Standard Trading Terms

"Goods" means equipment, machinery, pump trucks, parts and accessories supplied by PS Equipment. "Services" means builds, fit-outs, commissioning, certification support, technical advice and after-sales work. "Customer" means the party to whom we supply Goods or Services. "Order" means a request to purchase Goods or Services accepted by PS Equipment.

These terms apply to every Order and supersede any prior terms. Any terms proposed by the Customer (including on purchase orders) that conflict with these terms are excluded unless expressly accepted by PS Equipment in writing. Placing an Order constitutes acceptance of these terms.

Quotes are valid for 30 days unless stated otherwise and are subject to stock and supplier availability at the time of Order confirmation. Specifications, drawings and weights provided are indicative; minor variations consistent with the manufacturer's specification are permitted.

An Order is binding once PS Equipment has issued a written acknowledgement or sales contract. Cancellation of confirmed Orders for machinery, builds or special-order parts may incur cancellation, restocking and supplier charges.

Prices are quoted in New Zealand Dollars and exclude GST unless stated. Freight, insurance, on-site delivery, commissioning, training, certification and engineering sign-off are quoted separately.

Prices for indent and imported Goods may be adjusted prior to despatch to reflect changes in supplier prices, exchange rates, duties, levies or shipping costs. PS Equipment will notify the Customer of any material adjustment before invoicing.

Unless otherwise agreed in writing:

• A non-refundable deposit is required to confirm machinery orders and builds.
• Progress payments may apply to builds and fit-outs.
• Balance is payable in cleared funds prior to despatch or collection.
• Approved credit accounts: payment is due by the 20th of the month following the invoice date.

Overdue accounts may incur default interest at 1.5% per month (or part month) and all costs of recovery (including legal costs on a solicitor/client basis and collection agency fees). PS Equipment may withhold further supply while any amount is overdue.

Delivery dates are estimates only and are not of the essence. PS Equipment will not be liable for any loss arising from delay. The Customer must inspect Goods on delivery and notify PS Equipment of any shortage, damage or non-conformity within 7 days; otherwise Goods are deemed accepted.

Risk in the Goods passes to the Customer on delivery or collection. Insurance from that point is the Customer's responsibility.

Title in the Goods does not pass to the Customer until PS Equipment has received payment in full of all amounts owing on any account. Until then the Customer holds the Goods as bailee, must keep them identifiable and insured, and must not on-sell, encumber or part with possession without PS Equipment's written consent.

These terms create a security interest under the Personal Property Securities Act 1999 (PPSA) over all Goods supplied (and their proceeds). The Customer agrees PS Equipment may register a financing statement, waives the right to receive a verification statement under section 148, and contracts out of sections 114(1)(a), 133 and 134 of the PPSA. The Customer must do all things reasonably required to enable PS Equipment to perfect and enforce its security interest.

New Goods are supplied with the original manufacturer's warranty, the terms of which prevail. PS Equipment will assist the Customer to make valid warranty claims with the manufacturer.

Warranty does not cover: normal wear and tear; consumables and wear items (including hoses, seals, pistons, rams, S-tubes, wear plates and rings); damage caused by misuse, overloading, accident, neglect, incorrect installation or operation, lack of servicing, use of non-genuine parts, or modifications not authorised in writing by PS Equipment or the manufacturer; or any equipment that has been repaired by an unauthorised party.

Used and refurbished equipment is sold as inspected. Any warranty on used equipment is as expressly stated in the sales contract.

Special-order, indent and custom-built items are non-returnable. Stock parts may be returned within 14 days of delivery, unused and in original packaging, subject to a restocking fee of up to 20%. Freight on returns is at the Customer's cost unless the return relates to a PS Equipment error or a confirmed warranty claim.

Where the Customer acquires Goods or Services for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 does not apply, and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 are contracted out of to the extent permitted by law. The parties agree it is fair and reasonable to do so.

Nothing in these terms limits any rights the Customer has under that legislation where it cannot lawfully be excluded.

To the maximum extent permitted by law, PS Equipment's total liability arising out of or in connection with the supply of any Goods or Services is limited, at PS Equipment's option, to repair, replacement or refund of the price paid for the relevant Goods or Services.

PS Equipment is not liable for any indirect or consequential loss, including loss of profit, loss of revenue, loss of contract, loss of production, downtime, plant hire, site standby, or any third-party claims.

The Customer is responsible for safe operation of the Goods on its sites, for compliance with the Health and Safety at Work Act 2015, and for ensuring operators are trained and (where required) certified. PS Equipment will provide reasonable safety information and operator guidance with new machinery.

All drawings, specifications, manuals, technical information and designs provided by PS Equipment remain our property (or that of the relevant manufacturer) and must not be copied, disclosed or used for any purpose other than operation and maintenance of the Goods supplied.

PS Equipment is not liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, severe weather, pandemic, war, civil unrest, strikes, shipping delays, supplier failure, import restrictions or changes in law.

Personal information collected in connection with these terms is handled in accordance with our Privacy Policy and the Privacy Act 2020. The Customer authorises PS Equipment to obtain credit references and to disclose credit information to credit reporting agencies where credit is sought.

These terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.

If any provision of these terms is held invalid or unenforceable, the remainder continue in full force. A waiver by PS Equipment of any breach is not a waiver of any other breach. PS Equipment may update these terms from time to time; the version in force at the date of the Order applies.