Terms and Conditions

Central Group supplies New Zealand companies with quality material handling equipment, internationally recognised construction equipment, and worldwide transportation solutions.

Terms and Conditions

 

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Sale of Products and Services Terms and Conditions

Terms and Conditions - Supply of Products and Services

1. Application of these terms

  • 1.1 These terms apply to the sale of all products and services by Central Group to the Customer. They are deemed to form part of all offers, quotations, orders and the like between Central Group and the Customer.
  • 1.2 In the case of any conflict arising between these terms and any other terms in place between the Customer and Central Group (except for hiring terms pursuant to clause 1.3), these terms prevail to the extent of the conflict unless agreed otherwise.
  • 1.3 Where the Customer hires equipment from Central Group, then it will be bound by the most recent version of Central Group’s separate hire terms and conditions (and if the Customer or its Guarantor has not signed those terms, they will be deemed to have done so).
  • 1.4 It is not Central Group’s responsibility to confirm authority for the purposes of supplying or delivering products or services to the Customer, its staff or agents.

2. Orders

  • 2.1 The Customer may order products or services from Central Group in accordance with Central Group’s processes advised from time to time.
  • 2.2 All orders are subject to acceptance by Central Group. Central Group may, at its discretion:
    • a) accept any order; and/or
    • b) reject or cancel any order (in whole or in part) at any time prior to delivery or performance, without liability.

3. Price

  • 3.1 All prices or rates are as quoted or otherwise agreed.
  • 3.2 Where no pricing or rates have been quoted or agreed, the pricing or rates will be at Central Group’s prevailing prices or rates.
  • 3.3 Any direct increases in Central Group’s costs between the date of an order and the delivery or performance or the order may be charged to the Customer in addition to the price.
  • 3.4 Goods and services tax, and where applicable costs of delivery and insurance, will be charged in addition to the price.
  • 3.5 Quotations remain open for acceptance for a period of 30 days. Any offer may be withdrawn or varied by Central Group at any time before acceptance.

4. Payment

  • 4.1 Central Group will issue valid GST invoices.
  • 4.2  Invoices and other amounts owing by the Customer will be paid in full (without setoff or deduction) as follows, and otherwise in accordance with Central Group’s instructions:
    • a) immediately, in respect of cash accounts, deposits and the delivery of machinery and equipment; and
    • b) otherwise, on the 20th of the month following the month in which the invoice was issued or
    • c) Hire/Rental: see clause 5 (Invoicing and Payment) Terms & Conditions – Hire/Rental
  • 4.3 Interest will accrue on any unpaid amount from the due date until the date of payment at a rate of 2% per month (calculated on a daily basis), compounding monthly.
  • 4.4 Central Group may refuse to deliver further products, and may suspend the performance of any further services, to the Customer, if an Event of Default has occurred.
  • 4.5 All monies, prepayments, deposits and trade-ins shall be deemed to be non-refundable payments in advance for the relevant products or services.

                   Click Here for Summary of Payment Terms 

5. Credits

  • 5.1 Any credit note, discount, rebate or allowance to the Customer will not be effective if an Event of Default has occurred, and will not apply to sales tax, freight or other ancillary costs.

6. Delivery and risk (products)

  • 6.1 Delivery of any products will occur when the Customer or a delivery agent takes possession of them.
  • 6.2 Once delivery has occurred, the products will be at the sole risk of the Customer.

 

 

7. Retention of ownership, security interest and general lien

  • 7.1 Central Group will retain ownership of any products until the Customer has paid for them in full.
  • 7.2 Clause 7.1 creates a purchase money security interest (as defined in the PPSA) in the products and their proceeds, as security for the Customer’s obligations to Central Group.
  • 7.3 The Customer waives its right under the PPSA to receive a copy of any verification statement (as defined in the PPSA). The Customer also agrees that:
    • a) it will have no rights (as between it and Central Group) under sections 114(1)(a), 116, 120(2), 121, 125, 129, 132, 131, 133 and 134 of the PPSA; and
    • b) to the extent permitted by law, any other provisions of the PPSA which may be excluded in Central Group’s discretion for its benefit, are excluded.
  • 7.4 The Customer agrees that Central Group may exercise a general lien in respect of any of the Customer’s property that is in Central Group’s possession for all sums owing to Central Group by the Customer.

8. Trade-ins

  • 8.1 Ownership of a trade-in will pass to Central Group when Central Group takes possession of it, either directly or via an agent.
  • 8.2 The Customer warrants the following in respect of any trade-in:
    • a) it is the sole beneficial owner of the trade-in, and is entitled to sell it;
    • b) there are no amounts owing to any third parties in respect of the trade-in;
    • c) Central Group will take ownership free of any security interest or other encumbrance;
    • d) the Customer has disclosed all relevant information about the trade-in to Central Group, including known issues; and
    • e) the trade-in will be in the same or better condition than at the date it was originally inspected by Central Group.

9. Limited warranty by Central Group

  • 9.1 Central Group warrants all new products manufactured by it, and all services provided by it, against faulty workmanship or faulty materials for 30 days. It will (at its election) rectify the services, or provide a replacement, repair or refund at its cost (excluding travel, freight and related expenses). Any fault must be notified to Central Group within the 30-day period.
  • 9.2 The above warranty:
    • a) is the only warranty provided by Central Group, and provides the Customer’s sole remedy against Central Group (see clause 11);
    • b) does not extend to faults that have come about due to usual wear and tear, lack of lubrication, foreign materials, non-compliance with operating instructions or servicing requirements, misuse, or other factors outside of Central Group’s control;
    • c) does not extend to products that have been supplied to Central Group by third parties (see clause 10.1); and
    • d) will not be effective if an Event of Default has occurred.
  • 9.3 Used products are sold on an as-is-where-is basis and the above warranty does not apply to them. Central Group’s only obligation is to deliver them up to the Customer. Central Group provides no warranties and will have no liability in respect of any such used products.
  • 9.4 Where Central Group is servicing the Customer’s property, the risk in that property remains with the Customer at all times, and the Customer indemnifies Central Group accordingly.
  • 9.5 The Customer acknowledges that it is in trade and is acquiring the products and/or services for the purposes of its business, and that any implied warranties and assurances at law, including those in the Consumer Guarantees Act 1993, Fair Trading Act 1986, Contract and Commercial Law Act 2017, will not apply to Central Group’s supply of products and services.

10. Manufacturer warranties

  • 10.1 Central Group will use reasonable endeavours to make available to the Customer the benefit of any warranties or guarantees provided to it by third parties in respect of products supplied to it, but otherwise provides no other warranties or guarantees in respect of those products.

 

 

11. Limitation of liability and indemnity

  • 11.1 Central Group’s liability to the Customer is limited to the scope of the warranty in clause 9.
  • 11.2 Central Group’s maximum aggregate liability to the Customer in respect of an order will be limited to the lesser of:
    • a) the price that has actually been paid by the Customer in respect of that order; and
    • b) the actual net loss (if any) suffered by the Customer that is directly related to the order.
  • 11.3 To the maximum extent permitted by law, Central Group will otherwise bear no liability for any direct or consequential loss or any loss of profits or costs, charges and expenses incurred by the Customer or any other person.
  • 11.4 Central Group will not be liable for any delay in the delivery of products or services. All dates provided by Central Group are estimates only, and any delay will not provide the Customer with any right to cancel this contract.
  • 11.5 The Customer indemnifies Central Group against any loss or liability (including legal costs and costs of recovery) incurred by Central Group as a result of any act or omission of the Customer (or parties it deals with), or otherwise arising from any Event of Default.

12. Customer’s obligations and warranties

  • 12.1 The Customer (where applicable):
    • a) will notify Central Group of any known hazards connected to the performance of any ordered services on the Customer’s property, and will comply with the Health and Safety at Work Act 2015;
    • b) warrants that any plans, drawings, specifications or other instructions provided by it to Central Group are accurate and correct in all respects, and that they do not infringe the intellectual property rights of any third party;
    • c) acknowledges that it is its sole obligation to satisfy itself that any products and services supplied to it are suitable for its circumstances and that they comply with any laws or regulations applicable to the Customer and its business, and that Central Group does not warrant that the products or services are suitable for any particular purpose;
    • d) agrees that if it on-sells any products to customers who are in trade, it will contract out of any consumer protection legislation in a manner consistent with clause 9.5 (to the extent possible), and will not make any warranties or guarantees on Central Group’s behalf;
    • (e) acknowledges that it does not have the right to cancel any order or return any product, but that Central Group may agree to do so on the basis of any terms that Central Group sees fit (which will not limit Central Group’s other remedies available to it); and
    • (f) acknowledges that Central Group may supply other customers with products or services of a similar nature to those detailed in the Customer’s order. Central Group will be entitled to utilise any know-how which it obtains or develops while filling the Customer’s orders.

13. Event of default

  • 13.1 If at any time an Event of Default occurs, then (without prejudice to its other rights):
    • a) Central Group may suspend or cancel any order for products or services between the Customer and Central Group;
    • b) Central Group may delay delivery of any products until the matter is resolved to its satisfaction;
    • c) Central Group may indefinitely suspend all credit arrangements offered to the Customer;
    • d) any money owing to Central Group by the Customer will become immediately payable;
    • e) any security interest created under these terms will become immediately enforceable;
    • f) Central Group may at any time appoint a receiver(s) in respect of any secured property, on such terms as it considers necessary to protect its interests; and
    • g) Central Group or its receiver(s) may without notice enter the property where any secured property is stored, retake possession of it, and deal with it as necessary to recover any loss and meet any liability arising under this agreement or otherwise.

14. Privacy

  • 14.1 Central Group may collect, hold and use relevant information (including individuals’ personal information) relating to the Customer’s account for any purposes connected to its business, including but not limited to marketing, reporting, recovery, credit assessment and management, and use on the personal property securities register. Central Group will comply with the Privacy Act 1993 when disclosing any personal information to third parties.
  • 14.2 Individuals have rights under the Privacy Act 1993 to access, and require correction of, any of their personal information that is held by Central Group.

 

15. Definitions

  • 15.1 The following terms have the following meanings where denoted by capital letters:
  • Central Group means Central Forklift Group Limited, or any of its related companies (as that term is defined in the Companies Act 1993).
  • Customer means the person purchasing products or services from Central Group, and any person acting on its behalf.
  • Event of Default means:
    • • where the Customer fails to pay, or in Central Group’s opinion is likely to fail to pay, any moneys when due; or
    • •  where the Customer breaches, or in Central Group’s opinion is likely to breach, any non-monetary obligations owing to Central Group whether under these terms or otherwise; or
    • • where ownership of the Customer or effective control of the Customer is transferred without Central Group’s consent.
  • PPSA means the Personal Property Securities Act 1999.

 

16. General

  • 16.1 The Customer may not assign its rights under these terms.
  • 16.2 No delay or failure to act by Central Group will be considered a waiver. Any waiver must be given in writing and read narrowly.
  • 16.3 Any notice or communication to be delivered under these terms may be delivered by email.
  • 16.4 Any reference to a period of time is deemed to include a statement that the timing it is of the essence.
  • 16.5 Headings do not form part of these terms and are for convenience only.
  • 16.6 A reference to ‘terms’ means these terms and conditions.
  • 16.7 References to ‘products’ and ‘services’ capture between them all of Central Group’s commercial offerings now and in the future.

 

Hire and Rental Terms and Conditions

Terms and Conditions – Hire/Rental

1. Application of these terms

  • 1.1 These general terms, along with the specific terms in the attached hire form, apply to the hiring of equipment by Central Group to the Customer.
  • 1.2 In the case of any conflict arising between these terms and any other terms in place between the Customer and Central Group, these terms prevail as they relate to hired equipment, to the extent of the conflict.

2. Hiring subject to approval and availability

  • 2.1 Any orders made for hire equipment will be subject to Central Group’s approval, and to availability. Delivery times are estimates only.

3. Hire term

  • 3.1 The hire term will commence on the commencing date and terminate on the terminating date specified in the hire form (unless terminated early in accordance with this contract).

4. Rates

  • 4.1 Central Group is entitled to charge for the equipment (including excess hour fees) in accordance with the rates set out in the hire form.
  • 4.2 Where rates do not appear in the hire form, the applicable rates will be Central Group’s prevailing rates. 
  • 4.3 Central Group may by notice to the Customer and acting reasonably, increase rates where there are increases in Central Group’s own costs directly associated to hiring the equipment.
  • 4.4 Goods and services tax, and if applicable costs of delivery and insurance, will be charged in addition to the quoted rates.

5. Invoicing and payment

                        Click Here for Summary of Payment Terms 

6. Delivery and risk

  • 6.1 Central Group will arrange delivery of the equipment to the Customer’s nominated address (unless agreed otherwise).
  • 6.2 The Customer will be responsible for unloading the equipment on delivery.
  • 6.3 The equipment will be at the Customer’s risk once delivery has been made to the Customer.

7. Customer’s obligations

  • 7.1 The Customer will:
    • (a) immediately notify Central Group if it identifies a defect or fault with the equipment, or considers that the equipment requires maintenance;
    • (b) treat the equipment with good care;
    • (c) ensure the equipment is used for the purposes intended by the manufacturer and in accordance with its instructions;
    • (d) not permit the equipment to be operated by any person other than a properly qualified employee, agent or subcontractor;
    • (e) supply all fuel for the equipment;
    • (f) be responsible for all checking and certification required in respect of battery electric forklift chargers (provided that Central Group will deliver the chargers checked and tagged);
    • (g) carry out full daily maintenance checks on the equipment, including lubrication, hydraulics and battery and oil levels;
    • (h) not make, or attempt to make, any repair, addition or modification to the equipment;
    • (i) provide suitable facilities to Central Group’s service agents when they visit to inspect and service the equipment;
    • (j) not use the equipment on any public road;
    • (k) preserve all of Central Group’s marks of identification and ownership on the equipment;
    • (l) not transfer possession or ownership of, or grant a security interest in, the equipment (or attempt to do so);
    • (m) keep the equipment, whether in use or not, in a secure place that has been approved by Central Group;
    • (n) return the equipment to Central Group at the end of the hire term, at the Customer’s expense.
    • (o) notify Central Group of any known hazards connected to the performance of any services on the Customer’s property, and will comply with the Health and Safety at Work Act 2015;
  • 7.2 The Customer acknowledges that:
    • (a) it is its sole obligation to satisfy itself that any equipment supplied to it is suitable for its circumstances, that it complies with any laws or regulations applicable to the Customer and its business, and that Central Group does not warrant that the equipment is suitable for any particular purpose; and
    • (b) it does not have the right to request a variation to the hire term, but that Central Group may agree to such a request on the basis of any terms that Central Group sees fit (which will not limit Central Group’s other remedies available to it).

8. Tyres

  • 8.1 Central Group will ensure that the equipment is delivered with tyres that are in good condition (if relevant).
  • 8.2 The Customer will not operate the equipment if any of its tyres are damaged or if they are either worn beyond their wear limit (for puncture proof tyres) or no longer have sufficient tread (for pneumatic tyres).  Central Group will have discretion as to whether a tyre is damaged or worn.
  • 8.3 During the hire term, all costs relating to the equipment’s tyres will be met by the Customer, including punctures, damage and ordinary wear.
  • 8.4 At the end of the hire term, Central Group will inspect the tyres. If any tires are damaged or are either worn beyond their wear limit (for puncture proof tyres) or no longer have sufficient tread (for pneumatic tyres), then they will be replaced at the Customer’s cost.

9. Insurance

  • 9.1 The Customer:
    • (a) must take out and maintain full replacement cover for the equipment with a reputable insurer. Suitability of the cover will be at Central Group’s sole discretion;
    • (b) must ensure that Central Group is noted on any policy as an interested party;
    • (c) must immediately provide evidence of any policy to Central Group on request; and
    • (d) appoints Central Group its attorney for the purposes of managing and settling any claim in respect of the equipment.
  • 9.2 Where the Customer has failed to take out appropriate cover, or the parties have agreed that Central Group will take out the cover, then Central Group will take out the cover and on-charge the costs to the Customer in accordance with clause 5.
  • 9.3 The proceeds of any cover that are paid to the Customer will be held by the Customer on trust for Central Group. The proceeds will only be dealt with in accordance with Central Group’s instructions and at its complete discretion.

10. Maintenance and inspection of equipment by Central Group

  • 10.1 Subject to the Customer’s specific obligations in this contract, Central Group will be responsible for servicing and maintaining the equipment.
  • 10.2 Central Group will arrange for service professionals to visit the Customer’s site during ordinary working hours. Central Group will provide reasonable notice before any visit, and the Customer will use best endeavours to accommodate the service professional at the proposed time. 
  • 10.3 Hire rates will not be affected while the equipment is being serviced, repaired or replaced (subject to clause 11.3).

11. Repairing or replacing equipment

12. Retention of ownership and security interest and general lien

  • 12.1 Central Group will always retain ownership of any hired equipment.
  • 12.2 If the hire period is longer than 1 year (including renewals), or is for an indefinite term, the Customer grants Central Group a purchase money security interest (as defined in the PPSA) in the hire equipment.
  • 12.3  The Customer waives its right under the PPSA to receive a copy of any verification statement (as defined in the PPSA). The Customer also agrees that:
    • (a) it will have no rights (as between it and Central Group) under sections 114(1)(a), 116, 120(2), 121, 125, 129, 132, 131, 133 and 134 of the PPSA; and
    • (b) to the extent permitted by law, any other provisions of the PPSA which may be excluded in Central Group’s discretion for its benefit, are excluded.   
  • 12.4 The Customer agrees that Central Group may exercise a general lien in respect of any of the Customer’s property that is in Central Group’s possession for all sums owing to Central Group by the Customer. 

13. Limitation of liability and indemnity

14. Event of default

  • 14.1 If at any time an Event of Default occurs, then (without prejudice to its other rights):
    • (a) any money owing to Central Group by the Customer will become immediately payable;
    • (b) Central Group may suspend or terminate this contract and retake possession of all equipment that the Customer has hired; 
    • (c) any security interest created under these terms will become immediately enforceable;
    • (d) Central Group may at any time appoint a receiver(s) in respect of any secured property, on such terms as it considers necessary to protect its interests; and
    • (e) Central Group or its receiver(s) may without notice enter the property where any secured property is stored, retake possession of it, and deal with it as necessary to recover any loss and meet any liability arising under this contract or otherwise.  

15. Privacy

  • 15.1 Central Group may collect, hold and use relevant information (including individual’s personal information) relating to the Customer’s account for any purposes connected to its business, including but not limited to marketing, reporting, recovery, credit assessment and management, and use on the personal property securities register. Central Group will comply with the Privacy Act 2020 when disclosing any personal information to third parties.
  • 15.2 Individuals have rights under the Privacy Act 2020 to access, and require correction of, any of their personal information that is held by Central Group. 

16. Definitions

  • 16.1 The following terms have the following meanings where denoted by capital letters:
  • Central Group means Central Forklift Group Limited, or any of its related companies (as that term is defined in the Companies Act 1993).
  • Customer means the person hiring products from Central Group, any person acting on its behalf, and any of its related companies (as that term is defined in the Companies Act 1993).
  • Event of Default means:
    • · where the Customer fails to pay, or in Central Group’s sole opinion is likely to fail to pay, any moneys when due; or
    • · where the Customer breaches, or in Central Group’s opinion is likely to breach, any non-monetary obligations owing to Central Group whether under these terms or otherwise; or
    • · where ownership of the Customer or effective control of the Customer is transferred without Central Group’s consent.  

PPSA means the Personal Property Securities Act 1999.

17. General

  • 17.1 The Customer may not assign its rights under these terms.
  • 17.2 No delay or failure to act by Central Group will be considered a waiver. Any waiver must be given in writing and read narrowly.
  • 17.3 Any notice or communication to be delivered under these terms may be delivered by email.
  • 17.4 Any reference to a period of time is deemed to include a statement that the timing it is of the essence.

References to ‘equipment’ means all things hired by Central Group to the Customer.

 

 

 

Summary of Payment Terms

Summary of Payment Terms-

 

  • 1. General Payment Terms (Non‑Hire Transactions)
    Central Group issues GST invoices for all products and services.
    The Customer must pay all amounts in full, without deduction or setoff, and according to the required timing below:
    • a) Immediate Payments
      •  Cash accounts
      •  Deposits
      •  Delivery of Machinery/Equipment (non‑hire)
  • ⬅ Payment is due immediately upon invoice or delivery requirement
    • b) Standard Monthly Account (Non‑Hire)
      •  Payment due on the 20th of the month following the invoice month.
    • c) Non‑Refundable Payments
      •  All prepayments, deposits, and trade‑ins are non‑refundable.
         
  • 2. Hire / Rental Payment Terms (Clause 5 Terms & Conditions – Hire/Rental)
    These rules override general payment terms for any Hire/Rental arrangements.
    • a) First Month + Deposits
      •  Invoiced on or before the start of the hire term
      •  Payment is immediately due
    • b) Regular Monthly Hire
      •  Invoiced at the end of the preceding month
      •  Payment due on the first day of the hire month
    • c) Excess Hours / Additional Hire Charges
      •  Invoiced at Central Group’s discretion
      •  Payment due within 5 business days of the invoice date
         
  • 3.       Enforcement
    If the Customer defaults, Central Group may refuse further delivery or suspend services and engage independent collection contractors,
    any collection fees are payable by the customer.
     
  • 4.       Interest Charges (All Transactions)
    Late payments incur 2% interest per month
    Calculated daily and compounding monthly
    Applies across both general and hire transactions