Terms of Trade with New Zealand Audio Visual

These Terms of Trade apply to all engagements with NZAV (New Zealand Audio Visual), unless otherwise agreed in writing. By requesting or accepting any goods or services from NZAV, the Customer acknowledges these terms.

Definitions

  • NZAV means New Zealand Audio Visual Limited and includes all its operating entities.

  • Customer means any person or entity purchasing goods or services from NZAV.

  • Goods means any AV equipment, hardware, screens, digital signage systems, or related products supplied by NZAV.

  • Services include, but are not limited to, consultation, design, installation, programming, content management, and maintenance of AV systems.

  • Credit Application means any credit application form submitted by the Customer.

  • Customer Credit Account means any credit facility granted to the Customer by NZAV.

  • Guarantor means any individual or entity providing personal guarantee in a Credit Application.

1. Acceptance of Terms

1.1 By engaging NZAV, the Customer agrees to be bound by these Terms of Trade.

2. Ownership

2.1 Ownership of all Goods remains with NZAV until full payment has been received.

3. Prices

3.1 Prices are exclusive of GST unless otherwise stated.

3.2 NZAV may adjust pricing for material increases in freight, components, or labour costs.

3.3 A 50% deposit may be required before NZAV commences work or confirms orders.

4. Payment

4.1 Payment terms will be as per the invoice or quotation (e.g., 7, 10, or 20 days).

4.2 Late payments may result in service suspension and interest charges.

4.3 Payments must be made in full without deduction or counterclaim.

5. Variations

5.1 All variations to agreed scope must be approved in writing by the Customer.

5.2 Additional costs due to inaccurate or changed specifications will be billed accordingly.

6. Delivery and Risk

6.1 Risk passes to the Customer upon delivery of goods.

6.2 NZAV is not liable for delays in delivery. Claims for damage must be made within 7 days.

7. Bailment

7.1 Any Customer items left with NZAV are at the Customer's risk. Insurance is the Customer’s responsibility.

7.2 NZAV may recover costs by disposing of items left unpaid for or unclaimed.

8. Health & Safety / Site Access

8.1 Customer must provide safe and full site access.

8.2 NZAV reserves the right to stop work if the site is deemed unsafe.

9. Personal Property Securities Act 1999 (PPSA)

9.1 The Customer grants NZAV a security interest in all Goods until paid.

9.2 NZAV may register a general security interest over Customer assets.

10. Default

10.1 Default includes non-payment, insolvency, or breach of terms.

10.2 NZAV may repossess Goods and recover associated costs.

11. Costs

11.1 Customer will be liable for all costs of debt recovery, including legal fees.

12. Credit Limits

12.1 NZAV may set or revise Customer credit limits.

12.2 Any excess credit must be repaid upon demand.

13. Limitation of Liability

13.1 NZAV’s liability is limited to the repair, replacement, or refund of faulty Goods or Services.

13.2 NZAV is not liable for:

  • Force Majeure events

  • Third-party work

  • Misuse, neglect, or DIY alterations

  • Consequential damages

13.3 The Consumer Guarantees Act 1993 is excluded where the Customer is acquiring Goods or Services for business purposes.

14. Penalty Interest

14.1 Interest of 2.5% above the NZ bank overdraft rate may be charged on overdue amounts, calculated daily.

15. Privacy Act

15.1 The Customer authorises NZAV to:

  • Make credit checks

  • Share information with credit agencies

  • Collect and store personal or business data

16. Force Majeure

16.1 NZAV is not liable for delays or failures due to uncontrollable events (e.g., pandemics, strikes, disasters).

17. Disputes

17.1 Parties shall attempt good-faith resolution.

17.2 If unresolved, matters may be referred to mediation or arbitration.

17.3 Obligations must continue during dispute resolution.

18. Construction Contracts Act 2002

18.1 Applies to construction-related engagements.

18.2 Unpaid retention amounts will incur interest of 2.5% above overdraft rates.

19. Miscellaneous

19.1 NZAV may update these Terms at any time by publishing revised versions on its website or notifying the Customer.

19.2 These Terms, along with any written agreement or Credit Application, constitute the entire agreement between NZAV and the Customer.