Terms of Trade - Last Update 30th July 2021

1. Application

Unless otherwise agreed in writing by both parties, these terms of trade will apply to any goods and services supplied by the Supplier and to any financial transactions

between the parties.

2. Quotation

a. Quotations are provided subject to the Supplier’s payment terms. See 9) below.

b. Quotations are provisional only and all measurements and installation costs are subject to confirmation by a complete site measure and

inspection once the order is confirmed. Any variations to the quotation as a result of the full site measure and inspection will be advised to the Customer

prior to commitment of expenditure.

c. Quotations are valid for two months from the date of issuance.

d. Acceptance of the quotation constitutes an offer, acceptance of which constitutes agreement to purchase goods and services on these terms of trade.

e. Notwithstanding the above, the Supplier may also require a written order confirmation before proceeding, to which these terms of trade apply.

3. Delivery

a. Delivery costs are included in any quotation unless specifically noted.

b. Delivery of goods is deemed to have occurred at the time the Customer takes possession at the Supplier’s premises or when delivered to site.

Risk in the goods passes to the Customer at that point.

4. Approvals

The Supplier is not responsible for securing building consents, inspections or any documentation required by third parties for any goods supplied.

5. Warranty

a. The Supplier complies with the Consumer Guarantees Act 1993 and any additional product guarantees provided by suppliers of components to the Supplier or as specified in the quotation.

b. The Supplier warrants that the goods supplied will be to the specification on the quotation or as amended and agreed by the Customer on the Supplier’s order confirmation. The Suppliers liability is limited to supplying goods as specified, and no claims can be made for consequential loss or other costs incurred by the Customer.

c. The Customer accepts that there may be variations, within industry standards, between the goods and the samples and colour indications shown to the Customer.

d. The Supplier is not responsible for damage to or failure to maintain the goods by the Customer or third parties.

e. In business to business transactions the Consumer Guarantees Act 1993 will not apply.

f. The supplier warrants that it will use reasonable care and skill in the performance of any work performed pursuant to the supply.   The customer agrees that any claims made in respect of such workmanship will be lodged with the supplier within three months of the date of such work or will be regarded as invalid. 

6. Safety

a. The Customer undertakes to ensure that the Supplier can deliver the goods safely on the site.

b. If the Supplier directly employs or contracts the installer of the goods, the Supplier reserves the right to refuse to install the goods if a safe site, as determined by the Supplier, is not provided by the Customer.

7. Timing

The Supplier will endeavour to deliver the order on the date specified in the quotation or order confirmation but no penalty in any form will apply, if for any reason whatsoever, a specified date is not met.

8. Cancellation

If the Customer cancels the order after acceptance of the quotation or order confirmation, the Customer will be responsible for an administration fee together with the full cost of the goods or such parts of the goods for which the Supplier has committed to pay.

9. Payment

a. The Supplier will retain full ownership of all goods supplied until such time as the purchase price has been paid for in full.

b. Payment is in cash at time of the acceptance of the quotation or order confirmation unless otherwise arranged in writing.

c. No retentions may be withheld without prior arrangement with (“The Supplier”). No allowance has been provided within the quoted price for any retention monies to be withheld.

d. Materials Offsite Claim. Where materials ordered specifically for a project are held in the Supplier’s Store, for use in the fabrication of product for a period of time and are not processed and delivered to site, a claim will be lodged for the value of such materials at months end. These materials will be clearly identified with the customer’s name and covered with the appropriate insurance and will become the property of the customer when payment has been received.

e. Progress Claims. Where a contract is entered into with the customer and the contract is not completed within the same calendar month a progress claim will be lodged for the work undertaken during that period. Payment of this is to be made in full prior to the glazing being installed. These payment claims are lodged under the Construction Contracts Act 2002.

f. Where scaffolding planks or hoisting is required for Intext Architectural Systems to undertake the necessary work as specified. Such equipment shall be the responsibility of the Purchaser/Client to supply, erect and remove this equipment free of charge to enable the safe and speedy performance of the “Supplier’s” work.

g. The customer will not attempt to withhold payment or any part thereof by way of set off counterclaim or otherwise in respect of warranty claims which the customer has made or intends to make

h. These terms may include but are not limited to the following:

i. Deposit is due upon signing of this agreement.

ii. An agreement to create a security interest under the Personal Property Securities Act.

iii. Personal guarantees being provided by the Directors or Principals of the Customer.

iv. A financing statement being registered by the supplier over the goods.

10. Late Payment

The supplier reserves the right to invoke the Construction Contracts Act 2002 in respect of any supply pursuant to these terms of trade to which the Construction Contracts Act 2002 may apply.

a. If payment is not made on the due date, the customer will be required to pay interest to Intext Architectural Systems Ltd at the rate of 2.5% per calendar month for the full period the amount remains unpaid. The supplier may also charge costs relating to the collection of any overdue accounts.

b. Without prejudice to any of the Supplier’s other remedies, if any amount payable by the Customer to the Supplier is overdue or the Customer becomes insolvent, commits an act of bankruptcy, has a receiver appointed over all or any part of the assets of the Customer, makes or is likely to make an arrangement with it’s creditors, has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management then:

i. i) the Supplier may cancel any outstanding order with the Customer;

ii. ii) any monies payable by the Customer to the Supplier whether due for payment or not shall immediately become due and payable; and

iii. iii) the Supplier reserves the right, and the Customer hereby irrevocably provides consent to the Supplier to enter (whether forcibly or otherwise) by it’s employees or duly authorised agents onto the Customer’s premises, or onto any premises where Goods owned by the Supplier are reasonably thought to be stored and repossess and subsequently resell such Goods.

11. Construction Contracts Act 2002

The supplier reserves the right to invoke the Construction Contracts Act 2002 in respect of any supply pursuant to these terms of trade to which the Construction Contracts Act 2002 may apply.

12. Limitation

The Supplier reserves the right to enforce these terms and conditions despite any delay in doing so.