TERMS AND CONDITIONS OF TRADE
Ultimate Solutions (NZ) Limited
Company Number: 5139541
1. APPLICATION AND ENTIRE AGREEMENT
1.1 These Terms and Conditions of Trade (Terms) apply to all Goods sold, Hire Goods supplied, and Services provided by Ultimate Solutions (NZ) Limited (Ultimate Solutions, we, us, or the Supplier), unless otherwise agreed by us in writing.
1.2 These Terms form part of every Contract between the Supplier and the Customer and prevail over any inconsistent terms contained in any order, enquiry, instruction, purchase order, or other document issued by the Customer, unless expressly agreed by the Supplier in writing.
1.3 These Terms, together with any quotation, order confirmation, invoice, credit application, or other document issued by the Supplier, constitute the entire agreement between the parties and supersede all prior discussions, negotiations, representations, or arrangements.
1.4 The Supplier may amend these Terms at any time. Any amended Terms take effect from the earlier of:
(a) the date they are published on the Supplier’s website at
https://www.ultimate-solutions.co.nz/terms-of-trade/; or
(b) the date they are otherwise provided or made available to the Customer, including by email or other electronic means.
1.5 By placing an order, accepting a quotation, or otherwise engaging the Supplier to provide Goods, Hire Goods, or Services, the Customer is deemed to have accepted these Terms.
2. DEFINITIONS
In these Terms, unless the context otherwise requires:
CGA means the Consumer Guarantees Act 1993.
Completed means, in relation to Services, that the Services have been substantially performed by the Supplier, whether or not there are minor defects or minor outstanding items that do not materially affect the intended use or function of the Services.
Contract means these Terms together with any quotation, order, order confirmation, invoice, credit application, or other document issued by the Supplier relating to the supply of Goods, Hire Goods, or Services.
Customer means the person, company, entity, or other party purchasing Goods and/or acquiring Services from the Supplier.
FTA means the Fair Trading Act 1986.
Goods means all goods supplied by the Supplier, including without limitation surface protection materials, construction hoardings, fencing, scaffold protection, netting, hygiene clad, dust control, noise control, external protection, tapes, packaging, and any other products supplied by the Supplier.
Hire Goods means any Goods supplied by the Supplier on a hire, rental, temporary, or returnable basis.
HSWA means the Health and Safety at Work Act 2015.
PPSA means the Personal Property Securities Act 1999.
Services means installation, removal, delivery, collection, labour, advice, and any other services provided by the Supplier in connection with the Goods or Hire Goods.
Site means any location at which Goods are delivered, installed, used, or removed, or at which Services are performed.
Supplier means Ultimate Solutions (NZ) Limited, company number 5139541, and includes its employees, agents, and contractors.
Terms means these Terms and Conditions of Trade, as amended from time to time.
3. QUOTATIONS
3.1 Unless otherwise stated in writing, each quotation issued by the Supplier is valid for 30 days from its date of issue.
3.2 If the Customer purports to accept a quotation after that period, the Supplier may requote or decline the order.
3.3 Unless expressly stated otherwise, all quotations are based on labour, freight, exchange rates, duties, and material costs applying at the date of quotation and may be adjusted if those costs change before supply.
3.4 The Supplier may correct any clerical, pricing, calculation, typographical, or descriptive error in any quotation, order confirmation, or invoice.
3.5 Unless otherwise stated, quotations are based on the following assumptions:
(a) the Goods can be ordered, delivered, unloaded, handled, and stored safely and efficiently, whether on Site or off Site;
(b) the Customer will provide the Supplier with free, safe, timely, and unrestricted access to the Site and all relevant work areas;
(c) the Services will be carried out during the Supplier’s normal business hours, being Monday to Friday between 7:00am and 5:00pm, excluding public holidays; and
(d) the Site and the surrounding environment are free from hazardous substances, hazardous conditions, and unforeseen access constraints.
3.6 No Goods will be reserved, no delivery scheduled, and no Services programmed until the quotation has been accepted by the Customer and accepted or confirmed by the Supplier.
4. ORDERS AND CONTRACT FORMATION
4.1 The placing of an order by the Customer, whether orally, electronically, or in writing, constitutes an offer by the Customer to purchase Goods and/or Services on these Terms.
4.2 A Contract is formed when the Supplier:
(a) confirms the order in writing;
(b) issues an invoice or order confirmation; or
(c) commences the supply of Goods, Hire Goods, or Services,
whichever occurs first.
4.3 The Supplier may accept or reject any order in whole or in part in its sole discretion.
4.4 No cancellation, suspension, or variation of any order by the Customer is effective unless accepted by the Supplier in writing.
4.5 If the Customer cancels or varies any order, the Supplier may recover from the Customer all loss, cost, expense, and liability incurred by the Supplier as a result, including without limitation labour, administration, procurement, restocking, storage, freight, and third-party charges.
5. PRICE AND PAYMENT
5.1 Unless otherwise stated, all prices are exclusive of GST and any other applicable taxes or duties.
5.2 The Customer must pay all invoices in full, on time, and without deduction, set-off, counterclaim, withholding, or deferment, except to the extent required by law or expressly permitted under any applicable construction contract legislation.
5.3 For approved credit account Customers, payment is due on the 20th day of the month following the date of invoice, unless otherwise agreed in writing.
5.4 For cash sales, payment must be made in full before delivery or collection, unless the Supplier agrees otherwise in writing.
5.5 The Supplier may require a deposit, progress payment, advance payment, or full prepayment at any time before supplying Goods, Hire Goods, or Services.
5.6 The Customer must pay for all Services performed by the Supplier, including installation Services, once those Services have been completed, or as otherwise invoiced, claimed, or provided for under the Contract.
5.7 The Customer may not withhold, deduct, set off, defer, or refuse payment of any amount due to the Supplier because of any complaint, defect allegation, counterclaim, delay claim, dispute, or alleged non-performance, except to the extent required by law. The Customer must pay all undisputed amounts when due.
5.8 If the Customer disputes any invoice or part of any invoice, the Customer must notify the Supplier in writing within 5 working days of the date of invoice, specifying in reasonable detail the grounds for dispute and the amount disputed. The Customer must still pay all undisputed amounts by the due date.
5.9 If the Contract is a construction contract for the purposes of the Construction Contracts Act 2002, the Supplier may issue payment claims and exercise all rights and remedies available under that Act.
5.10 Interest accrues on overdue amounts at the rate of 2% per month, calculated daily from the due date until payment is received in full, both before and after judgment.
5.11 The Customer must reimburse the Supplier for all costs incurred in recovering overdue monies or enforcing the Supplier’s rights, including debt collection agency fees, legal costs on a solicitor-client basis, court costs, and enforcement expenses.
5.12 The Supplier may suspend or withhold supply, delivery, hire, installation, or further performance of any Contract if:
(a) any amount owing by the Customer is overdue;
(b) the Supplier reasonably considers that the Customer may be insolvent or unable to pay its debts as they fall due; or
(c) the Customer is otherwise in breach of these Terms or any Contract.
5.13 The Supplier may appropriate any payment received from the Customer against any amount owing by the Customer in any manner the Supplier determines.
6. DELIVERY, RISK, AND TITLE
6.1 If no delivery date is specified, the Customer must accept delivery when the Goods are ready for dispatch or collection.
6.2 Any time or date quoted for delivery, collection, installation, or completion is an estimate only and is not of the essence.
6.3 The Supplier will use reasonable endeavours to meet estimated dates but is not liable for any delay, non-delivery, or consequential loss arising from any cause beyond its reasonable control.
6.4 If the Customer requests delivery at a specific time, outside normal hours, or by a particular method, the Customer must pay any additional charge incurred.
6.5 Risk in the Goods passes to the Customer immediately upon delivery to the Site, collection by the Customer, or dispatch from the Supplier’s premises, whichever occurs first.
6.6 Once risk has passed, the Supplier is not liable for any loss of or damage to the Goods caused by carriers, weather, storage conditions, handling, or any other matter outside the Supplier’s control.
6.7 Legal and beneficial title to Goods supplied on a sale basis remains with the Supplier until the Supplier has received payment in full for:
(a) those Goods; and
(b) all other monies owing by the Customer to the Supplier on any account whatsoever.
6.8 Until title passes, the Customer:
(a) holds the Goods as fiduciary bailee for the Supplier;
(b) must store the Goods separately and so they remain readily identifiable as the Supplier’s property;
(c) must not sell, dispose of, charge, mortgage, pledge, lease, or otherwise part with possession of the Goods except in the ordinary course of the Customer’s business and only as fiduciary agent of the Supplier; and
(d) must immediately notify the Supplier if any Goods are seized, threatened with seizure, or otherwise dealt with in a manner inconsistent with the Supplier’s ownership.
6.9 If the Customer defaults in payment or otherwise breaches these Terms, the Supplier may enter any premises where the Goods are located and repossess them, without prejudice to any other rights or remedies.
7. PERSONAL PROPERTY SECURITIES ACT 1999
7.1 The Customer acknowledges that these Terms create, in favour of the Supplier, a security interest in all present and after-acquired Goods supplied by the Supplier to the Customer and in any proceeds of those Goods, for the purposes of the PPSA.
7.2 The Customer must promptly do all things and sign all documents reasonably required by the Supplier to enable the Supplier to perfect and maintain its security interest under the PPSA.
7.3 The Customer waives, to the maximum extent permitted by law, its rights to receive notices under sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, and 132 of the PPSA and its rights under sections 107(2), 119, 133, and 134 of the PPSA.
7.4 The Customer must immediately notify the Supplier of any change to its legal name, trading name, address, email address, or other contact details.
8. HIRE OF GOODS
8.1 This clause applies to all Hire Goods.
8.2 The hire period commences on delivery, collection, or installation of the Hire Goods and continues until the Hire Goods are physically returned to, or collected and received back by, the Supplier.
8.3 Hire charges continue for the full hire period, whether or not the Hire Goods are in use.
8.4 Risk in the Hire Goods passes to the Customer upon delivery, collection, or installation and remains with the Customer until the Hire Goods are returned to and received by the Supplier.
8.5 The Customer is responsible for all loss of or damage to Hire Goods during the hire period, including theft, vandalism, accidental damage, misuse, weather damage, contamination, and third-party interference.
8.6 The Customer must:
(a) keep the Hire Goods secure and in good condition;
(b) use the Hire Goods only for their intended purpose and in a proper and careful manner;
(c) comply with all laws, standards, and instructions relating to the use of the Hire Goods; and
(d) not sell, sub-hire, lend, mortgage, charge, pledge, alter, or encumber the Hire Goods.
8.7 All Hire Goods must be returned in the same condition as supplied, fair wear and tear excepted.
8.8 The Customer must not alter, modify, cut, drill, paint, fasten, screw into, nail into, or otherwise interfere with the Hire Goods without the Supplier’s prior written consent, except to the extent strictly necessary for proper installation and approved by the Supplier.
8.9 Any vinyl, signage, graphics, adhesive films, or other applied materials affixed to Hire Goods must be fully removed before return. Hire Goods must be returned free from adhesive residue, surface damage, and contamination.
8.10 If the Customer fails to comply with this clause, the Supplier may charge the Customer the full cost of cleaning, repair, rectification, replacement, and reinstatement on a new-for-old basis.
8.11 If the Customer defaults, the Supplier may enter the Site and recover the Hire Goods without notice and without prejudice to any other rights or remedies.
9. SERVICES AND INSTALLATION
9.1 The Customer must provide the Supplier with safe, timely, and unrestricted access to the Site and ensure the Site is properly prepared for the Services.
9.2 The Customer warrants that all Site information, plans, measurements, instructions, substrate details, and other information supplied to the Supplier are accurate, complete, and not misleading.
9.3 The Supplier is entitled to rely on all information provided by the Customer and is not liable for any defect, delay, cost, or loss arising from inaccurate, incomplete, or misleading information.
9.4 The Customer is responsible for ensuring that:
(a) all necessary consents, approvals, permits, and permissions have been obtained;
(b) the Site is structurally sound, accessible, safe, and suitable for the Services; and
(c) the areas in which the Goods are to be installed are clean, dry, stable, adequately cured, and otherwise fit for installation.
9.5 The Supplier may suspend or refuse to carry out Services where, in its opinion, Site conditions are unsafe, unsuitable, inaccessible, or materially different from those disclosed to the Supplier.
9.6 Any change to Site conditions, access, scope of work, programme, sequencing, measurements, specification, or installation requirements that differs from what was originally quoted may result in additional charges.
9.7 Without limitation, additional charges may arise from:
(a) delayed or restricted access to the Site;
(b) Site conditions differing from those advised;
(c) the Site not being adequately prepared;
(d) delays caused by the Customer, other contractors, or third parties;
(e) changes requested during installation;
(f) waiting time, return visits, remobilisation, additional labour, transport, or materials; or
(g) any event beyond the reasonable control of the Supplier.
9.8 The Customer must pay all such additional charges.
9.9 Services are completed when the Supplier has substantially performed the Services contracted for, notwithstanding that minor defects, minor omissions, or items not materially affecting the use of the Goods or Services may remain outstanding.
9.10 The Services, including installation Services, are deemed accepted by the Customer on the earliest of the following:
(a) when the Services are completed;
(b) when the relevant area, surface, installation zone, or Site is handed back to the Customer or made available for the Customer’s use or occupation;
(c) when the Customer, or any person under the Customer’s control or authority, starts using, occupying, trafficking over, loading, covering, altering, interfering with, or permitting use of the area or installed Goods; or
(d) 48 hours after completion of the Services, if the Customer has not given written notice of any alleged defect in accordance with these Terms.
9.11 The Customer may not reject the Services by reason only of minor defects, minor omissions, aesthetic matters, or issues that do not materially impair the functional purpose of the Services.
9.12 If the Customer alleges that any Services are defective, the Customer must notify the Supplier promptly in writing, giving reasonable particulars of the alleged defect, and must allow the Supplier a reasonable opportunity to inspect and, where the Supplier accepts responsibility, remedy the defect.
9.13 The existence of any complaint, defect allegation, delay claim, dispute, or counterclaim does not excuse or delay payment of any undisputed amount owing to the Supplier.
10. HEALTH AND SAFETY
10.1 The parties acknowledge that, where applicable, each may be a PCBU for the purposes of the HSWA.
10.2 The Customer must comply with the HSWA and all other health and safety laws, regulations, Site rules, and reasonable directions of the Supplier.
10.3 The Customer must ensure, so far as is reasonably practicable, that the Site is without risks to the health and safety of the Supplier’s workers, contractors, and other persons attending the Site.
10.4 The Supplier may suspend work immediately if it considers that the Site is unsafe or that continuing work would expose any person to health or safety risk.
10.5 The Customer must indemnify the Supplier against all loss, cost, damage, liability, fine, penalty, or expense arising from any breach by the Customer of this clause.
11. SURFACE PROTECTION MATERIALS
11.1 This clause applies to all surface protection products and installation Services supplied by the Supplier.
11.2 The Customer acknowledges that the performance of surface protection materials depends on matters outside the Supplier’s control, including substrate condition, curing, coatings, moisture, temperature, cleaning, traffic, duration of use, and removal method.
11.3 The Customer must ensure all surfaces to which protection materials are applied are clean, dry, sound, properly cured, and free from dust, debris, residue, contaminants, and obstructions.
11.4 Any delay, interruption, or additional work caused by unsuitable Site conditions, obstructions, or third-party interference may result in additional charges.
11.5 Protection materials must remain in place for the minimum recommended period only and must be used, maintained, monitored, and removed in accordance with the Supplier’s and manufacturer’s instructions.
11.6 The Supplier is not liable for any damage, marking, residue, adhesion issue, discolouration, staining, curing interference, moisture entrapment, or other adverse effect where:
(a) the substrate or surface was unsuitable;
(b) the Customer failed to disclose relevant Site or substrate information;
(c) the materials were removed too early, left down too long, tampered with, disturbed, or misused;
(d) third-party traffic, works, chemicals, moisture, heat, cleaning products, or other factors affected performance; or
(e) the Customer failed to monitor the condition of the surface and protection materials during use.
12. WARRANTIES AND LIABILITY
12.1 To the fullest extent permitted by law, all warranties, conditions, guarantees, and representations in relation to the Goods, Hire Goods, and Services are excluded except those that cannot lawfully be excluded.
12.2 The Supplier does not warrant that any Goods are suitable for any particular purpose unless the Supplier has expressly agreed in writing to that purpose.
12.3 The Supplier does not guarantee that the Goods will prevent all damage, wear, staining, marking, moisture penetration, discolouration, contamination, or other effects on any surface.
12.4 The Customer acknowledges that the use and installation of the Goods carries inherent risks and that certain surfaces, coatings, screeds, adhesives, sealants, finishes, and substrates may continue to cure, set, move, or chemically react during and after application.
12.5 The Supplier is not liable for any defect, loss, damage, or claim arising from:
(a) inaccurate or incomplete information provided by the Customer;
(b) improper Site conditions;
(c) misuse, neglect, accidental damage, interference, alteration, or unauthorised removal;
(d) installation or handling by the Customer or any third party;
(e) failure to follow the Supplier’s or manufacturer’s instructions;
(f) failure to carry out maintenance, monitoring, inspection, testing, or timely repair;
(g) acts or omissions of third parties; or
(h) events beyond the Supplier’s reasonable control.
12.6 Any claim relating to allegedly defective Goods or Services must be notified to the Supplier in writing within 14 days after delivery of the Goods or completion of the Services, as applicable, with reasonable details of the alleged defect. The Customer must give the Supplier a reasonable opportunity to inspect and, if the Supplier accepts responsibility, repair, replace, reperform, or otherwise remedy the defect. If the Customer fails to notify the Supplier within that period, then to the maximum extent permitted by law, the Goods and Services are deemed accepted.
12.7 The making of a complaint or claim by the Customer does not entitle the Customer to cancel the Contract, withhold payment of any undisputed amount, or engage others to rectify or replace the Goods or Services at the Supplier’s cost unless the Supplier has first been given reasonable notice of the issue and a reasonable opportunity to inspect and remedy it, except to the extent otherwise required by law.
12.8 To the maximum extent permitted by law, the Supplier is not liable for any indirect, consequential, special, or exemplary loss or damage of any kind, including loss of profits, loss of use, loss of revenue, delay costs, reputational loss, or third-party claims.
12.9 To the maximum extent permitted by law, the Supplier’s total aggregate liability arising out of or in connection with any Contract, whether in contract, tort including negligence, equity, statute, or otherwise, is limited to the lesser of:
(a) the price paid by the Customer for the specific Goods or Services giving rise to the claim; or
(b) the cost of repairing, replacing, or resupplying those specific Goods or Services, at the Supplier’s option.
12.10 Nothing in these Terms limits or excludes any right or remedy that cannot lawfully be limited or excluded.
13. CONSUMER GUARANTEES ACT AND FAIR TRADING ACT
13.1 If the Customer acquires or holds itself out as acquiring the Goods, Hire Goods, or Services for the purposes of a business, then:
(a) the parties agree that the Goods, Hire Goods, and Services are supplied and acquired in trade;
(b) section 43 of the CGA applies; and
(c) to the maximum extent permitted by law, the provisions of the CGA and sections 9, 12A, 13, and 14(1) of the FTA do not apply.
13.2 The Customer acknowledges that it is fair and reasonable for the parties to be bound by this clause.
14. CREDIT, GUARANTEES, AND FINANCIAL INFORMATION
14.1 The Supplier may make credit enquiries and obtain credit information about the Customer from any person or credit reporting agency in accordance with the Privacy Act 2020.
14.2 The Customer authorises any person to provide the Supplier with information relevant to the Customer’s creditworthiness.
14.3 If the Customer is a company or trust, the Supplier may require directors, trustees, or other related persons to provide personal guarantees and indemnities as a condition of supply.
14.4 The Supplier may suspend or refuse supply at any time if it has reasonable concerns regarding the Customer’s solvency or creditworthiness.
15. DEFAULT
15.1 Each of the following constitutes an event of default:
(a) the Customer fails to pay any undisputed amount when due, or fails to pay any amount required to be paid under the Construction Contracts Act 2002 or any payment schedule applicable to the Contract;
(b) the Customer breaches any Contract or these Terms;
(c) the Customer becomes insolvent, commits an act of bankruptcy, enters liquidation, receivership, administration, compromise with creditors, or ceases or threatens to cease carrying on business;
(d) the Customer breaches health and safety obligations;
(e) the Customer fails to adequately protect, insure, or return Hire Goods; or
(f) the Customer provides false, misleading, or incomplete information.
15.2 Upon default, the Supplier may, without prejudice to any other rights:
(a) suspend or terminate any Contract;
(b) stop or refuse further supply;
(c) repossess any Goods or Hire Goods;
(d) enter any premises for that purpose; and
(e) declare all monies owing by the Customer immediately due and payable.
16. RECOMMENDATIONS, SAMPLES, AND MANUFACTURERS’ INFORMATION
16.1 Any recommendation, estimate, statement, sample, brochure, technical note, or other information provided by the Supplier is provided for general information only, unless expressly stated otherwise in writing.
16.2 The Customer is responsible for satisfying itself as to the suitability, compatibility, and fitness for purpose of the Goods for the Customer’s intended use.
16.3 Samples are indicative only and do not constitute a representation, warranty, or guarantee as to performance, colour, finish, quality, or suitability.
16.4 Any adhesive tape or converted product is supplied subject to the relevant manufacturer’s specifications, tolerances, storage requirements, shelf life, adhesive properties, and other conditions.
17. QUANTITY TOLERANCE
17.1 Unless otherwise agreed in writing, the Supplier may deliver up to 10% more or 10% less than the quantity ordered, and the Customer must pay for the quantity actually supplied.
18. INTELLECTUAL PROPERTY AND CUSTOMER SPECIFICATIONS
18.1 Where Goods are manufactured, cut, converted, printed, or supplied to the Customer’s specifications, drawings, measurements, artwork, branding, or instructions, the Customer warrants that the manufacture and supply of those Goods will not infringe the intellectual property rights of any third party.
18.2 The Customer indemnifies the Supplier against all claims, proceedings, liabilities, costs, and expenses arising out of any actual or alleged infringement of any patent, copyright, trademark, design, confidential information, or other proprietary right resulting from the Supplier acting in accordance with the Customer’s instructions.
19. FORCE MAJEURE
19.1 The Supplier is not liable for any failure or delay in performing its obligations where that failure or delay arises from a cause beyond its reasonable control, including acts of God, weather events, fire, flood, earthquake, pandemic, labour shortage, industrial dispute, transport disruption, accident, utility failure, supplier delay, import delay, government action, or any other unforeseen event.
19.2 In those circumstances, the Supplier may suspend performance, extend time for performance, or cancel the affected Contract in whole or in part without liability.
20. PRIVACY
20.1 The Supplier may collect, use, store, and disclose personal information about the Customer for the purposes of:
(a) assessing creditworthiness;
(b) supplying Goods, Hire Goods, and Services;
(c) administration and account management;
(d) debt recovery and enforcement; and
(e) complying with legal obligations.
20.2 The Customer authorises the Supplier to collect, retain, use, and disclose personal information in accordance with the Privacy Act 2020.
21. GENERAL
21.1 No waiver by the Supplier of any breach of these Terms is effective unless in writing and signed by the Supplier.
21.2 Any failure or delay by the Supplier to exercise any right does not operate as a waiver of that right.
21.3 If any provision of these Terms is held to be invalid, unenforceable, or illegal, that provision will be severed and the balance of these Terms will remain in full force.
21.4 The Customer may not assign, transfer, or subcontract any of its rights or obligations without the Supplier’s prior written consent.
21.5 The Supplier may subcontract any part of the supply of Goods or Services without notice to the Customer.
21.6 These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
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: Contact Us
- By sending us an email: sales@ultsol.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 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.