TERMS AND CONDITIONS OF SALE
This order is subject to the following terms. Any variation must be in writing and must be signed by the company or its manager.
Price stated at the checkout page is the final price of goods. Goods will be paid for in full before shipping.
The company shall not be liable:
- For non-delivery (except to refund any monies paid on account of the purchase price).
- For the delay in delivery on the part of the company from whatever cause.
- For any direct or indirect or consequential loss or damage arising from such non-delivery or delay or from any other act or omission by or on behalf of the company.
Return of Goods:
2.4 Shipping of returned goods will be at the expense of the buyer.
- AVALIABILITY OF GOODS
The company shall not be bound to import goods to fulfill this order. If at the time of intended delivery the company has no goods or insufficient goods in stock in New Zealand and is not able to obtain sufficient goods within a reasonable time, the company shall be excused from performance. The purchaser shall then be entitled to a refund of any monies paid on account of the purchase price.
- EXCHANGE VARIATIONS
The company shall be entitled to adjust the price of the goods to take account of currency exchange rates where the goods or components are imported.
- WARRANTY AND EXCLUSIONS
- The only warranty on the part of the company in respect of any new goods is that the goods shall be merchantable quality. Such warranty is given to the exclusion of all other warranties conditions and liabilities.
- The company does not give any express or implied warranty regarding the condition and/or state of repair, merchantable quality or any other warranty whatsoever in respect of used goods sold by the company. The purchaser specifically acknowledges that it has purchased such goods in reliance on its own skill and judgment and on the basis of caveat emptor.
- No representation shall be binding on the company unless in writing and signed by the company or the company manager.
- Without limiting the generality of the foregoing provisions the company shall not be liable for any personal injury, property damage, consequential or contingent or other loss or damage whatsoever cause through the negligence or otherwise of the company, its servants or agents.
- In respect of the failure of any goods the company’s liability shall be limited to the replacement of those goods with similar goods of merchantable quality, or at the sole option of the company, refund of any monies paid by the purchaser in full or repair of those goods.
- If goods are found to be incorrect for intended purpose, a seven day return period applies. Goods must be unused, and in resalable condition.
- PASSING OF RISK
All goods shall remain at the risk of the company until such shall leave the premises of the company. All goods shall be at the sole risk of the purchaser from the time of delivery to the purchaser or a carrier on its behalf notwithstanding that the property in the goods has not passed to the purchaser.
- RESERVATION OF THE TITLE
- All property title and ownership of the goods shall remain with the company until the full purchase price has been paid to the company in legal tender.
- Prior to acquiring the property in the goods, the purchaser may dispose of such goods to a third party in the ordinary course of business and in such event shall hold the proceeds of such sale in trust for the vendor. The purchaser shall pay the proceeds of such sale to the vendor forthwith.
- If, prior to acquiring the property in the goods, the purchaser shall intermingle such goods with any other goods or if such goods shall become a constituent part of any other goods the property in the goods shall nevertheless remain vested in the vendor until the whole of the purchase price has been paid to the vendor. In cases where sub-clause 8.2 applies, the purchaser shall hold the proceeds of sale in trust for the vendor.
- If the purchaser fails to comply with its obligations under this agreement the company may by itself or its agents or servants enter upon any land premises or property of or in the possession of the purchase and may retake possession of such goods and remove them from such land, premises or property. The purchaser shall indemnity the vendor in respect of all such actions.
- SCOPE OF CONDITIONS
These conditions supersede and exclude all general terms and conditions of contract imposed or sought to be imposed by the purchaser at any time in relation to the order.