Standards Terms and Conditions of Sale

1 Warranty

1.1 The Seller warrants the Goods for a period of 12 months from the date of delivery.

1.2 The above warranty does not apply to any damage caused to the Goods by external forces or from the Goods not being maintained in accordance with operating instructions.

1.3 No claim shall be made for any consequential loss. Any claim shall be limited to replacement of the parts of the Goods which are defective.

1.4 Any defect must be notified to the Seller within 10 working days of the Buyer becoming aware of that defect.

2 Payment

2.1 All payments are in New Zealand dollars unless otherwise specified.

2.2 All payments not made on due date shall bear interest at 12% per annum calculated on a daily basis.

2.3 Any freight and insurance from Christchurch New Zealand shall be payable in addition to the purchase price.

2.4 Any damage in transit shall not be the responsibility of the Seller.

3 Performance of Goods

3.1 The Seller warrants that the Goods will perform in accordance with the performance data available from the Seller or published on the website of the Seller.

3.2 The Goods are not designed or tested to operate in hostile environments, including, but not limited to, use in explosive, high voltage, marine or other environments with a similar degree of potential hazard

4 Use of Goods

4.1 The Buyer will have responsibility and liability for the purchase and installation of all additional plant and equipment to operate the Goods. Any defects or damage caused by the Goods by such plant and equipment shall be the responsibility of the Buyer.

5 Title to Goods

5.1 Title to the Goods shall not pass until the Purchase Price has been paid in full. The Buyer authorizes the Seller to register security interest in the Goods under the Personal Property Securities Act 1999 to protect payment of the purchase price.

6 Delivery of Goods

6.1 The Seller will deliver the Goods to the Buyer within 14 days of the date specified in the contract. The Seller will not be responsible for any delays in delivery occasioned by events beyond the control of the Seller including, without limiting the same, shortage of components and materials, strikes, lockouts, acts of god or delays by contractual manufacturers.

7 Agency

7.1 No statement or representation made by any agent acting on behalf of the Seller shall be binding on the Seller unless confirmed in writing by the Seller.

8 Assignment

8.1 If the Buyer sells the Goods the benefit of these terms and conditions shall terminate.

9 Disputes

9.1 In the event of a dispute between the Buyer and Seller the dispute shall be governed by the Rules of the International Chamber of Commerce governing arbitration. Each party will submit to arbitration under those Rules.

10 Notices

10.1 Notice may be given by post, email or facsimile with answerback. Notice will be deemed to be given if delivered to the address of the party shown overleaf or if given to the facsimile or email address shown overleaf.

11 Applicable Law

11.1 The laws of New Zealand apply to this agreement and both parties submit to the jurisdiction of the New Zealand Courts.

12 Disclaimer

12.1 Canterbury Seismic Instruments Limited products have not been designed, tested, or manufactured for use in any application where failure, malfunction, or inaccuracy carries a risk of death, bodily injury, or damage to tangible property, including, but not limited to, use in factory control systems, medical devices or facilities, nuclear facilities, aircraft, watercraft or automobile navigation or communication, emergency systems, or other applications with a similar degree of potential hazard.