Terms of Trade
AV Integration Limited – Terms of Trade
1. Application
1.1 These Terms of Trade apply to all goods and services supplied by AV Integration Ltd to the Client.
1.2 These Terms prevail over any terms proposed by the Client unless otherwise agreed in writing.
1.3 These Terms constitute AV Integration Ltd’s Standard Terms of Trade.
1.4 Where any inconsistency exists, these project-specific Terms shall take precedence.
1.5 Acceptance of this proposal constitutes acceptance of these Terms.
2. Pricing and Validity
2.1 All pricing is stated in New Zealand Dollars and is exclusive of GST unless otherwise specified.
2.2 Pricing is based on supplier, material, freight and exchange rate costs at the time of quotation.
2.3 Pricing and product availability may change due to fluctuations in supplier costs, component availability and freight pricing.
2.4 Final pricing and product availability will be confirmed at the time of order.
2.5 Freight costs provided are estimates only and may vary at the time of shipment.
2.6 Additional costs may apply for travel, accommodation, fuel, access equipment, or other site-specific requirements where project location or site conditions require.
3. Scope and Variations
3.1 This proposal applies only to the goods, services and quantities specified.
3.2 Any variation to scope, specifications, site conditions, access requirements, builder delays or third-party delays may result in additional charges.
3.3 Variations will be communicated prior to proceeding where practicable.
4. Payment Terms
4.1 Unless otherwise agreed in writing or specified in project-specific terms (per clause 1.4), the following default terms apply:
(a) Standard clients: A deposit of 50% of the total project value may be required prior to procurement, or, at AV Integration’s discretion, product may be invoiced upon dispatch. Invoices are due within 15 days of the invoice date.
(b) Government and public sector clients: Invoices are due on the 20th of the month following the invoice date.
4.2 AV Integration reserves the right to invoice for goods separately upon dispatch, and to invoice for labour, commissioning, and remaining project costs upon Practical Completion (clause 9) or at agreed milestones.
4.3 Where a Client holds an approved credit account, terms may vary as agreed in writing.
4.4 Payments must be made without set-off or deduction.
4.5 Late payments may incur interest at 15% per annum plus recovery costs.
4.6 AV Integration reserves the right to suspend works, withhold delivery or retain access credentials where accounts are overdue.
4.7 The Client shall be liable for all costs incurred by AV Integration in recovering overdue amounts, including debt collection fees, legal costs and administration expenses.
5. Delivery and Risk
5.1 Delivery dates are estimates only and subject to supplier and freight availability.
5.2 Risk in the goods passes to the Client upon delivery to site or to the Client’s nominated carrier.
5.3 Ownership of the goods remains with AV Integration until payment is received in full.
5.4 From the time risk passes, the Client is responsible for any loss or damage to the goods and must ensure appropriate insurance cover is in place.
6. Installation and Site Conditions
6.1 The Client is responsible for ensuring safe and clear access, suitable and compliant power supply, adequate network infrastructure and bandwidth, structural readiness where mounting is required, and compliance with building regulations unless otherwise agreed.
6.2 AV Integration is not responsible for delays, rework or additional costs arising from other trades, incomplete site preparation or restricted access.
7. IT and Network Disclaimer
7.1 Unless specifically included within the agreed scope of works, AV Integration is not responsible for:
(a) network configuration
(b) firewall or security policies
(c) VLAN configuration
(d) WiFi coverage
(e) network bandwidth
(f) internet service performance
(g) ongoing IT infrastructure support
7.2 System performance may be affected by third-party network infrastructure or Client-managed systems.
8. Software and Licensing
8.1 Ongoing software licences, subscriptions, cloud services and manufacturer support agreements are the responsibility of the Client unless expressly included in writing.
8.2 AV Integration is not liable for performance issues arising from expired licences, subscription changes or third-party software updates.
9. Practical Completion
9.1 Practical Completion occurs when the installed system is operational, commissioned, and performing in accordance with the agreed scope of works.
9.2 Minor defects or adjustments that do not materially affect system operation do not prevent practical completion.
10. Warranty
10.1 Manufacturer warranties apply to all third-party equipment supplied.
10.2 AV Integration warrants its workmanship for 12 months from practical completion.
10.3 Warranty excludes misuse, unauthorised modification, improper installation by others, accidental damage, network issues, software changes or external causes beyond AV Integration’s control.
10.4 The Consumer Guarantees Act 1993 is excluded to the extent permitted by law where goods and services are supplied for business purposes.
10.5 Warranty Labour and Callouts
(a) Manufacturer warranties generally cover repair or replacement of equipment only.
(b) Labour associated with fault diagnosis, site visits, access equipment, removal, reinstallation, recommissioning or freight coordination is not included and may be chargeable.
(c) Where the fault is due to AV Integration’s workmanship, such labour will be rectified at no cost within the workmanship warranty period.
(d) AV Integration may, at its discretion, offer reduced labour rates for warranty-related works outside of workmanship defects.
11. Service
11.1 Service Calls
(a) A truck roll/call-out fee applies to all service calls, covering vehicle use, fuel, and travel time to site, regardless of whether further work is completed.
(b) Labour associated with fault diagnosis, site visits, access equipment, removal, reinstallation, recommissioning or freight coordination is separate from the truck roll fee and chargeable in addition, unless covered under warranty (see clause 10.5).
(c) Where a scheduled service call is cancelled or rescheduled with less than 24 hours’ notice, or where AV Integration’s technician attends site and is unable to proceed due to lack of access, availability, or a cancellation not properly notified, a minimum site fee will apply in addition to the truck roll fee.
11.2 Service Plans
(a) Services provided under a Service Plan are limited to the inclusions, response times, support hours and service allowances specified in the accepted plan. Services outside these inclusions may be charged at AV Integration’s standard service rates unless otherwise agreed in writing.
(b) Unless otherwise specified, either party may cancel a Service Plan by providing 30 days’ written notice. Service Plan fees already invoiced or paid are non-refundable, and no refund will be provided for any unused portion of the plan.
(c) Any project work, equipment supply, system upgrades, programming, installation works, after-hours support, or work outside the agreed Service Plan scope may be quoted and invoiced separately.
(d) The Client agrees to provide AV Integration with reasonable access to equipment, systems, network infrastructure, documentation and personnel required to deliver the services included in the Service Plan.
(e) AV Integration is not responsible for failures, outages, software defects, internet service interruptions, manufacturer issues, cloud platform disruptions, or network-related issues outside of AV Integration’s direct control.
(f) AV Integration reserves the right to amend Service Plan inclusions, pricing and service levels upon providing reasonable notice to the Client.
(g) These Service Plan terms should be read in conjunction with AV Integration Ltd’s Standard Terms of Trade. Where any inconsistency exists, the accepted Service Plan proposal shall take precedence for services provided under that plan.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, AV Integration’s liability is limited to the value of the goods or services supplied.
12.2 AV Integration shall not be liable for indirect or consequential loss including loss of profit, data loss, downtime or business interruption.
13. Intellectual Property
13.1 All designs, schematics, programming files, documentation, and system configurations remain the intellectual property of AV Integration unless otherwise agreed in writing.
14. Marketing and Photography
14.1 Unless otherwise agreed in writing, the Client grants AV Integration the right to photograph and document completed installations for marketing and portfolio purposes.
14.2 No confidential information or identifiable images of individuals will be used without consent.
15. Subcontracting
15.1 AV Integration may subcontract or engage qualified third parties to complete part of the works while remaining responsible for overall delivery.
16. Force Majeure
16.1 Neither party shall be liable for delays or failure to perform due to events beyond reasonable control including supply chain disruption, labour shortages, natural disasters or government restrictions.
17. PPSA
17.1 These Terms create a security interest under the Personal Property Securities Act 1999.
17.2 The Client agrees to do all things necessary to allow AV Integration to register and enforce that security interest.
18. Privacy and Credit
18.1 The Client authorises AV Integration to collect, retain and use information for the purposes of assessing creditworthiness and managing the commercial relationship.
18.2 The Client authorises the disclosure of such information to credit agencies or third parties for credit checking or debt recovery purposes.
19. Acceptance
19.1 Acceptance of this proposal confirms agreement to the scope, pricing and these Terms of Trade.
Many thanks,
The AV Integration Team