Definitions

1. ‘Agreement' refers to these terms and the Schedule details attached to these terms.

2. ‘Customer' means the Customer named in the Agreement and where the Customer comprises two or more persons, means those persons jointly and severally.

3. ‘Goods' means any goods provided by MF King.

4. ‘Services’ means any services performed by MF King.

5. 'MF King’ means MF King Engineering Limited.

Pricing

1. All pricing is to be in the form of a current written quote, all other forms of pricing will be deemed to be an estimate only

2. Unless otherwise stated, prices are exclusive of GST and are ex MF King’s yard.

3. Where the price or quantity in the First Schedule is an estimate the price or quantity will not be binding on MF King.

4. Any freight or other charges incurred in the purchase and supply of Services and Goods will be at the Customers expense at the discretion of MF King.

Payment

1. All Goods and Services must be paid for in full prior to delivery/collection or by terms outlined in the final invoice.

2. MF King shall be entitled to charge interest at 28% per annum on all overdue amounts from the date payment was due until the date of actual payment.

3. All payments must be made free of any deductions, set off, counterclaim or condition of any kind.

4. Payments received by MF King shall be applied firstly in payment of interest and any costs incurred in debt recovery and then in reduction of principal.

Deposit & Progress Claims

1. MF King may require the customer to pay a deposit. If so, this will be noted prior to work starting.

2. MF King may require the customer to make progress claims throughout the contract period. If so, this will be noted in the form of a project contract.

3. Any deposit or Progress claim will be subtracted from the final payment claim.

4. Any Deposit or Progress claim must be paid within the agreed payment terms. Failure to do so may result in a temporary hold or complete cancelation of the contract.

Plans, Variations & Extra Costs

1. MF King may supply the customer with a set of plans for approval based on the agreed specifications. No work will commence until the customer has approved, signed, and returned the plans.

2. No variation to the specification sheets or designs attached to this Agreement shall be effective unless expressly agreed to in writing by MF King. Acceptance of any such variation shall be at MF Kings absolute discretion and may be subject to additional cost.

3. The customer will be liable for any extra costs outside the scope of the work in the specification. Including, without limitation to:

   1. Additional work due to unforeseen circumstances.

   2. Rework of design due to variations in supplied component plans and their real-life dimensions.

   3. Delays due to Customer not completing their obligations on time. 

   4. Contractor or supplier pricing changes outside of our control.

   5. Component changes due to stock supply issues.

   6. Freight charges outside of our control.

Consumer Guarantees Act 1993

1. Where Goods or Services are being supplied for the purposes of a business, the Customer agrees that the Consumer Guarantees Act 1993 will not apply.

2. Where the Customer purchases Goods for re-supply, the Customer's terms of trade must contain an equivalent provision to clause 1 above.

General Obligations

1. MF King will comply with your reasonable instructions. All Engineering Work will be carried out in a professional and workmanlike manner. We will comply with all engineering standards including the Health and Safety at Work Act 2015.

Warranties & Defects Period

1. All new Goods supplied by MF King are covered by a 12 month or 100,000km warranty on and subject to the terms included in the Owner’s Manual which may be supplied with the Goods.

2. Except as set out in point 1 above, all statutory, express, or implied warranties by MF King including, without limitation, the implied warranties of merchantability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).

3. The customer has 10 Working days from notification of completion to inspect raise any Defects relating to hand over quality or specification. This will only be accepted in writing with photographs. An agreement will be reached between MF King and the customer to rectify any notable defects within reasonable time.

4. If the customer notices any defects or warranty issues within the agreed warranty period, then the customer must notify immediately in writing and photographs. The customer must give MF King three working days to respond with a method of rectification. Any remedial work carried out without written approval from MF King won’t be covered under the warranty rectification.

Limitation of liability

1. The liability of MF King in respect of all claims for loss, damage or injury arising from breach of any of MF Kings obligations under this agreement or from any act or omission of MF King is limited, in each case, to the lesser of:

   1. Replacement or repair of the affected Goods, or re-supply of the Services.

   2. Payment of the actual cost of replacing or repairing the affected Goods, or re-supplying the Services; and

   3. The price of the affected Goods or Services.

2. MF King shall not be liable for any direct or indirect loss or damage (including without limitation loss of profits or savings or for any indirect or consequential loss or damage), however caused, arising out of or in connection with the supply of Goods or Services by MF King, except as set out in clause 1 above.

3. No action arising out of the supply of Goods or Services by MF King, regardless of form, may be brought more than two weeks after the Customer becomes aware, or reasonably ought to have become aware, of the circumstances giving rise to the action.

4. MF King will have no responsibility for any loss, damage, or injury if Goods sold are fitted, serviced, or operated incorrectly by the Customer or any 3rd party or if such Goods are in any way adapted to a use for which they are not specifically intended.

Risk & Delivery

1. Risk in the goods passes on despatch ex MF King yard.

2. MF King will use all reasonable endeavours to deliver the goods on the estimated date specified in this agreement but will not be liable for any loss arising out of any delays howsoever caused.

3. Should the Customer not take delivery or collection of the Goods within 10 working days of being advised of its completion, then the Customer will be liable for:

   1. Any storage costs.

   2. Interest at the rate set out in clause 3.2.

   3. Any costs or losses incurred on disposal.

Cancellation

1. Should the Customer wish to cancel the agreement and associated goods/services at any point, then the Customer will be liable for:

   1. Payment of any associated labour, design, or admin time to date of cancellation at the rate(s) outlined in the agreement.

   2. Payment of any parts, materials or components that have been purchased as part of the agreement.

   3. A fee associated with costs incurred by cancellation.

Indemnity

1. The Customer shall indemnify MF King against all claims, penalties, costs, expenses, damages and liability, including legal fees and debt recovery costs, arising out of or connected with or resulting from a breach by the customer of these terms.

Assignment

1. Neither party may assign or transfer any of its rights and obligations under this Agreement without the prior written consent of the other.

Privacy Act

1. The Customer authorises MF King to collect and/or provide information relating to the Customer to credit reference agencies, referees and other bodies as MF King considers necessary for the purposes of credit assessment and debt collection in relation to the Customer's Account and for meeting purposes.

2. Any personal information may be held by MF King for as long as the Customer continues as a customer of MF King.

3. The Customer has the right to access and correct any personal information held by MF King.  

Disputes

1. In the unlikely event of a dispute arising from this contract, the party who raises the dispute shall, within five Working Days of the matter giving rise to the dispute, give written notice to the other party setting out the details of the dispute. The parties will then within a further five Working Days attempt in good faith to resolve the dispute.

2. Failure to resolve the dispute may require a mediation process.

Force Majeure

1. No claim or liability will arise against MF King under these Terms or any Order or Quote, if and to the extent that MF Kings failure or omission to carry out or observe any provisions of these Terms or any Order or Quote arises by reason of Force Majeure. 'Force Majeure' means any event outside the reasonable control of MF King and includes, without limitation, fires or other casualties or accidents.