Terms & Conditions

1. DEFINITIONS:

1. PURCHASER shall mean solely the person entering a contract with the SUPPLIER through such means as entering an agreement by way of a sales and purchase agreement or email or text or all or any of the means explained herein. The PURCHASER in some instances may also be applied to people who meet the SUPPLIER and voluntarily pass their private information. See 9(a)
2. SUPPLIER shall mean the company in trade (Beil Solutions Ltd trading as BDVAir Home Ventilation).
3. SERVICES shall mean all goods and services supplied by the SUPPLIER including all product, parts and incidentals pertaining to the goods, services such as communications on advice, inspections, opinions, quotes and installs and any other activity involving the SUPPLIER.
4. PRODUCT shall mean all goods, systems, parts and incidentals pertaining to work in trade carried out by the SUPPLIER.
5. CONTRACT shall mean an agreement between the PURCHASER and the SUPPLIER _for the SUPPLIER to offer SERVICES for an agreed price to the PURCHASER. This CONTRACT can be entered into by way of a Sales and Purchase agreement, email or text. For the purposes of the email or text, both parties need to acquiesce in response to one another.

2. QUOTE:

1. The QUOTE will be valid for 20 days from the date issued by agreement of both PURCHASER AND SUPPLIER.
2. The QUOTE can be in the form of a sales agreement where it explicitly states it is a QUOTE, email, or text.
3. The QUOTE is given on the consideration there are no circumstances which may have increased the price if the SUPPLIER was aware of it at the time of compiling the price. If such arises from circumstances unknown to the SUPPLIER, then the SUPPLIER can adjust the QUOTE after the fact.
4. After the QUOTE has been given, the PURCHASER can enter into an agreement of sale with the SUPPLIER by either sales and purchase agreement, email, or text. Such agreement will be binding on both parties except for clause 2(c)

3. PRICE:

1. The PRICE is the monetary amount as described in the sales and purchase agreement and will include Goods and Services Tax unless otherwise stated.
2. Should between the time of the sales agreement and the delivery of the SERVICES, prices to the SUPPLIER increase, the SUPPLIER can increase the price and or QUOTE accordingly. The PURCHASER can cancel the contract within 7 days of having been notified by the SUPPLIER of any increase. Such notification must be in writing or email or text and proof of such must be available and acquiesced by both SUPPLIER and PURCHASER.

4. PAYMENT:

1. On agreeing on a price and entering a CONTRACT (1(e)) the PURCHASER agrees to pay a 30% deposit immediately.
2. The balance of payment, the PURCHASER agrees to pay on completion of the SERVICES in most cases installation of the PRODUCT. This also is to be paid immediately on completion.
3. PAYMENT can be made by way of eftpos transaction, bank transfer or any other method agreed to at the time of entering the CONTRACT. Cheques are no longer accepted as they are not accepted by the SUPPLIERS Bank – Kiwi bank. This is out of the SUPPLIERS control.
4. Payment by credit card or by Finance will incur a 3% administration fee.
5. Late PAYMENT if not discussed with the SUPPLIER prior to completion of the SERVICES may incur a 2.5% default interest on the outstanding amount owing per month or part thereof.
6. Any outstanding debts requiring collection which incur costs to the SUPPLIER may be passed on to the PURCHASER plus any administration costs incurred during this process.

5. TITLE OF GOODS:

1. The title and or ownership of all goods and services supplied by the SUPPLIER to the PURCHASER, remain in ownership of the SUPPLIER until such Goods and Services are paid for in full.

6. RETURN OF GOODS:

1. The PURCHASER shall be protected by the conditions under the Fair-Trading Act 1986 and the Consumer Guarantees Act 1993.
2. Should for whatever reason the GOODS be removed whereby they are permanently installed, they will be removed by the SUPPLIER and the SUPPLIER shall not be liable for any reinstatement to the premises.
3. Should the GOODS be removed for no reason attributed to the SUPPLIER, the SUPPLIER shall be paid a 15% removal fee.

7. WARRANTY:

1. The WARRANTY applicable to the GOODS will be separately endorsed on the CONTRACT.
2. The PURCHASER agrees to any conditions applicable to endorse the WARRANTY. Failure to comply with the WARRANTY conditions will void the WARRANTY.
3. The WARRANTY terms and conditions are detailed on the WARRANTY card for the itemised GOODS.
4. The WARRANTY only applies to the PURCHASER and is not transferable unless agreed to by the SUPPLIER

8. SYSTEM PERFORMANCE:

1. The SUPPLIER guarantees the performance of the GOODS however under certain conditions out of the control of the SUPPLIER, the performance may be inhibited to such an extent to render the performance unsatisfactory. The SUPPLIER cannot be held responsible for poor performance under these conditions. Conditions such as: rising damp, cavity house, leaking roof, saturated tile roof, insufficient heating, poor performing extraction fans or none, no or poorly fitted ground vapour barrier, pelmets, unflued gas heating, gas cooking, excessive indoor plants, fish tanks and people overcrowding.
2. As in 8(a) other building or construction faults which affect the SYSTEM PERFORMANCE.
3. In any case of poor SYSTEM PERFORMANCE, the SUPPLIER must be given reasonable opportunity to assess and determine why and be given reasonable opportunity to modify or rectify any issue which may be the cause.
4. The PURCHASER acknowledges that in the event the SUPPLIER has discussed any factors, some may be in 8(a), that may give cause to poor performance, the PURCHASER will not hold the SUPPLIER liable.

9. INSTALLATION:

1. For an installation of any SERVICES there must be reasonable access to the place of installation typically the ceiling cavity in which case a suitable manhole must be accessible and of such size and situation to allow access of installers and PRODUCT. If reasonable access cannot be gained, it is the responsibility of the PURCHASER to either have the manhole modified, replaced, or relocated. This is not covered under the QUOTE, and it is at the cost of the PURCHASER unless otherwise discussed prior to installation and other arrangements are made with the SUPPLIER.

10. DAMAGE TO PROPERTY:

1. The SUPPLIER will take every endeavour and care while carrying out SERVICES at the property or premises however sometimes due to state of neglect and or poor construction or bad design, damage may occur for no fault of the SUPPLIER. This may be typically cracked gib joins in the ceiling, sag to the ceiling or similar. In the unlikely event damage happens to the property or premises during the installation, the SUPPLIER will not take carte blanche liability on remedying such damage. It will be accepted that the PURCHASERS insurance will cover any damage should it occur. If the damage is caused from carelessness, then the SUPPLIER may pay the PURCHASERS insurance excess. In any event where a dispute arises as to the cause of any damage then the dispute will be handled by an independent mediator.

11. PURCHASERS INFORMATION:

1. PURCHASERS are required to furnish private information for sale and purchase, quotes and for general enquiry reasons. This information is stored by the SUPPLIER in a secure database. This database will not be passed on to third parties and will only be used for the purposes of conducting business between the SUPPLIER and the PURCHASER.

12. PURCHASERS OBLIGATIONS:

1. In entering a CONTRACT with the SUPPLIER, it is accepted the PURCHASER has read, understands and agrees to the TERMS AND CONDITIONS OF SALE AND TRADE as a normal part in carrying out sufficient due diligence prior to an agreement or CONTRACT.