Terms of Trade
SOUTHERN LAKES LAUNDRIES LIMITED (SLLL)
Standard Terms and Conditions – January 2013
1.0 Definitions:
“Linen” means all items to be laundered.
“Laundry Service” means the washing, drying, pressing and processing of the Linen.
“Linen Hire” means the rental and transportation of SLLL’s linen
( SLLL – Southern Lakes Laundries Limited )
“Schedule” means any Schedule detailing the Laundry Service, Linen and charges.
2.0 Supply of Linen Hire & Laundry Services
2.1 SLLL will supply the Laundry Services and Linen requirements to the Customer as specified.
2.2 The Laundry Service and supply of Linen items will meet or exceed accepted industry standards.
2.3 The Linen items supplied by SLLL must be serviced only by SLLL or their designated agent and the Customer agrees that it will not service the Linen items themselves or allow them to be serviced by any third party.
2.4 Exclusive supply of services. The provision of linen hire and/or Laundry Services to The Customer shall be exclusive to SLLL, and The Customer agrees it will not hire linen items or engage the laundry services of any other supplier during the term of this agreement.
3.0 Fees and Charges
3.1 The Customer agrees to pay the charges as specified for items of Linen supplied and Laundry Services provided.
3.2 SLLL shall have the right to review charges annually – subject to 3.3 below.
3.3 Over and above the annual price review, SLLL reserves the right to adjust the pricing schedule within the year, giving one months written notice, should there be substantial increases in the major operating costs imposed on us by our suppliers. Such operating costs to include but not limited to utilities ( gas, electricity and water charges ), fuel charges, chemicals and wages.
3.4 All charges are exclusive of GST.
3.5 For credit accounts, full payment of all invoices will be due on the 20th of the month following invoice date. The Customer shall be liable for any costs incurred in the collection of late payments.
3.6 Except where credit facilities have been approved, the customer agrees to pay the charges as specified on delivery of the laundry service or linen hire provided.
4.0 Termination
4.1 Termination by the Customer of SLLL’s service shall be subject to full payment of all monies owing by the Customer to SLLL up to and including the date of termination.
4.2 SLLL may immediately terminate any agreements or service in the following circumstances:
(i) If any amount payable by the Customer to SLLL shall remain unpaid for more than seven working days after the due date for payment.
(ii)If a breach of the Customer’s obligations under these Terms & Conditions is not remedied by the Customer within 7 working days of receiving written notification of breach from SLLL.
(iii)The Customer is placed in liquidation, receivership or enters into any arrangement with its creditors.
4.3 Following termination of any agreement for whatever reason the Customer shall return all Linen items belonging to SLLL within seven days and shall reimburse SLLL at full replacement costs for any items not returned within that time.
5.0 Use Of Linen
Linen items supplied by SLLL will be used by the Customer at the Customer’s location only unless otherwise agreed to by SLLL.
6.0 Loss or Damage to Goods
6.1 All Linen items supplied by SLLL shall remain the property of SLLL.
6.2 SLLL will maintain adequate insurance cover on their linen for any accidental loss or damage caused to it while under the control of The Customer.
6.3 Any loss or damage caused by The Customer’s negligence, or the negligence of The Customer’s customer, will be for the account of The Customer at full replacement cost.
6.4 The Customer will maintain adequate insurance cover for any accidental loss or damage to their own Linen while on SLLL’s premises. SLLL will maintain adequate insurance cover for any loss or damage to The Customers own Linen caused by SLLL’s negligence.
7.0 Stock Take
7.1 Upon reasonable notice being given by SLLL the Customer shall allow SLLL access to the Customer’s premises for the purposes of a stock take of Linen items owned by SLLL and held on the Customer’s premises.
8.0 Amendment
8.1 The terms of any written agreement, including any Schedules, may only be varied by agreement in writing signed by both parties.
9.0 Assignment
9.1. Any written agreement cannot be assigned by the Customer without the written consent of SLLL, such consent not to be unreasonably withheld.
10.0 Indemnity
10.1 The Customer shall indemnify SLLL against all claims, loss, damage or injury suffered as a result of the presence or use of Linen items owned by SLLL on the Customer’s premises. The Customer acknowledges that Linen items supplied by SLLL are not flame resistant or resistant to hazardous materials and should not be used in situations or conditions where they may catch fire or come into contact with dangerous or hazardous materials.
10.2 The Customer shall notify SLLL of any potential health risk from soiled items being collected by SLLL for laundering. The Customer shall further indemnify SLLL against any loss or damage resulting from a failure by the Customer to notify SLLL of any such potential risk or any other breach of these Terms and Conditions.
10.3 SLLL shall not be liable for any loss, damage or delay caused by the failure of SLLL to carry out its obligations to the Customer under these Terms and Conditions as a result of industrial action, strikes, unscheduled delays or any other circumstances outside its control.
11.0 Force Majeure
11.1 In the event any civil or labour disorders, monetary or economic developments, governmental or local authority interference or other factors beyond the reasonable control of SLLL shall prevent SLLL from meeting its obligations under these Terms and Conditions or render it impracticable for SLLL to perform its obligations then SLLL may by notice in writing to the Customer advise the force majeure circumstances and cancel any agreement
12.0 Privacy
12.1 The Customer agrees and authorizes SLLL to obtain such information about the Customer and divulge information to a third party in the course of SLLL’s normal business activities for the purposes of Credit assessment and/or debt collection.
13.0 Address for Notices
13.1 All notices for SLLL shall be posted or delivered to SLLL’s premises at 204 Glenda Drive, Frankton, Queenstown.
13.2 All notices for the Customer shall be posted or delivered to the Customer’s address.
14.0 Governing Law
14.1 These Terms and Conditions shall be subject to and construed in accordance with the laws of New Zealand.