1. Clients Instructions
Arena Systems Ltd will endeavour to carry out all instructions from the Client. Arena Systems Ltd reserves the right to cease to act where the Client cannot or will not provide clear and full instructions. Arena Systems Ltd will take reasonable steps to keep the Client informed of the steps taken to carry out the Client’s instructions. By instructing Arena Systems Ltd the Client accepts liability to pay the account that Arena Systems Ltd will render for work done together with all disbursements incurred in respect of such instructions. Arena Systems Ltd reserves the right to charge for expenses incurred, including, but not limited to, the cost of toll calls, mobile phone calls, stationery, copying and printing.
2. Privacy Act 1993
The Client understands that Arena Systems Ltd is asking for personal information to use Veda Advantage’s credit reporting services to complete credit checks. The Client understands that:
• Veda Advantage will provide information for that purpose
• Arena Systems Ltd will give personal information to Veda Advantage, and that Veda Advantage will hold that information on their systems and use it to provide their credit reporting services.
• When other Veda Advantage customers use the Veda Advantage credit reporting service, Veda Advantage may give the information to those customers
• If a default occurs in payment obligations to Arena Systems Ltd, information about that default may be given to Veda Advantage, and Veda Advantage may give information about my default to other Veda Advantage customers.
3. Reservation of Title Clause (Romalpa)
It is agreed by the Client that title in the Goods shall not pass until the Client has paid all amounts owing for the Goods and met all other obligations due by the Client to Arena Systems Limited; and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until Arena Systems Limited shall have received payment and all other obligations of the Client are met.
4. Personal Property Securities Act 1999 (“PPSA”)
The Client acknowledges and agrees that this document constitutes a security agreement for the purposes of section 36 of the PPSA and a security interest is taken in all Goods supplied by Arena Systems Limited to the Client. The Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.
5. Force Majeure
Neither the client nor Arena Systems Ltd shall be responsible for failure or delay if such failure or delay is due to labour disputes and strikes, fire, riots, war, acts of God or any other cause beyond their control.
Invoices will be produced monthly or on completion of sections of work. Invoices are to be checked within 7 days as no historical credits will be given. Invoices will be STRICTLY DUE ON THE 20TH OF THE MONTH FOLLOWING THE DATE OF THE INVOICE, unless otherwise prearranged with Arena Systems Ltd. Arena Systems Ltd reserves the right to charge interest on overdue amounts at the annual rate of interest that Arena Systems Ltd would normally be charged by the BNZ Bank plus 2.5% per month compounding on any part of the purchase price unpaid after the 20th day of the month following the date of purchase. In any case where Arena Systems Ltd has incurred any expenses, costs, disbursements or other sums reasonably incurred in the recovery of any outstanding amount due to Arena Systems Ltd including debt collection, agency fees and legal costs between solicitors and own client, then in each such case and for every cost or expense the Customer shall upon demand refund the same to Arena Systems Ltd.
7. Notice of Defects
A Notice of Defects will be accepted up to 30 days after installation of any equipment. After this period any costs including labour, freight and alternative replacements will be handed on to the client.
Termination of this agreement shall be without prejudice to other rights and remedies of the parties arising out of any default that occurs before the termination and shall be without prejudice to any claim for moneys payable as at the date of termination or in respect of work done or liabilities incurred before termination. In the event of a default, Arena Systems Ltd may suspend or terminate the contract. Furthermore, Arena Systems Ltd is entitled to recover from the client, all legal and other costs incurred by Arena Systems Ltd arising from the collection of any amount owing.
9. Disclaimers of Liability
Arena Systems Ltd will provide services based on records, information and instructions furnished by the Client. All services are provided at the request and for the purpose of the Client and Arena Systems Ltd does not accept any responsibility on any grounds whatever, including liability in negligence to any other person.
10. Relationship Between Parties
Nothing in this Agreement shall constitute either party as the partner, agent, employee, or officer of the other, and neither party shall make any such representation to any third party.
This document shall be the entire understanding and agreement between the parties with respect to the subject matter set forth herein, and all prior agreements, understandings, covenants, promises, warranties and representations, oral or written, express or implied, are superseded hereby. This document may not be amended, modified, altered, supplemented, or changed in any way except in writing, signed by the parties and attached hereto as an amendment.