Terms and Conditions

(Dependent on invoice states.)

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# If NOT Signed: Any Job was done at WorkShop or On-Site
   • THIS WORK WAS DONE, CONTRACTED, AND AGREED TO BASED ON THESE TERMS;

#  7 DAYS FOR PAYMENT:

     OR

#  20th OF THE FOLLOWING MONTH FOR PAYMENT:

     OR

#  END OF THE FOLLOWING MONTH FOR PAYMENT:

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#  Romalpa Clause: All goods and materials used remain the property of Trinicor Eng until paid in full.

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# PENALTY RATES:
From now on any late payments will be charged a PENALTY RATES of:
  • An initial 5% penalty applies on the DAY AFTER the due date.
  • A further 10% penalty charge if there are still unpaid invoices

- Including penalties owed by the 20th of the same month and on the 20th of each following month.
# Outstanding Debtors are referred to as AKLD Debt collections.
- Collected fees will be contributed to the original invoice amount charged.

-  The client shall pay all debt collection costs incurred by Trinicor Engineering for the collection of any of     the client’s unpaid invoices.

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# OUR RIGHTS TO COMPENSATION FROM YOU:

- Where you do not meet your responsibilities to us, you must pay for any reasonable expenses we 

   incur in collecting any money you owe us or in exercising any of our other legal rights.

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1. Definitions

1. Trinicor Engineering Ltd, its successors and assigns or any person acting on behalf of and with the authority of Trinicor Eng.

2. “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

3. “Goods” shall mean all Goods supplied by Trinicor Engineering to the Customer (and where the context so permits shall include any supply of Services as from now on defined) and includes Goods described on any invoices, quotation, work authorisation or any other forms as provided by Trinicor Eng to the Customer.

4. “Services” shall mean all services (including the incidental supply of reports and drawings) supplied by Trinicor Eng to the Customer and includes any advice or recommendations (and where the context so permits shall include any procurement of Goods as defined above).

5. “Price” means the Price payable for the Goods as agreed between Trinicor Eng and the Customer under clause 40 below.

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2. Acceptance

1. The Customer exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2. These terms and conditions can get amended with Trinicor Eng’s consent in writing. They shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Trinicor Eng.

3. Goods are supplied by Trinicor Eng only on the terms and conditions of trade herein to the exclusion of anything to the contrary in terms of the Customer’s order notwithstanding that any such order has been placed on terms that purport to override these terms and conditions of trade.

 

3. Electronic Transactions Act of 2002

    Electronic signatures will be deemed acceptable by either party providing that the parties have complied with Section 22 of the   

    Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

4. Change in Control

    The Customer shall give Trinicor Eng not less than fourteen (14) days prior written notice of any proposed change of ownership of          the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name,              address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Trinicor Eng as        a result of the Customer’s failure to comply with this clause.

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5. Variations

1. Trinicor Eng reserves the right to change the Price in the event of a variation to Trinicor Eng’s quotation. Any difference from the plan of scheduled Services or specifications of the Goods will be charged for based on Trinicor Eng’s quotation and will be shown as variations on the invoice, including, but not limited to, any variation as a result of:

1. Additional Services or alterations being required due to regulations imposed by the appropriate authorities; or

2. Increases to Trinicor Eng in the cost of goods and labour; or

3. For overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges.

       a) Payment for all variations can be settled in full at their time of completion.

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6. Price and Payment

6.1. At Trinicor Eng’s sole discretion, the Price shall be either:

       a)  As indicated on any invoice provided by Trinicor Eng to the Customer;

       b) Trinicor Eng’s quoted price (subject to clause 5) which will be valid for the period stated in the quotation or otherwise for a                       period of thirty (30) days.

6.2. At Trinicor Eng’s sole discretion a non-refundable deposit may be required.

6.3.1. Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by                Trinicor Eng, which may be:

       a) On delivery of the Goods;

       b) Before delivery of the Goods;

       c) By detailed progress payment claims submitted by Trinicor Eng, under Trinicor Eng’s specified payment schedule at intervals                  not less than monthly for work performed up to the end of each month.

6.3.2. Such payment claims may include the reasonable value of authorised variations and the value of any Goods delivered to the site            and installed.

       a) For specific approved Customers, due twenty (20) days following the end of the month in which a statement has been                              forwarded to the Customer’s address or address for notices;

       b) The date specified on any invoice or other form as being the date for payment;

       c) Failing any notice to the contrary, the time which is seven (7) days following the date of any invoice given to the Customer by                  Trinicor Eng.

6.4.  Payment may be made by cash, bank cheque, electronic/on-line banking, or by any other method as agreed to between the  

        Customer and Trinicor Eng.

6.5.  Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Trinicor Eng an                      amount equal to any GST Trinicor Eng must pay for any supply by Trinicor Eng under this or any other agreement for the sale of              the Goods.

       a) The Customer must pay GST, without deduction or set-off any other amounts, at the same time and on the same basis as                        the Customer pay the Price.    

       b) Besides, the Customer must pay any additional taxes and duties that may be applicable in addition to the Price except where                they are expressly included in the Price.

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7. Delivery of Goods

7.1. Delivery (“Delivery”) of the Goods that are taken to occur at the time that:

       a) The Customer or the Customer’s nominated carrier takes possession of the Goods at Trinicor Eng’s address,

       b) Trinicor Eng (or Trinicor Eng’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer              is not present at the address.

7.2. At Trinicor Eng’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.

7.3. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery.

       a) If the Customer is unable to take delivery of the Goods as arranged, then Trinicor Eng shall be entitled to charge a reasonable                 fee for redelivery and/ storage.

7.4. Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for this agreement.

7.5. Any time or date given by Trinicor Eng to the Customer is an estimate only.

       a) The Customer must still accept delivery of the Goods even if late, and Trinicor Eng will not be liable for any loss or damage                     incurred by the Customer as a result of the deliverybeing late.

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8. Risk

8.1. Risk of damage to or loss of the Goods passes to the Customer on Delivery, and the Customer must insure the Goods on or                   before Delivery.

8.2. If any of the Goods are damaged or destroyed following delivery but before ownership passing to the Customer, Trinicor Eng                 is entitled to receive all insurance proceeds payable for the Goods.

       a) The production of these terms and conditions by Trinicor Eng is sufficient evidence of Trinicor Eng’s rights to receive the                           insurance proceeds without the need for any person dealing with Trinicor Eng to make further enquiries.

8.3. Where the Customer has supplied materials for Trinicor Eng to complete the Services, the Customer acknowledges that he                     accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials a) Trinicor Engineering shall not         be responsible for any defects in the materials, any loss or damage to the Goods (or any part thereof), howsoever arising from the         use of materials supplied by the Customer.

8.4. The Customer acknowledges that Trinicor Eng is only responsible for parts that are replaced by Trinicor Eng, and if other                         parts/Goods, subsequently fail,

       a) The Customer agrees to indemnify Trinicor Eng against any loss or damage to the Goods, or caused by the Goods, or any part               thereof howsoever arising.

8.5. Trinicor Eng shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer.

       a) The Customer acknowledges and agrees that if any of this information provided by the Customer is inaccurate,

       b) Trinicor Eng accepts no responsibility for any loss, damages, or c) Costs however resulting from these inaccurate plans,                             specifications or other information.

8.6. Where the Customer is to supply Trinicor Eng with any design specifications (including, but not limited to CAD drawings),                       the Customer shall be responsible for providing accurate data.

       a) Trinicor Eng shall not be liable whatsoever for any errors in the Goods that are caused by incorrect or inaccurate data being                     supplied by the Customer.

8.7. The Customer acknowledges that Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and               may fade or change colour over time.

       a) Trinicor Eng will make every effort to match batches of product supplied to minimise such variations but shall not be liable in                   any way whatsoever where such changes occur.

8.8. The Customer acknowledges that where an anodised surface finish has been selected, slight colour variation may occur                            between the main unit frame and other trims used due to the difference in Aluminium, Steel, Stainless Steel or on any material,              alloys available and manufacturing standards and tolerances shall not deem to be a defect in the Goods.

8.9. The Customer acknowledges and agrees that where Trinicor Eng has performed temporary repairs that:

       a) Trinicor Eng offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; 

 

9. Specifications

9.1. The Customer acknowledges that:

       a) All descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in Trinicor Eng’s or                                 the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of                                           identification only.

           i) The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description                  and does not form part of the contract unless expressly stated as such in writing by Trinicor Eng;

          ii) While Trinicor Eng may have provided information or figures to the Customer regarding the performance of the Goods,

         iii) The Customer acknowledges that Trinicor Eng has given these in good faith and are estimates based on industry prescribed                    ratings.

9.2. The Customer shall be responsible for ensuring that the Goods ordered are suitable for their intended use.

9.3. Trinicor Eng reserves the right to substitute comparable Goods (or components of the Goods), and in all such cases, Trinicor                    Eng will notify the Customer in advance of any such substitution.

9.4. All customary building industry tolerances shall apply to the dimensions and measurements of the Goods unless Trinicor Eng                   and the Customer agree otherwise in writing.

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10. Access

10.1. The Customer shall ensure that Trinicor Eng has clear and free access to the worksite at all times to enable them to undertake

         the works.

         a) Trinicor Eng shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways,                                 driveways and concreted or paved or grassed ar unless due to the negligence of Trinicor Eng.

 

11. Underground Locations

11.1. Before Trinicor Eng commencing any work the Customer must advise Trinicor Eng of the precise location of all underground

         services on the site and clearly mark the same. The underground mains & services the Customer must identify include, but

         are not limited to,

       a) Electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains,                           irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.

11.2. While Trinicor Eng will take all care to avoid damage to any underground services the Customer agrees to indemnify Trinicor                   Eng in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located             and notified as per clause 11.1

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12. Compliance with Laws

12.1. The Customer and Trinicor Eng shall comply with the provisions of all statutes, regulations and bylaws of government, local                     and other public authorities that may apply to the Services.

12.2. The Customer shall obtain (at the expense of the Customer) all licenses, certification and approvals that may be required for                   the Services.

12.3. The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction                   sites and any other relevant safety standards or legislation.

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13. Title

13.1. Trinicor Eng and the Customer agree that ownership of the Goods shall not pass until:

       a) The Customer has paid Trinicor Eng all amounts owing to Trinicor Eng, and b) The Customer has met all of its other obligations               to Trinicor Eng.

13.2. Receipt by Trinicor Eng of any form of payment other than cash shall not be deemed to be payment until that form of                               payment has been honoured, cleared or recognised.

13.3. It is further agreed that:

       a) Until ownership of the Goods passes to the Customer following clause 13.1 that the Customer is only a bailee of the Goods                     and must return the Goods to Trinicor Eng on request.

13.4.1. The Customer holds the benefit of the Customer’s insurance of the Goods on trust for Trinicor Eng and must pay to

            Trinicor Eng the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

13.4.2. The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of                         business and for market value.

13.4.3. If the Customer sells, disposes or parts with possession of the  Goods then the Customer must hold the proceeds of any such                  act on trust for Trinicor Eng and must pay or deliver the proceeds to Trinicor Eng on demand a) The Customer should                              not convert or process the Goods or intermix them with other goods, but if the Customer does so then, the Customer holds                    the resulting product on trust for the benefit of Trinicor Eng and must sell, dispose of or return the resulting product to Trinicor                Eng as it so directs.

       b)  The Customer irrevocably authorises Trinicor Eng to enter any premises where Trinicor Eng believes the Goods are kept and                     recover possession of the Goods.

       c)  Trinicor Eng may recover possession of any Goods in transit whether or not delivery has occurred.

       d)  The Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in                       the Goods while they remain the property of Trinicor Eng.

       e)  Trinicor Eng may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the                            Goods has not passed to the Customer.

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14. Personal Property Securities Act 1999 (“PPSA”)

14.1. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that: These terms and                           conditions constitute a security agreement for the purposes of the PPSA; and

       a) A security interest is taken in all Goods and/or collateral (account)

             - Being a monetary obligation of the Customer to Trinicor Eng for Services

             - That has previously been supplied, and that will be provided in the future by Trinicor Eng the Customer.

14.2. The Customer undertakes to:

       a) Sign any further documents and/or provide any further information (such information to be complete, accurate and up to date                in all respects) which Trinicor Eng may reasonably require to register a financing statement or financing change statement on                  the Personal Property Securities Register.

       b) Indemnify, and upon demand reimburse, Trinicor Eng for all expenses incurred in registering a financing statement                                  or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby.

       c) Not register, or permit to be registered, a financing statement or a financing change statement about the Goods and/or                          collateral (account) in favour of a third party without the prior written consent of Trinicor Eng;

       d) Immediately advise Trinicor Eng of any material change in its business practices of selling the Goods which would result in a                    difference like proceeds derived from such sales.

14.3. Trinicor Eng and the Customer agree that nothing in sections 114

       a) 133 and 134 of the PPSA shall apply to these terms and conditions.

14.4. The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

14.5. Unless otherwise agreed to in writing by Trinicor Engineering, the Customer waives its right to receive a verification statement by           section 148 of the PPSA.

14.6. The Customer shall unconditionally ratify any actions taken by Trinicor Eng under clauses 14.1 to 14.5.

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15. Customer’s Disclaimer

      The Customer as a result of this disclaims any right to rescind, or cancel any contract with Trinicor Eng or to sue for damages or to          claim restitution arising out of any inadvertent misrepresentation made to the Customer by Trinicor Eng and the Customer

      acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.

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16. Defects

      The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence)                             notify Trinicor Eng of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.

       a) The Customer shall afford Trinicor Eng an opportunity to inspect the Goods within a reasonable time following delivery if the                   Customer believes the Goods are defective in any way.

       b) If the Customer fails to comply with these provisions, the Goods shall be presumed to be free from any defect or damage.

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17. Returns

17.1. Returns will only be accepted provided that:

       a) The Customer has complied with the provisions of clause 17.1; and

             i) Trinicor Eng has agreed in writing to accept the return of the Goods; and

            ii) The Goods are returned at the Customer’s cost within ninety (90) days of the delivery date; and

           iii) Trinicor Eng will not be liable for Goods which have not been stored or used correctly; and

           iv) The Goods are returned in the condition in which they were delivered and with all packaging material, brochures and                                instruction material in as new condition as if reasonably possible in the circumstances.

17.2. Trinicor Eng will do not accept the return of non-defective Goods for credit.

17.3. Non-stocklist items or Goods made to the Customer’s specifications are under no circumstances acceptable for credit or return.

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18. Warranty

18.1. Subject to the conditions of warranty set out in clause 19.2 Trinicor Eng warrants that if any defect in any artistry of Trinicor Eng               becomes apparent and is reported to Trinicor Eng within twelve (12) months of the date of delivery (time being of the essence)               then Trinicor Eng will either (at Trinicor Eng’s sole discretion) replace or remedy the artisanship

18.2. The conditions applicable to the warranty given by clause 19.1 are:

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

             i) Failure on the part of the Customer to properly maintain any Goods; or

            ii) Failure on the part of the Customer to follow any instructions or guidelines provided by Trinicor Eng; or

           iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or

           iv) The continued use of any Goods after any defect becomes apparent or would have become visible to a reasonably prudent                    operator or user; or

            v) Fair wear and tear, any accident or act of God.

       b) The warranty shall cease, and Trinicor Eng shall after that in no circumstances be liable under the terms of the warranty if the                    artisanship is repaired, altered or overhauled without Trinicor Eng’s consent.

       c) In respect of all claims, Trinicor Eng shall not be liable to compensate the Customer for any delay in either replacing or                             remedying the artisanship or inaccurately assessing the Customers have claimed.

18.3. For Goods not manufactured by Trinicor Eng, the warranty shall be the current warranty provided by the manufacturer of the                   Goods.

       a) Trinicor Eng will not be bound or be responsible for any terms and conditions in any representation or warranties. warranties                   has been given by the manufacturer of the Goods.

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19. Consumer Guarantees Act of 1993

      If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of                the Consumer Guarantees Act 1993 do not apply to the supply of Goods byTrinicor Eng to the Customer.

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20. Intellectual Property

20.1. Where Trinicor Eng has designed, drawn or developed Goods for the Customer, then the copyright in any designs and                             drawings and documents shall remain the property of warranties.

20.2. The Customer warrants that all designs, specifications or instructions given to Trinicor Eng will not cause Trinicor Eng to                            infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to                        indemnify Trinicor Eng against any action taken by a third party against Trinicor Eng in respect of any such infringement.

20.3. The Customer agrees that Trinicor Eng may (at no cost) use for the purposes of marketing or entry into any competition, any                   documents, designs, drawings or Goods which Trinicor Eng has created for the Customer.

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21. Default and Consequences of Default

21.1. # PENALTY RATES: Interest on overdue invoices

            From now on any late payments will be charged a PENALTY RATES:

            • 5% - DAY AFTER the due date

            • A further 10%  from the 20th of each month

         # If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten per cent                    (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which                sum shall become immediately due and payable.

         # Outstanding Debtors are referred to an AKLD Debt Collections.

         # Collection fees will be added to the original invoice amount, which will be paid by the customer (and at Trinicor Eng’s sole                      discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

21.2. If the Customer owes Trinicor Eng any money, the Customer shall indemnify Trinicor Eng from and against all costs                                   and disbursements incurred by Trinicor Eng in recovering the debt (including but not limited to internal administration fees, legal           costs on a solicitor and own client basis, Trinicor Eng’s collection agency costs, and bank dishonour fees).

21.3. Without prejudice to any other remedies Trinicor Eng may have if, at any time, the Customer is in breach of any obligation

         (including those relating to payment) under these terms and conditions Trinicor Eng may suspend or terminate the supply                       of Goods to the Customer.

       a) Trinicor Eng will not be liable to the Customer for any loss or damage the Customer suffers because Trinicor Eng, has exercised               its rights under this clause.

21.4. Without prejudice to Trinicor Eng's other remedies at law, Trinicor Eng shall be entitled to cancel all or any part of any order of               the Customer which remains unfulfilled and all, amounts owing to Trinicor Eng shall, whether or not due for payment,                               become immediately payable if:

       a) Any money owed to Trinicor Eng becomes overdue, or in Trinicor Eng’s opinion the Customer will be unable to make a                             payment when it falls due;

       b) The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with                         creditors, or makes an assignment for the benefit of its creditors;

       c) A receiver, manager, liquidator (provisional or otherwise) or similar person has been appointed in respect of the Customer or                   any asset of the Customer.

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22. Cancellation

22.1. Trinicor Eng may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before               the Goods have been delivered by giving written notice to the Customer.

       a) On giving such notice, Trinicor Eng shall repay to the Customer any money paid by the Customer for the Goods.

       b) Trinicor Eng shall not be liable for any loss or damage whatsoever arising from such cancellation.

22.2. If the Customer cancels delivery of Goods, the Customer shall be liable for all loss incurred (whether direct or indirect) by                         Trinicor Eng as a direct resultof the cancellation (including, but not limited to, any loss of profits).

22.3. Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be                           accepted once production has commenced, or a warrant has been placed.

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23. Privacy Act of 1993

23.1. The Customer authorises Trinicor Eng or Trinicor Eng’s agent to:

       a) Access, collect, retain and use any information about the Customer;

           i) (Including any overdue fines balance information held by the Ministry of Justice) to assess the Customer’s creditworthiness, or         b) For the use of marketing products and services to the Customer.

       c) Disclose information about the Customer, whether collected by Trinicor Eng from the Customer directly or obtained by

           Trinicor Eng from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or               obtaining a credit reference, debt collection or notifying a default by the Customer.

           # Collection fees will be added to the original invoice amount, which will be paid by the customer

23.2. Where the Customer is an individual, the authorities under clause are authorities or consents for the purposes of the Privacy Act             1993.

23.3 The Customer shall have the right to request Trinicor Eng for a copy of the information about the Customer retained by                            Trinicor Eng and the right to request Trinicor Eng to correct any incorrect information about the Customer held by Trinicor Eng.

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24. Unpaid Seller’s Rights

24.1. Where the Customer has left any item with Trinicor Eng for repair, modification, exchange or for Trinicor Eng to perform any                     other service about the item and Trinicor Eng has not received or been tendered the whole of any monies owing to it by                           the Customer, Trinicor Eng shall have, until all monies due to Trinicor Eng are paid:

       a) A lien on the item;

       b) The right to retain or sell the item, such sale to be undertaken following any legislation applicable to the purchase

       c) Disposal of uncollected goods.

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24.2. The lien of Trinicor Eng shall continue despite the commencement of proceedings or judgment for any monies owing to

         Trinicor Eng having been obtained against the Customer.

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25. Dispute Resolution

      All disputes and differences between the Customer and Trinicor Eng touching and concerning this agreement shall be referred              to arbitration under a single arbitrator agreed upon by both parties, or failing agreement, by two arbitrators (one to be appointed          by each party) and the umpire (appointed by them before arbitration), Such arbitration to be carried out following provisions of the        Arbitration Act 1996.

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26. Construction Contracts Act 2002

26.1. The Customer as a result of this expressly acknowledges that:

a) Trinicor Eng has the right to suspend work within five (5) working days of written notice of its intent to do so if a payment claim               is served on the Customer, and:

1. The payment is not paid in full by the due date for payment, and no payment schedule has been given by the Customer; or

2. A scheduled amount stated in a payment schedule issued by the Customer concerning the payment claim is not paid in full by the due date for its payment; or

3. The Customer has not complied with an adjudicator’s notice that the Customer must pay an amount to Trinicor Eng by a particular time; and

4. Trinicor Eng has given written notice to the Customer of its intention to suspend the carrying out of construction work under the construction contract.

b)  If Trinicor Eng suspends work, it:

1. Is not in breach of contract; and

2. Is not liable for any loss or damage whatsoever suffered, or alleged to be sustained, by the Customer or by any person claiming through the Customer; and

3. Is entitled to an extension of time to complete the contract; and

4. Keeps its rights under the contract including the right to terminate the agreement; and may at any time lift the suspension, even if the amount has not been paid or an adjudicator’s determination has not been complied to.

5. If Trinicor Eng exercises the right to suspend work, the exercise of that right does not:

       a) Affect any rights that would otherwise have been available to Trinicor Eng under the Contractual Remedies Act 1979; or

       b) Enable the Customer to exercise any rights that may otherwise have been available to the Customer under that Act as a direct               consequence of Trinicor Eng suspending work under this provision.

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27. General

27.1. The failure by Trinicor Eng to enforce any provision of these terms and conditions shall not be treated as a waiver of that                           provision, nor shall it affect Trinicor Eng’s right to enforce that provision subsequently.

       a) If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and               enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

27.2. These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject             to the jurisdiction of the courts of New Zealand.

27.3. Trinicor Eng shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or                                 expense (including loss of profit) suffered by the Customer arising out of a breach by Trinicor Eng of these terms and                                 conditions (alternatively, Trinicor Eng’s liability shall be limited to damages which under no circumstances shall exceed the Price             of the Goods).

27.4. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to                         the Customer by Trinicor Eng nor to withhold payment of any invoice because part of that invoice is in dispute.

27.5. Trinicor Eng may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

27.6. The Customer agrees that Trinicor Eng may amend these terms and conditions at any time.

       a) If Trinicor Eng makes a change to these terms and conditions, then that change will take effect from the date on which Trinicor                Eng notifies the Customer of such change.

       b) The Customer has accepted such changes if the Customer makes a further request for Trinicor Eng to provide Goods to the                    Customer.

27.7. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire,                             flood, storm or another event beyond the reasonable control of either party.

27.8. The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow             it to do so, it is not insolvent, and that this agreement creates binding and valid legal obligations on it.

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                                                                Conclusion:

We at Trinicor Engineering strive to find synergy between excellence and perfection working for and with our customers for the best results on all endeavour.

Thank you for using Trinicor Engineering LTD

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# PLEASE NOTES:

# Private and Confidential
# Acc: Trinicor Eng
- No: 02-1256-0091844-000
- E: trinicor.h.r@gmail.com

# If NOT Signed: For any Jobs done @ WS or On-Site
• THIS WORK WAS DONE, CONTRACTED, AND AGREED TO ON THE BASIS TERMS OF:
- 7 Days/ END OF THE FOLLOWING MONTH FOR PAYMENTS.
# Romalpa Clause: All goods and materials used remain the property of Trinicor Eng until paid in full.

# PENALTY RATES: Which will be paid by the Client.
• 5% - DAY AFTER the due date
• 10% - 20th Of each following month
# Outstanding Debtors are referred to a Debt Collections,
- Collection fees will be added to the original invoice amount,
- All Court related costs, ETC.

# Charges for Downtime:
- Wait for other contractors to do their work
- Meetings for any issues/problems, etc
# Call Out: 3Hrs
# On any Job: Min 1Hr
# Welding Certificates: Charge fee for ALL
- LT400 Or Structural, etc.

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