Terms of Service
1.1 Unless expressly modified or varied in writing, the following terms and conditions (“Conditions”) shall be deemed to be incorporated into and form part of the contract between the Supplier and the Customer and to have been accepted by the Customer. The Supplier reserves the right to alter, modify or update these Conditions from time to time.
2. Retention of Title
2.1 Title to the goods shall only pass to the Customer on payment of the full purchase price. Pending payment of the full purchase price and until that time the Supplier shall retain title and a security interest in the Goods in terms of the PPSA.
2.2 If the goods are incorporated into other goods such goods shall vest in the Supplier to the value of the goods supplied; The Customer shall hold the goods as bailee for the Supplier; If the Customer sells the goods to a third party the Customer shall be the agent of and shall hold the proceeds of sale as trustee for the Supplier.
2.3 If payment by the Customer is overdue the Supplier may enter the Customer’s premises at any time (with force) to inspect or take possession of the goods.
3. Information and Privacy Act
3.1 For the purpose of facilitating the efficient running of the Supplier’s business, the Customer authorises the Supplier: To collect all information it may require from any third parties and authorises those third parties to release that information to the Supplier; and to hold all information given by the Customer or any third parties to the Supplier; and to use that information, including giving information to any other person to facilitate collection of debts from the Customer.
3.2 The information will be collected, held and used on the condition that: It will be held securely at the Supplier’s business; and it will be accessible to any of the Supplier’s employees and agents who need access to it for the efficient running of the Supplier’s business; and the Customer may request access to and correction of the information at any time.
4.1 Risk in any goods supplied to the Customer will pass when the Supplier parts with possession of the goods.
Unless otherwise agreed in writing, the Supplier will be deemed to have parted with possession of the goods once the goods have left the Supplier’s premises.
5. Delivery and Freight
5.1 The Supplier will make every effort to keep to delivery schedules, but will take no responsibility for delivery delays beyond its control. Unless otherwise agreed in writing, the point of delivery will be at the point the goods leave the Supplier’s premises or, if the goods are to be transported to the Customer, at the point they are unloaded off the truck at the Customer’s premises.
5.2 The Supplier shall not be liable for loss or damages for delay in delivery or for failure to give notice of delay when such delay is due to conditions beyond the Supplier’s reasonable control.
6.1 With respect to quotations, product prices will be confirmed in writing at the time of order but prices are subject to change without notice. Freight on the goods is chargeable in addition unless otherwise agreed. Prices are inclusive of GST unless expressly stated to be exclusive of GST.
7. Terms of Payment
7.1 Full payment is required before delivery or, at the Supplier’s election, prior to delivery in the case of out of store deliveries. Payment will be on an invoice basis and no statement will be issued.
7.2 Interest will be charged on overdue accounts at the interest rate specified on the front of the invoice. The customer is liable to pay all expenses and legal costs incurred by the Supplier relating to the enforcement of these conditions.
7.3 Any cheque, trade-in, bill of exchange or other negotiable instrument given by the Customer to effect payment under a contract will not be considered to be a payment until that instrument has been actually paid or honoured.
8. Consumer Guarantees Act
8.1 If the Customer purchases or indicates that the purchase of the goods is for the purposes of a business the provisions of the Consumer Guarantees Act 1993 will not apply.
8.2 The Supplier does not give or make any undertaking, assertion or representation in relation to the goods without the prior written approval of the manufacturer.
8.3 To the maximum extent permitted by law, neither the Supplier nor the manufacturer shall be liable for any loss of profits, loss of goodwill, loss of opportunity, loss of anticipated savings or any consequential, indirect or special loss or damage.
8.4 In the case of any purchase to which clause 8.1 applies, the liability of the Supplier (and the Customer’s sole remedy against the Supplier) shall, at the Supplier’s election, be limited to the repair or replacement of the goods or the provision of a refund.
9.1 Subject to the Consumer Guarantees Act 1993, goods supplied shall be subject to the terms and conditions of any warranties and guarantees provided by a manufacturer in respect of the goods.
9.2 No warranty whatsoever is given by the manufacturer in respect of any goods unless specifically stated in writing by the manufacturer.
9.3 Except as set out in these Conditions, all warranties or conditions or other terms express or implied by statute, common law or custom are excluded to the maximum extent permitted by law.
10.1 No order, once accepted by the Supplier, may be cancelled or varied by the Customer. Any cancelled order, where stock is accepted back, will incur a restocking fee of 15%.
“Customer” means the person purchasing goods from the Supplier.
“Goods” means all goods supplied by the Supplier to the Customer, as described in any one or more of the relevant order form, invoice, delivery slip or other similar document and each such order form, invoice, delivery slip or other document shall be deemed to be assented to by the Customer and incorporated in, and form part of these conditions.
“PPSA” means the Personal Property Securities Act 1999 (as modified).
“Supplier” means the person named on the invoice as Supplier and its successors and assigns.