Terms and Conditions of Sale

  1. APPLICATION: At its discretion, Seller reserves the right to refuse the applicants credit facilities.
  2. CONDITIONS OF SALE: The Goods detailed on any invoice or packaging slip are supplied on these Terms and Conditions. These Terms and Conditions apply whenever Buyer purchases goods from Seller.  Seller reserves the right to vary these Terms and Conditions from time to time.
  3. PRICES: The Buyer shall pay the prices detailed in the Seller’s invoices pursuant to the Price List, as notified from time to time by the Seller. Prices stated shall be exclusive of any tax, freight, insurance tariffs or other levies and charges. The Prices List may be altered without notice.
  4. PAYMENT: The Buyer shall pay the seller by the 20th of the month following date of invoice unless the parties make some other arrangement. Accounts will immediately be put on stop credit if payment terms are not adhered to and Seller will levy a fee from Seller of 2% per month or part thereof in respect of any overdue balance.
  5. OWNERSHIP: Ownership of the Goods delivered by Seller will pass to Buyer when Seller has received full payment for the Goods delivered (including any Goods previously delivered). Until ownership of the Goods has passed to Buyer, Buyer agrees to hold the Goods on behalf of Seller under the following conditions: 
    5.1.    Any money received from the sale of invoiced goods will be held in trust for Seller;
    5.2.    Seller is permitted to enter Buyer’s premises to inspect and/or repossess the Goods or any Goods previously supplied;
    5.3.    Seller may repossess the Goods at any time after:
    5.4.    The due date for payment of any of the Goods (or any Goods previously supplied) has passed; or
    5.5.    The appointment of a receiver or liquidator or commencement of liquidation of Buyer, or any other act of insolvency including any attempt to enter into a debt compromise arrangement with Buyer’s creditors; or
    5.6.    Buyer cease, or give notice of its intention to cease, carrying on business.
  6. RISK: Buyer will bear the risk of any loss, damage to, or deterioration of, the Goods due to any cause whatsoever from the time Seller deliver the Goods to Buyer.  
  7. SECURITY: Buyer grants Seller a security interest in the Goods to secure payment of any amounts and performance of any obligations that are, at any time, owed to Seller.  
  8. PPSR
    8.1.    The Customer hereby grants the Seller a security interest under the PPSA in all Goods the Seller supplies or agrees to supply to the Customer, to secure the obligations of the Customer to pay the Seller all amounts payable by the Customer for Goods and the performance by the Customer of all its other obligations to the Seller under these Terms or otherwise. This security shall  continue until all amounts owing by the Customer to the Seller in respect of any Goods supplied or on any other account have been paid in full. The Customer must not create or allow to exist or be created a security interest over the Goods other than the security interest in favour of the Seller.
    8.2.    The Seller may allocate all moneys received from the Customer in any manner it determines including any manner required to preserve any purchase money security interest in the Goods. While property in or title in the Goods remains with the Seller, the Seller retains the right to enter the premises or land where the Goods are held or stored and remove them, as agent for the Customer, without being liable or responsible for any damage caused in doing so.
    8.3.    The Customer must, upon request, promptly give the Seller all assistance and information (which the Customer warrants is complete, accurate and up-to-date in all respects) as is necessary to register a financing statement and to meet all other requirements under the PPSA to ensure that the security interest evidenced by these Terms constitutes a first ranking Perfected Security Interest (as that term is defined in the PPSA)
    8.4.    The Customer waives the right to receive a copy of the verification statement confirming registration of a financing statement or financing change statement relating to any Goods
    8.5.    The Customer agrees that nothing in sections 114(1) (a), 133 and 134 of the PPSA shall apply to the security agreement constituted by these Terms, or any security interest in the Goods, and waives any rights it may have under sections 121, 125, 126, 127, 129 and 131 of the PPSA.
  9. CLAIMS and RETURNS: No claim by the Buyer relating to defective or non-conforming goods will be recognised by the Seller unless the Seller is notified of same in writing within seven days of delivery of the goods to the Buyer. Goods must be returned within 14 days of dispatch in the original condition that they were sold in, Goods returned between 15 – 30 in the original condition they were sold in will incur a restocking fee of $10.00 or 10% of the returned goods value (whichever is the greater) may apply. After 30 days returned Goods will not be credited. Credits will not be processed unless a copy of the original packing slip/invoice accompanies the goods. These will be processed within 72 hours of Seller receiving the Goods and all necessary paperwork. Special lines and non-stock items are non-returnable or refundable.
  10. WARRANTY: Other than as expressly provided for in these terms or in specific product warranties provided by the Seller, the Seller excludes all other warranties imposed on it by statute, conditions or obligations to the extent permitted by law and excludes any warranty. Condition or obligation imposed or implied under common law, equity or otherwise.
  11. CONSUMER GUARANTEES ACT 1993: If the goods are supplied for business use then the provisions of the Consumers Guarantees Act 1993 do not apply.
  12. FORCE MAJEURE: The Seller shall not be liable for any loss, damage or liability of any kind whatsoever for any failure to deliver any order on time or for non-delivery or delay caused directly or indirectly by war, act of God, strike, lockout, riot, Government action or interference, fire, earthquake, material shortage, late delivery by manufacturer, shipping or transport delay or any other cause beyond the reasonable control of our business. The Buyer shall be bound to accept and pay for goods delivered within a reasonable time after such cause of the failure or delay.
  13. GOVERNING LAW: These terms are governed by the laws of New Zealand. Any claim or dispute arising from these terms, the parties agree to resolve such dispute themselves within one (1) month of the dispute arising. The parties then agree to use mediation to attempt to resolve the dispute. Nothing in this clause will prevent either party from taking the steps to seek any relief before the New Zealand Courts.

The Buyer acknowledges that the information provided within this notice has been read and understood by the Buyer. By placing a purchase order with Seller, or, by signing below, the Buyer hereby agree to abide and be bound by the general terms and conditions which are set out on this application.