Terms & Conditions

Version 1.1 — Effective from 13 January 2024
Contact: info@uni-bev.com

These terms and conditions apply to ARKM Group Ltd and its subsidiaries and related entities, including but not limited to CIC Chillers, Uni-Bev, Meheen Service & Repair, and Mex CO2 Recovery (collectively referred to in this policy as “we”, “us”, or “our”) and “you” to refer to our customer. By agreeing to acquire goods (and any associated services) from us, you agree to these Terms to the exclusion of your terms (if any).

1.0 DELIVERY

1.1 Unless we agree otherwise, delivery will be completed when the Goods are made available for collection from our outwards goods loading bay or from our Suppliers site notified to you.

1.2 We may charge you storage and transportation expenses if you fail or refuse to take or accept delivery or indicate to us that you will fail to do so.

1.3 We reserve the right to deliver Goods by instalments. 1.4 If we have given you a time for Delivery or installation of the Goods (or any part of them), such time is approximate only and is not deemed to be of the essence.

2.0 INSTALLATION

2.1 If we agree to install Goods for you, we do so on the basis that it is your responsibility to:

(a) promptly provide all necessary plant, materials, services and other resources necessary to enable us to carry out the installation;

(b) promptly obtain any necessary consent, approval, permit, licence or authorisation to enable us to carry out the installation;

(c) ensure that the premises and foundations are structurally sound and in a proper condition for the installation to proceed; and

(d) to provide safe and secure onsite storage for materials and accessories supplied and used by us, our employees and contractors.

(e) To provide safe, secure and uninterrupted continuous access for us, our contractors and employees to the site where the goods are to be installed.

2.2 You must advise us promptly of any decision or instruction that needs to be made or given before we are able to proceed with the installation.

3.0 TITLE AND RISK

3.1 We shall retain title to Goods we supply until they have been paid for in full and you have performed all your other obligations under these Terms.

3.2 Risk in all Goods passes to you when the Goods are Delivered. You shall insure Goods for their full price, and shall not sell, dispose or part with possession of them or do anything else inconsistent with our ownership of the Goods, from Delivery until title in them passes to you.

3.3 You shall bear the risk of any damage to the Goods during transportation and installation carried out at your premises (except to the extent the damage has been caused by or contributed to by our negligence).

4. PRICE

4.1 All prices are plus GST and other taxes and duties, which shall be paid by you and are in New Zealand dollars unless we agree otherwise.

4.2 Our prices are subject to change without notice.

4.3 Unless we agree otherwise in writing, the amount you will be charged will be the price as at the date of Delivery.

4.4 If we provide a quotation to you, it is based on information available to us at that time and we may charge you more than the amount quoted if our costs (e.g. the cost of labour, materials, transport, tax, exchange rates or other costs) or the specifications change. Unless otherwise agreed in writing, prices are quoted exclusive of GST.

5.0 PAYMENT

5.1 You must pay for Goods in full prior to their Delivery, unless we decide otherwise.

5.2 We may require you to pay a deposit, being an advanced payment for Goods supplied before those Goods are delivered.

5.3 We are under no obligation to supply Goods to you on credit. If we grant you credit, you agree to pay our invoices within 14 days after the date of the invoice.

5.4 You agree to give any further securities as we may from time to time require, in the form required by us, and to comply with all of your obligations under those securities.

5.5 We may notify you at any time that we are going to stop supplying Goods to you on credit. This shall be without prejudice to your obligation to pay amounts owing.

5.6 All payments shall be made without set-off or deduction. Receipt of a cheque, bill of exchange, or other negotiable instrument will not constitute payment and you remain liable for payment until payment is received by us.

5.7 In the case of export sales, payment must be made by confirmed irrevocable letter of credit unless we agree otherwise. Letters of credit shall be established through a first class bank and be irrevocable, confirmed and without recourse available for our draft at sight and otherwise in a form satisfactory to us. 5.8 We may apportion payments to outstanding accounts as we see fit.

6.0 DEFAULT

6.1 You will be in Default if:

(a) you fail to pay an amount due under these Terms by the due date for payment; or

(b) you commit a breach of any of your other obligations under these Terms, the Security or the terms of any other contract you have entered into, or enter into in the future, with us or one of our related entities; or

(c) you become insolvent, are wound up, have a receiver appointed, enter into any composition or arrangement with your creditors, do any act which would render you liable to be placed in liquidation or have a receiver appointed over your property, commit an act of bankruptcy, cease to be of full legal capacity, or die;

(d) Goods that we have retained title to are at risk; or

(e) an event or a series of events (whether related or not) occurs which, in our opinion, may cause a material adverse change in your ability to meet your obligations to us.

6.2 If you are in Default then we may, at our option, do any one or more of the following:

(a) charge you default interest at 15% per annum on any late payments calculated on a daily basis from the due date until the date payment is received; (b) require you to remedy the default in the manner and within the period that we tell you;

(d) suspend or terminate your account with us;

(e) enforce security interests created by these Terms;

(f) exercise any rights that we have under these Terms or that are available to us at law.

6.3 We may suspend or terminate your account with us at any time in our sole discretion. If your account is terminated, you must immediately pay us any amount you owe us. Termination will not affect any of our rights that have arisen before termination.