Terms and Conditions of Trade
It is being agreed by you as a client of
Franklin Motors to abide by all the terms
and conditions stated in this document
and you acknowledge that you have read
and understand the terms and conditions.
SS Lall & Sons Ltd T/A Franklin Motors
(hereinafter referred to as FM) and you as
the Client refers to the person or company
purchasing goods or enlisting the services
Conditions of Sale of Goods
All sales of Goods and Services are made
subject to the following conditions and by
purchasing from FM, the client accepts
All new goods are covered with a return to base parts and labour warranty for a peri-
od of 12 months from the date of invoice
on Hardware only. Consumable goods are
not covered by any warranty.
Although every care is taken to ensure
that all second hand goods supplied by
FM are of merchantable quality, no war-
ranty is expressed or implied unless oth-
erwise stated. Warranty will be void if goods or labels have been found tampered with. Warranty does not cover any dam-age to other equipment used in conjunc-tion with these goods.
Charges and Payment
All prices quoted in the Standard Ser-
vice Charges List are GST inclusive and
are in New Zealand dollars unless other-
wise specified. Prices are based on a per
unit rate as shown, however we would be
pleased to offer a fixed price quote on larg-
er projects if this is preferred. We reserve
the right to adjust prices without notice.
FM may require payment in advance for
the supply of any procured goods or sub
contract labour If an on account payment
is offered, payment of the account is due
within the agreed terms; otherwise the re-
mainder of the account is due immediate-
ly following the issuing of an invoice.
Scope of Services
FM is Clients primary point of contact for
all systems on your vehicle. If FM is un-
able to remedy a problem, then FM will
work with the appropriate outside vendor
to endeavour to get a quote and resolu-
tion. Client understands that additional
expenses may be incurred when an out-
side vendor is brought in to solve a particular-
ular problem and agrees to reimburse FM
for any such expenses.
A deposit of 50% is payable for any work
to be undertaken that is estimated to be
worth in excess of $2,000. The deposit is
required prior to work commencing.
Payment for new clients is due in full upon delivery and/ or completion of work until such time that an account is setup. Pay-ment of accounts is due on or before the 20th day of the month following the date of the invoice. Interest at 3 % per month on the current balance may be charged on overdue accounts and shall accrue on a daily basis starting from the due date.
FM reserves the right to reposes and/
or hold any vehicle until the account is
brought up-to-date. Storage fees will also
be applicable at $20 per day or part there
of. In the event of default by the client
in paying for the services and/or goods
provided, the amount outstanding will
be passed on to a debt collection agency
for recovery. The client indemnifies FM
against all costs (including legal costs),
losses and expenses incurred by FM in re-
covering any unpaid monies.
Delivery of Goods
Any charges for handling (including
packing materials) and freight charges are
extra, and payable by the client. The most
cost effective delivery method will be cho-
sen or the fastest FM is not responsible for damage to the goods in transit. Claims for losses or damage to goods in transit must be made directly to the transport agency concerned.
Cancellation of On-Sites
The client is required to notify FM of
any cancellation a minimum of 24 hours
ahead of the scheduled start time. Failure
to provide such notice results in the mini-
mum callout fee being charged.
Peak Demand Periods
FM will make its best efforts to respond to
Client’s needs within the negotiated time
frame. Client understands that there may
be occasional times of peak demand when FM is forced to have to make extreme-ly difficult decisions and triage Client’s needs according to the severity of business impact.
Loss of Service
Client recognizes that FM makes every
attempt to select the most reliable Goods,
and that FM will make best efforts to keep
Client’s vehicle up and running efficiently
and cost-effectively, within the limits of
the client’s budget.
Property and Risk
Despite the client having possession of
any Goods, ownership is retained by FM
until the client pays in full all money owed
to FM. Risk in any goods supplied shall
pass to the client at the point of delivery.
Any claims for errors or unsatisfactory
work must be made within 7 days of issue
of an invoice.
FM is only under an obligation to deliv-
er goods and services in accordance with
their general description, whether or not
a special description may have been given
or implied by law.
The client acknowledges and agrees that
FM has not given any representation or
warranty as to the quality, state or condi-
tion of goods supplied, or that the goods
are fit for any particular purpose.
All conditions, warranties and terms
whether implied, statutory or otherwise
are excluded to the fullest extent permit-
ted by law.
FM shall not be liable for any statement,
representation or warranty made by any
employee, agent or contractor relating to
the goods, workmanship and/or advice
supplied by FM or for any negligence or
wilful default by the manufacturer or sup-
plier of the goods or services provided to
Notwithstanding any other provision in
these terms of trade, where the goods
are consumer goods and are supplied for
business purposes the Consumer Guar-
antees Act 1993 shall not apply. Any dis-
claimer above does not apply where it is
contrary to any law which cannot be con-
tracted out of.
All parts are subject to availability. All
prices exclude GST, freight and may
change without prior notice. All our goods
and services come with a one year return
to base warranty unless otherwise stated.
Any dispute shall, at the option of FM be
referred to mediation or arbitration. The
Arbitration Act 1996 (or any replacement
of that act) shall govern arbitration.
If any parts of these terms of trade shall be held to be illegal, unenforceable or inval-id, the remaining parts shall continue in full force and effect. The laws of New Zea-land shall govern these terms of trade and FM and the client hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. The
client hereby waives any right they may
have to claim that the above submission
to jurisdiction is an inconvenient forum.
FM does not authorise any client to use
FM’s or the manufacturer trademarks,
names or associated materials. To use
these trademarks, names and associated
materials, prior written approval must be
given by FM or the relevant manufacturer.