Terms and Conditions of Trade1. Definitions
• The Company: Elite Racking Limited• Business Day: Any day other than a Saturday, Sunday or statutory public holiday in Auckland, New Zealand.• Force Majeure Event: Any event beyond the reasonable control of a party, such as, but not limited to, acts of God, war, hostilities, piracy, terrorism or the threat thereof, epidemic, riot, fire, explosion, accident, flood, sabotage, lack of adequate fuel, power, raw materials, containers, transportation or labour, strike, lockout, injunction and breakage of machinery or apparatus.• GST: Goods and services tax as defined in the Goods and Services Tax Act 1985.• Order: An order placed by the Customer in accordance with these Terms.• Products: Any pallet racking and related products listed by the Company which the Company agrees to supply to the Customer on these Terms.• Quote: A quotation provided by the Company to the Customer setting out the Products available for purchase and the price of purchasing those Products.• Requested Services: Any services requested by the Customer in accordance with these Terms, such as installation of Products, engineers reports or delivery.
2. Basis of this contractThis contract sets out the terms and conditions that apply when you (“Customer”, “you” and “your”) decide to purchase products and services from Elite Racking Limited (“Company”, “we”, “us” and “our”).3. Products and Services3.1 In these terms and conditions ”products and services” means and includes, without limitation, the following:3.1.1 the manufacture, design, supply and installation of storage systems; and3.1.2 the supply of associated products and warehouse accessories; and3.1.3 all products and services listed in any application, proposal, job authorization form, email, quote, or invoice we send you are considered part of our contract. 4. Your Information and Consent4.1 You grant us permission to collect and use your information for the following purposes:4.1.1 Enforcing our rights under this contract4.1.2 Assessing your credit application4.1.3 Marketing our products and services4.2 Sharing and Disclosure4.2.1 We may share your data with other parties involved in fulfilling the stated purposes, but only with your consent.4.2.2 You have the right to revoke your consent for data sharing at any time.4.3 Access and Correction of Information4.3.1 You have the right to access and request corrections to any personal information we store about you. 5. Quotation5.1 Unless otherwise agreed, our product and/or service quotes are valid for 30 days from the issue date.5.2 All quotes exclude goods and services tax (GST) unless explicitly stated otherwise.5.3 For products and services required beyond the initial quote, you agree to pay the additional cost.5.4 If any design changes arise from your requests, including engineering design requirements, design policies, or standards not communicated before quote acceptance, Elite Racking Limited reserves the right to issue a revised quote.5.5 We reserve the right to withdraw or cancel any previously issued quotes. 5.6 Elite Racking Limited has prepared this quotation based on pertinent information supplied by the client with regards to the boundaries, size, scale and layout of the project area in question. Elite Racking Limited accepts no liability whatsoever for any losses, disputes or damages arising from construction work as a direct result of errors in this information. 6. Price6.1 The price for products and services is determined by the agreement between you and us, including any additional disbursements we incur on your behalf.6.2 In the absence of a written price, the products and services will be charged at the current rate we offer them at the time of the contract.6.3 For projects with long lead times, the quoted price for racking components may be adjusted based on fluctuations in steel, international freight, and exchange rates. Both parties acknowledge the need to requote prices in the event of significant fluctuations exceeding 3% (either positive or negative).. 7. Payment7.1 Unless otherwise agreed in writing, all payments are due on or before the invoice date.7.2 Credit card payments incur an additional 3% processing fee.7.3 Late payments accrue interest at the rate of 1.5% per month or part thereof.7.4 You are responsible for any costs incurred by Elite Racking Limited, including debt collection and legal fees, arising from enforcing payment obligations under this contract. 8. Delivery and Installation8.1 Delivery dates/times are estimates only and the Company is not liable for any delay in delivery.8.2 The Customer is responsible for ensuring that the delivery address is accessible and that someone is present to receive the Products.8.3 Installation services are available for an additional fee. The Customer is responsible for preparing the site for installation according to the Company's specifications.8.4 The Company is not liable for any damage to the Products or property caused by the Customer's negligence or failure to comply with the Company's instructions. 8.5 When Elite Racking dismantles pallet racking we will endeavour to remove floor anchors but where trubolts have been used or screwbolts are wedged into the floor we will cut the floor anchor flush with the floor. Elite Racking is not responsible for the buildings slab, any make good or repairs on the slab is the sole responsibility of the customer whether the racking is supplied by Elite Racking or not. This includes removal of floor anchors and/or filling the holes left behind; this is the responsibility of the customer. 9. Security9.1 Upon delivery to your designated site(s), all Elite Racking Limited products require inspection and signature confirmation from you (or an authorized representative). Once products arrive on-site, you assume full responsibility for their dry, covered, secure, and safe storage. Any damage incurred or deterioration of Elite Racking products during storage will remain your responsibility and cost until installation completion.9.2 We reserve the right to reclaim all products supplied to you, subject to legal procedures, if full payment for both products and services is not received. You hereby grant us the irrevocable authority to enter any premises on your behalf for such repossession.9.3 We retain full ownership of all products until you have paid for them in full. Ownership will automatically transfer to you when the payment is complete.9.4 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and(b) a security interest is taken in all Materials and/or collateral (account) – being a monetary obligation of the Client to ELITE RACKING LIMITED for product or works – that have previously been supplied and that will be supplied in the future by ELITE RACKING LIMITED to the Client.9.5 The Client undertakes to:(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ELITE RACKING LIMITED may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;(b) indemnify, and upon demand reimburse, ELITE RACKING LIMITED for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Materials charged thereby;(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of ELITE RACKING LIMITED; and(d) immediately advise ELITE RACKING LIMITED of any material change in its business practices of selling Materials which would result in a change in the nature of proceeds derived from such sales.9.6 ELITE RACKING LIMITED and the Client agree that nothing in sections 19(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.9.7 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126,127, 129, and 131 of the PPSA.9.8 Unless otherwise agreed to in writing by ELITE RACKING LIMITED, the Client waives its right to receive a verification statement in accordance with section 98 of the PPSA.9.9 The Client shall unconditionally ratify any actions taken by ELITE RACKING LIMITED under clauses9.1 to 9.5.9.9.1 Subject to any express provisions to the contrary (including those contained in this clause 9), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 10. Security and Charge10.1 In consideration of ELITE RACKING LIMITED agreeing to supply the product or works, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).10.2 The Client indemnifies ELITE RACKING LIMITED from and against all ELITE RACKING LIMITED’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ELITE RACKING LIMITED’ rights under this clause.10.3 The Client irrevocably appoints ELITE RACKING LIMITED and each director of ELITE RACKING LIMITED as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Client’s behalf. 11. Defects in Materials11.1 The Client shall inspect the Materials on delivery and shall within forty-eight (48) hours of delivery (time being of the essence) notify ELITE RACKING LIMITED of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford ELITE RACKING LIMITED an opportunity to inspect the Materials within a reasonable time following delivery if the Client believes the Materials are defective in any way. If the Client shall fail to comply with these provisions the Materials shall be presumed to be free from any defect or damage. For defective Materials, which ELITE RACKING LIMITED has agreed in writing that the Client is entitled to reject, ELITE RACKING LIMITED’ liability is limited to either (at ELITE RACKING LIMITED’ discretion) replacing the Materials or repairing the Materials.11.2 Materials will not be accepted for return other than in accordance with 16.1 above.11.3 Subject to clause 16.1, non-stocklist items or Materials made to the Client’sspecifications are under no circumstances acceptable for credit or return. 12. Personal guarantee of company directors and/or trustees12.1 In you are a company of a trust:12.1.1 In consideration of our agreement to supply products and services and grant credit to the company or the trust, the director(s) and/or trustees signing this contract also personally guarantee, jointly and severally, the payment of all outstanding sums owed by the company or trust. Additionally, they agree to indemnify us against any losses incurred due to non-payment.12.1.2 The company or trust remains fully responsible for all obligations under this contract, regardless of any personal guarantees provided by directors or trustees. 13. Limitation of liability13.1 Our total liability for any loss or damage, including consequential loss, arising from the supply of products and services to you, regardless of its cause (contract, tort, including our negligence, or other) and who experiences it (you or another party), is limited to $500.00, except as provided in clause 10.2.13.2 Laws like the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sales of Goods Act 1908, and the Building Act 2004 (including the building code) may create certain guarantees, warranties, conditions, and obligations for us that cannot be legally excluded. 14. Indemnification 14.1 The customer agrees to, at its own cost and expense, defend, indemnify, and hold Elite Racking Limited and its affiliates, officers, directors, employees, successors, and assigns harmless from and against all claims, actions, lawsuits, proceedings, losses, damages, liabilities, costs, and expenses, including without limitation reasonable attorneys’ fees, related expenses, and any amounts paid in the defense and/or settlement, arising out of or in connection with the terms of this contract and/or supply of products and services to the customer. 15. Copyright15.1 By accepting these terms and conditions, you agree that Elite Racking Limited owns and holds the copyright in all designs, drawings, systems, solutions, and specifications produced by us in connection with the products and services supplied by us. This includes, but is not limited to, any intellectual property rights arising from the development of such materials. You agree not to use, reproduce, distribute, or otherwise exploit any such materials without our prior written consent." 16. Cancellation and suspension16.1 We reserve the right to suspend or cancel your product and service contract, with or without notice, for non-payment after the due date. This right is in addition to any other remedies available to us under the law.16.2 Even if we cancel or suspend your account or order, we retain the right to:16.2.1 Collect any outstanding payments due at the time of cancellation or suspension16.2.2 Recover damages for any breach of your obligations under this contract.16.2.3 Exercise any other legal rights available to us. 17. Returns for credit require approval from Elite Racking management and depend on the type and condition of the product. Fees for return and restocking may apply. 18. Miscellaneous18.1 If any terms or conditions within any proposal or quotation we provide you differ from those outlined in this contract, the terms and conditions of this contract will supersede and take precedence.18.2 Our failure to enforce any of these terms and conditions at any point in time does not constitute a waiver of any of our rights or obligations under this contract. We retain the right to enforce them at a later date.18.3 Should any term or condition within this contract be deemed invalid, void, illegal, or unenforceable, the remaining terms and conditions will remain valid and enforceable. This ensures the ongoing legal validity and enforceability of the contract.18.4 We are not responsible for delays or failures in fulfilling our obligations if they are caused by circumstances beyond our reasonable control. This includes, but is not limited to, acts of God, wars, terrorism, strikes, natural disasters, and other unforeseen events. 19. Warranty Duration and Coverage19.1 All equipment manufactured by Elite Racking carries a 24-month warranty from the date it leaves our premises. This warranty covers defects in materials, workmanship, and installation performed by our own staff.19.2 For customers willing to participate in our ongoing audit/inspection and repair/replacement plan, Elite Racking offers an extended lifetime warranty.19.3 The warranty will become null and void for any of the following reasons:19.3.1 Non-compliance with Elite Racking's specified operating limits19.3.2 Failure to adhere to Worksafe's recommended safe operating instructions, as outlined in the customer's operational manuals19.3.3 Damage caused by overloading or improper load distribution on the system19.3.4 Damage resulting from installation performed by anyone other than Elite Racking's own employees or nominated subcontractors. 19.3.5 Failure to complete regular (6 monthly) audits with Elite Rackings auditor. 19.3.6 If the racking is damaged by the customer. 19.4 Secondhand sales are not covered by our warranty and are sold on a as is where is basis. 19.5 A one year warranty applies to pallet shuttles. 20. Building Consent and Requirements20.1 Obtaining a building consent, if required by your local authority/council, is solely the customer's responsibility.20.2 While Elite Racking Limited can assist with managing the building compliance process for an additional charge, the customer retains full responsibility for securing both the building consent and the code of compliance.20.3 The final solution design is subject to various requirements, including PS1, PS2, fire and emergency lighting reports, and council approval. Any additional requirements arising from the building consent process may result in further design changes and associated costs.20.4 Your local authority may request additional works and/or reports beyond those included in your quote from us. These additional requirements will incur additional charges. 20.5 The bay loads (load bearing capacity) is subject to a review by the PS1, PS2 and council structural engineers. All three must agree before we can commit to any bay loads/load bearing capacity. Any bay loads noted on racking plans should be considered a guideline only. 21. Audits/Rack Inspections 21.1 Audit inspections are visual inspections from the ground level only. 21.2 Some damage may not be noted in the audit report due to the damage not being visible due to customer product impeding the view.21.3 The customer retains responsibility for the integrity and safety of their racking. 21.4 A rack inspection/audit does not constitute racking compliance, the customer maintains the responsibility for ensuring their site is fully compliant. 21.5 It is the customers responsiblility to repair any damaged racking on thier site. 22. Governing Law and Jurisdiction22.1 These Terms are governed by and construed in accordance with the laws of New Zealand.22.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand. 22. Customer Acknowledgment22.1 By placing an order or accepting delivery of any Products or Services, the Customer acknowledges that they have read, understood, and agree to be bound by these terms and conditions. 23. Force Majeure 23.1 Elite Racking Limited and its affiliates, officers, directors, employees, successors will not be liable for inadequate performance caused by a force majeure event that was beyond the party’s reasonable control.
2. Basis of this contractThis contract sets out the terms and conditions that apply when you (“Customer”, “you” and “your”) decide to purchase products and services from Elite Racking Limited (“Company”, “we”, “us” and “our”).3. Products and Services3.1 In these terms and conditions ”products and services” means and includes, without limitation, the following:3.1.1 the manufacture, design, supply and installation of storage systems; and3.1.2 the supply of associated products and warehouse accessories; and3.1.3 all products and services listed in any application, proposal, job authorization form, email, quote, or invoice we send you are considered part of our contract. 4. Your Information and Consent4.1 You grant us permission to collect and use your information for the following purposes:4.1.1 Enforcing our rights under this contract4.1.2 Assessing your credit application4.1.3 Marketing our products and services4.2 Sharing and Disclosure4.2.1 We may share your data with other parties involved in fulfilling the stated purposes, but only with your consent.4.2.2 You have the right to revoke your consent for data sharing at any time.4.3 Access and Correction of Information4.3.1 You have the right to access and request corrections to any personal information we store about you. 5. Quotation5.1 Unless otherwise agreed, our product and/or service quotes are valid for 30 days from the issue date.5.2 All quotes exclude goods and services tax (GST) unless explicitly stated otherwise.5.3 For products and services required beyond the initial quote, you agree to pay the additional cost.5.4 If any design changes arise from your requests, including engineering design requirements, design policies, or standards not communicated before quote acceptance, Elite Racking Limited reserves the right to issue a revised quote.5.5 We reserve the right to withdraw or cancel any previously issued quotes. 5.6 Elite Racking Limited has prepared this quotation based on pertinent information supplied by the client with regards to the boundaries, size, scale and layout of the project area in question. Elite Racking Limited accepts no liability whatsoever for any losses, disputes or damages arising from construction work as a direct result of errors in this information. 6. Price6.1 The price for products and services is determined by the agreement between you and us, including any additional disbursements we incur on your behalf.6.2 In the absence of a written price, the products and services will be charged at the current rate we offer them at the time of the contract.6.3 For projects with long lead times, the quoted price for racking components may be adjusted based on fluctuations in steel, international freight, and exchange rates. Both parties acknowledge the need to requote prices in the event of significant fluctuations exceeding 3% (either positive or negative).. 7. Payment7.1 Unless otherwise agreed in writing, all payments are due on or before the invoice date.7.2 Credit card payments incur an additional 3% processing fee.7.3 Late payments accrue interest at the rate of 1.5% per month or part thereof.7.4 You are responsible for any costs incurred by Elite Racking Limited, including debt collection and legal fees, arising from enforcing payment obligations under this contract. 8. Delivery and Installation8.1 Delivery dates/times are estimates only and the Company is not liable for any delay in delivery.8.2 The Customer is responsible for ensuring that the delivery address is accessible and that someone is present to receive the Products.8.3 Installation services are available for an additional fee. The Customer is responsible for preparing the site for installation according to the Company's specifications.8.4 The Company is not liable for any damage to the Products or property caused by the Customer's negligence or failure to comply with the Company's instructions. 8.5 When Elite Racking dismantles pallet racking we will endeavour to remove floor anchors but where trubolts have been used or screwbolts are wedged into the floor we will cut the floor anchor flush with the floor. Elite Racking is not responsible for the buildings slab, any make good or repairs on the slab is the sole responsibility of the customer whether the racking is supplied by Elite Racking or not. This includes removal of floor anchors and/or filling the holes left behind; this is the responsibility of the customer. 9. Security9.1 Upon delivery to your designated site(s), all Elite Racking Limited products require inspection and signature confirmation from you (or an authorized representative). Once products arrive on-site, you assume full responsibility for their dry, covered, secure, and safe storage. Any damage incurred or deterioration of Elite Racking products during storage will remain your responsibility and cost until installation completion.9.2 We reserve the right to reclaim all products supplied to you, subject to legal procedures, if full payment for both products and services is not received. You hereby grant us the irrevocable authority to enter any premises on your behalf for such repossession.9.3 We retain full ownership of all products until you have paid for them in full. Ownership will automatically transfer to you when the payment is complete.9.4 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and(b) a security interest is taken in all Materials and/or collateral (account) – being a monetary obligation of the Client to ELITE RACKING LIMITED for product or works – that have previously been supplied and that will be supplied in the future by ELITE RACKING LIMITED to the Client.9.5 The Client undertakes to:(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ELITE RACKING LIMITED may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;(b) indemnify, and upon demand reimburse, ELITE RACKING LIMITED for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Materials charged thereby;(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of ELITE RACKING LIMITED; and(d) immediately advise ELITE RACKING LIMITED of any material change in its business practices of selling Materials which would result in a change in the nature of proceeds derived from such sales.9.6 ELITE RACKING LIMITED and the Client agree that nothing in sections 19(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.9.7 The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126,127, 129, and 131 of the PPSA.9.8 Unless otherwise agreed to in writing by ELITE RACKING LIMITED, the Client waives its right to receive a verification statement in accordance with section 98 of the PPSA.9.9 The Client shall unconditionally ratify any actions taken by ELITE RACKING LIMITED under clauses9.1 to 9.5.9.9.1 Subject to any express provisions to the contrary (including those contained in this clause 9), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA. 10. Security and Charge10.1 In consideration of ELITE RACKING LIMITED agreeing to supply the product or works, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).10.2 The Client indemnifies ELITE RACKING LIMITED from and against all ELITE RACKING LIMITED’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ELITE RACKING LIMITED’ rights under this clause.10.3 The Client irrevocably appoints ELITE RACKING LIMITED and each director of ELITE RACKING LIMITED as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 15 including, but not limited to, signing any document on the Client’s behalf. 11. Defects in Materials11.1 The Client shall inspect the Materials on delivery and shall within forty-eight (48) hours of delivery (time being of the essence) notify ELITE RACKING LIMITED of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford ELITE RACKING LIMITED an opportunity to inspect the Materials within a reasonable time following delivery if the Client believes the Materials are defective in any way. If the Client shall fail to comply with these provisions the Materials shall be presumed to be free from any defect or damage. For defective Materials, which ELITE RACKING LIMITED has agreed in writing that the Client is entitled to reject, ELITE RACKING LIMITED’ liability is limited to either (at ELITE RACKING LIMITED’ discretion) replacing the Materials or repairing the Materials.11.2 Materials will not be accepted for return other than in accordance with 16.1 above.11.3 Subject to clause 16.1, non-stocklist items or Materials made to the Client’sspecifications are under no circumstances acceptable for credit or return. 12. Personal guarantee of company directors and/or trustees12.1 In you are a company of a trust:12.1.1 In consideration of our agreement to supply products and services and grant credit to the company or the trust, the director(s) and/or trustees signing this contract also personally guarantee, jointly and severally, the payment of all outstanding sums owed by the company or trust. Additionally, they agree to indemnify us against any losses incurred due to non-payment.12.1.2 The company or trust remains fully responsible for all obligations under this contract, regardless of any personal guarantees provided by directors or trustees. 13. Limitation of liability13.1 Our total liability for any loss or damage, including consequential loss, arising from the supply of products and services to you, regardless of its cause (contract, tort, including our negligence, or other) and who experiences it (you or another party), is limited to $500.00, except as provided in clause 10.2.13.2 Laws like the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Sales of Goods Act 1908, and the Building Act 2004 (including the building code) may create certain guarantees, warranties, conditions, and obligations for us that cannot be legally excluded. 14. Indemnification 14.1 The customer agrees to, at its own cost and expense, defend, indemnify, and hold Elite Racking Limited and its affiliates, officers, directors, employees, successors, and assigns harmless from and against all claims, actions, lawsuits, proceedings, losses, damages, liabilities, costs, and expenses, including without limitation reasonable attorneys’ fees, related expenses, and any amounts paid in the defense and/or settlement, arising out of or in connection with the terms of this contract and/or supply of products and services to the customer. 15. Copyright15.1 By accepting these terms and conditions, you agree that Elite Racking Limited owns and holds the copyright in all designs, drawings, systems, solutions, and specifications produced by us in connection with the products and services supplied by us. This includes, but is not limited to, any intellectual property rights arising from the development of such materials. You agree not to use, reproduce, distribute, or otherwise exploit any such materials without our prior written consent." 16. Cancellation and suspension16.1 We reserve the right to suspend or cancel your product and service contract, with or without notice, for non-payment after the due date. This right is in addition to any other remedies available to us under the law.16.2 Even if we cancel or suspend your account or order, we retain the right to:16.2.1 Collect any outstanding payments due at the time of cancellation or suspension16.2.2 Recover damages for any breach of your obligations under this contract.16.2.3 Exercise any other legal rights available to us. 17. Returns for credit require approval from Elite Racking management and depend on the type and condition of the product. Fees for return and restocking may apply. 18. Miscellaneous18.1 If any terms or conditions within any proposal or quotation we provide you differ from those outlined in this contract, the terms and conditions of this contract will supersede and take precedence.18.2 Our failure to enforce any of these terms and conditions at any point in time does not constitute a waiver of any of our rights or obligations under this contract. We retain the right to enforce them at a later date.18.3 Should any term or condition within this contract be deemed invalid, void, illegal, or unenforceable, the remaining terms and conditions will remain valid and enforceable. This ensures the ongoing legal validity and enforceability of the contract.18.4 We are not responsible for delays or failures in fulfilling our obligations if they are caused by circumstances beyond our reasonable control. This includes, but is not limited to, acts of God, wars, terrorism, strikes, natural disasters, and other unforeseen events. 19. Warranty Duration and Coverage19.1 All equipment manufactured by Elite Racking carries a 24-month warranty from the date it leaves our premises. This warranty covers defects in materials, workmanship, and installation performed by our own staff.19.2 For customers willing to participate in our ongoing audit/inspection and repair/replacement plan, Elite Racking offers an extended lifetime warranty.19.3 The warranty will become null and void for any of the following reasons:19.3.1 Non-compliance with Elite Racking's specified operating limits19.3.2 Failure to adhere to Worksafe's recommended safe operating instructions, as outlined in the customer's operational manuals19.3.3 Damage caused by overloading or improper load distribution on the system19.3.4 Damage resulting from installation performed by anyone other than Elite Racking's own employees or nominated subcontractors. 19.3.5 Failure to complete regular (6 monthly) audits with Elite Rackings auditor. 19.3.6 If the racking is damaged by the customer. 19.4 Secondhand sales are not covered by our warranty and are sold on a as is where is basis. 19.5 A one year warranty applies to pallet shuttles. 20. Building Consent and Requirements20.1 Obtaining a building consent, if required by your local authority/council, is solely the customer's responsibility.20.2 While Elite Racking Limited can assist with managing the building compliance process for an additional charge, the customer retains full responsibility for securing both the building consent and the code of compliance.20.3 The final solution design is subject to various requirements, including PS1, PS2, fire and emergency lighting reports, and council approval. Any additional requirements arising from the building consent process may result in further design changes and associated costs.20.4 Your local authority may request additional works and/or reports beyond those included in your quote from us. These additional requirements will incur additional charges. 20.5 The bay loads (load bearing capacity) is subject to a review by the PS1, PS2 and council structural engineers. All three must agree before we can commit to any bay loads/load bearing capacity. Any bay loads noted on racking plans should be considered a guideline only. 21. Audits/Rack Inspections 21.1 Audit inspections are visual inspections from the ground level only. 21.2 Some damage may not be noted in the audit report due to the damage not being visible due to customer product impeding the view.21.3 The customer retains responsibility for the integrity and safety of their racking. 21.4 A rack inspection/audit does not constitute racking compliance, the customer maintains the responsibility for ensuring their site is fully compliant. 21.5 It is the customers responsiblility to repair any damaged racking on thier site. 22. Governing Law and Jurisdiction22.1 These Terms are governed by and construed in accordance with the laws of New Zealand.22.2 Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand. 22. Customer Acknowledgment22.1 By placing an order or accepting delivery of any Products or Services, the Customer acknowledges that they have read, understood, and agree to be bound by these terms and conditions. 23. Force Majeure 23.1 Elite Racking Limited and its affiliates, officers, directors, employees, successors will not be liable for inadequate performance caused by a force majeure event that was beyond the party’s reasonable control.