TERMS OF TRADE

 

 

1. Definitions

   1. “Contract” means the terms and conditions set out henceforth.

   2. “Supplier” means Blacklight NZ Ltd, trading as Blacklight, its successors and assignees or any individual acting on behalf of, and with the authority of, Blacklight NZ Ltd. The terms Supplier, Blacklight NZ Ltd. and Blacklight may be used interchangeably within this document.

   3. “Customer” means the person, persons, company or companies buying the Goods and/or hiring Equipment or Services, as specified in any invoice, document or order. Should there be more than one Customer, then this a reference to each Customer jointly and severally.

   4. “Goods” means all Goods supplied by the Supplier to the Customer at the Customer’s request from time to time. The terms “Goods” and “Services” shall be used interchangeably so far as the context permits.

   5. “Services” means all “Services” undertaken by the Supplier to the Customer at the Customer’s request from time to time. The terms “Services” and “Goods” shall be used interchangeably so far as the context permits.

   6. “Equipment” means all Equipment including any accessories supplied on hire to the Customer by the Supplier, this shall extend to the supply of Service’s so far as the context permits. The Equipment shall be as specified in any the invoice, quotation, order, document, authority to hire, or any other work authorisation form as provided by the Supplier to the Customer.

   7. “Price” means the Price payable for the Goods, Services and/or Equipment hire as agreed between the Supplier and the Customer.

2. Acceptance

   1. The Customer is taken to have exclusively accepted, and is immediately bound both jointly and severally, by these terms and conditions if the Customer places an order for, or accepts delivery of, the Goods, Services, and/or Equipment. The Customer becomes liable for the account in full at this time.

   2. These terms and conditions may only be amended with the written consent of both parties. These terms and conditions shall prevail in the event of any inconsistency with any other document or agreement between the Customer and the Supplier.

   3. The Supplier may amend these terms and conditions at any time, at the Suppliers sole discretion by posting an update to its website (www.blacklightgroup.co.nz).

   4. Notwithstanding clause 2.3, the Customer will continue to be subject to these terms and conditions as in effect at the time the Customer places an order for or accepts delivery of the Goods and/or Equipment. Any amended terms and conditions shall only apply to any new Contracts for the sale and/or hire of Goods and/or Equipment entered into between the Supplier and Customer.

3. Ownership

   1. In the event of a supply Contract, ownership and title to all Goods remains with Blacklight and does not pass to the Customer until payment is made in full.

   2. In the event of a hire Contract, the title for all Equipment hired remains the absolute property of Blacklight at all times.

4. Hire

   1. The Customer is responsible for any loss and/or damage of the hire Equipment supplied.

   2. Replacement costs for lost Equipment, and/or repair costs for damaged Equipment is payable by the Customer.

   3. For a single day hire, the hire period begins at 12 noon and ends at 10am the following day.

   4. For a multi-day hire, the hire period begins at 12 noon on the day of first day of hire and ends at 10am the last day of the hire.

   5. Equipment may be subject to minimum and/or maximum hire periods.

   6. The Customer shall not be entitled to a refund, in full or part, of any hire fees should they choose to return the Equipment prior to the end of the hire period specified in the quotation or invoice.

   7. Hire fees remain ongoing and effective for the entire period that Equipment is not available for hire to other Customers.

   8. Equipment returned after the end of the hire period specified in the quotation or invoice shall be subject to a penalty charge at the standard day rate plus 25%, payable for each day, or part thereof, the Equipment is returned late.

   9. Equipment returned in soiled condition will attract a cleaning charge, charged on a time and cost basis at the prevailing technical labour rate.

   10. Blacklight does not give any warranty, expressed or implied, that the Equipment supplied, its function, rating, or performance is fit for the purpose for which you hire it.

   11. While every endeavour is made to supply the Equipment as ordered, we reserve the right to substitute Equipment where necessary, and for any reason, without prior notification.

   12. Blacklight shall not be responsible for any delays, accidents or loss or damage of any kind whether direct, indirect or consequential which may arise through defects or breakdowns of the Equipment supplied.

5. Prices

   1. “For fixed Price contracts all Goods and Services will be charged at rates agreed by these terms.

   2. For time and cost contracts all Goods and Services will be charged at rates applicable at the date of billing.

   3. The Customer must pay the prices charged.

   4. Unless otherwise stated all prices are inclusive of GST and other taxes which must be paid by the Customer. Blacklight NZ Ltd. Is not GST registered.

   5. Discounts provided, if any, are at the sole discretion of Blacklight, and may be amended or removed at any time. Blacklight need not provide advanced warning of changes to discount structures.

   6. Blacklight may require a deposit to secure Goods and/or Services. The deposit value is 50% of the total Contract value and is non-refundable in the event of Contract cancellation by the Customer.

   7. The Customer is responsible for all freight costs and insurance charges, whether known at the time of quotation or not.

   8. The Price for hire of Equipment and/or Services shall be either as stated on the quotation, or, if no quotation is provided, as detailed in the standard Blacklight Price list applying at the time of supply.

   9. The standard pricelist may be updated at any time and without notice.

   10. Quotes remain valid for 20 business days from the time of issue, with the exception of any cable prices quotes.

   11. Quoted cable prices remain valid for 5 business days from the time of issue due to market volatility.

   12. Quotes which include materials, Goods, and/or Equipment sourced from outside of New Zealand, and are therefore subject to fluctuations of the New Zealand Dollar in the currency markets will be charged based on the posted exchange rate on the day of order confirmation.

   13. For quotes which include international freight for materials, Goods, and/or Equipment sourced from outside of New Zealand, and are therefore subject to fluctuations in international freight rates will be charged based on the actual freight costs incurred at the time of order confirmation.

   14. Quotes are based on information supplied, and cover the Goods, Equipment, and/or Services detailed. Additional Equipment, materials, and/or labour required will be charged at current rates.

   15. The Customer is responsible for travel expenses associated with the project, including time spent traveling between the Blacklight workshop and project site, and any time spent in acquisition of materials required.

   16. Delivery charges are provided as an estimate only. Final charges will be assessed following delivery of Goods and/or Equipment.

6. Payment

   1. Blacklight will provide invoices for all Goods and Services provided.

   2. Payment is due on pickup or delivery of Equipment by cash or online payment – online payment is the preferred payment method.

   3. Payment within seven days following the hire can be made by prior arrangement.

   4. Payment on the 20th of the month following the invoice date is only available pre-approved customers.

   5. If payment is not received within the agreed timeframes then Blacklight reserves the right to suspend or terminate supply and/or works without penalty.

   6. Payments are to be for the full amount, without setoff, reduction, or counter claim.

   7. Late payment interest is payable at a rate of 15% per month compounding, accrued on a daily basis from the due date, plus any administrative and/or recovery expenses. Late payment interest is payable on demand.

7. Delivery

   1. Delivery is defined as the time whereby possession of the Goods or Equipment passes to the Customer, a person nominated by the Customer, or when a freight provider provides confirmation of delivery.

   2. Risk for Goods and/or Equipment passes to the Customer at time of delivery.

8. Insurances

   1. Equipment is not insured by the Supplier while on hire, insurance is the responsibility of the Customer. We recommend that you check your existing policy to confirm the extent of coverage for hired Equipment, contact your insurance company for more information.

   2. Customer owned Equipment is not insured by the Supplier while in the Supplier’s possession for service, repairs, maintenance or any other reason. Insurance is the responsibility of the Customer. We recommend that you check your existing policy to confirm the extent of coverage for Equipment, contact your insurance company for more information.

   3. Event insurance, including but not limited to; public liability, property damage, fire, theft, motor vehicle and medical is the sole responsibility of the Customer.

9. Site Access

   1. For the purposes of this clause, a site is defined as any space outside of the Blacklight workshop.

   2. The Customer will provide Blacklight with full site access to all areas deemed necessary (by Blacklight) to carry out the Services and will ensure that the site is safe and secure.

   3. The Customer shall provide Blacklight with all required access credentials, including but not limited to; keys, pin codes, access cards/fobs, badges, and alarm codes required to enable free movement by Blacklight to the site. Sufficient quantities of access credentials shall be provided, as notified by Blacklight, at the customers cost.

   4. If Blacklight believes that a site is unsafe, then work may be suspended (at Blacklights discretion) until the Customer makes the site safe.

   5. The Customer remains responsible for any and all Blacklight costs associated with a standdown in the event of an unsafe site.

   6. Blacklight holds no liability for missed deadlines, damages or client costs of any kind as the result of a standdown.

10. Costs

    1. The Customer is responsible for paying all of Blacklights costs of, and incidental, to the enforcement or attempted enforcement by Blacklight of its rights, remedies and powers under these terms. Such costs may include, but not be limited to, administrative costs, debt collection costs, and legal costs.

11. Credit Limits

    1. Where Blacklight has extended credit to a Customer, Blacklight may restrict or alter the amount of credit provided at its sole discretion, and without prior notice.

    2. Where a Customer obtains credit in excess of any limit defined by Blacklight, the Customer will be liable for immediate payment in full for any excess amount owing.

12. Limitation of Liability

    1. Blacklight shall not be held responsible for any damage caused to either Goods supplied, or any other Goods, resulting from a malfunction, if:

       1. The Goods are fitted by someone other than Blacklight; and

       2. That person is not suitably qualified; or

       3. The Goods are not fitted to a good trade standard; or

       4. The Goods are in any way adapted to a use for they are not specifically intended; or

       5. The Goods are added to or repaired using components not recommended or approved by the manufacturer.

    2. Blacklight has no further liability or responsibility for any direct, indirect or consequential injury, loss or damage arising from any supply of Goods, Equipment, and/or Services.

    3. In any event, damages for faulty Goods, Services and/or Equipment shall be limited to the purchase Price of those Goods or the value of the Services contracted.

13. Consumer Guarantees Act 1993 (“CGA”)

    1. Where the Customer is a consumer under the CGA who acquires Goods, Services and/or Equipment other than for the purpose of business, then these Terms and Conditions will also be subject to the provisions of the CGA.

    2. Where Goods, Services, and/or Equipment are supplied for business purposes, the Customer agrees that the provisions of the CGA do not, and will not apply.

14. Bailment

    1. Any Goods, and/or Equipment left with Blacklight for service, repair, maintenance, and/or storage shall be held by Blacklight as bailee in possession.

    2. The risk of damage of any such items and/or Equipment shall remain at all times with the Customer and the Customer is required to maintain insurance policies over those items while they are in Blacklights possession.

    3. If the Customer defaults in payment on the costs of service, repair, maintenance, and/or storage, Blacklight shall be entitled to, having provided written notice to the Customer at their last known address, cancel the bailment, take possession of and sell the items and/or Equipment and direct the proceeds of such sale to the recovery of all costs incurred by Blacklight. Costs include, but are not limited to, the cost of service, repair, maintenance, and/or storage, administrative costs in relation to the same, debt collection costs, legal costs, and any other costs incurred by Blacklight as a result of the default.

15. Miscellaneous

    1. These Terms and Conditions form the sole and entire agreement between Blacklight and the Customer, they supersede all prior representations, agreements or other communications made by Blacklight.

    2. Should any part of these Terms and Conditions be deemed to be illegal, unenforceable or invalid, that part is to be treated as modified or removed to the extent required to make it effective. The rest of these Terms and Conditions are not affected and remain enforceable.

    3. These terms shall be interpreted in accordance with, and governed by, the laws of New Zealand. The New Zealand Courts shall have exclusive jurisdiction in respect of all matters associated with these terms and conditions.

    4. All costs presented are in New Zealand Dollar

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Version 01 Updated 30 October 2025