Terms & Conditions
1 DEFINED TERMS
"Goods" means all goods supplied from time to time by us to you, provided that:
where the Goods supplied are your Inventory, then all references to Goods in these Terms shall in respect of those Goods, be read as references to Inventory; and
where the Goods supplied are not Inventory then all references to Goods in these Terms shall in respect of those Goods, mean the goods described in anyone or more of the relevant order form packing slip or invoice (or its equivalent, whatever called) relating to those goods, on the basis that each such order form , packing slips or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of these Terms "Inventory" has the meaning given to that term in the PPSA.
"PPSA" means the Personal Property Securities Act 1999 as amended or substituted from time to time.
Unless the context or otherwise requires, words and phrases shall have the meanings given to them in or by virtue of, the PPSA
2 TERMS OF CONTRACT
Any Goods or services supplied to you shall be subject to these Terms unless we agree in writing to change them. If you accept Goods or services from us, those actions by you will be deemed to be acceptance of these Terms, notwithstanding anything that may be stated to the contrary in your enquires or your order.
Unless otherwise agreed in writing all freight, insurance, delivery and travel charges will be additional to any price quoted.
4.1 Unless otherwise agreed in writing you must pay for Goods and services by the 20'" day of the month following the date of the invoice relating to those Goods or services
4.2 If full payment for the Goods or services is not made on the due date, then without prejudice to any other remedies available to us;
We may cancel or withhold supply of further Goods or services;
Interest on monies overdue shall be charged on a daily basis arid be calculated by adding 5 % per annum to the overdraft rate payable by us to our bankers at the time of and during such default, and interest shall continue to accrue both before and after judgment. You shall be responsible for all costs incurred by us by recovering such monies.
4.3 We may from time to time vary your credit limit with us at our discretion, in relation to further purchases of Goods and services. If any acquisition would be in excess of your credit limit, we reserve the right to require payment in cash prior to delivery of the Goods or services, of the amount by which the cost exceeds your credit limit.
4.4 Your obligation under these Terms shall be to pay the full amount owing under these Terms free of all deductions or rights of set off. We will not be bound by any conditions or qualifications you may attach to any payment to us under these Terms.
4.5 The name that will appear on your statement for the transaction will be Fourforty Industries Ltd.
5.1 Ownership in the Goods shall not pass upon delivery, but shall remain with us until full payment of all monies owing by you to us has been made. Until all monies have been paid;
You hold the Goods supplied as fiduciary for us and will deal with them as agent for and on behalf of us (but will not hold yourself out as our agent to any third parties);
You shall store our Goods separately consistent with the Goods being our property, and ensure such goods are able to be separately identified;
You irrevocably give us and our agents the right to enter your premises, to remove any of the Goods supplied and resell them. You agree to indemnify us (and our agents) against any liability incurred in connection with such entry and removal;
6 RISK AND DELIVERY
6.1 Unless otherwise agreed, you shall be responsible for the cost of arranging transportation of all Goods. It we are delivering the Goods to you, we will use all reasonable endeavors to see that deliveries are made according to schedule, but shall not be responsible for delivery delays due to causes beyond our control.
6.2 Risk in respect of the Goods sold shall pass to you when the Goods are delivered to you or your carrier, or the time you pay for the Goods, whichever is the earlier. Risk in the Goods in our possession for servicing remains with you. It is your responsibility to insure the Goods, even if we have arranged transportation of the Goods
7.1 Details of warranties available, if any will be provided upon request but are subject to clauses 8.2 and 8.3. Except to the extent of written warranties given by us to you, all warranties and representations in respect of Goods sold or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law. Where any written warranty conflicts with clauses 8 2 or 8 3 the provisions of clauses 8.2 and 8.3 as applicable shall apply
7.2 We shall not be liable:
Where you have altered or modified the Goods, mis-applied the Goods, or have subjected them to any unusual or non-recommended use servicing or handling:
For loss caused by any factors beyond our control;
For any indirect or consequential loss of any kind:
Where the terms of any written warranty nave not been complied with, or any manufacturers' handbook provided to you has not been complied with.
7.3 Our total liability under any warranty for defective or damaged Goods supplied by us, or in relations of services is limited at our option to either;
replacing or repairing the defective or damaged Goods; or
refunding the price of the defective or damaged Goods.
7.4 Any Goods returned to us must be returned freight paid. You can claim for any reasonable freight charges. Where we elect to repair defective Goods, we will use all reasonable endeavours to repair the Goods as soon as possible, but will not be liable for any delay in completing the repairs.
8 GENERAL TERMS
You may not cancel any orders for Goods or part of it without our written consent. If you do so, in addition to any other rights we may have, we may incur a financial penalty to you of 25% of the order value at our discretion. We shall have the right to cancel any order where we deem it to be impractical or unreasonable to fill the order/s.
8.3 Governing Law
These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have non-exclusive jurisdiction in respect of all matters between us.
8.4 The Privacy Act
You and any guarantor (if relevant) authorise us to collect and hold personal information from any source we consider appropriate to be used for the purposes of determining credit worthiness, for communicating promotional activities and product information, for debt collection purposes, or for any other related purpose.
8.5 Consumer Guarantees Act (CGA)
If the CGA applies these terms and conditions shall be read subject to your rights under the CGA provided that where you are acquiring goods or services for business purposes the CGA shall not apply.