PERMIT TO ENTER YOU ARE REQUIRED TO COMPLY WITH THE ENDORSEMENTS AND DETAILS SHOWN ON THIS PERMIT

Transcription

1 PERMIT TO ENTER PERMIT NO: YOU ARE REQUIRED TO COMPLY WITH THE ENDORSEMENTS AND DETAILS SHOWN ON THIS PERMIT KIWIRAIL OFFICE DETAILS OFFICE: Area Office, KiwiRail Network, CONTACT: PHONE NO: Mob Fax PROTECTION REQUIRED BY: T&S [Y/N] Signals [Y/N] Traction [Y/N] APPLICATION DATE: PERMIT APPROVAL: (Signature) APPLICANTS DETAILS COMPANY: ADDRESS: CONTACT NAME: PHONE NO: FAX NO: PERMIT DETAILS PERMIT VALID FROM DATE: TO PERMIT VALID: (Describe extent of site and permitted crossing places) REASON FOR ENTRY (or permitted activities): 1. This applicant is responsible for his/her own safety at all times. 2. This permit must be shown when requested by any KiwiRail Network employee or agent and the Project Construction Manager. 3. No conducting material (e.g. steel tape) may be allowed to touch both rails of the railway line simultaneously. 4. Nothing may encroach within the distance of the track centre (side clearance) as specified in the safety plan approval except at permitted crossings or permitted in special conditions. 5. No obstruction may be erected within 5m of the track centre unless permitted in special conditions. 6. Clothing predominantly red or green may not be worn. 7. Only white lights may be used. 8. The applicant indemnifies KiwiRail and the Crown from any claim for damages. Complete attached form. 9. The permit is not transferable. 10. The permit may be cancelled at any time by the issuing office. 11. Any Block of Line required by the Special Conditions will be confirmed as in place to the contractor by verbal communication of the KiwiRail protector or other authorised person on site. Work subject to Block of Line conditions may proceed only after such communications. 30 September 2010 Page 1 of 5

2 SPECIAL CONDITIONS (Issuing officer will delete and initial any clauses that do not apply) 1. Supervision is required and the applicant agrees to pay all supervision costs. Details of Supervision 2. The applicant is required to hold public liability insurance satisfactory to KiwiRail (minimum $500,000). 3. The permit is only valid between the following hours am to pm and excludes (add any days of the week not covered by this permit). 4. The work site shall be cleaned up on completion to the satisfaction of the KiwiRail Protection Person and/or 5. All excavations are to be fenced. 6. The Applicant must comply with the Health & Safety in the Employment Act and Regulations under that Act including, without limitation, Health & Safety in Employment Regulations 1995, and in particular must advise KiwiRail of any notifiable work. 7. Fee payable is $ plus GST Total $ (Any protection requirements are additional) 8. Other special conditions: a. Wear high visibility clothing at all times b. Wear eye protection at all times c. All equipment must carry appropriate certification REFER TO APPROVED SAFETY PLAN As applicant, I have read and accept the above conditions and agree that I, or my agents, will comply with them. Name: Position: Signature: 30 September 2010 Page 2 of 5

3 INDEMNITY In relation to and in consideration for the grant of Permit No: KiwiRail and Crown-owned land. to enter OR Contract to: The signatory below will keep fully indemnified, including against all damages, losses, expenses, costs and fines, New Zealand Railways Corporation ( KiwiRail ) and Her Majesty the Queen in right of New Zealand ( the Crown ) (together Indemnitees ) from claims which may be made to the extent caused by or contributed to by the acts, omissions or presence of the signatory or his agents or works. To the extent of recovery under a policy of insurance by the relevant Indemnitee in respect of an indemnified matter, there shall be no recovery in respect of that indemnified matter from the signatory. Signature: For: Witness: For: 30 September 2010 Page 3 of 5

4 TERMS AND CONDITIONS OF ONTRACK INFRASTRUCTURE LIMITED 1.0 General 1.1 The following Terms and Conditions shall be incorporated into all contracts involving goods supplied by KiwiRail ( the Company ). These terms and conditions of sale shall prevail over purchaser s terms and conditions of sale to the intent that any sale of goods by the Company shall be concluded on these Terms and Conditions only. 1.2 Notwithstanding clause 1.1 the Company may, by written notice to the purchaser, alter or replace these Terms and Conditions. All orders by the purchaser to such notification shall be upon the altered terms and conditions. 1.3 The Company shall not be bound by any condition warranty, representation, statement or term which is not expressly set out this document or agreed to in writing by an authorised officer of the Company. 2.0 Quotations / Payments 2.1 The Company s prices are subject to alteration without notice and the price payable by the purchaser shall be the price ruling at the time the goods are made available. 2.2 Unless otherwise stated, in addition to the price quoted, the purchaser shall pay any applicable taxes that may apply i.e. GST, Governmental, Local or Regional. 2.3 No order shall be binding on the Company unless accepted in writing by the Company or a person on its behalf. 2.4 Quotations may be revised or withdrawn by the Company at any time prior to its written acceptance of an order based on a quotation. 2.5 Where goods are supplied overseas all monies due by the purchaser shall be paid in New Zealand currency. Variation to a quotation due to currency fluctuations will be to the Purchaser s account. 2.6 Clerical errors or omissions shall not bind the Company whether in computation or otherwise in any quotation, acknowledgement or invoice and the same shall be subject to correction. 2.7 Payment is to be made without deduction or any set off of any kind on the 20 th day of the month next following that in which the company issues an invoice. 2.8 The Company may at any time after the goods are made available require immediate payment (without the need to make formal demand) or withhold deliveries if the Company considers the purchaser to be credit risk. Where any payment is not made on the due date, without prejudice to any other rights or remedies available to the Company under these terms and conditions or at law or in equity or otherwise the Company may: Charge interest on all overdue accounts at the rate of 2.5% per month calculated on a daily basis from the date on which the payment was due until such payment is made All debt collection costs and interest incurred as a consequence of default shall be passed on to the Client Withhold deliveries or cancel undelivered orders or portions thereof Cancel an order or portion thereof, retain as liquidated damages any monies paid by the purchaser up to a maximum of 10% of the purchase price Cancel any other order, contract or agreement between the Company and purchaser or suspend performance of such order, contract or arrangement pending payment without being liable to the purchaser for any losses (of any kind whether direct or indirect or consequential) they might suffer. 2.9 In additional to any other lien to which the Company may by law be entitled, the Company shall be entitled to a general lien on all goods of the purchaser, in the Company s possession, (whether or not payment has been made partly or wholly for those goods) for all amounts due from the purchaser. The Company may sell (privately/by tender or by auction) all or any of those goods if after receiving 28 days prior written notice of intention to sell the purchaser fails to pay such amounts to the Company. The Company shall apply the sale proceeds towards the amounts owed to the Company by the purchaser and shall pay any surplus to the purchaser. 3.0 Force Majeure 3.1 No liability is accepted for loss or damage of any kind (whether direct, indirect or consequential) or delay caused by Government order, civil commotion, force majeure / accidents, fires, strikes, lock-outs or delays in obtaining raw materials or goods as a result of shortage or otherwise by any other cause beyond the control of the Company. 4.0 Cancellation of orders and return of goods for credit 4.1 Orders, once accepted by the Company, may not be cancelled without the prior written agreement of the Company. The purchaser acknowledges that, if the Company in its absolute discretion agrees to cancellation of part or all of an order, the Company may, amongst other things, make that acceptance conditional upon payment by the purchaser of a handling charge of 15% and the purchaser indemnifying the Company against all costs, expenses and losses of any kind which it may suffer as a result of the cancellation. 4.2 Goods may not be returned to the Company for credit without the Company s prior written agreement. If the Company, in its absolute discretion, agrees to the return of goods for credit, the purchaser shall pre-pay delivery of the goods to the Company and the purchasers account with the Company shall be credited with the original selling price less 15%. The goods may only be returned if goods are unused and in an original condition. 5.0 Discounts 5.1 A discount given against a specific order does not bind the Company to give a similar discount or varied discount on any future order. 6.0 Credit Reference 6.1 All credit terms of settlement quoted are subject to satisfactory reference being furnished to the Company if required. 7.0 Risk and Property 7.1 The risk of any loss or damage to or deterioration of goods shall pass to the purchaser when the goods are removed from the Company s premises and it shall be the purchaser s obligation to insure the goods from that time. 7.2 The Company until payment in full of all money shall retain ownership of all goods supplied by the Company (whether for the goods or otherwise and including default interest) owing by the purchaser is paid in full. Until payment is made: the purchaser shall, where the goods have been purchased for re-sale, store the goods separately from goods not supplied by the Company the purchaser shall hold the goods as bailee for the Company. The Company may enter the premises occupied by the purchaser to take possession of the goods at any time after payment is due. 7.3 If the purchaser re-sells the goods in whole or part before full payment is made it shall hold the sale proceeds in trust for the Company and account to the Company for all money owed by the purchaser to the Company. 8.0 Warranties and Liabilities 8.1 The purchaser shall have the benefit of any warranties or conditions, which are given to the Company by the Company s supplier. Save for such warranties and conditions and any warranties or conditions conferred in writing by the Company on the purchaser in relation to particular goods sold by the Company to the purchaser, the Company makes no representation and given 30 September 2010 Page 4 of 5

5 no assurance, condition or warranty of any kind to the purchaser including any assurance, condition or warranty implied by law to the extent that the assurance, condition or warranty can be excluded in relation to the goods and accepts no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these terms and conditions of sale or in any quotation of other written documentation given by the Company to the purchaser. 8.2 Where the goods are not subject to any warranties or conditions from the Company s supplier the Company will remedy with reasonable dispatch (subject to return of goods) any original defects arising from faulty workmanship or materials which under proper and normal conditions of storage or use are revealed within 30 Days from the date of purchase from the Company. The Company s obligations under this warranty are limited to repairing (or at the Company s option replacing) any goods, parts or components found to its satisfaction to be defective. The Company may require the defective goods, parts or components to be returned to the Company s premises at the purchaser s cost (adequately packed for shipment) together with proof of purchase. 8.3 The benefit of the warranties and conditions conferred by the Company on the purchaser are personal to the purchaser and are non-assignable. 8.4 The warranties and conditions conferred by the Company upon the purchaser do not extend to damage caused to the goods (or any or them) by accident, improper operation, misuse or neglect or damage caused during maintenance, transportation, installation, or to the modification or adjustment of goods (or any parts or components thereof) previously repaired or replaced without the Company s authorisation or supervision. 8.5 In no case shall the Company be liable to the purchaser or any other person for indirect or consequential loss, labour required to rectify or replace equipment or damage of any kind, out of or attributable to any breach by the Company of its warranties or conditions or obligations under this contract, or negligence or otherwise and for the purpose of these terms and conditions consequential loss includes (without limitation) loss of use of goods or services, loss of income or profit and loss or damage to persons and property. 8.6 The Company reserves the right not to accept liability for deficiencies, damaged or faulty goods or errors in dispatch which would be apparent by inspection on delivery, unless notification in writing is given to the carriers and the Company within 7 days from the receipt of the consignment. The Company accepts no liability for loss of goods advised but not delivered unless notice to the Company and the carriers is given within 21 days of the date of the packing slip or invoice (whichever is dated the earliest) or in the case of exported goods within 14 Days from issuance of Bill of Lading (BOL). 8.7 Regardless of the legal basis of any claim of any kind made against the Company, the Company s maximum liability to the purchaser under any circumstances shall not exceed the contract price originally paid for the goods and/or services supplied by the Company which gave rise to that claim. 9.0 Compliance with Laws 9.1 The purchaser shall be solely responsible for obtaining any necessary permits and complying with all laws (including without limitation legislation, regulations, by-laws and rules) relating to the installation and operation of the goods Waiver 10.1 The Company shall not be deemed to have waived or varied any provision of these terms and conditions or any right or remedy which it may have under these terms and conditions or at law or in equity or otherwise unless the waiver or variation is in writing signed by an authorised officer of the company. No waiver of a breach shall be deemed to be a waiver of any other breach or any further breach Notice 11.1 Any notice or other document required to be in writing by virtue of these terms and conditions shall only be effective on the part of the Company if authorised by an officer of the Company Applicable Law 12.1 The Laws of New Zealand shall govern these terms and conditions and the relationship between the parties Law 13.1 This Contract shall be governed and construed in accordance with New Zealand Law and shall be subject to the jurisdiction of the Courts of NZ Arbitration 14.1 If any dispute or difference shall occur between the parties as to the construction or interpretation of this Contract, or as to any matter or thing connected with or arising out of this Contract or the rights, duties or liabilities of either of the parties under this Contract, the dispute or difference may be referred by either of the parties for determination by an arbitrator to be appointed by the president of the Auckland District Law Society (or his or her nominee). Such referral shall be a submission to arbitration in accordance with the Arbitration Act 1908, as amended extended or re-enacted from time to time. This clause shall not apply to the Company s right to terminate his agreement under clause 15.0 herein Termination 15.1 The Company may at any time in its sole discretion without notice to the customer terminate an order and/or the credit account. Upon such termination of the credit account all amounts outstanding for goods previously supplied to the customer will become immediately due and payable by the customer. After termination the Company will not be obliged or liable to supply any goods to the customer on credit terms. PRIVACY ACT 1993 By your application you authorised the Supplier or any third party to supply and disclose any personal information as to your credit worthiness. You have the right to access to and correction of personal information held by the Supplier or its agencies. 30 September 2010 Page 5 of 5