Standard Terms:
- You agree to pay the total amount shown on the Invoice issued by the due date
specified as 20 working days from the date indicated on the Invoice. You may not
deduct or offset any amount from the amount shown on the Invoice issued.
- Payment is required within a maximum of 20 working days from the Invoice date
unless otherwise agreed by both parties in writing.
- If you fail to pay your Invoice on or before the due date you maybe required
to pay a dishonour fee of $50NZD and default interest on the total outstanding
balance will be incurred on a daily basis from the due date until it, and the
interest and/or dishonour fee, is paid in full. Default interest will be equal
to the total of the 90 day bank bill rate quoted by my bank at the relevant time plus 6%.
- Any costs incurred in collecting money owing to me by you, including bank fees,
credit agency fees, travel costs, communication costs, legal and court costs and
default interest or penalty fees are payable by you.
- Payment will be accepted by way of cash, direct debt, direct credit or bank
transfer. Cheques will not be accepted unless there is a previous credit history
of payments completed prior to the due date in all cases of no less than 50% of
the current invoice for a period determined by me.
- All code, documentation, written material or any intellectual property produced
in accordance with the work completed for the Invoice remains the property of
Andrew McMurtrie until full payment of the outstanding amount. Such property is
subject to copyright and may not be used, copied, distributed, edited or duplicated
in any media without my permission. If the terms of this agreement are not met
I reserves the right to withdraw permission of use and required that all copies
in any media form by any party be returned to me or proof of destruction be
provided. Further use after this point will be deemed illegal and breach of
New Zealand and International Copyright Law.
- Any modifications, alterations, additions or changes to the supplied product
or service or media are not covered under the Invoice price and will incur
additional charges unless otherwise agreed.
- I am not liable to you or anyone else for any breach of this Agreement or for
any other loss or damage you suffer except as outlined:
- I do accept liability to you for physical damage to your property or goods,
which is caused by my failure to take reasonable care, where the amount and nature
of the damage was reasonably foreseeable.
- My maximum liability in relation to any event, or series of related events,
of this type is $5,000.
- You agree that I may choose to replace any damaged property or goods, up to
the same maximum amount, instead of paying cash.
- I will not be liable to you where the loss or damage you suffer arises from
an event or cause beyond my control. An event or cause beyond my control includes
but is not limited to, acts of God, war, earthquake, fire, lightning, storm or
other similar event or failure in the system or application or network associated
with the prescribed work or as a result of actions or failure of any person or
company apart from myself or other factors which I do not have control over.
- So that the position is clear, I am not liable in any circumstances for
consequential losses, indirect losses, loss of profits, economic loss or any similar
claims and if I am found to be liable to you, despite the arrangements in this
section, my liability will never exceed $5,000 in respect of any event or series
of related events.
- I take no liability for the actions, services, performance or liability of
any third party involved in the prescribe work or service. Under such conditions
you accept responsibility to resolve any issue, conflict, process or settlement
with such party directly without my involvement.
- I accept no liability for the impact on functionality, performance, efficiency,
usability, implementation or integration as a result of modifications, upgrades,
changes or inherent functionality of the system, application or network that the
prescribed work was intended for without prior notification of all details before
commencement of the specified work. All additional work required to achieve the
desired functionality or performance of the prescribed work under such conditions
will not be covered by the invoice, quote or estimate provided at any time unless
otherwise stated in writing and will incur additional charges.
- If the prescribed work cannot achieve the required results, functionality or
service under these conditions due to factors outside of my control you agree to
pay in the Invoice amount in full for work completed as is.
- I am not required to carry out any of my responsibilities under this Agreement
in circumstances where an event has occurred which is beyond my control and which
prevents me from carrying out such responsibility. I will continue to perform my
responsibilities and the responsibility referred to above as soon as it is reasonably
practicable for me to do so.
- If you acquire goods or services from me for personal, domestic or household
use or consumption, any rights you have under the Consumer Guarantees Act 1993
are not affected by this agreement. However if you acquire goods or services from
me for the purposes of a business the Consumer Guarantees Act 1993 does not apply.
- The benefits of this Agreement extend to my employees and agents for the purposes
of the Contracts (Privity) Act 1982.
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