TERMS AND CONDITIONS OF SALE
1. PRICES: The prices stipulated by ANC Distribution New Zealand Limited (hereafter referred to as the ‘Company’) shall be increased or decreased by the amount of any increase or decrease in the cost of materials, transport, labour, customs and other duties, insurance and other factors affecting the cost of production and/or delivery due to circumstances beyond the control of the Company between the date of quotation and the date of delivery.
2. TERMS: The terms of payment are nett cash on the 20th day of the month following that in which the goods are despatched by the Company to the Purchaser. Interest may be charged from that date at such a rate as may be set from time to time by the Company.
3. DELIVERY: Delivery shall be deemed complete when the Company gives possession of the goods to a carrier for delivery to the place indicated as the delivery address, or for delivery to a main airport, port or railway station if the goods are to be delivered by air, sea or rail. If the Purchaser fails to accept the goods by the delivery date specified or such later date as the Company is able to make delivery, the Purchaser shall pay reasonable storage costs until the Purchaser accepts the goods. The Company shall not be liable for any damage or loss whatsoever arising from any failure to deliver or delay in delivery of the goods, caused by any event beyond the Company’s control.
The Company reserves the right to deliver the goods by instalments and each instalment shall be deemed to be a separate contract subject to the same conditions as the main contract. Should the Company make defective delivery of or fail to deliver one or more instalments this shall not entitle the Purchaser to repudiate the main contract.
4. RETURNS: Goods will only be accepted for return after discussion with and agreement by the Management of ANC Distribution New Zealand Limited. Requests to return goods must be made within 7 days from the date of Invoice, and may incur a 15% restocking fee. Non standard products will not be accepted for return. Freight for such returns will be at the Purchaser’s expense.
5. RISK AND TITLE:
(a) The risk in the goods supplied by the seller to the Purchaser shall pass to the Purchaser upon delivery, but the ownership in them shall not pass to the Purchaser until the Purchaser has paid for the same and discharged all outstanding indebtedness to the seller whatsoever, Receipt by the seller of any cheque or other bill of exchange or promissory note shall not be deemed payment or conditional payment until the same has been honoured or cleared and until such time shall not prejudice or affect the seller’s rights, powers or remedies against the Purchaser and/or the goods.
(b) In the event that the Purchaser is not purchasing the goods for the purchaser’s own use or consumption, then until payment in full of the purchase price and all outstanding indebtedness has been made, the Purchaser acknowledges and agrees as follows:
- that the goods supplied are held by the Purchaser as bailee to be sold by it as agent for and on behalf of the seller,
- that the Purchaser shall if directed by the seller, store the goods supplied in such a way that it is clear that they are the property of the seller,
- that the Purchaser hereby irrevocably gives the seller, its agents and servants, leave and licence without the necessity of giving any notice to enter on and into any premises occupied by the Purchaser to search for and remove any of the goods supplied to or in which the seller has ownership as aforesaid without in any way being liable to the Purchaser or any person or company claiming through the Purchaser.
6. WARRANTY: All products manufactured by ANC Distribution New Zealand Limited are warranted to be free from defects in materials or workmanship for a period of 3 (three) months from date of shipment. During this period ANC Distribution New Zealand Limited will at its option repair or replace without charge any products or part thereof found to be defective in material or workmanship. All other products will be covered by the supplier or manufacturer’s warranty. This warranty does not extend to any product which has been subject to abuse, misuse, negligence, accident, alteration or unauthorised repair. Defective products must be returned to ANC Distribution New Zealand Limited, Auckland within the above period, transportation prepaid. ANC Distribution New Zealand Limited will bear the cost of return transportation.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ANC DISTRIBUTION NEW ZEALAND LIMITED BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF VEHICLE, CARGO OR PROFITS.
7. DEFAULT IN PAYMENT:
If the Purchaser defaults in the due payment of the Invoiced price, the Company may
(a) terminate the contract and in this event the Company shall enter upon the premises and take possession of the goods and the Company may resell such goods and apply the proceeds in the abatement of the Invoiced price; or
(b) retain the services of a debt collection agency/attorney to recover the payment and costs incurred in the recovery of the payment shall be for the account of the Purchaser.
8. CONTRACT: The terms set out here are the only term conditions and warranties of this Contract, unless otherwise agreed in writing by the parties.