Acceptance and Limits of Contract :

  • No order will be accepted except upon these Conditions. Any terms and conditions proffered by a Customer are hereby excluded. Any order placed by a Customer whether in writing, verbally, by e-mail or fax, shall be deemed to constitute an offer by the Customer to enter into a contract upon these Conditions of Sale.

Quotations and prices :

  • Any quotation given by the Company is open for acceptance within the time stated, or if no time is stated then within 30 days. Any quotation may be withdrawn before being accepted.
  • Unless otherwise stated, prices quoted by the Company, do not include GST, freight to the customer or installation costs.

Passing of Property :

  • Goods shall remain the property of the Company until the whole of the contract price and all other amounts owing on the account which relate to the contract are paid in full.
  • The Company is irrevocably authorised to enter upon any premises where the goods are situated, and take possession of and remove the goods at the Customer's expense:
    1. At any time after the purchase price ( or part thereof) has become due and has not been received in full
    2. If the purchase price has not been received in full (whether or not the purchase price has become due) upon the appointment of a receiver of the whole or any part of the Customer's undertaking or upon the Customer entering liquidation or upon the Customer suffering any similar action in consequence of debt.

Delivery and Risk :

  • The Company shall not be liable for any delay in delivery of the goods on account of fire, strikes, riots, acts of civil or military authorities, shortage of materials or any other causes whatsoever beyond the Company's reasonable control.
  • Risk to the goods shall pass to the Customer as soon as the goods are delivered to the Customer. Unless otherwise agreed in writing, the goods shall be deemed to have been delivered to the Customer when possession of the goods is given to the Customer. Unless otherwise agreed it shall be the Customer's responsibility to insure the goods once risk has passed to the Customer.

Loss or Damage in Transit :

  • No liability will be accepted by the Company for loss or damage to goods in transit unless notification is received by the Company in writing within 2 days of delivery.
  • It is the Customer's responsibility to check that goods are received in good condition when delivered by couriers or freight forwarders. Upon receiving goods transported by Parties other than the Company, it is the responsibility of the Customer to note on the delivery documents any damage or loss of goods, and then to immediately advise the Company.

Terms of payment :

  • Where no other terms of payment have been specifically agreed in writing, the Company's terms of payment are as follows:
    1. For Customers who have accounts with the Company the terms of payment are 20th of the month following the date of invoice. Payment to be by cash, cheque or direct bank credit.
    2. For Customers who do not have accounts with the Company, terms are cash, cheque of direct bank credit by the time the goods are available for delivery.
  • In the event of the Customer failing to comply with the Company's terms of payment, the Company reserves the right to stop credit to that Customer until the terms of payment are fully met.

Arbitration :

  • In the case of any dispute or difference arising between the Company and the Customer as to the construction of any contract for the sale of goods by the Company to the Customer or the rights, duties or obligations of either party thereunder, every dispute or matter of difference shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1908.
Freight Transport Logistics & Storage Services Auckland New Zealand