Faulkner Collins Ltd Terms and Conditions of Sale are stipulated on the reverse of every Sales Order Acknowledgement given to a customer.
1. General
Any order accepted by Faulkner Collins Ltd (hereinafter called "the Company") whether or not it is based on, or results from, this or any other quotation or tender given by the Company shall be deemed to incorporate these terms and conditions. No variation or modification of, or substitution for these terms and conditions (even if included in, or referred to in, the document placing the order) shall be binding on the Company, unless specifically accepted by the Company in writing.
2. Prices
Unless otherwise agreed in writing by the Company, the Company reserves the right to vary the price quoted for the goods in order to take account of any increase in wages, salaries or cost of materials or services between the date of the order and the date of delivery.
3. Acceptance
Quotations are subject to acceptance within thirty days, after which they shall be deemed to have lapsed.
4. Tooling Costs
Where the initial price includes tooling expenses incurred by the Company a charge will be made at the end of six months from the date of the Company’s quotation or tender for any of these tooling costs which have not been recovered due to cancellation, reduction or deferment, of any part of the order provided however the such cancellation, reduction or deferment shall be of the sole discretion of the Company and this clause shall not be construed as granting any right of cancellation, reduction or deferment to the customer.
5. Description
(a) Information regarding specifications, descriptions, weights, measurements, powers, capacities, performance and other data generally relating to the goods sold or supplied by the Company contained in advertisements, catalogues, price lists, illustrations, or other similar matter submitted to the customer by the Company whilst given in good faith, must be regarded only as approximate and intended to present to the customer a general guide. The customer shall be deemed to reply upon his own judgement as to the
nature, quality and condition of the goods sold or supplied by the Company and their sufficiency for any purpose and not upon any representation made by the Company, its servants or agents either orally or in writing (including any advertisement, catalogue, price list, illustration or similar matter) nor shall any description of the said goods given by the Company constitute a sale by description.
(b) Not withstanding that a sample of any goods has been exhibited to and inspected by the customer it is hereby declared that such sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality of the bulk and not so as to constitute a sale by sample. The customer shall take the said goods at his own risk as to their corresponding with the said sample.
(c) The liability of the Company, if any, in respect of any misrepresentation shall not in any event exceed the cost of replacement of the goods in respect of which a claim is made and the Company will not in any event be liable for consequential loss, injury or damage arising out of any misrepresentation or performance concerning the goods included in any order accepted by the Company.
6. Payment
(a) Unless otherwise agreed in writing payment for the goods shall be made not later than the 20th day of the following month in which the Company shall despatch the goods to the customer and the title to the goods shall pass only on payment in full to the Company being made therefor. All payments are to be made on due date as a condition precedent to future deliveries time being of the essence.
(b) In addition to any right or lien to which they may be by law entitled, the Company shall (in event of the Customer’s insolvency) be entitled to a general lien on all goods of the customer in the Company’s possession (although such goods or some of them may have been paid for) for the unpaid price of any goods sold and delivered to the customer by the Company under the same or any other contract.
(c) Without prejudice to any other rights of action the Company may have, unless a payment is made to the Company on the date specified in sub-clause (a) hereof the customer agrees to pay interest to the Company from the said specified date until actual receipt of payment by the Company interest on the amount outstanding at the rate of Twelve Dollars per centum per annum.
7. Patents and Designs
The Company shall not be liable in respect of any claim which may be made against the Company for infringement of any letters, patent or registered design or copyright which may arise as a result of the Company carrying out instructions given by the customer and the customer agrees to indemnify and keep indemnified the Company from and against all or any such claims and against all costs, damages
and expenses incurred by or recovered against the Company in respect of any such claims.
8. Delivery
(a) Any period or dates quoted for delivery are to be regarded as approximate only and the Company accepts no liability for any loss, injury, damage or expenses consequent upon any delay in delivery of goods. Delay due to circumstances not reasonably within the
Company shall not entitle the customer to cancel any order or to refuse to accept delivery. Notwithstanding that the title to the goods may not have passed, the risk in the goods shall pass to the customer upon delivery.
(b) When the Company is required to procure overseas goods to fulfil an order, the order is subject to confirmation by the Company, and is also subject to import license being available when required.
9. Force Majeure
Should the Company be delayed in or prevented from making delivery owing to any cause whatsoever not reasonably within the Company’s control, the Company shall be at liberty to cancel or suspend the order without incurring any liability for any loss or damage resulting therefrom.
10. Free Replacement
(a) If the customer shall within four weeks after delivery of the goods give written notice to the Company of any alleged defect and shall where possible forthwith return goods in question carriage paid to the Company’s warehouse of the factory from which the goods were delivered, the Company will (if satisfied upon examination of the goods that they were defective), without charge to the customer, replace such goods or such parts or parts thereof as in the opinion of the Company may be necessary.
(b) The Company’s obligation under the preceding sub-clause to replace such goods or any part or parts thereof is subject also to the customer having complied with all instructions if any given by the Company concerning the manner in which such goods should be used.
(c) Subject as aforesaid, all conditions and warranties whether express or implied and whether arising at common law or by statute are hereby expressly excluded and the Company shall not in any circumstances be liable to the customer in respect of consequential loss, damage or injury howsoever arising.
11. Damage or Loss in Transit
No claim for damage in transit or shortage in delivery will be entertained in cases where the Company has agreed to deliver the goods to the customer unless a separate notice in writing is given to the carrier concerned and to the Company immediately the goods are
received, followed by a detailed and complete claim in writing within seven days of delivery. In the event of loss of destruction of the goods in transit, advice of non-delivery must be submitted in writing to the carrier and to the Company within fourteen days of the date of consignment as advised by the Company to the customer.
12. Interpretation
Any contract to which these conditions apply shall be governed by and construed in accordance with New Zealand law.

Faulkner Collins Ltd
Although every attempt has been made by Faulkner Collins Ltd to ensure the accuracy of theinformation and images in this catalogue, Faulkner Collins Ltd accepts no liability for inaccuracies.