LEGAL

Frontline Services Terms & Conditions of Trade

1. Definitions

1.1 “Frontline Services” shall mean Frontline Services Limited and its related entities, acting jointly or severally.
1.2 “Customer” refers to any person purchasing from or acting on behalf of the Customer.
1.3 “Products” include:

  • All goods supplied by Frontline Services.
  • All services listed in quotes or invoices.
  • All items marked as supplied by Frontline Services.
  • Any Customer property that Frontline Services has worked on or incorporated materials into.

1.4 These descriptions may overlap and do not limit each other.

1.5 “Products and Services” include:

  • Supply, installation, servicing, or repair of access, civil, marine, and material handling equipment.
  • Six-month certifications.
  • Charges for labour, hire, insurance, or any other related fees.

1.6 “Inventory” is defined by the PPSA.

1.7 “PPSA” means the Personal Property Securities Act 1999.

1.8 “Price” is the agreed cost, including disbursements.

2. Acceptance

2.1 All Products and Services are subject to these Terms unless otherwise agreed in writing.

2.2 Supplying, accepting, or requesting services forms a binding contract under these Terms.

3. Collection and Use of Information

3.1 The Customer allows Frontline Services to collect and use their information for credit checks, enforcement, or marketing.

3.2 This information may be shared with relevant parties.

3.3 These are valid consents under the Privacy Act 1993.

4. Price

4.1 Quoted prices may change before delivery due to cost changes or variations.

4.2 Freight, travel, and insurance are additional unless agreed otherwise.

4.3 GST is added on top of all prices.

4.4 If no price is agreed, the current standard rate applies.

5. Payment

5.1 Payment is due:

  • At delivery;
  • Before collection;
  • Within 7 days of invoice;
  • Or by the 20th of the month following invoice.

5.2 Deposits must be paid before services begin.

5.3 If unpaid:

  • All amounts become immediately due.
  • Supply may be withheld.
  • 18% interest may apply.
  • Collection and legal costs will be charged.
  • Set-off rights apply, but the Customer must pay in full.

6. Quotation

6.1 Quotes are valid for 30 days and exclude GST unless noted.

6.2 Quotes may be withdrawn or changed if needed.

7. Title and Security (PPSA)

7.1 Title remains with Frontline Services until full payment is made.

7.2 Mixed or affixed Products remain subject to Frontline’s title rights.

7.3 Frontline may repossess Products after or in anticipation of default.

7.4 The Customer waives notice rights under PPSA.

7.5 Defaults include:

  • Late payment;
  • Indications of non-payment;
  • Seizure or damage;
  • Bankruptcy, liquidation, or court judgment.

7.6 The Credit Repossession Act applies if relevant.

8. Liens

8.1 Goods delivered to or held by Frontline Services for servicing are subject to a lien for sums owed by the Customer.

8.2 If payment is overdue by more than 3 months, Frontline may sell the goods and deduct amounts owing from the proceeds.

9. Liability

9.1 The Consumer Guarantees Act 1993 and the Fair Trading Act 1986 may imply non-excludable conditions. Frontline’s liability under these statutes is limited to the minimum extent required.

9.2 Frontline is not liable for any loss or damage arising from the supply of Products and Services, including consequential loss.

9.3 The Customer indemnifies Frontline against all claims and losses caused by the actions of Frontline, its agents or employees.

9.4 If Frontline is deemed liable, it may, at its discretion:

  • Replace or repair the defective Products; or
  • Refund the purchase price.
  • 9.5 Frontline is not liable for delays in repair.

10. Warranty

10.1 Warranty details are available on request.

10.2 All warranties are excluded unless provided in writing.

10.3 Any written warranty forms part of these terms and conditions.

11. Consumer Guarantees Act

11.1 The Consumer Guarantees Act does not apply where the Customer acquires Products and Services for business purposes.

12. Personal Guarantee

12.1 If the Customer is a company or trust, directors or trustees signing this agreement also personally guarantee all payments and indemnify Frontline against non-payment.

12.2 This personal liability does not exclude the company or trust from its obligations. All parties are jointly and severally liable.

13. Cancellation

13.1 Orders may not be cancelled without Frontline’s written consent. Deposits may be retained.

13.2 Frontline may cancel accepted orders if fulfilment becomes impractical or information provided by the Customer is materially incorrect.

14. Miscellaneous

14.1 Frontline is not liable for delays or failure to perform due to causes beyond its control.

14.2 Failure to enforce any part of this contract does not waive the right to enforce it later.

14.3 If any provision is invalid or unenforceable, the rest of the contract remains in effect.

14.4 Variations to these terms must be in writing.

14.5 This agreement is governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction.