Terms And Conditions All prices (unless specified) exclude freight and GST, and are subject to change without notice (Error & Omissions Excepted).
· NZ Ceiling and Drywall Supplies Ltd agrees to sell and the Customer agrees to buy the goods ordered through NZ Ceiling and Drywall Supplies Ltd.
· By placing the order for goods through NZ Ceiling and Drywall Supplies Ltd you are deemed to accept the terms and conditions of sale.
· The purchase price is for goods supplied and packed, and is exclusive of maintenance.
· 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.
· Purchase prices are given in New Zealand dollars unless otherwise stated.
· 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.
· Is by credit card through a secure payment gateway.
Risk and 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.
· While ownership of the goods remains with us:
· You must store them separately or clearly identify them as belonging to us.
· We authorise you in the ordinary course of your business to use the goods or sell them for full consideration. This authority is revoked from the earlier of the following:
· we deem your credit to be unsatisfactory;
· the occurrence of an Event of Default; or
· the time that we notify you in writing that this authority is revoked.
· 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.
· If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.
· We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
· Where the Consumer Guarantees Act 1993 ("Act") applies:
· If the goods are acquired by you for business purposes you agree that the Act does not apply.
· If you on-supply goods you must:
· do so on the basis that the Act does not apply where the goods are on-supplied for business purposes; and
· notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
· You acknowledge that no Express Guarantees (as defined in the Act) are provided.
· If a claim is made directly against us by a consumer under the Act then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Act.
· Nothing in these terms is intended to have the effect of contracting out of the provisions of the Act except to the extent permitted by the Act.
· Except as otherwise required or prevented by law or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature (including fitness for purpose) are completely excluded.
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 own 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.
· 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 (including indirect or consequential loss of profits, data or damage) as claimed by you.
· Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Unisys for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates.We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
· If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our control, then we are released from our obligations under this agreement.
· You hereby indemnify and will keep us indemnified against all obligations and liabilities incurred by an act or omission by you in relation to this agreement.
· We have the right to cancel this agreement (without prejudice to any of its rights) immediately upon any of the events: a. If you cease or threaten to cease to carry on business; or a.b. If a receiver or similar officer is appointed in respect of all or any assets belonging to you, or you are unable to pay your debts when they fall due, enter into a scheme with your creditors or any steps are taken to place you into liquidation; or a.c. If you commit a breach of this agreement and the breach is not remedied within 14 days of notification of the breach by us.
· Upon termination we will be entitled to repossess and resell any unpaid goods within the term of terms risk and ownership. Termination shall not relieve you from any liability or responsibility that has arisen before the date of termination.
· These terms apply to all transactions where we supply goods to you.
· This agreement supersedes the terms of all prior agreements, understandings, representations or warranties previously given by us or any agent of NZ Ceiling and Drywall Supplies Ltd in respect of goods.
· If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.
· If at any time any provision of this agreement becomes illegal, invalid or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired.
· 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.
· You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
· 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