Terms & Conditions

1. 1. DEFINITIONS

1.1    “Arlington Arms” means Arlington Arms Limited and the agents and employees of Arlington Arms Limited.

1.2    “Customer” means the person or entity who or which has instructed Arlington Arms to provide the Services, or any person acting on that person or entity’s behalf.

1.3    “Goods” means the unit/s, article/s, object/s or firearms supplied by Arlington Arms to the Customer, forming part of the Services provided by Arlington Arms.

1.4    “Guarantor” means the person/s listed in the Schedule and/or the  principal  owners  of  the Customer in accordance with clause 2.2.

1.5    “Payment in Full” means the payment by the Customer to Arlington Arms of all amounts owing by the Customer to the Arlington Arms in connection with the provision of the Services, including amounts calculated in accordance with clause 5 and any other amount that is or may become owing  by  the  Customer  to  Arlington Arms in accordance with the Terms and Conditions.

1.6    “Services”   means   all   services   and   Goods provided to the Customer by Arlington Arms.

1.7    “Terms and Conditions” means the terms and conditions contained in these terms and conditions of engagement.

1.8    “Variation”   means   any   change,   deletion, adjustment and/or alteration to the Terms and Conditions.

2. 2. INTRODUCTION

2.1    The supply of Services by Arlington Arms to the Customer is governed by the Terms and Conditions, unless Arlington Arms and the Customer agree to alternative terms and conditions in writing.

2.2    Where the Customer is trading via a company,

trust or limited partnership, the persons instructing Arlington Arms (and/or the persons listed as Guarantors) who are the principal owners of the Customer, jointly and severally guarantee all of the Customer’s obligations arising out of these terms and conditions.

2.3    The Terms and Conditions come into force, and are deemed to be accepted by the Customer, when Arlington Arms accepts instructions from the Customer to supply the Services.

3. 3. SERVICES

3.1    Subject to the Terms and Conditions and the Customer complying with all their obligations under these Terms and Conditions, Arlington Arms will provide the Services to the Customer in accordance with the Customer’s instructions and with all reasonable care and skill as would ordinarily be expected in the provision of such services.

3.2     If in providing the Services Arlington Arms is supplying secondhand goods from a third party then Arlington Arms will request a description of the quality or condition of the items and will pass that description on to the Customer.  Arlington Arms does not give any express or implied warranty regarding the condition and/or state of repair, quality or any other warranty whatsoever in respect of those used items.

3.3     Arlington Arms reserves the right, at any time and at its sole discretion, to refuse or cancel any orders.

4. 4. CUSTOMER OBLIGATIONS

4.1    The Customer:

4.1.1  will pay for the Services, in accordance with clause 5, and any other amounts owing to the Arlington Arms in accordance with these Terms and Conditions.

4.1.2  will provide to Arlington Arms accurate and complete information on a timely basis to enable Arlington Arms to carry out the Services.

4.1.3  update any information provided to Arlington Arms where there has been a material change to the information, including telling Arlington Arms if the Customer’s circumstances have changed.

4.2    The Customer acknowledges that Arlington Arms

may rely on any information provided by the Customer to enable Arlington Arms to provide the Services. Arlington Arms will not be liable to the Customer or any other person for loss or damage resulting from the Services performed in reliance upon incorrect or misleading information supplied by the Customer.

5. CUSTOMER WARRANTY

5.1     The Customer warrants that:

5.1.1  It is the holder of a current NZ Firearms Licence and that its Licence is endorsed appropriately for the Services that the Customer is asking Arlington Arms to provide; and 

5.1.2 It has obtained (or will obtain) all necessary permits and permissions that are required by law (from time to time) for it to order, obtain and possess the Goods and Services.

5.2     If the Customer is in breach of any of these warranties Arlington Arms may cancel the provision of any Services and the Customer shall remain liable for the full cost of the Services.     

6. 6. PRICE AND PAYMENT TERMS

6.1    The price for the Services will be in accordance with the price (if any) provided, and where no price has been provided, in accordance with Arlington Arms standard rates at the time the Services are provided plus GST and disbursements.

6.2    When an amount is  payable  or  will  become payable by the Customer to Arlington Arms pursuant to these Terms and Conditions and/or pursuant to provision of the Services, Arlington Arms will render an invoice to the Customer and the Customer will pay the invoiced amount in full no later than seven (7) days following the date of the invoice (“the Due Date”). Arlington Arms may render such invoices, at its discretion:

6.2.1  upon the completion of the Services; and/or

6.2.2  from time to time  as  progress  payment invoices throughout the provision of the Services.

6.3    If the Customer fails to pay any invoiced amount by the Due Date, the Customer will be in default and Arlington Arms may at its discretion charge interest on the amount owing at a rate of 15% per annum, from the Due Date until the date of payment including after judgment.

6.4     The Customer and the Guarantor (if any) indemnifies Arlington Arms from and against Arlington Arms costs and disbursements in recovering any outstanding monies owed, including legal costs on a solicitor and client basis, and any other costs of collection.

6.5   Arlington Arms may require payment in full or the payment of a deposit prior to the provision of the Services, the sum of which will be determined by Arlington Arms in its sole discretion.

7. 7. PERSONAL INFORMATION/PRIVACY

7.1    Arlington Arms may collect personal information and other relevant information about the Customer for the purposes of providing the Services, and the Customer authorises the Arlington Arms to hold, use and disclose to third parties (such as the Inland Revenue Department, banks and credit agencies) such information as is necessary to carry out the Services.

7.2    Arlington Arms agrees to handle all personal information about the Customer in accordance with the Privacy Act 2020 and the Customer shall have the right to access and correct such personal information.

8. 8. LIMITATION OF LIABILITY

8.1  The warranties and obligations imposed on Arlington Arms   by the Consumer Guarantees Act 1993 (“CGA”), Fair Trading Act 1986, and any other relevant statute which may apply to the provision of the Services and which cannot be excluded or modified will apply to the provision of the Services to the minimum extent allowed by the relevant statute.

8.2     Except as otherwise provided at subclause 8.1,and to the fullest extent permitted by law all warranties, whether express, implied, or statutory, are excluded and Arlington Arms will not be liable to the Customer or any other person:

8.2.1  in contract (including under any warranty),tort (including negligence), equity or otherwise for any loss or damage to the Customer or any other person in relation to any Services provided to the Customer.

8.2.2  for loss or injury caused by the use by the Customer, or any other person, of the Services.

8.2.3  for loss of revenue, loss of profits, loss of production, loss of use, loss of contract, loss of business or loss of opportunity, whether arising directly or indirectly, or for any indirect, consequential or special loss of any kind.

8.2.4  where Arlington  Arms  has  provided  the

Services in reliance on incorrect, misleading or inaccurate information provided by the Customer.

8.3    The   Customer   indemnifies   Arlington   Arms against any claim made by a third party for loss or damage however arising in relation to the Services including Arlington Arms actual legal expenses.

8.4     If despite clause 8.2 Arlington Arms is liable to the Customer then its total combined liability for all events shall be limited to the total value of any Services provided to the Customer within the period of 6 months prior to the Customer’s notification of any claim.

9. 9.  DISPUTE RESOLUTION

9.1    Where a dispute or difference arises between Arlington Arms and the Customer in relation to the Terms and Conditions or in relation to the Services provided by Arlington Arms, the parties will in the first instance and in good faith use their best endeavours to resolve the matter between themselves in accordance with the following process:

9.1.1   If either party considers a matter to be in dispute or a difference to arise, that party will notify the other party of the dispute or difference in writing.

9.1.2   Upon receipt of notice in writing, the parties will attempt to resolve the dispute or difference through direct negotiation.

9.1.3   If the dispute or difference is not resolved within ten (10) business days of receipt of the notice, then the parties will refer the dispute or difference to mediation

9.1.4   A Mediator should be agreed upon by the parties, but in the event the parties are unable to agree on a mediator within five (5) business days after the mediation has been initiated, then the mediator will be appointed by the chairperson of Arbitrators & Mediators’ Institute of New Zealand Inc.  The cost of the appointment and the Mediator’s costs shall (unless agreed otherwise by the parties) be borne equally between Arlington Arms and the Customer.

9.2     Nothing in these dispute resolution provisions limits the right of Arlington Arms to bring a claim in the Courts in accordance with clause 6 of these Terms and Conditions.

10. 10. NO ASSIGNMENT

10.1   The Services provided by Arlington Arms to the Customer are personal to the Customer and may not be assigned by the Customer, whether in whole or in part, unless otherwise agreed in writing by Arlington Arms.

11. 11. CANCELLATION

11.1 In the event that the Customer cancels the delivery of the Services, the Customer agrees to pay all amounts outstanding up to the date of cancellation (including full payment for Services which are partially completed and all expenses incurred whether indirectly or directly resulting from the cancellation).

11.2  Arlington Arms has the right without notice to suspend or cancel in whole or in part any agreement for the supply of Services to the Customer if the Customer breaches its obligations under these Terms and Conditions or fails to pay any money owing after the Due Date.

11.2  Cancellation or termination of any agreement between the parties is without prejudice to any rights and obligations of the parties accrued up to and including the date of cancellation or termination.

12. 12. CONSUMER GUARANTEES ACT 1993

12.1  Where the Services are provided for business purposes, the Customer agrees that the provisions of the Consumer Guarantees Act will not apply.

13. 13. DELIVERY AND PASSING OF RISK

13.1  This clause applies where there will be a delivery of the Goods to the Customer

13.2  There will be no delivery of the Goods to the Customer until:

13.2.1  Payment in Full is received by Arlington Arms.

13.3  Delivery occurs at the earlier of:

13.3.1 Time possession of Goods passes to the Customer, or person nominated by the Customer;

13.3.2 any Goods leave the premises of Arlington Arms.

13.4  The risk in Goods passes to the Customer on delivery.  It is the Customer’s responsibility to insure the Goods from the date of delivery.

14. 14. PROPERTY RIGHTS

14.1  Ownership and title to the Goods supplied in connection with the Services will remain vested in Arlington Arms and will not pass to the Customer until Payment in Full is made by the Customer.

14.2  If  possession  of  the  Goods  passes  to  the

Customer before Arlington Arms has received Payment in Full, the Customer acknowledges and agrees that:

14.2.1  the Goods supplied are held by the Customer as bailee;

14.2.2  the  Customer  irrevocably  grants  Arlington Arms the right and licence to enter upon any premises occupied by the Customer, without notice and without liability whatsoever to the Customer or to any person or company, to search for and remove the Goods supplied to the Customer in which Arlington Arms has ownership in accordance with subclause 14.1.

14.2.3  if the Goods have been sold by the Customer prior to Payment in Full to Arlington Arms, then the proceeds of the sale will be the property of Arlington Arms up to the amount owing by the Customer to Arlington Arms.

15. 15. VARIATION

15.1 Arlington Arms may change these Terms and Conditions from time to time by notice to the Customer, which may be by revising this document on its website with the revised terms taking effect as at the date of its posting.  

16. 16. MISCELLANEOUS

16.1  The application of these Terms and Conditions together with any annexures referred within are the entire agreement between Arlington Arms and the Customer and supersede all representations, agreements or other communications made by Arlington Arms, its agents, or employees.

16.2  If any part of these Terms and Conditions is illegal, unenforceable or invalid, that part is to be treated as modified or removed to the extent required to make it effective and the rest of these Terms and Conditions are not affected.

16.3   If Arlington Arms fail to enforce any terms or to exercise any right under these terms of trade at any time it has not waived that right.

16.4   If the performance of Arlington Arms is prevented, restricted or affected by any reason of a force majeure event including strike, lockout, material or Goods shortage, transport or delivery delays or any other cause beyond the reasonable control of Arlington Arms then Arlington Arms may be excused from its performance to the extent of the relevant prevention, restriction or effect.

16.5  The law of New Zealand applies to these Terms and Conditions.