Terms Of Trade

Terms Of Trade

1.   Risk and Property

The risk of any loss, damage to or deterioration of the goods shall be borne by the buyer from the time of delivery.The ownership of the property remains with the company until payment in full has been received.
Whilst ownership of the goods remains with the company:
   a.  The buyer must store them separately and clearly identify them as belonging to the company.
   b.  The company authorises the buyer in the ordinary course of its business to use the goods and sell them for full consideration provided that no Event of Default has occured.

If the buyer resells or uses the goods before ownership of the goods has passed to them, the proceeds of any such sale or use shall be received and held by the buyer (in whatever form), in trust for the company to the extent necessary to pay for the goods in full.

The buyer agrees that at any time an Event of default has occurred or at any time if the goods are at risk, the company may take possession of any goods and/or sell or dispose of any goods in such manner and generally on such terms and conditions as the company thinks fit, and in each case do anything the buyer could do in relation to the goods.

As agents for the buyer, the company (and its employees and agents) may, without prior notice, enter upon any land or premises where the company believes the goods are kept in order to take possession of and/or remove them. The buyer agrees to procure all other rights (including consents) necessary to enable, and to indemnify the company (and its employees and agents) against any liability incurred in connection with, such entry, taking of possession and removals.

2.   Claims

If an order is correctly executed, a return may be accepted with the written consent of the company which shall be given at the company's discretion. A return charge calculated at 10% of the value of the goods may be made to cover clerical and other expenses, and the buyer shall pay any delivery or insurance charges applicable.

Any claim, of whatever nature including any requests for credit, must be received by the company in writing and within 14 days of delivery. In each case the relevant dispatch docket number and/or invoice number must be quoted.

The liability of the company, whether in contract, negligence or otherwise, for any loss or damage arising from any defect or non-compliance of the goods is limited to the replacement of the goods or, at the discretion of the company, a refund of the price paid. the company shall not be liable for any indirect, consequential or special damage of loss of any kind whatsoever.

When supplying products outside the company's general range and manufactured specifically to the buyer's specifications or other requirements, the company reserves the right to deliver up to 10% over or under the quantity so ordered.

The buyer agrees that the goods are purchased from the company for business purposes and that the Consumer Guarantees Act 1993 does not apply.

3.   Terms

The Terms and Conditions of every contract entered into between the buyer and the company for the sale and purchase of any goods shall be deemed to incorporate these Terms and Conditions and any relevant order, confirmation, quotation or acceptance document relating to the sale. In the event of any conflict arising between these terms and any other document then these terms shall prevail. The placement of any order for goods from the company shall for all purposes be deemed to be acceptance of these conditions.

4.   Governing Law

The laws of New Zealand shall apply to any contract to which these Terms of Trade apply.

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