Terms of Trade
1. Basis of Contract
In these Conditions of Sale, the term “Seller” refers to Ultimate Solutions currently trading at 278 Church Street, Onehunga, Auckland but shall include any premises from which Ultimate Solutions may operate in the future. The term “Buyer” refers to any person, firm or company, whether incorporated or not, which purchases any goods of whatever nature, whether or not manufactured by the Seller, and which are sold by the Seller to the Buyer. The placing of any order whether verbally or in writing by the Buyer shall constitute unqualified acceptance of these conditions.
The term “Contract” refers to any agreement to supply the goods to the Buyer. A Contract may arise in different ways such as when the Seller issues a confirmation to the Buyer or when the Buyer accepts a quotation submitted by the Seller.
2. Title and Security
Ownership in the goods shall remain with the Seller until the Buyer has discharged all outstanding indebtedness to the Seller whatsoever, but risk in the goods shall pass from the Seller to the Buyer in accordance with clause 3.
The Seller shall retain a purchase money security interest in all goods sold and delivered to the Buyer. The Seller may perfect its security interest by registering financing statement(s) pursuant to the Personal Property Securities Act 1999. The Buyer waives any right to receive verification of any financing statement(s) so registered.
If the Buyer fails to comply with the Seller’s terms of payment, the Seller shall have all rights and remedies as may be available to it and may enter upon any premises where the goods are situated and take possession of such goods. The Buyer shall fully indemnify the Seller for any claim and/or demand which may be brought in respect of such entry and taking of possession.
3. Passing of Risk
The risk in goods carried overland shall pass to the Buyer on delivery to the Buyer’s designated delivery point or to the carrier nominated by the Buyer (whichever shall first occur). The risk in goods supplied by sea or air transport shall pass to the Buyer on delivery to the carrier nominated by the Buyer.
4. Delivery
If no time for delivery is specified in the Contract, the Buyer shall be bound to accept the goods when they are ready for delivery by the Seller. If the Buyer makes a specific request for a particular time of day or means of delivery, the extra cost thereof, if any, shall be charged to the Buyer. If the Seller gives an estimated shipping date, it shall use its reasonable efforts to meet it. However, the Seller accepts no responsibility for delays beyond its control.
5. Delivery by Installment/Scheduled Deliveries
Where an order by the Buyer on the Seller calls for delivery by several instalments, each such instalment shall be treated as a separate Contract and the rights of either party shall be construed accordingly. However, the Seller may suspend delivery of any instalment whilst payment is overdue in respect of any previous instalment, and the Seller has not agreed in writing to any extension or forbearance of such overdue payment.
6. Non Delivery
The Buyer shall notify the Seller in writing of the non receipt of any goods within ten days of the invoice date, failing which the Seller shall be under no liability whatsoever to the Buyer regardless of any conditions of carriers or insurers.
7. Cancellation
No order, once accepted by the Seller, may be cancelled or varied by the Buyer except with the written consent of Seller on such terms as the Seller may require. Without limiting the generality of the foregoing, the Seller shall be entitled to full reimbursement for any costs incurred as a result of such order cancellation or variation.
8. Payment Terms
Payment by the Buyer to the Seller shall, unless otherwise agreed in writing, be 20 days following the end of the month of invoice.
If the Buyer is in default of making payment in accordance with this clause, then interest shall be payable on the unpaid amount at the rate of 2% per month from the date the payment was due until actual payment, and the Buyer shall pay the costs of the Seller (as between solicitor and client) of and incidental to the enforcement or attempted enforcement by the Seller of its rights under the Contract.
The Buyer shall pay each invoice in full and shall have no right to deduct, set off or credit against the invoice any claims which the Buyer might have against the Seller.
9. Conditions and Warranties
The Seller gives no conditions or warranty that the goods supplied are fit for any particular purpose for which the Buyer may require the same. The Buyer shall satisfy itself prior to ordering that the goods are fit and suitable for the purpose for which the Buyer requires them.
10. Variation of Contract
All sales shall be subject to these conditions. No variations of, or additions to, these conditions shall have effect unless they are in writing signed by or on behalf of the Seller. Should any of these conditions conflict with any conditions stated on the Buyer’s orders, these conditions shall prevail. However, any special conditions contained in a Contract shall supersede these Conditions.
11. Consequential Loss
The Seller shall not be liable for any indirect or consequential damage or loss which the Buyer, or the Buyer’s customer or client, may suffer as a result of any delay in delivery, any defective or damaged goods, or any other cause whatsoever.
12. Supplier’s Manufacturers Conditions
Any self adhesive tape or conversion thereof supplied to the Buyer is sold subject to the stipulation of the manufacturer of the self adhesive tape as to quality, storage, adhesive life or other conditions in the manufacturer’s specifications or conditions of sale imposed on the Seller.
13. Statutory Requirements
The Seller gives no warranty that the design, construction or quality of the goods supplied will comply with all relevant requirements of any statute, rule, order or other instrument having the force of law which may be in force of the date of sale.
14. Defective Goods and Returns
Any goods which are claimed to be defective through faulty material or workmanship must be returned to the Seller within fourteen days from the date of receipt. On any such return, the Seller may decide in its absolute discretion whether to replace the goods or credit the Buyer with the cost of the purchase from the Seller. In accordance with the terms herein contained the Seller shall have no further liability whatsoever.
15. Quantity Tolerance
The Seller will use its reasonable endeavours to deliver the quantity of goods ordered by the Buyer. The Seller reserves the right to vary up to 10% plus or minus the quantity ordered and the Contract price shall be varied accordingly on a pro rata basis.
16. Description
The Buyer shall rely upon its own judgement as to the nature, quality and condition of the goods and their suitability for any purpose and not upon any representation made by the Seller. Any description of the goods given by the Seller shall not constitute a sale by description.
17. Samples
The Buyer may request production samples of any goods ordered provided that all tooling costs have been paid. In the event of samples being supplied other than as production samples, the Buyer shall accept such samples solely for information and as in no way imparting any express or implied conditions or warranties as to quality, description, colour, fitness or merchantable quality of goods subsequently delivered. The Buyer shall be deemed to have satisfied itself as to such matters prior to ordering the goods. An inspection by the buyer of a sample of the goods shall not constitute a sale by sample.
18. Recommendations
From time to time, the Seller may provide written recommendations as to the use to which any goods sold to the Buyer may be put. The Seller shall have no responsibility whatsoever for any damage, liability, cost, claim or expense suffered by the Buyer or any third party following such recommendation. The Seller will assist by supplying samples pursuant to clause 17 of these Conditions so that the Buyer can satisfy itself of suitability for its own purposes.
19. Infringement of Patents
When goods are manufactured by the Seller in accordance with the Buyer’s specifications and requirements, the Buyer shall indemnify the Seller against all costs, claims and expenses incurred by the Seller in respect of the infringement or alleged infringement by such goods of any patents, registered designs or other rights belonging to third parties.
20. Force Majeure
The Seller shall do all within its power to perform the terms of any Contract to which these conditions form part. In particular, the Seller shall use its best endeavours to meet all delivery dates. However, the Seller shall not be liable for any failure to observe or any breach of any of the terms hereof by reason of war, riots, civil commotion, strikes, lockouts, trade disputes, fires, breakdowns, transport delays, Government action, delay in delivery by Seller’s suppliers or any other cause beyond the Seller’s control.
21. Operations of Law
These Conditions shall be construed, and the rights of the parties hereto shall be regulated, by the laws of New Zealand. The parties submit to the jurisdiction of New Zealand courts in the event of any dispute.
22. Quotations
All quotes are valid for thirty (30) days from the date of the quotation. If acceptance is received after this period has lapsed, the job may be required to be requoted.
Unless specifically stated otherwise, all quotations are based on costs of labour and materials at the date of the quotation and is subject to price variation.
Unless specifically stated otherwise, all quotations are based on the following assumptions:
That supplier items and major material items can be ordered, and stored either onsite or off site with storage certificates issued and payment made for materials held in storage;
b) that free and unrestricted access to all required work areas will be provided;
c) that the work will be conducted during regular business hours Monday to Friday 7am to 5pm;
e) that the work for which this quotation is submitted will be executed in an
environment free of hazardous material.
The break-up of prices quoted are submitted for the purpose of a guide only. Should any of the quoted figures deviate from the actual figures, we reserve the right to revise the amount tendered.
The Customer must communicate acceptance of the quotation before works will be scheduled.
Ultimate Solutions Shipping Policy
Our Shipping Policy was last updated on 03 Feb 2025
This policy applies to all products sold by Ultimate Solutions.
Shipment processing times
All orders received by 1pm are dispatched the same day. All other orders are processed within 1 business day. Orders are not shipped or delivered on weekends or holidays. Urgent pick ups and pallet delivery are available on request.
Shipments are carried by external couriers and are typically delivered in 1-3 business days. Please allow additional days in transit for truck and rural delivery. If there will be a significant delay in shipment of your order, We will contact you via email or telephone.
Shipping charges for your orders will be calculated and displayed at checkout.
- Shipping method: Courier
Shipment cost: Calculated at checkout
Estimated delivery time: 1-3 business days - Shipping method: Truck
Shipment cost: Request quote available at checkout
Estimated delivery time: 3-5 business days - Shipping method: Urgent Courier
Shipment cost: Request quote available at checkout
Estimated delivery time: 1-4 Hours
Overnight delivery is only available for courier orders with non-rural delivery addresses.
Delivery delays can occasionally occur.
Shipment to P.O. boxes is not available
Ultimate Solutions ships to addresses worldwide.
Shipment confirmation & Order tracking
You will receive a shipment confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
Customs, Duties and Taxes
Ultimate Solutions is not responsible for any customs and taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes)
Damages
Ultimate Solutions is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim.
Please take photo evidence and save all packaging materials and damaged goods before filing a claim.
Contact Us
If you have any questions about this Shipping Policy, You can contact us:
- By visiting this page on our website:
- By sending us an email: www.ultimate-solutions.co.nz
Rental/Hire Terms and Conditions
PAYMENT TERMS.
Payment must be made in full before delivery of goods or hire commences unless the customer has an account, in which case the following shall apply.
a) Unless otherwise specified, the Goods and Hire invoice will be issued at the end of each calendar month. Payment must be received on the 20th of the following month.
b) This hire agreement is based on the amount of weeks listed in the above Hire information, Modification to the length/time of this agreement may change the agreed rental price.
RECOVERY OF GOODS
In the event of non payment or if payment of the customers account is overdue Ultimate Solutions shall be entitled without prejudice to any right is has at law or in equity to enter the place where the customers goods are stored whether the customers premises or property and taking possession of the goods supplied.
RISK OF LOSS OR DAMAGE.
The Customer assumes all risks of loss or damage to the goods from any cause, and agrees to return it to the Company in the condition received from the Company, with the exception of normal wear and tear as detailed below. The Company ULTIMATE SOLUTIONS will determine normal wear and tear. All determinations made by the Company are final.
Failure to meet any of the conditions in the below will result in the customer being charged the full purchase price of the goods, minus any hire charges that have previously been paid.
Removal of Adhesive Vinyl must be done prior to the panels being returned, if not then charges will apply for removal of the vinyl.
WHAT IS ACCEPTABLE
– Small scratches
– Screw holes on the outer edge of any PVC panels and on the joiner connectors.
– Low tack tapes / Low tack adhesive vinyl for advertising purposes only.
– General dirt and dust.
WHAT IS NOT ACCEPTABLE
– Screw holes in the face of any PVC panel (anything 50mm from the outer edge)
– Drawings, vivid marks or high tack tape residue.
– PVC panels cut to reduce the full 1200mm width.
– PVC panels cut into any other shape than its original supplied state.
– Rips / Tears / Screw holes in any Sound barrier curtains.
– Concrete splatter making items unsuitable for rehire.
TERMS AND CONDITIONS OF HIRE
Hire Terms and Liability
a) All Hire charges are based on current costs and are subject to change without notice.
b) Unless agreed in writing before the Hire commences:
– the Hire commences with the delivery or collection of the goods (as the case may be) and ends when the goods is returned to or collected by the Hirer; and
– the acceptance and use of the goods on hire from Ultimate Solutions shall in itself constitute full acceptance of these Terms and of all charges stated on the Hire Contract.
– Ultimate Solutions reserves the right to inspect the Hired goods at any time and to terminate the Hire forthwith if the goods is not being used and maintained correctly.
– The Customer takes full responsibility for all damage to and/or loss of Hired goods while it is away from Ultimate Solutions premises.
– Ultimate Solutions takes no liability whatsoever in respect of third party of similar risks or for personal injury or consequential damage of any kind or however arising resulting from the use or failure of Ultimate Solutions goods.
c) The Customer indemnifies Ultimate Solutions and holds ultimate Solutions harmless from and against:
– any claim of any kind from third parties and all damages, losses or liabilities which may arise in respect of the goods, its use or operation by the Customer or by any other party; and
– for all and any loss and/or damage suffered by Ultimate Solutions as a result of any breach by the Customer of any provision of the Hire Contract and/or as a result of the Customer failing to take adequate steps to protect Ultimate Solutions interest in the goods.
d) Each of the foregoing conditions shall be without prejudice to each other.
Owners Right to Terminate Hire
a) In the event of the Customer defaulting or failing to comply with any of the terms of the Hire Contract then Ultimate Solutions reserves the right to terminate the Hire forthwith and take any steps necessary to recover the goods, including the right to enter upon any premises where Ultimate Solutions reasonably believes the e goods may be to recover the same. Ultimate Solutions shall have the right to recover all amounts due for the Hire, reconditioning of goods if required and all costs of recovery and transport of the goods to Ultimate Solutions premises. The Customer indemnifies Ultimate Solutions against all actions, claims, costs or damages resulting from or arising out of the exercise of Ultimate Solutions rights under this clause.
b) Without prejudice to any other remedies available to Ultimate Solutions and notwithstanding any period of Hire specified or otherwise agreed to with the Customer, Ultimate Solutions may terminate the Hire Contract, without payment of compensation to the Customer:
– Immediately and without notice to the Customer if Ultimate Solutions considers the goods is, or may be, at risk of loss and/or damage for any reason; or
– In any other case, by giving the Customer two (2) hours’ notice of the intention to terminate the Hire Contract. Such notice need not be in writing and shall be deemed sufficiently given if made orally to the Customer or the operator for the time being of the goods. If Ultimate Solutions cannot reasonably contact the Customer or the operator, notice may be given as soon as is and enter any works site on behalf of the Customer to collect and return the goods to Ultimate Solutions.
Customer’s Obligations
a) Accidents – The Customer must notify Ultimate Solutions immediately of any damage or accident. The Customer is not absolved from his responsibility to safeguard the goods by giving such notification.
b) The Customer is not to undertake any repairs or modifications to the goods without Ultimate Solutions written permission. The Customer is not authorised under the Hire Contract to pledge Ultimate Solutions credit for repairs to the goods or to create a lien over the goods in respect of any repairs.
c) The Customer shall keep Ultimate Solutions notified as to the whereabouts of the goods hired at all times.
d) The Customer is responsible to familiarise himself and ensure compliance with all laws & regulations applicable to the goods on Hire including compliance with the Customer’s responsibilities under Health and Safety at Work Act 2015.
e) The Customer acknowledges that it has inspected the goods before taking it on Hire, or upon accepting delivery, and shall satisfy himself that the goods hired is suitable and sufficient for the work to be done. Ultimate Solutions gives no warranty and makes no representation as to the suitability of the goods for the use intended by the Customer.
f) At all times the Customer must keep the goods clean and must inspect the goods daily before commencing work to ensure it is free of debris or foreign materials.
g) The Customer will use the goods properly and for the purpose for which it was designed and in accordance with manufacturer guidelines/operating manual acknowledging Ultimate Solutions gives no warranty as to the goods capacity, condition or state of repair, or suitability for the Customer’s purpose and the Customer and shall use the goods entirely at his own risk.
h) The Customer will not sell, offer for sale, sublet or assign its interest under the Hire Contract or in the goods hired or any part thereof.
i) The Customer undertakes to keep the goods in his possession and control while it is away from Ultimate Solutions premises.
j) If Ultimate Solutions has agreed that the Customer can onhire the goods, the Customer shall take all steps required to protect Ultimate Solutions interest in the goods, including, where necessary, registering a financing statement over the goods.
k) The Customer is responsible for arranging, and for meeting any costs of, the return of the goods to Ultimate Solutions premises.