Terms & Conditions
Price
• The price you pay will be increased by the amount of GST, other taxes and duties which may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price).
We can revise our prices at any time prior to accepting your order.
• We can increase the price where there is an increase in the cost of any items (including exchange rates changes) affecting the cost of supply, production and/or delivery of the goods between the date of the contract and the date of delivery. If we do this then you can withdraw your order.
• You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.
Payment
• Payment MUST be made in cash prior to delivery of your order, unless we agree otherwise in writing. If we allow you credit, payment is due by the 20th of the month following the date of invoice. We can alter the terms of payment with effect from the date that we notify you of such change.
• We can impose a credit limit on you at any time, and alter it at our discretion with effect from the date that we notify you of such change. If you exceed your credit limit, we can refuse to supply goods to you.
• If we at any time consider your credit worthiness to be unsatisfactory we can require security for payment.
• You cannot withhold payment or make any deductions from any amount you owe us without our prior written consent.
Delivery
• Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
• If no place of delivery is specified, delivery shall take place at the time when the goods are made available for despatch at our premises.
• We can deliver the goods by instalment, and each instalment shall be treated as a separate contract.
• Any time stated for delivery is an estimate only.
Cancelled orders
• No goods will be credited in the following circumstances: (1) we have not issued you a Goods Return Authority; (2) where the shrink-wrap or disk seals are broken, (3) after 30 days from the date of invoice.
• If you cancel any order after dispatch to you (regardless of whether the order has been delivered to you) and you have complied with the previous provision, we will credit you to the order value (but NOT our freight charges) less our restocking fee on return in a saleable condition of the goods ordered within 7 days of despatch. At the date of these terms, our restock fee is $30 or 5% of the goods sale value (whichever is greater).
Risk of ownership
• Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
• Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
• We can enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so. We can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us.
• We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
Repairs and Replacements
• We do not undertake that repair facilities and parts will be available for the goods. We will not be liable to repair or replace any defective goods and at our discretion we may:
- notify the manufacturer of the goods of any defect notified by you; and
- request the manufacturer to repair or replace any defective goods.
Default
• If you do not pay the price by due date, we may charge a default penalty at a rate of 2.5% per month calculated on a daily basis on the unpaid portion of the price from the due date until payment in full, plus any GST.
• You will, on demand, pay to us any amount we incur (including solicitors' and collection agency costs, court costs and disbursements) in recovering payments of any overdue account.
• If an Event of Default occurs, we may suspend or terminate any contract with you.
• If an Event of Default occurs, all amounts you owe us shall immediately become due and payable notwithstanding that the due date has not arisen.
• An "Event of default" means and event where:
- you fail to comply with the terms of any contract with us; or
- you commit an act of bankruptcy; or
- you enter into any composition or arrangement with your creditors; or
If you are a company:
- you do anything which would make you liable to be put into liquidation; or
- a resolution is passed or an application is made for liquidation; or
- a receiver or statutory manager is appointed over all or any of your assets.
Use of information
• You agree that we may obtain information about you from you or any other person in the course of our business, and you consent to any person providing us with such information.
• You agree that we may give any information we have about you relating to your credit worthiness to any other person, including credit or debt collection agency, for credit assessment and debt collection purposes.
• You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us.
No liability
• We shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage if the failure or delay arises from a cause unforeseeable or beyond our control.
• Our total liability to you in relation to any goods is limited to the price of those goods. we will not, in any case, be liable for any consequential or special damages, including loss of business profits.
Other Agreements
• These terms apply to all transactions where we supply goods to you.
• If there is any inconsistency between these terms and any orders submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.
Waiver
• If WE exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.
Assignment
• You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
Governing Law
• This contract and its terms are governed by, and shall be construed in accordance with the laws of New Zealand.
• Both parties submit to the exclusive jurisdiction of the courts of New Zealand.
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