Terms & Conditions
1.1 “Goods” shall mean all goods supplied, or to be supplied, to the Purchaser by the Supplier pursuant to this Agreement. 1.2 “Goods and Services” shall mean all Goods, and all products, provided by or to be provided by the Supplier to the Purchaser. 1.3 “Price” shall mean the cost of the Goods as agreed between the Supplier and the Purchaser subject to clause 3 of these sales terms. 1.4 “Purchaser” shall mean the party described as the purchaser, customer or similar. 1.5 “Supplier” shall mean the party described as such vendor or similar.
2. Collection and use of information
2.1 The Purchaser authorizes the Supplier to collect, retain and use any information about the Purchaser, for the purpose of assessing the Purchaser’s credit worthiness, enforcing any rights under these terms, or marketing any Goods provided by the Supplier to any other party. 2.2 The Purchaser authorizes the Supplier to disclose any information obtained to any person for the purposes set out in clause 2.1 2.3 Where the Purchaser is a natural person the authorities under clauses 2.1 and 2.2 are authorities or consents for the purposes of the Privacy Act 1993.
3.1 Where no price is stated in writing or agreed to orally the Goods shall be deemed to be sold at the current amount as such Goods are sold by the Supplier at the time of the sale to the Purchaser. 3.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods that is beyond the control of the Supplier between the date of the sale and delivery of the Goods.
4.1 Payment terms for the supply and / or installation of the Goods shall be made as follows: 4.1.1 Payment in full of the purchase and / or installation price 220.127.116.11 Payment by use of Finance credit facility 18.104.22.168 Payment by use of any other credit company 22.214.171.124 Payment by use of Credit card 126.96.36.199 Payment by Cash or bank deposit 4.1.2 All amount due must be paid in full upon delivery and / or installation of the Goods. 4.2 Default interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month. 4.3 Any expenses, disbursements and legal costs incurred by the Supplier in the enforcement of any rights contained in these terms due to a default by the Purchaser shall be paid by the Purchaser, including any solicitor’s fees or debt collection agency fees. 4.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full. 4.5 The Supplier and the Purchaser each acknowledge and agree that the sale is not a consumer credit contract for the purposes of the Credit Contracts and Consumer Finance Act 2003 because the whole of the Price is due and payable in accordance with clause 4.4.
5. Delayed Installation Payment Terms
5.1 Where the Goods (or part of the Goods) are not available for immediate installation the Purchaser shall pay an initial deposit to secure order of the Goods equivalent to 50% of the price of the goods. 5.2 The Supplier shall then install any part of the Goods that is available for immediate installation with the balance of the Goods to be installed within ninety (90) days. 5.3 The Purchaser shall pay the balance of the price upon completion of installation of the Goods. 5.4 If installation of the Goods is delayed longer than ninety (90) days due to unforeseen circumstances outside the control of the Supplier including by not limited to manufacturing and shipping delays, the Supplier shall notify the Purchaser of such delays and will keep the Purchaser informed of the likely date of installation and will endeavour to complete installation at the earliest opportunity. The Supplier shall not be liable to the Purchaser for any costs incurred as a result of such delays.
6.1 Where a quotation is given by the Supplier for Goods: 6.1.1 Unless otherwise agreed the quotation shall be valid for 1 day from the date of issue; and 6.1.2 The quotation price shall be plus goods and services tax unless specifically stated to the contrary. 6.1.3 The Supplier reserves the right to alter the quotation price because of circumstances beyond its control. 6.2 Where Goods and services are required in addition to the Goods which are the subject of the quotation, the Purchaser agrees to pay for the additional cost of such additional Goods and Services.
7.1 The Goods remain at the Supplier’s risk until
delivery to the Purchaser.
7.2 Delivery of Goods shall be deemed complete when the Supplier gives possession of the Goods directly to the Purchaser or possession of the Goods is given to a carrier, courier, or other bailee for purposes of transmission to the Purchaser.
8. Title and security (Personal Property Securities Act 1999)
8.1 Title in any Goods supplied by the Supplier
passes to the Purchaser only when the Purchaser has made payment in full for
all Goods provided by the Supplier and of all other sums due to the Supplier by
the Purchaser on any account whatsoever. Until all sums due to the Supplier by
the Purchaser have been paid in full, the Supplier has a security interest in
8.2 If the Goods are attached, fixed, or incorporated into any property of the Purchaser, by way of any attachments, installation, or assembly process, title in the Goods and Services shall remain with the Supplier until the Purchaser has made payment for all Goods and Services. 8.3 The Purchaser gives irrevocable authority to the Supplier to enter any premises occupied or owned by the Purchaser, or on which Goods are situated, at any reasonable time after default by the Purchaser or before default if the Supplier believes a default is likely and to remove and repossess and Goods and any other property to which Goods are attached or in which Goods are incorporated. The Supplier shall not be liable for any costs, damages, expenses or losses incurred by the Purchaser or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. The Supplier may either resell any repossessed Goods and credit the Purchaser’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Purchaser’s account with the invoice value thereof less such sum as the Supplier reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profit and costs. Product Terms and Conditions of Sale (please read carefully) 8.4 Where Goods are repossessed by the Supplier pursuant to clause 7.3 the Purchaser waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA. 8.5 The following shall constitute defaults by the Purchaser: 8.5.1 Nonpayment of any sum by the due date. 8.5.2 Before full payment of the Price is made by the Purchaser, any Goods are seized by any other creditor of the Purchaser or any other creditor intimates that it intends to seize Goods, or the Purchaser is bankrupted or put into liquidation or a receiver is appointed to any of the Purchaser’s assets or a landlord distrains against any of the Purchaser’s assets, or a Court judgment is entered against the Purchaser and remains unsatisfied for seven (7) days.
9. Change of mind
9.1 Without limiting the Customer’s rights under the Door to Door Sales Act 1967, the Customer may return the Goods for change of mind within 10 days of delivery, on condition that: 9.1.1 The Goods are in undamaged condition and are suitable for resale; and 9.1.2 the customer pays the Supplier a restocking fee of 10% of the purchase price paid for the Goods.
10.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Supplier which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on the Supplier, the Supplier’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. 10.2 Except as otherwise provided by clause 10.1 the Supplier shall not be liable for: 10.2.1 Any loss or damage of any kind whatsoever, arising from the supply of (or delay in supplying or failure to supply) Goods by the Supplier to the Purchaser, including consequential loss whether suffered or incurred by the Purchaser or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by the Supplier to the Purchaser; and 10.2.2 The Purchaser shall indemnify the Supplier against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of the Supplier or otherwise, brought by any person in connection with any matter, act, omission, or error by the Supplier its agents or employees in connection with the Goods.
11. Product Warranty
11.1 Manufacturer’s product warranty applies where applicable to the Goods. 11.2 Any written product warranty provided by the Supplier to the Purchaser shall also form part of these sale terms.
12.1 The Supplier owns and has copyright in all designs, specifications, documents, works and software produced by the Supplier in connection with the Goods provided pursuant to the sale to the Purchaser. The Purchaser may use the Goods only if paid for in full and only for the purpose for which they were intended and supplied by the Supplier.
13. Consumer Guarantees Act
13.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Purchaser acquires Goods from the Supplier for the purposes of a business in terms of section 2 and 43 of that Act.
14. Personal Guarantee of Company Director or Trustees or others
14.1 If the Purchaser is a company or trust, or if this sales terms are accepted by an agent of the Purchaser, the director(s) or trustee(s) or other person accepting these terms for or on behalf of the Purchaser, in consideration for the Supplier agreeing to supply Goods to the Purchaser at their request, agree to these terms in their personal capacity and jointly and severally personally guarantee as principal debtors to the Supplier the payment of any and all monies payable to the Supplier under this sale to the Purchaser. They also jointly and severally indemnify the Supplier against non-payment by the Purchaser. Any personal liability of a Party hereto shall not exclude the Purchaser in any way whatsoever from the liabilities and obligations contained herein. The agent and the Purchaser shall be jointly and severally liable under these sales terms for payment of all sums due hereunder.
15.1 Failure by the Supplier to enforce any of the terms and conditions contained herein shall not be deemed to be a waiver of any of the rights or obligations the Supplier has under these terms. 15.2 If any provision of these sales terms shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.1 The Supplier warrants that the product is free from defects and is of merchantable quality under normal use and service for a period of 5 years. The Supplier’s entire liability and the Purchaser’s exclusive remedy shall be repair or replacement of the Product or the defective component. The Purchaser accepts and understands that the use of non-Supplier parts and service shall void this warranty.
Notice to customer: Right of cancellation
You have for a short time a legal right to cancel this Agreement. You can do this by contacting our office on phone (09) 218-8610 or you can also email email@example.com requesting a ‘Notice of Cancellation Form’ before the end of the period of 7 days beginning with the day after the day on which you signed this Agreement. You can give the notice by posting it or emailing, or by delivering it, to us at the address shown in this Agreement. If you cancel this Agreement any money you have already paid will be refunded to you. If you have received the goods purchased by you, you need take no action to return them but can wait for them to be collected. You need not hand them over unless you have received a request to do so and have received your money.