Mac Brothers

1. SCOPE OF THE AGREEMENT

1.1 Subject to the terms and conditions of this Agreement:

1.1.1 Mac Brothers undertakes to carry out the agreed works; and

1.1.2 the Customer undertakes to accept and pay for the agreed works.

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2. CUSTOMER’S RESPONSIBILITIES

2.1 The Customer warrants that:

(a) the Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorised by the owner of the Site to carry out the agreed works on the Site; and

(b) Mac Brothers shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the Site will be cleared of all debris prior to commencement of the agreed works.

2.2 The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of this agreement, this shall be by agreement with Mac Brothers, and the Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by Mac Brothers.

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3. CONTRACT SUM AND PAYMENT

3.1 The Customer shall pay to Mac Brothers the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.

3.2 The Customer shall pay Mac Brothers the amounts due under clause 3.1 within 7 days of receiving an invoice from Mac Brothers.

3.3 Where any monies owing under this agreement are not paid by the due date, the Customer shall pay interest equal to 1.5 times the interest rate payable by Mac Brothers for its overdraft facilities at the time of the default. This interest shall be paid from the date on which the amount became due to the date of payment together with all debt collection costs incurred by Mac Brothers.

3.4 All materials supplied by Mac Brothers, including materials incorporated into the agreed works, shall remain the property of Mac Brothers until payment has been made in full. Mac Brothers shall be entitled to unrestricted access to the Site to dismantle and remove all agreed works and materials if payment is not made in accordance with this agreement.

3.5 If the Site is sold or is in any way disposed of, prior to all payments being made to Mac Brothers, the Customer shall hold the proceeds of such sale or disposition in trust for Mac Brothers to the extent that any monies remain owing under this agreement.

3.6 All sums a payable without deduction, setoff, counterclaim or cross demand of any kind.

3.7 The customer is personally liable for any outstanding payments, including the amounts due under clause 3.1 and clause 3.3.

 

4. VARIATIONS

4.1 The Customer may request modifications or amendments to the agreed works at any time during the term of this agreement and Mac Brothers shall use its best endeavors to comply with all such requests, provided that the parties shall immediately negotiate in good faith to determine whether any such modifications or amendments are practicable and (where applicable) agree upon an amended price. Mac Brothers shall not be required to commence work on any such amended works until the amended price is agreed.

4.2 Where any such modifications or amendments to the agreed works are agreed between the parties in accordance with clause 4.1, they shall be recorded in writing and signed by both parties, whereupon they shall be deemed to be incorporated into this agreement.

4.3 Where the parties do not reach agreement in accordance with clause 4.1, within 5 days of a request for an amendment, this agreement shall remain unchanged and shall continue to be binding on both parties.

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5. LIABILITY

5.1 Mac Brothers shall exercise reasonable skill, care and diligence in the discharge of its obligations under this agreement but in respect of any loss or damage, which in any way arises out of or is connected with the performance or non performance by or on behalf of Mac Brothers of such obligations, the liability of Mac Brothers and its employees or agents (whether in contract or in tort) shall be limited to the direct losses caused by Mac Brothers to the Customer and arising out of Mac Brothers negligence, to the exclusion of all other liability.

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6. DEFAULT AND TERMINATION

6.1 Either party may terminate this agreement forthwith, or in the case of Mac Brothers suspend the carrying out of the agreed works until further notice, in the event that a liquidator, trustee and bankruptcy, receiver or receiver and manager is appointed in respect of the assets of the other party.

6.2 Mac Brothers may either terminate this agreement forthwith, or forthwith suspend the carrying out of the agreed works until further notice, in the event that the Customer fails to make any payment due to Mac Brothers under this agreement by the due date.

6.3 In the event that this agreement shall have been terminated, or the carrying out of the agreed works has been suspended pursuant to clause 6, the Customer shall reimburse Mac Brothers all direct costs and expenses incurred as a consequence of such termination or suspension.

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7. FORCE MAJEURE

7.1 No failure or omission by either party to carry out or observe any of the terms and conditions of this agreement shall, except in relation to obligations to make payment hereunder, give rise to any claim against the party in question or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond the control of that party.

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8. CONSTRUCTION CONTRACTS ACT

8.1 This contract is subject to the Construction Contracts Act 2002. Disputes shall be settled in accordance with the provisions of that Act.

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+ Please refer to www.stihlshop.co.nz/warranty-and-service-advantage for Stihl Robotic Lawn Mower warranty terms and conditions on every Stihl unit purchased.

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9. PRODUCT WARRANTY TERMS & CONDITIONS

9.1 Subject to the conditions of warranty set out in clause 9.2 the Supplier warrants that if any defect in any Goods manufactured or workmanship provided by the Supplier becomes apparent and is reported to the Supplier within twelve (12) months of the date of Delivery (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion) replace or remedy the defect.

9.2 The conditions applicable to the warranty given by clause 9.1 are:

(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

1. failure on the part of the Customer to properly maintain any Goods or serviced item; or

2. failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or

3. any use of any Goods or serviced item otherwise than for any application specified on a quote or order form; or

4. the continued use of any Goods or serviced item after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

5. fair wear and tear, any accident or act of God.

(b) the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the defect is repaired, altered, or overhauled without the Supplier’s consent.

(c) in respect of all claims the Supplier shall not be liable to compensate the Customer for any delay in either replacing or remedying the defective Goods or Services or in properly assessing the Customer’s claim.

9.3 For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation, or warranty other than that which is given by the manufacturer of the Goods.

9.4 We happily accept returns or exchanges within 14 days of purchase. Unless your item is faulty, does not meet acceptable quality, or does not meet its description, your item must be returned unused and in the same condition that you received it. It must also be in the original packaging and you must present proof of purchase.