Prices and payment

Unless stated otherwise, all estimates and prices are exclusive of GST which will be added where applicable and is payable by you. Unless otherwise agreed in writing:

• All freight, insurance, delivery and travel charges will be additional to any price quoted;

• Any quoted price is subject to variation and may be increased if we incur an increase in costs due to foreign currency rates, freight and insurance charges (if included), or as a result of increases in the cost of materials and labour beyond our control.

All invoices must be paid prior to despatch of goods, unless credit application has been agreed.

Retention of Title
Ownership in the Goods supplied remains with us until you have paid for the Goods in full until all amounts owing have been paid:

• You hold the Goods as a fiduciary for us and will deal with them as our agent (but you may not hold yourself out as such to third parties).

• You are prohibited from selling or otherwise disposing of the Goods before ownership and title of the goods supplied has passed to you. If you do sell them, any period of credit applicable to the sale of the Goods will automatically terminate and you must hold the proceeds of the sale of the Goods separately on trust for us.

Risk and Delivery

• Delivery occurs when the Goods are made available at our premises for pick up by your nominated carrier, or our nominated carrier delivers the Goods to your nominated address. We are not liable to you for failure to deliver Goods where the failure arises from or as a result of circumstances outside our control and delay in delivery does not entitle you to cancel any order or refuse to accept delivery of the Goods.

• Unless otherwise agreed in writing with you, from the time the Goods are picked up from our premises or dispatched by us, risk of any loss or damage to the Goods from whatever cause lies with you and you are solely responsible for arranging insurance for Goods dispatched.

• If any Goods are damaged or destroyed prior to ownership passing to you, without prejudice to any of our other rights, we are entitled to all insurance proceeds payable for the Goods and production of this contract is sufficient evidence of our right to receive those insurance proceeds without the need for any person to make further enquiries.

Warranty and Limit of Liability
We will not be liable to you:

• Where you have altered, modified or mis-applied the Goods or subjected them to any non –recommended use, servicing or handling, or failed to comply with any written warranty terms; For any indirect or consequential loss including any loss of profits or any loss caused by factors beyond our control; For any second hand Goods; For any shipping costs associated with warranty items;

• In any event, our liability (whether in contract, tort or otherwise) for any loss, damage or injury whatsoever shall be limited to, in our discretion, the replacement or repair of the Goods or the purchase price of the Goods/ services in respect of which the loss or damage is claimed.

Second Hand Goods
If you are buying second hand goods, then unless we have given you a specific written warranty for those Goods, you are deemed to have relied upon your own judgement as to the nature, quality and condition of the Goods and their sufficiency for any purpose and not upon any representation made by us. No description of Goods Sold on Behalf by us constitutes a sale by description.

Cancellation
You may not cancel an order for Goods without our written consent. We may retain any payment. We may cancel an order that is impractical, or not cost efficient for us to supply or if we believe, in our opinion, that there is risk that you are not solvent.

Liens
All Goods delivered to us or in our possession for servicing or repair may be retained by us until our services have been paid for in full. Where we retain a lien over your goods, and you are more than 90 days overdue with payment, we may sell those goods on terms we think fit and apply the proceeds to the amounts owing to us.

Applicable Law  - CONSUMER GUARANTEES ACT
The law and the jurisdiction of this contract shall be that of New Zealand.

The provisions of the Consumer Guarantees Act will apply to this contract unless you are not a consumer as defined in that Act or you hold yourself out as acquiring the Goods or services for business purposes.

Personal Property Security Act 1999 (“PPSA”)
To the extent permitted by law, you agree that we contract out of Sections 114(1)(a), 133 and the Purchaser’s rights referred to in Sections 107(2)(c), (d), (e), (h) and (i) of the PPSA. This means that until ownership of the Goods passes to you, you waive your rights under the PPSA to:

• Receive a copy of any verification statement or financing change statement,

• Receive notice that we intend to sell the Goods or retain them to enforce our security,

• Redeem the Goods or object to our proposal to retain goods in satisfaction of any obligation owed to us

• Receive a statement of account on the sale of the Goods (although you are entitled to have any surplus funds returned to you)

• Where the Goods become an accession, as defined in the PPSA, receive notice of the removal of the accession and not have goods damaged by that removal;

And you must not give us, or allow any other person to give us written demand to register a financing change statement or allow any person to register a financing change statement.

Authorisation

You acknowledge that you have read these terms and conditions and thus grant us a security interest in our Goods and any proceeds of those goods on every supply made to you, and you will enter into any further documents or provide further information necessary for us to register a financing statement protecting our interests.