phone

JL COLONY LTD


 

Terms and Conditions

1

DEFINITIONS

1.1

1.2

1.3


1.4

“J L Connolly” shall mean J L Connolly Limited, or any agents or employees thereof.

“Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods
from J L Connolly.

“Goods” shall mean all goods, chattels, or services, provided by J L Connolly to the customer, and shall include without limitation the provision of all interior and exterior painting services, all spray finishing, all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods by J L Connolly to the customer.

“Price” shall mean the cost of the goods as agreed between J L Connolly and the customer subject to clause 4 of this contract.

2

ACCEPTANCE

2.1

Any instructions received by J L Connolly from the customer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.

3

COLLECTION AND USE OF INFORMATION

3.1


3.2


3.3

The customer authorises J L Connolly to collect, retain and use any information about the customer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods and services provided by J L Connolly to any other party.

The customer authorises J L Connolly to disclose any information obtained to any person for the purposes set out in clause 3.1.

Where the customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

4

PRICE

4.1


4.2

Where no price is stated in writing or agreed to orally the goods shall be deemed to be sold at the current amount as such goods are sold by
J L Connolly at the time of the contract.

The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of
J L Connolly between the date of the contract and delivery of the goods.

5

PAYMENT

5.1


5.2

5.3


5.4

Payment for goods shall be made in full on or before the 20th day of the month following the date of the invoice, or on receipt of delivery of goods, whichever is the earlier (“the due date”).

Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.

Any expenses, disbursements and legal costs incurred by J L Connolly in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.

Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.

6

QUOTATION

6.1

6.1.1

6.1.2

6.2

Where a quotation is given by J L Connolly for goods:

The quotation shall be valid for one month from the date of issue; and

The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.

Where goods are required in addition to the quotation the customer agrees to pay for the additional cost of such goods.

7

RISK

7.1


7.2

The time agreed for delivery shall not be an essential term of this contract unless the customer gives written notice to J L Connolly  making time of the essence.

Where J L Connolly delivers goods to the customer by installments and J L Connolly fails to deliver one or more installments the customer shall not have the right to repudiate the contract but shall have the right to claim compensation as a severable breach.

8

AGENCY

8.1

The customer authorises J L Connolly to contract either as principal or agent for the provision of goods that are the matter of this contract. Where J L Connolly enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract.

9

RETURN OF GOODS

9.1

The customer shall be deemed to have accepted the goods unless the customer notifies J L Connolly otherwise within 48 hours of delivery of the goods to the customer.

10

LIABILITY

10.1

10.1.1



10.1.2


10.1.3

Except as otherwise provided by statute J L Connolly shall not be liable for:

Loss or damage of any kind whatsoever whether suffered or incurred by the customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by J L Connolly to the customer and without limiting the generality of the foregoing of this clause J L Connolly shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and

Except as provided in this contract J L Connolly shall not be liable in contract, or in tort, or otherwise for any loss, damage, or injury beyond the value of the goods provided by J L Connolly to the customer; and

The customer shall indemnify J L Connolly against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of J L Connolly or otherwise, brought by any person in connection with any matter, act, omission, or error by J L Connolly its agents or employees in connection with the goods.

11

CONSUMER GUARANTEES ACT

 

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods or services from J L Connolly for the purposes of a business in terms of section 2 and 43 of that Act.

12

WARRANTY

12.1



12.2

No representation, condition, warranty or premise expressed or implied by law or otherwise applies to goods except where goods are supplied pursuant to the Consumer Guarantees Act 1993 or except where expressly a warranty is provided to the customer in writing at the time of making of this contract.  However no warranty shall exceed that given by the manufacturer to the customer at the time of purchase.

J L Connolly does not provide any warranty that the goods are fit and suitable for the purpose for which they are required by the customer and shall not be liable if they are not.

13

CANCELLATION

13.1



13.2

J L Connolly shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods to the customer if the customer fails to pay any money owing after the due date or the customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.

Any cancellation or suspension under clause 13.1 of this agreement shall not affect J L Connolly’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the customer’s obligations to J L Connolly under this contract.

14.

MISCELLANEOUS

14.1

14.2

14.3


14.4

14.5

14.6





14.7

The customer shall not assign all or any of its rights or obligations under this contract without the written consent of J L Connolly.

J L Connolly shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

Failure by J L Connolly to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations J L Connolly has under this contract.

The law of New Zealand shall apply to this contract except to the extent expressly negatived or varied by this contract.

Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.

If the customer is a company or trust, the director(s) or trustee(s) signing this contract jointly and severally guarantee to J L Connolly the payment of the balance of the customer's credit facility from time to time, and the payment of any and all other monies now or hereafter owed by the customer to J L Connolly.  Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract.  The guarantors and customer shall be jointly and severally liable under the terms and conditions of this contract.

If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

J L ConnolLy Ltd Painting Contractors - Hamilton

Welcome to J L Connolly Ltd - Painting Contractors

Since 1950 J L Connolly Ltd have been servicing Hamilton and the greater Waikato in all aspects of the painting and decorating industry.

We have painted and maintained numerous Domestic, Commercial, Industrial and Educational properties throughout the Waikato... Read more

 

 

tabs 01

tabs 02