Terms and Conditions
- TERMS OF CONTRACT
1.1 PARTS OVERNIGHT NZ Ltd (“The Seller”) will supply goods to the
purchaser(“The Buyer”) on these Terms of Trade unless the seller agrees in
writing to change them.
1.2 The seller will not be bound by any conditions included in the Buyers
Order unless it accepts them in writing.
1.3 If the seller does not accept any conditions in the Buyers order and the
Buyer accepts delivery of the Goods delivered under that order, the acceptance
of delivery by the Buyer will be deemed to be acceptance by the Buyer of these
terms of Trade not withstanding anything that may be stated to the
contrary in the Buyers inquiries or on the Buyers orders.
1.4 The Seller has the right to not accept any orders or to cancel any orders
which it has accepted if due to circumstances beyond the Seller’s control it
would be impractical or uneconomic to fill the order.
- PRICE
2.1 Unless otherwise agreed in writing the price for the Goods is stated in
New Zealand dollars and shall be the price listed in the Sellers current price
list charged at the date of delivery. Unless otherwise agreed prices are GST
exclusive.
2.2 Unless otherwise agreed in writing the price includes the cost of delivery
by the normal road, rail, sea and air transport used by the Seller. The
additional cost of any special delivery or any special packaging requested by
the Buyer may be added to the price.
2.3 Quoted prices may be altered at any time before delivery if wages, salaries,
costs of raw materials, freight charges, duty and/or exchange rates
fluctuate before delivery.
- PAYMENT
3.1 Unless otherwise agreed in writing the Buyer must pay for the Goods by
no later than.........days from date of invoice and dispatch of the Goods
from the Seller’s Premises.
3.2 Failure to pay for the Goods by the due date may result in further
deliveries being stopped until the overdue payments have been made. The
Seller reserves the right to request from the Buyer such guarantee or security
as it may think desirable to secure to the Seller all sums due by the Buyer and
may refuse to supply further Goods to the Buyer until such security is given.
3.3 In the event of late payment (and to enable the extra costs incurred by the
Seller arising from late payment to be recovered) the Seller may charge
interest on a daily basis to the Buyer at a rate equal to 5%per annum over the
BNZ bank overdraft rate from time to time, until the overdue amounts are
paid, with the interest accruing after as well as before any judgment which
the Seller may obtain against the Buyer. The Buyer will also be liable to pay
all of the Seller’s expenses and legal costs incurred in obtaining a remedy for
the Buyer’s failure to pay for the Goods when due.
3.4 The Buyer may not set off against the price payable for the goods any
claims which the Buyer might have against the Seller.
3.5 The Seller may accept and apply payments from the Buyer in respect of
any indebtedness and the Seller will not be bound by any conditions or
qualifications attaching to such payments.
3.6 The Seller may set off against any moneys owed by the Seller to the
Buyer any moneys which the Buyer owes to any subsidiary or related
companies of the Seller so that the obligation of the Seller to the Buyer shall
be to pay the net balance only. If any of the Seller’s subsidiary or related
companies owe moneys to the Buyer then they may set off against such
moneys any moneys owed by the Buyer to the Seller in respect of any Goods
and shall only be liable to pay the net balance and the Buyer agrees that this
provision is made for the benefit of such subsidiary and relate d companies
s of the Seller and may be enforced directly by them in their own
respective names.
4 RISK AND OWNERSHIP
401 All risk in the Goods will pass to the Buyer upon delivery.
4.2 Even if risk has passed ownership in the Goods will not pass to the Buyer
until the Buyer has paid all indebtedness of the Buyer to the Seller.
4.3 Until the Buyer has paid for the Goods in full:
(a) If directed by the Seller the Buyer will store the Goods so that they
can be clearly recognised as the property of the Seller.
(b) The Buyer irrevocably gives the Seller and its agents the right to enter
the Buyer’s premises without giving notice and to remove any of the Goods
and resell them.
(c) If any of the Goods are incorporated in or used as material for other
Goods before paid for, then the property in the whole of such other Goods and
the rights to the proceeds from sale of said Goods shall remain with the Seller
until payment has been made and all of the Seller’s rights in respect of the
Goods shall extend to those other Goods.
(d) Failure by the Buyer, either to store the Goods as required in clause
4.3 (a) or to separately account for the proceeds under clause 4.3 (c) will not
prejudice the Seller’s claim to the Goods or the sale proceeds.
- DELIVERY
5.1 The Seller will make every endeavour to deliver the Goods on time. The
Seller cannot be held accountable for late delivery of Goods due to causes
beyond its control. Transportation will be arranged by the seller unless
otherwise agreed.
5.2 Goods may be delivered in instalments.
5.3 Any one order for less than $1500.00 will incur a handling charge.
- WARRANTIES
6.1 Subject to the following clauses the Seller warrants the Goods on an “out
of packet basis” and in accordance with the manufacturer of the Goods
warranty.
6.2 No warranty is given and the Seller shall not be liable:
(a) For loss caused by any factors beyond the Seller’s control.
(b) Failure to deliver the goods by any specified dates.
(c) Any indirect or consequential loss of any kind.
6.3 The Seller’s total liability for defective or damaged Goods is limited at
the Seller’s option to either:
(a) Replacing the defective or damaged Goods or;
(b) Refunding the price of the defective or damaged Goods.
6.4 Except under clauses 6.1 and 6.3 the Seller has no liability for the Goods
and gives no re [representations or warranties in relation to them. All other
warranties expressed or implied by law are excluded.
- CLAIMS
7.1 The Seller will at its option either replace defective Goods or give a credit
or refund for them as along as the Buyer obtains a Returns Authorisation
Number and returns the defective Goods to the Seller in their delivered state
within 21 days after delivery.
703 The Buyer shall have no claim in relation to Goods, which it has processed
altered or utilised.
- SEVERABILITY
Each clause in these Terms and Conditions is severable and if any clause is
held to be illegal or unenforceable then the remaining clauses will remain in
full force and effect.