Our Terms & Conditions

Our Terms & Conditions

Products and/or services supplied by Gleeson & Cox Transport Limited (“Gleeson & Cox”) are subject to the following Terms & Conditions. Ordering products and/or services specified in any quotation from Gleeson & Cox will be taken as acceptance of these Terms & Conditions:

  • 1. Definitions In these Terms:

    • “Account” means the trade credit account established inthe name of the Customer by Gleeson.
    • “Application” means the Credit Account Applicationattached to these Terms.
    • “Credit Limit” means the dollar amount of credit to bemade available to the Customer by Gleeson under theAccount.
    • “Credit Term” means the term determined by Gleesonover which the Account will remain open.
    • “Customer” means the customer named in the Application and where the Customer comprises two ormore persons, means those persons jointly andseverally.
    • “Force Majeure” means any event outside thereasonable control of Gleeson and includes, without limitation, fires or other casualties or accidents, poweroutages, acts of God, strikes and lockouts, severeweather conditions, delay in supply or materials orunavailability of materials, war or other violence, or theintroduction of any law, order, regulation, demand orrequirement of any governmental agency.
    • “Covid” Any restriction or shutdown imposed on thebusiness due to the COVID-19 (Coronavirus) pandemicthat may impact on Gleeson’s ability to supply productor services as normal, and in particular could causeunavoidable disruption and delays in delivery (including due to personnel availability and government-imposedrestrictions in movement of people).
    • “Goods” means goods or services provided and/ormanufactured or purchased for supply by Gleeson.”Disposal” means removal of excess fill or unsuitablematerial from a consented site to an approved facility.
    • “Gleeson” means either Gleeson & Cox TransportLimited (1924773) as named in the Quote or Order orany related company (as that term is defined in theCompanies Act 1993), as the case may be.
    • “Guarantor” means the guarantor(s) named in theApplication.
    • “Order” means an agreement between Gleeson and theCustomer for Gleeson to supply Goods and/or Servicesto the Customer and, for the avoidance of doubt,includes where the Customer has accepted a Quote inwriting.
    • “PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.
    • “PPSR” means the Personal Property SecuritiesRegister under the PPSA.
    • “Quote” means a written offer from Gleeson to theCustomer to supply Goods and/or Services for aspecified price subject to the terms and conditions ofsuch offer.
    • “Services” means any services performed by Gleeson.”Terms” means these standard terms of trade & credit,as varied by Gleeson from time to time at its absolutediscretion.
  • 2. Orders, Pricing, Quotes and Estimates

    • 2.1. These Terms apply to all Goods or Services supplied by
      Gleeson. By making an Order the Customeracknowledges that it is aware of the contents of, andagrees to be bound by, these Terms.
    • 2.2. The price of Goods and Services is as specified in
      Gleeson’s price list (which is subject to change withoutnotice), or in an Order or Quote, as applicable.
    • 2.3. Unless otherwise stated, prices are exclusive of GST.
    • 2.4. Gleeson may decline or cancel, in whole or in part, any
      Quote or Order in its sole discretion.
    • 2.5. Subject to clause 2.4, quoted pricing is valid for up to 6
      months from the date of quotation unless:(a) an agreement has been made to vary this term inwriting; or(b) the volumes agreed change by greater than 10%.
    • 2.6. At the end of this period (or earlier if applicable) the
      parties may enter into a new agreement, failingagreement the Quote shall be deemed to have lapsed.
    • 2.7. Providing a Quote in no way guarantees supply, of any
      Goods or Services. A Quote is subject to establishing anagreed delivery programme. Gleeson will use bestendeavours to provide Goods and Services but makes noguarantee of availability.
    • 2.8. All Quotes are based on rates and charges in effect at
      the date of the relevant Quote. Any increase in rates orcharges, (including without limitation sub-contractedlabour, materials and fuel) shall at the discretion ofGleeson, result in an equivalent increase in the quotedprice.
    • 2.9. Where a Quote includes an estimate of quantities and
      the actual quantity supplied is materially different fromthat estimated, Gleeson reserves the right to revise thequoted price from the date of issue.
    • 2.10. Where a Customer purchases Goods from Gleeson, the
      quantity of Goods supplied shall be determined by themeasurement of those Goods across (a) weighbridge (b)load rite (c) weight. Pricing will be determined by theunit advised, not limited to tonne, m3, load or time.
    • 2.11. Gleeson may offer an estimated conversion rate as a
      guide only. Prices are as per the unit specified, with noadjustment for water content.
    • 2.12. Where the Customer purchases Goods with a credit card
      and at the time of payment the quantity of the Goods tobe sold is an estimate, then the Customer agrees thatGleeson may hold the Customer’s credit card details onfile until the quantity of Goods sold is determined and atthat time process a debit or credit to the Customer’scredit card to reflect the actual purchase price of theGoods sold.
    • 2.13. No allowance has been made for any commercial or
      technical requirements outlined in any Head Contract,Conditions of Contract or RFP. If the Customer wishes tonegotiate terms that are outside of our standard termsof trade, where additional risk passes to Gleeson then,we reserve the right to withdraw our offer or increasethe rates accordingly.
    • 2.14. All supply is subject to availability as per the source
      shown on the Quote or subsequent agreement. WhereGoods are not available from the designated source,Gleeson reserves the right to source Goods from analternative supplier and advise if an increase will beapplicable. If no agreement is reached around analternative supply, then supply will cease untilavailability from the original source has been rectified.Gleeson will not be liable for any costs associated withavailability of the Goods. Gleeson reserves the right toincrease rates for externally purchased products withone month’s written notification.
    • 2.15. Unless agreed in writing, Gleeson does not warrant that
      any Goods will meet any project specification or testingrequirement.
    • 2.16. Testing of Goods from Huntly Quarry is carried out in
      accordance with Huntly Quarry testing programme.Information regarding the testing programme can beobtained upon request. Any testing required in additionto the testing programme will be charged to theCustomer on a per test basis.
    • 2.17. Gleeson reserves the right to apply a surcharge to any
      Goods/Services supplied to recover any fluctuations inthe price of fuel (FAFF Charge) or road user charges.
  • 3. Use of Account

    • 3.1. Gleeson shall determine the Credit Limit and Credit
      Term for the Account and will notify the Customer ofsuch. The Customer shall not at any time allow thebalance of its Account to exceed the Credit Limit.
    • 3.2. Gleeson may in its sole discretion, at any time and
      without reason or notice to the Customer and/or anyGuarantor, and without prejudice to any other right ithas in law or equity: (a) elect whether to grant orterminate the credit account with the Customer; and (b)increase or decrease the Customer’s Credit Limit or theCredit Term. If credit is terminated, then all moniesowed by the Customer to Gleeson will becomeimmediately due and payable.
    • 3.3. Goods may be charged to the Account in person, email
      or by telephone. Order numbers are the Customer’sreference we can record as requested, but they are notrequired by Gleeson. Gleeson will not accept nonpayment due to an Order number being recordedincorrectly or not providing an Order number on invoice.
    • 3.4. The Customer shall be liable for all indebtedness arising
      from any use of the Account by any person who purportsto be an employee, agent or representative of theCustomer.
    • 3.5. Gleeson reserves the right to set off any balance owing
      by Gleeson to the Customer against their outstandingdebtor balance.
    • 3.6. The Customer must notify Gleeson of any change in any
      of the details provided by it on the Credit AccountApplication/Acceptance within 7 days of such changeoccurring.
    • 3.7. Under no circumstances shall the Customer be entitled
      to apply any form of retention or set off from any moniesdue to Gleeson.
  • 4. Payments, Discounts and Claims

    • 4.1. Except where Goods or Services are charged to an
      Account, payment is due on the date(s) determined byGleeson, which may be: (a) on the placing of an Order;or (b) before delivery of the Goods or performance ofthe Services (as applicable). If no such payment is made,Gleeson shall not be obliged to deliver the Goods orperform the Services.
    • 4.2. All Goods and Services charged to the Account and any
      interest due on the Account shall be paid in full no laterthan the 20th of the month following the date of therelevant invoice.
    • 4.3. Gleeson shall be entitled to charge interest at 15% per
      annum on all overdue amounts from the date paymentwas due until the date that full payment is received.
    • 4.4. All payments must be made by way of cash,
      electronic/on-line banking, credit card or bank transfer,free of any deductions, set off counterclaim or conditionof any kind. Payment of any amount due occurs onlywhen cleared funds are deposited into Gleeson’s bankaccount.
    • 4.5. Payments received by Gleeson shall be applied first in
      payment of interest and any costs incurred in debtrecovery and then in reduction of principal.
    • 4.6. Payments received without remittance advice will be
      applied first to the oldest balance owing by theCustomer.
    • 4.7. Gleeson may withhold any credit due to the Customer
      and apply that credit against any amount owing underthe Account.
    • 4.8. If the Customer disputes any item charged to the
      Account, it must notify Gleeson immediately, and paythe undisputed portion of the Account balance by thedue date for payment.
  • 5. Default

    • 5.1. If the Customer breaches any of these Terms and fails to
      remedy that breach within 7 days after receiving noticeto remedy from Gleeson, Gleeson may (withoutprejudice to its other rights and remedies) forthwithsuspend or terminate the Account without notice to theCustomer.
    • 5.2. All amounts owing in respect of the Account shall
      become immediately due and payable to Gleesonwithout the need for notice if:(a) Gleeson suspends or terminates the Account inaccordance with clause 5.1. above;(b) any information contained in the Application provesto have been false or misleading when made;(c) the Customer enters into a composition with itscreditors, becomes insolvent within the meaning of theInsolvency Act 1967, or fails to satisfy the solvency testwithin the meaning of the Companies Act 1993, isdeclared bankrupt, goes into liquidation, becomessubject to administration, or if a receiver or statutoryreceiver is appointed in respect of it; or(d) the Customer ceases, or threatens to cease, to carryon any material part of its business.
  • 6. Security for Payment

    • 6.1. The Customer grants to Gleeson a security interest in the
      Goods and in any proceeds arising from the sale of theGoods to secure the obligations of the Customer to paythe purchase price for the Goods, and any otherobligations by the Customer to Gleeson under theseTerms (together the “Obligations”) as and when thesame become due.
    • 6.2. The Customer grants to Gleeson a lien over any of the
      Customer’s equipment upon which Services areperformed in order to secure the obligations of theCustomer to pay for such Services and any otherObligations as and when the same become due.
    • 6.3. The Customer agrees that if the Customer is in breach of
      any of its Obligations:(a) the Customer will, upon receiving a written requestfrom Gleeson and at its own cost and expense, promptlydeliver all or any of the Goods to Gleeson at such placeas Gleeson directs;(b) Gleeson may (and the Customer grants Gleeson alicence to), at any time without giving notice either itselfor through an authorised agent, enter into any placewhere the Goods are located and remove the Goods, ifthe Customer fails to deliver the Goods as requiredunder this clause;(c) Gleeson may sell all or any of the Goods withoutgiving prior notice of the sale to the Customer (and tothat end, nothing in s114(1)(a) of the PPSA shall apply tothese Terms);(d) if Gleeson proposes, pursuant to s120 of the PPSAto take all or any of the Goods in satisfaction of theObligations, the Customer waives its right to requireGleeson to sell the Goods and agrees thatnotwithstanding s120(1) of the PPSA, the Customer shallremain liable to Gleeson for the difference between themarket value of the Goods at the time it is first able tobe sold by Gleeson free from all rights and interests ofthe Customer and other persons pursuant to s123(1) ofthe PPSA and the amount of the Obligations which are indefault.
    • 6.4. The Customer:
      (a) agrees that nothing in s117(1)(c) of the PPSA willapply to these Terms; and(b) waives (to the extent applicable) the Customer’sright under the PPSA:(i) to receive a verification statement pursuant to s 148and a statement of account under s 116;(ii) to recover a surplus under s119;(iii) to receive notice of Gleeson’s proposal to retaincollateral under s120(2) and to object to that proposalunder s121;(iv) not to have Goods damaged when Gleeson removesan accession under s125 and not to be reimbursed forany such damage under s126;(v) to refuse permission to refuse an accession unders127;(vi) to receive notice of the removal of an accessionunder s129;(vii) to apply to the Court for an order concerning theremoval of an accession under s131;(viii) to redeem collateral under s132;(ix) to reinstate a security agreement under s133 and 134; and (x) shall immediately notify Gleeson of any change in theCustomer’s name, address or contact person details,to enable Gleeson to register a financing changestatement on the PPSR if required. In the absence ofsuch notification, the address held by Gleeson isdeemed to be the Customer’s current address forsuch purpose.
  • 7. Account Closure

    • 7.1. The Customer may close the Account at any time by
      giving written notice to that effect to Gleeson and payingoff any outstanding Account balance.
    • 7.2. Gleeson may close the Account by giving notice to the
      Customer. The Customer must pay any outstandingamount balance by the 20th of the month following thedate of closure of the Account (unless the Customer is indefault of these Terms, in which case the outstandingAccount balance is payable immediately).
  • 8. Indemnity

    • 8.1. The Customer shall indemnify Gleeson against all claims,
      penalties, costs, expenses, damages and liability,including legal fees, and debt recovery costs arising outof or connected with or resulting from a breach by theCustomer of these Terms.
  • 9. Assignment

    • 9.1. Gleeson may at any time assign, transfer or sub-contract
      any of its rights and obligations under these Terms(including the right to receive payment) to any otherperson.
    • 9.2. The Customer may not assign or transfer any of its rights
      or obligations in respect of the Account.
    • 9.3. A change of control in respect of the Customer shall be
      deemed to constitute an assignment for the purposes ofclause 9.2.
    • 9.4. A “change of control” means any direct or indirect
      change in control or management of the Customer, or adirect or indirect change in the legal or beneficialownership of the Customer, or a change in the legal formof the Customer, whether by a single event or a series ofrelated events.
  • 10. Waiver

    • 10.1. Gleeson’s failure or delay to exercise or enforce any right
      it has under these Terms shall not operate as a waiver ofGleeson’s right to exercise or enforce such right or anyother right in the future.
  • 11. Privacy Act

    • 11.1. Gleeson may not be able to process the Application
      unless all the information requested is provided.
    • 11.2. The Customer authorises Gleeson to collect and/or
      provide information relating to the Customer to creditreference agencies referees and other bodies as Gleesonconsiders necessary for the purposes of creditassessment and debt collection in relation to theCustomer’s Account and for marketing purposes.
    • 11.3. Any personal information may be held by Gleeson for as
      long as the Customer continues as a customer ofGleeson or there is money owed on the Account.
    • 11.4. The Customer has the right to access and correct any
      personal information held by Gleeson.
    • 11.5. The Customer is obliged to update the Customer’s
      contact details if such details change.
  • 12. Consumer Guarantees Act 1993 and Fair Trading Act 1986

    • 12.1. Where Goods or Services are supplied to the Customer
      for the purposes of a business, then, to the maximumextent permitted by law, the Customer agrees that:(a) the provisions of the Consumer Guarantees Act

      • 1993 do not apply to the Goods or Services; and (b) sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to the obligations of the parties under these Terms.

    • 12.2. Where the Customer purchases Goods for re-supply, the
      Customer’s terms of trade must contain an equivalentprovision to clause 12.1.
  • 13. Warranties

    • 13.1. To the maximum extent permitted by law, all statutory,
      express or implied warranties by Gleeson including,without limitation, the implied warranties ofmerchantability and fitness for any particular purposeare expressly excluded, and Gleeson gives no warrantyin respect of Goods manufactured by others.
    • 13.2. Colour and texture variations may occur in Goods and
      from samples due to:(a) the use of natural materials in the manufacturingprocess;(b) normal manufacturing tolerances and processes; or(c) weather.
    • 13.3. The Customer agrees that such variations do not
      constitute a product defect and Gleeson shall not beliable for any loss or damage suffered by the Customeras a result of such variations.
    • 13.4. Quotes are prepared in accordance with information
      provided to Gleeson by the Customer and Gleeson willnot be liable nor will it be bound by the Quote orsubsequent agreement where:(a) such information is inaccurate or any information isomitted; and/or(b) the Customer makes any variations which result inthe work being different from that quoted for.
  • 14. Limitation of liability

    • 14.1. Gleeson will not be liable to the Customer or to any third
      party for any loss, costs or damage (including anyindirect or consequential loss or damage, businessinterruption, loss of revenue, loss of income, loss ofproduction, loss of use, loss of product, loss of business,loss of profits, loss of opportunity, loss of contracts, lossof investment or third party-claims) directly or indirectlyarising from any delay in the supply (including delivery)of the Goods or Services, reduction in volume suppliedor inability to supply the Goods or Services as agreed.
    • 14.2. To the maximum extent permitted by law, the liability of
      Gleeson in respect of all claims for loss, damage or injuryarising from breach of any of Gleeson’s obligationsunder these Terms, in tort (including negligence),pursuant to an indemnity, for breach of statutory dutyor from any act or omission of Gleeson, is limited, in eachcase and in aggregate, to the lesser of:(a) replacement or repair of the affected Goods, or resupply of the Services (to the extent reasonablypracticable);(b) payment of the actual cost of replacing or repairingthe affected Goods, or re-supplying the Services; and(c) the price of the affected Goods or Services.
    • 14.3. Gleeson if agreed at the time of tender, may warrant
      that Goods will meet a specification, but any warranties,representations and statements as to fitness orsuitability for purpose, workmanship, tolerance to anyconditions or otherwise in relation to the Goods areexpressly excluded to the fullest extent permitted bylaw.
    • 14.4. Gleeson accepts no liability for any non-compliant
      Goods unless it is notified of any such non-compliancewithin 3 business days from the date of supply of theGoods to the Customer.
    • 14.5. Subject to the limitations contained in clause 14.2, the
      liability of Gleeson to the Customer or any third party,whether in tort (including negligence), contract orotherwise, for any loss, cost, damage, expenses or injuryarising directly or indirectly from any non-compliance ofthe Goods with agreed standards or specifications willbe strictly limited to a refund of the price of any noncompliant Goods or the supply of replacement Goodsthat comply with applicable standards and specifications
    • 14.6. Gleeson will not be liable to the Customer or any third
      party in any way whatsoever for any amountswhatsoever relating to Goods supplied to the Customeronce the Goods have been installed, sealed, mixed intoconcrete or masonry products or otherwise co-mingledwith another product.
    • 14.7. To the fullest extent permitted by law, Gleeson will not
      be liable to the Customer or any third party in any waywhatsoever for:(a) loss caused by any factor beyond Gleeson’sreasonable control;(b) any cost, damages, loss or expenses whatsoeverarising from or related to any delay or failure to deliverGoods or Services to the Customer on the estimated orspecified day or dates; or(c) damage from misuse, accident, neglect or improperuse of the Goods supplied.
  • 15. Intellectual Property

    • 15.1. The Customer acknowledges that all intellectual
      property rights in the Goods or arising out of theperformance of the Services are and shall remain theproperty of Gleeson.
    • 15.2. The Customer warrants that any design or drawing
      provided by it does not infringe any intellectual propertyrights of any other person.
  • 16. Delivery

    • 16.1. Pricing that includes transport costs is based on the full
      pay load, applicable for the unit/truck type. Any Orderthat requires a short or partial load will incur additionalcharges.
    • 16.2. The Customer shall pay all freight and cartage charges
      including any additional costs or expenses incurred byGleeson in delivering the Goods to the addressrequested by the Customer (including charges forwaiting time, unloading equipment, labour or deliveryoutside of normal business hours).
    • 16.3. Pricing is based on being able to access the Customer’s
      site during normal operating hours. If there arerestrictions that could limit Gleeson’s ability to accessthe Customer’s site, then the Customer is required toprovide a specific notification at the time a price isrequested, outlining the restrictions. Gleeson will notaccept links or references to other document sources. Ifspecific written advice is not provided and delaysaccessing the Customers’ site have not been factoredinto Gleeson’s pricing, then rates will be increasedaccordingly.
    • 16.4. Where Gleeson is to deliver the Goods, the Customer
      must:(a) ensure Gleeson has reasonable all-weather accessto the Customer’s site, to enable Gleeson to deliver theGoods safely;(b) obtain all necessary resource and other consentsfrom the relevant local authority and inform Gleeson ofall matters relating to such consents;(c) ensure safe clearance from overhead powerlines,safe batters and clearances from edge of slopes, safehaul roads and segregation of pedestrians fromvehicular traffic;(d) locate, mark and advise Gleeson of all gas pipes,water pipes, sewerage lines, drainage lines, telephonecabling and other utilities that are on, or near, oradjacent to the delivery point, and of any actual orpossible subsidence, slip, erosion, flooding or any otherthing that might constitute a hazard on the land whereGoods are to be delivered; and(e) indemnify Gleeson against any costs, claims anddamages incurred in the delivery of the Goods includingany cleaning, repairing damage to the site or deliveryequipment, returning the delivery vehicle to the roadand making good any damage to the road or footpath,provided Gleeson has acted with reasonable care andskill.
    • 16.5. Delivery of Goods shall be deemed to occur at the point
      specified in an Order or Quote, or if nothing is sospecified, then:(a) when the Customer takes the Goods across theweighbridge out of the quarry; and(b) otherwise – when the Goods arrive at the addressspecified by the Customer (whether or not the Customeris present to acknowledge receipt), or when theCustomer takes physical possession of the Goods,whichever occurs first.
    • 16.6. Risk in the Goods passes to the Customer at the time of
      delivery under clause 16.5.
    • 16.7. Gleeson shall not be liable for any damage to property
      during delivery of the Goods where such damage couldnot have reasonably foreseen by the Gleeson employee,contractor or representative prior to such damageoccurring.
    • 16.8. Gleeson shall use reasonable endeavours to ensure that
      any delivery day or date agreed is adhered to, howeverGleeson shall not be liable for any cost, damages, loss orexpenses whatsoever arising from or related to anyfailure to deliver on the estimated day or dates.
    • 16.9. Truck Hire rates will be charged from when the truck
      leavesthe Gleeson base until it returns, unless otherwiseagreed in advance, a minimum travel time of 30 minutesper day will be applicable.
    • 16.10. Delivery dockets will not be signed unless the Customer
      has nominated a specific person who is readily availableon site to sign and collect dockets as the trucks enter thesite. Gleeson will not be responsible or accept nonpayment due to unsigned dockets if a nominated personhas not been agreed and advised in advance ofdeliveries.
    • 16.11. Site access and the safety and suitability of the site is the
      Customer’s responsibility. In order to effect delivery ofGoods to the Customer as requested then, if in theopinion of Gleeson’s employee, contractor orrepresentative there is not safe, sufficient and suitablemeans of access then the Customer shall be liable to,reimburse and fully indemnify Gleeson for, all costs,damages, expenses and liability incurred by Gleesonarising from or relating to access (or attempted access).
    • 16.12. Full legal and equitable ownership of, and title to, the
      Goods passes to the Customer at the time of delivery orat the time at which the Customer makes full paymentto Gleeson under the relevant Order, whichever occurslater. Gleeson retains full ownership of and title to allGoods until that time.
    • 16.13. Notwithstanding the provisions of clause 6.3 regarding
      the rights of Gleeson to sale proceeds, until theownership in the Goods has passed to the Customer, theCustomer shall not be entitled to sell or deliverpossession of the Goods to any other person.
    • 16.14. The Customer assumes all liability for damages to
      footpaths, kerbs, drains or other property for anydeliveries beyond the kerb line and is responsible for anysalvage charges incurred in returning the vehicle to theroadway. The Customer is responsible for the removal ofany mud, clay etc from the delivery truck wheels and forthe removal of mud, clay etc tracked or on footpaths,roads etc by the trucks.
    • 16.15. The Customer must make any claims for a shortfall in the
      Goods delivered within 48 hours of delivery of suchGoods by Gleeson, and must state the date of delivery ofthe Goods and the delivery docket number.
    • 16.16. While at any delivery point, both Gleeson and the
      Customer will ensure that all of their respectiveemployees, contractors and agents will, at all timescomply with:(a) all relevant policies and procedures relating to thedelivery point including those relating to health andsafety, and environmental and risk management;(b) all relevant legislation and regulations in forceincluding, the Health and Safety at Work Act 2015and the Resource Management Act 1991; and(c) Any lawful safety instruction or reasonabledirections given by any person in charge at point tothe point of delivery.
  • 17. Disposal – Fill Material

    • 17.1. Disposal of fill material is subject to a pre-approval
      process. It is the Customer’s responsibility to provide aDetailed Site Investigation (DSI/PSI) along with therelevant project and test data to confirm compliance atthe tip sites.
    • 17.2. Pricing for fill material is based on a type and
      compactability. The tip site will determine the type thatwill be charged, so if there are any changes or increasesin cost from what has been quoted in regards to the typethen additional charges will be passed on accordingly.
    • 17.3. Disposal pricing that includes transport “can” include
      the cost of the tip fee and can be offered in both tonnesand load rates. If a tonnage rate is offered for disposal ofmaterial and transport is included the rates offered arebased on the following weights – T&T (28tn) – Artic(18tn) – 8wh (14tn) – 6wh (10tn). If the trucks are shortloaded additional transport charges will be applied orthe rates may be changed to load rates at Gleeson’s solediscretion.
    • 17.4. Gleeson will allow a maximum wait time of 20 minutes
      on site for loading of fill material, after this truck hire willbe charged accordingly.
    • 17.5. Where spoil/unsuitable material/cut to waste/fill etc. is
      carted from site to a designated tip and, on arrival at thetip, the load is rejected, Gleeson reserves the right tonotify the non-acceptance, deliver the load to anothersuitable, authorised tip and charge accordingly. Anycosts associated with wait time or approval will bepassed on also, including but not limited to levies andother charges incurred, and additional costs resultingfrom material type and cost increases.
  • 18. Cancellations

    • 18.1. The Customer is not entitled to cancel an Order without
      the written agreement of Gleeson where:(a) the manufacture of made to order Goods hascommenced; and/or(b) such Order comprises Goods manufactured by a thirdparty.
    • 18.2. In the case of made-to-order Goods:
      (a) Gleeson may require the Customer to make a fullupfront payment for the Goods or to pay a substantialdeposit before Gleeson commences manufacture of theGoods, and the Customer is liable to pay for the fullamount of Goods ordered, whether or not the Customertakes delivery of all such Goods; and(b) the Customer shall pay all costs associated with anyadditional production runs where the Customer requiresmore Goods than those first ordered.
  • 19. Guarantee and Indemnity

    • 19.1. The Guarantor/s jointly and severally unconditionally
      guarantee to Gleeson payment by the Customer of alloutstanding monies (and any costs incurred by Gleesonwhich shall include but shall not be limited to all defaultand enforcement costs incurred) in a timely manner(time being of the essence), and agree to keep Gleesonfully indemnified against all damages, losses, costs andexpenses arising from any failure of the Customer to paythe monies hereby guaranteed.
    • 19.2. As between the Guarantor/s and Gleeson the liability of
      the Guarantor/s shall be deemed to be that of theprincipal debtor. This guarantee is in addition to and notin substitution for any other security or right whichGleeson may have in respect to the Customer’sindebtedness and may be enforced against theGuarantor/s without first having recourse to any suchsecurities or rights and without taking steps orproceedings against the Customer.
    • 19.3. The liability of the Guarantor/s shall not be affected by
      the granting of time, credit or any indulgence or otherconcession to the Customer or to any person giving anysimilar guarantee.
    • 19.4. The guarantee and indemnity in this clause 19 is an
      irrevocable and continuing guarantee and indemnityand shall remain in full force until all obligations of theCustomer has been fully paid, satisfied or performed.
  • 20. Taxes

    • 20.1. Unless otherwise stated, all prices are exclusive of goods
      and services tax.
  • 21. Hours

    • 21.1. Unless otherwise agreed between the parties, Gleeson
      will supply the Goods and/or perform the Servicesduring normal working hours (being 0600 to 1800hrsMonday to Friday and 0600 to 1200hrs Saturday,excluding Sundays and any public holidays in Auckland).
    • 21.2. Any costs attributable to Gleeson being required by the
      Customer to work outside such hours or on Sundays orpublic holidays in the applicable territory shall bepayable by the Customer.
  • 22. Force Majeure

    • 22.1. No claim or liability will arise against Gleeson under
      these Terms or any Order or Quote, if and to the extentthat Gleeson’s failure or omission to carry out or observeany provisions of these Terms or any Order or Quotearises by reason of Force Majeure.
  • 23. Covid-19

    • 23.1. Where Gleeson agrees to supply goods to the Customer
      during any period of disruption caused by Covid, theCustomer agrees that:(a) Gleeson will use reasonable endeavours to deliver ormake available to the Customer the Goods at the agreedtime;(b) Gleeson will not be liable to the Customer or to anythird party for any loss, costs or damage (including anyindirect or consequential loss, business interruption, lossof revenue, loss of income, loss of production, loss ofuse, loss of product, loss of business, loss of profits, lossof opportunity, loss of contracts, loss of investment orthird party-claims) directly or indirectly arising from:(i) any delay in the supply (including delivery) of theGoods, reduction in volume supplied or inability to supplythe Goods as agreed;(ii) any statement, representation or recommendationmade or advice, or assistance given, by Gleeson, itsemployees, agents, transport contractors orrepresentatives in relation to the availability or timing ofsupply of the Goods, whether oral or written.
    • 23.2. Should the COVID-19 virus or any law, restriction,
      direction or action by a government or regulatory bodyin response to the COVID-19 virus increase the costs ofsupplying or delivering the Goods or Services to theCustomer then Gleeson reserves the right to, actingreasonably, in good faith and in consultation with theCustomer, increase the price payable for those Goods orServices.
  • 24. Variation of terms

    • 24.1. Gleeson may, in its sole discretion, vary these Terms
      from time to time, and the Customer shall be bound bythese Terms (as so varied) in respect of the supply of anyparticular Goods or Services by Gleeson to the Customerafter the date that the variation is notified to theCustomer or is published at www.gleesoncox.co.nz(whichever is earlier).
    • 24.2. The latest version of these Terms can be found at
      www.gleesoncox.co.nz.
  • 25. Miscellaneous

    • 25.1. Gleeson’s failure or delay to exercise or enforce any right
      it has under these Terms shall not operate as a waiver ofGleeson’s right to exercise or enforce such right or anyother right in the future.
    • 25.2. Any provision of these Terms that is held to be invalid or
      unenforceable for any reason shall be severed from, andshall not affect the remaining provisions of, these Terms.
    • 25.3. These Terms and the application for credit to which
      these terms of trade relate shall be construed inaccordance with and be governed by the laws of NewZealand, and Gleeson and the Customer submit to thenon-exclusive jurisdiction of the New Zealand Courts.

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