Terms and Conditions


1.1 “Aluminium City ” or "the Company" shall mean Aluminium City Limited trading as Aluminium City, or any agents or employees thereof.
1.2 "Commercial Customer" shall mean:
1.2.1 You acquire Products from Aluminium City that are Products not ordinarily acquired for personal domestic or household use; or
1.2.2 You acquire Products, hold out that you acquire Products, for use in business or for re-sale or supply to other persons in trade
1.3 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods and services from Aluminium City.
1.4 “Products” shall mean:
1.4.1 all Products of the general description specified on the front of this agreement and supplied by Aluminium City to the Customer; and
1.4.2 all Products supplied by Aluminium City to the Customer; and
1.4.3 all inventory of the Customer that is supplied by Aluminium City; and
1.4.4 all Products supplied by Aluminium City and further identified in any invoice issued byAluminium City to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.4.5 all Products that are marked as having been supplied by Aluminium City or that are stored by the Customer in a manner that enables them to be identified as having been supplied byAluminium City ; and
1.4.6 all of the Customer’s present and after-acquired Products that Aluminium City has performed work on or to or in which goods or materials supplied or financed by Aluminium CityDesigner Stainless have been attached or incorporated.
1.4.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.5 “Products” shall also mean all goods, services and advice provided by Aluminium City to the Customer and shall include without limitation the manufacture, distribution, installation, repair, maintenance and export of aluminium windows, doors and associated products and all charges for labour, hire charges, insurance charges, freight costs, or any fee or charge associated with the supply of Products by Aluminium City to the Customer.
1.6 “Price” shall mean the cost of the Products as agreed between Aluminium City and the Customer and includes all disbursements eg charges Aluminium City pay to others on the Customer's behalf subject to clause 4 of this contract.


2.1 Any instructions received by Aluminium City from the Customer for the supply of Products shall constitute a binding contract and acceptance of the terms and conditions contained herein.


3.1 Where no price is stated in writing or agreed to orally the Products shall be deemed to be sold at the current amount as such Products are sold by Aluminium City at the time of the contract.
3.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products that is beyond the control of Aluminium City between the date of the contract or quotation and delivery of the Products.


4.1 Unless otherwise agreed payment for Products and Services shall be made in full on invoicing.
4.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
4.3 Any expenses, disbursements and legal costs incurred by Aluminium City in the enforcement of any rights contained in its contract shall be paid by the Customer, including any actual solicitors fees or debt collection agency fees.
4.4 Where payment from the Customer for the Products supplied by Aluminium City are paid for by credit or charge card, the Customer will be required to meet the amount payable by or through Aluminium City to the credit or charge card provider (for example Visa or American Express) for its costs, fees, commission or similar ("the commission"). So the commission of the credit or charge card passed onto Aluminium City when the Customer uses a credit or charge card will therefore be passed back onto the Customer by Aluminium City. For example where the Price of the Products supplied by Aluminium City to the Customer is $10,000.00 and the amount deducted by the credit or charge card provider for the commission is say 5% of the $10,000.00, the Customer with be required to pay Aluminium City $10,500.00 to meet the commission charged by the credit or charge card provider.
4.5 Any expenses, disbursements and legal costs incurred by Aluminium City in the enforcement of any rights contained in this contract shall be paid by the Customer, including any actual solicitor’s fees or debt collection agency fees.
4.6 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
4.7 Progress payments may apply.
4.8 If after acceptance of a quotation the Customer cancels the Contract for the supply of the Products any costs incurred by Aluminium City will be deducted from the deposit paid to Aluminium City by the Customer. If there is no deposit paid the Customer will become liable for those costs in any event.
4.9 Unless otherwise agreed, 50% of the price of the Products , plus GST, is to be paid as a deposit on the date of confirmation of an order, with the balance of the purchase price payable on invoice.
4.10 The Customer may not deduct or withhold any amount (whether by way of set-off, counterclaim or otherwise) from any money owing to the Company.


5.1 Where a quotation is given by Aluminium City for Products:
5.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
5.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
5.1.3 Aluminium City reserves the right to alter the quotation because of circumstances beyond its control at its discretion pursuant to Clause 3.2 above.
5.1.4 The customer shall ensure that the sizes and number of items quoted correspond with the customer’s requirements.
5.1.5 Quotations do not include provision of scaffolding, craneage or other ancillary goods that may be necessary for the installation of Products.
5.2 Where Products are required in addition to the quotation the Customer agrees to pay for the additional cost of such Products. For example if there are oher items discussed or on plans/schedules or specifications that are not specified in the quotation they shall be deemed not to be included in the quotation. Any variation shall be in writing. The Customer is welcome to contact the Company at any time for clarification and/or variation of the quotation.
5.3 The quotation may be withdrawn at any time by the Company within the 30 days from the date of issue and it shall be deemed withdrawn 30 days from the date of issue of the quotation. 5.4 Accpetance by the Customer including the Terms and Conditions of Trade by payment of any specified deposit.
5.5 Once an order for Products has been placed with the Company, the customer may not cancel the order without written consent of the Company which may be given subject to various terms, for example, the Company may charge the Customer for any additional costs as a result of such cancellation.


6.1 The Products remain at Aluminim City's risk until delivery to the Customer.
6.2 Delivery of Products shall be deemed complete when Aluminium City gives possession of the Products directly to the Customer or possession of the Products is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.


7.1 Delivery shall be made to the place indicated by the quotation and if no place shall be indicated than delivery shall be made at the Company's premises. If the Customer fails or refuses to take or accept delivery the delivery shall be deemed to have taken place when the Company was willing and able to effect delivery. Delivery times are approximate and the Company is not liable for delay.


8.1 No claim relating to Products will be considered unless made in writing within seven (7) days of delivery/installation.


9.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Aluminium City which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed onAluminium City ,Aluminium City’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
9.2 Except as otherwise provided by clause 12.1 above Aluminium City shall not be liable for:
9.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods by Aluminium City to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Aluminium City to the Customer; and
9.2.2 The Customer shall indemnify Aluminium City against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Aluminium City or otherwise, brought by any person in connection with any matter, act, omission, or error by Aluminium City its agents or employees in connection with the Products.


10.1 Manufacturer’s warranties may apply.


11.1 If you are a commercial Customer that will be on-selling Products supplied by the Company to any person or entity who or which is a consumer you agree to:
11.1.1. Contract out of the Consumer Guarantees Act.
11.1.2 Require your Customer to contract out of the Consumer Guarantees Act in respect of any further sales of their Products (other than for sale to the consumer) and to require any sub- seller(s) to do the same.
11.1.3 You also agree to not make any warranty inconsistent with the terms; and
11.1.4 You indemnify Aluminium City for any damages or costs suffered as a result of your failure to comply with this Clause 15.1.


12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products from Aluminium City for the purposes of a business in terms of section 2 and 43 of that Act.


13.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Aluminium City agreeing to supply Products and/or grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Aluminium City the payment of any and all monies now or hereafter owed by the Customer to Aluminium City and indemnify Aluminium City against non-payment by the
Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.


14.1 The Customer agrees that Aluminium City may exercise a general lien against any goods and services or property belonging to the Customer that is in the possession of Aluminium City for all sums outstanding under this contract and any other contract to which the Customer and Aluminium City are parties.
14.2 If the lien is not satisfied within 7 days of the due date Aluminium City may, having given notice of the lien at its option either:
14.2.1 Remove such goods and services and store them in such a place and in such a manner as Aluminium City shall think fit and proper and at the risk and expense of the Customer; or
14.2.2 Sell such goods and services or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and the costs of sale with out being liable to any person for damage caused.


15.1 Failure by Aluminium City to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Aluminium City has under this contract.
15.2 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.3 The Law of New Zealand applies to his contract.