party becomes aware that such a result has occurred or is likely to occur, that party will notify the other party in writing. Should such an event occur, each party will continue to use its best endeavours to perform its obligations as required under this agreement and take all reasonable steps to abate the event.

11.1      We retain ownership of and hold a security interest in all products until you have paid us in full for all products and services provided to you. While we retain ownership, you will store all products in such a way that our interests are protected and they can be identified as provided by us.

This privacy policy sets out how we uses and protects any information that you give us when you use this website. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

1.2        This agreement will bind you and your principal(s) and agent(s). In entering into this agreement as an agent (e.g. builder) you declare that you are authorised to: