Terms & Conditions
Terms & conditions of trade
1. APPLICATION
1.1 Below are the terms and conditions of trade that apply in respect to all Goods and Services supplied or provided by Generation Global (GEN) to the customer from 1st December 2021.
1.2 An order placed will be deemed acceptance by the Customer of these Terms and Conditions, notwithstanding anything stated to the contrary in the Customer's inquiries of the Customers Terms and Conditions of Trade.
1.3 The Customers attention is drawn to clause 7 which includes an exclusion of liability for the benefit of GEN.
2. DEFINITIONS
2.1 CUSTOMER means the Customer or any person acting on behalf of the Customer who orders Goods and instructs or requests services to be completed by GEN.
2.2 GOODS means all Goods supplied by GEN to the Customer (and where the context permits, includes any supply of Services).
2.3 SERVICES means all Services supplied by GEN to the Customer (and where the context permits, includes any supply of Goods).
3. LEGAL IDENTITY
3.1 Generation Global is the name that will appear on the cardholder statements.
3.2 Generation Global is the name advised on the payment records.
3.3 NAI National Limited is our legal business name (differs to business trading name).
3.4 NAI National Limited trading as Generation Global.
3.5 The physical address of Generation Global approved place of Business is:
Hangar No. 2
32 Dakota Street
Nelson Airport
Nelson 7011
New Zealand
3.6 The Generation Global business and customer service details are:
Telephone number: +64 (0) 3 548 4225
Facsimile Number: +64 (0) 3 546 8425
E-mail: sales@generation-global.com
3.7 GEN is a New Zealand owned business and all transactions will be billed in a Bank of New Zealand approved foreign currency
GOODS/SERVICES
3.1 The Goods/Services shall be described on any invoice, quotation estimate, work authorisation, or any other work commencement forms as provided by GEN to the Customer
4. PRICE AND PAYMENT
4.1 The Price shall be indicated on invoices provided by GEN to the Customer in respect of Goods and Services supplied (plus taxes and duties)
4.2 Payment for Goods/Services shall be 100% due before the Goods/Services can start; or
4.3 Where an agreement is in place, payment for the Goods/Services shall be 50% due with purchase order and the remaining 50% before dispatching of goods; or
4.4 Where an account has been accepted, payment for Goods/Services shall be due on the 20th of the month following the Invoice date.
4.5 Payment must be made by website payments, wire transfer or by direct credit to GEN'S bank account. Gen will not accept cheques (checks).
5. DEFAULT & CONSEQUENCE OF DEFAULT
5.1 The Customer shall pay interest on all sums outstanding at 30% per annum from the date of default until payment is made in full (including accrued penalty interest).
5.2 If a solicitor and/or debt collector is instructed by the Seller, the customer agrees to pay the solicitor and/or debt collectors reasonable fees and disbursements.
5.3 All payments by the Customer shall be applied first to the reduction of interest and costs due and the balance shall then be applied in reduction of the Original amounts due.
5.4 The Seller may assign all or any part of the debt owing.
6. RISK
6.1 NAI retains all property in all Goods supplied until fully paid for by the Customer, however, all risk for the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed prior to ownership passing to the Customer, GEN is entitled to receive all insurance proceeds payable in respect of the Goods. Gen will apply the insurance proceeds first, in payment of the Price of the Goods that are damaged or destroyed, if unpaid and second, in payment of the outstanding Price of any other Goods/Services supplied to the Customer by GEN.
7. EXCLUSION OF LIABILITY CLAUSE
7.1 Gen shall have no liability whatsoever for any loss or damage which occurs in the following situations;
(a) Any Goods or Services provided in respect of an aircraft;
(b) Any serviced completed by GEN within an aircraft.
7.2 Gen holds limited insurance cover in respect of any Goods/Services completed or supplied on an aircraft of services/work completed within an aircraft, hence the above exclusion of liability. Therefore, the Customer must arrange and keep in place comprehensive insurance cover at all times to cover any claim for loss or damage whether as a result of any action or inaction by GEN for the scenarios note in clause 7.1
7.3 GEN shall have no liability whatsoever for any loss, damage, remedial or addition certification costs arising from GEN providing Goods and services in accordance with Approved Technical data which subsequently transpires to be incorrect or is revoked.
7.4 GEN shall have no liability whatsoever for any loss, damage, remedial or addition certification costs arising from GEN providing Goods and services without Approved Technical data or certification which subsequently transpires to require Approved Technical Data, Testing or Certification.
7.5 Further, Gen will use its best endeavours to complete Services and Provide Goods in accordance with NZCAA and EASA standards and guidelines. However, GEN shall have no liability whatsoever for any loss, damage, remedial or addition certification costs arising from GEN providing Goods and Services that subsequently transpires to not be in accordance with NZCAA and EASA standards and guidelines.
8. TITLE & PERSONAL PROPERTY SECURITIES ACT 1999
8.1 The Customer agrees that property in the Goods shall not pass until the Customer has paid all amounts owing for the particular Goods/Services and all other obligations of the Customer are met.
8.2 It is further agreed that if the Customer fails to return the Goods to GEN then GEN (or agent) may enter upon and into land and premises owned occupied or used by the Customer where the Goods are situated and taken possession of the Goods, without being responsible for any damage thereby caused.
8.3 The Customer acknowledges and agrees that their Terms & Consitions constitute a security agreement and a security interest is taken in all Goods supplied by GEN to the customer.
8.4 The Customer waives the right to receive a verification statement in accordance with section 148 of the PPSA.
9. GENERAL
9.1 If any provisions of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2 All Goods and Services supplied by Gen are subject to the laws of New Zealand.
9.3 Should the contract between GEN and the Customer be subject to a dispute GEN and the Buyer agree that proceedings shall be filed in the District or High Court at Nelson, New Zealand. Should the parties agree to mediation or arbitration or attend a Disputes Tribunal hearing that any such hearing shall be held in Nelson, New Zealand.