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Terms and Conditions

1. Definitions

“Seller” shall mean Stirling Real Estate Limited Licensed REAA 2008 and its successors and assigns, whether acting for itself or as agent.

“Buyer” shall mean the tenant or buyer or any person or persons acting on behalf of and with the authority of the tenant or buyer.

“Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer.

“Goods” shall mean any goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).

“Services” shall mean all services supplied by the Seller to the Buyer.

“Price” shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.

2. Acceptance

Any instructions received by the Seller from the Buyer for the supply of Goods shall constitute acceptance of the terms and conditions contained herein.

Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.

Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Director of the Seller.

3. Goods / Services

The Goods and/or Services are as described on the Tenancy Agreements, invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.

4. Price & Payment

The Price shall be as indicated on Tenancy Agreements or invoices provided by the Seller to the Buyer in respect of Goods supplied.

Time for payment for the Goods/Services shall be of the essence and will be stated on the Tenancy Agreement,  invoice, quotation or any other order forms.

Payment will be made by direct credit, or by cash, or by bank cheque, or any other method as agreed to between the Buyer and the Seller.

Prices are in New Zealand dollars plus GST (if any).

5. Delivery Of Goods

Delivery of the Goods shall be made to the Buyer’s address. If the goods comprise rental then delivery shall be deemed to have been effected by the Buyer occupying, or arranging to have the premises occupied.

6. Default & Consequences Of Default

Interest on overdue invoices and rentals shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and shall accrue at such a rate after as well as before any judgement.

The Seller shall be entitled to charge an Administration Fee or 10% plus GST of the amount of any debt, such Administration Fee shall not exceed $200 plus GST.

The Sellers agent shall be entitled to charge a collection fee of 20% plus GST to the Buyer for any outstanding amounts collected from Buyer.

If the Buyer defaults in payment of any invoice or rental when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including solicitors cost, and in addition all costs of collection.

7. Privacy Act 1993

The Buyer authorises any person or company to provide the Seller with such information as it may require in response to its enquiries of the Buyer.

The Buyer authorises the Seller to furnish to any third party details of any applications, and any subsequent dealings that the Buyer may have with the Seller.

8. Unsolicited Electronic Messages Act 2007

The Buyer authorises the acceptance of any electronic messages sent by the Seller in regard to any purchase made by the Buyer from the Seller.

9. Review Of These Terms And Conditions

The Seller may review and amend these Terms and Conditions at any time. Delivery to the Buyer and acceptance of any changed Terms and Conditions shall constitute full acceptance of any changes to these Terms and Conditions.

10. Jurisdiction

Jurisdiction for any residential rentals shall be as per the Residential Tenancies Act 1986.

These terms and conditions are governed by, and are to be interpreted in accordance with, the laws of New Zealand and the courts of New Zealand shall have exclusive jurisdiction.




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