TERMS AND CONDITIONS OF TRADE
1.1 ‘SELLER’ shall mean Packnet and any company which is directly or indirectly and any duly authorized agent.
1.2 ‘BUYER’ shall mean the person, authorized agent or legal entity described in the application, or stated on the invoice or order form buying goods and/or services from the seller.
1.3 ‘GOODS’ has the same meaning as section 2 of The Sale of Goods Act 1908 and is any goods provided by the seller to the buyer.
1.4 ‘SERVICES’ shall mean all services supplied by the seller to the buyer and includes any recommendations and/or advice.
1.5 ‘PRICE’ shall mean the cost of the goods and any other costs.
2.1 Any instructions received by the seller from the buyer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.
2.2 No agent or representative of the seller is permitted to make any such agreements, representations, conditions or warranties not expressly confirmed by the seller in writing.
3.1 The buyer authorizes the seller to collect, use and retain any information concerning the buyer for the purpose of assessing the buyer’s credit worthiness, to enforce any rights under this contract, or the marketing of any goods & services provided by the seller to any other party.
3.2 The buyer permits the seller to disclose information obtained to any person for the purposes as set out in clause 3.1.
3.3 Where the buyer is a natural person the authorities under (clause 3.1 & 3.2) are authorities or consents for the purposes of the Privacy Act 1993.
RISK & DELIVERY
4.1 The risk in the goods shall pass to the buyer upon delivery and the buyer will insure the goods for their full replacement value for the benefit of the seller until ownership of the goods has passed to the buyer.
4.2 If any of the goods are damaged or destroyed prior to property in them passing to the buyer, the seller is entitled to receive all insurance proceeds payable in respect of the goods.
4.3 Delivery of goods shall be deemed complete when the seller gives possession of the goods for delivery to the buyer, or possession of the goods is given to a general carrier for delivery to the customer.
4.4 The seller shall not be liable to the buyer for damage or loss due to failure by the seller to deliver the goods promptly.
4.5 Estimates given for delivery times are “best endeavor” and no guarantee or responsibility will be accepted by the seller for loss or damage resulting from any delays.
PRICE & PAYMENT
5.1 Prices unless otherwise stated include GST but exclude all other taxes, levies or tariffs, exchange rate fluctuations, freight or insurance charges, which if applicable will be an extra charge to the buyer.
5.2 Price will be specified on the invoice or quotation and will be the current price at time of delivery. No installation costs will be included unless previously agreed.
5.3 The seller reserves the right to vary prices at any time to take into account increases in award rates, cost of living increases, or costs of materials including exchange rate fluctuations or any additional expenses incurred or resulting from supply variations.
PAYMENTS, DEFAULTS AND CONSEQUENCE
6.1 Payment means the receipt of cleared funds by the seller.
6.2 If payments are in default the seller (without prejudice to any other rights it has pursuant to these conditions or by law) may withdraw any previously agreed discounts or special terms.
6.3 If payment is not made on due date the seller reserves the right to charge interest at the rate of 2.5% above the current overdraft rate which the buyer has with their principle registered bank.
6.4 Any disbursements, expenses and legal costs incurred by the seller for default in payment by the buyer shall be to the buyer’s account including any debt collection fees, court cost and solicitor’s fees.
6.5 Payment will be accepted by electronic banking, credit card or by any other method as agreed between the seller and the buyer.
RETENTION OF TITLE
7.1 All goods sold by the seller shall remain the property of the seller and shall be separately identified,
7.2 Title in the goods passes to the buyer when the buyer has made full payment for all goods supplied by the seller.
7.3 The buyer gives necessary authority to the seller to enter any premises occupied by the buyer, at any reasonable time, to remove any goods not paid for in full by the buyer. The seller shall not be liable for damages, costs or expenses or any other losses suffered by the buyer as a result of this action.
PERSONAL PROPERTY SECURITIES ACT 1999
8.1 The buyer agrees that the provisions herein constitute a Security Interest in Personal Property (as those forms are defined in the PPS Act 1999) in respect of which the seller may register a financial statement on the Personal Property Securities Register.
8.2 The buyer hereby waives its rights contained in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPS Act 1999.
8.3 The buyer undertakes to immediately advise the seller of any material change in its business practices of selling goods which would result in a change in the nature of proceeds derived from such sales.
8.4 The seller and the buyer agree that nothing in sections 114(1)(a), 133 and 134 of the PPS Act 1999 shall apply to these Terms and Conditions.
REPRESENTATION & WARRANTIES
9.1 The seller shall not be bound by any representation or warranty made by the seller, its employees or agents unless set out in writing. The buyer agrees that it has purchased goods solely in reliance on the buyer’s judgment.
10.1 The seller shall have the right at any time without notice to the buyer to set-off in discharge or reduction of any monies owing by the buyer whether due for payment or not any monies held by the seller for the buyer.
RETURN OF GOODS
11.1 The buyer shall be deemed to have accepted the goods unless the customer notifies the seller otherwise within 7 days (seven days) of delivery of the goods to the buyer.
11.2 If the goods are not accepted according to clause 11.1 of this contract the customer shall pay for the delivery of the returned goods to the seller.
11.3 The seller will not accept product returned for credit that is in any way damaged, or not of merchantable quality, or product that has been specially manufactured or procured for the buyer.
11.4 At the seller’s discretion defective goods will be replaced or refunded by the seller if the customer has notified the seller within 7 days (seven days) of delivery.
LIMITATION OF LIABILITY
12.1 The seller shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of the seller’s obligation under this contract or in tort.
12.2 Where the seller is liable to the buyer, the maximum cost of any liability shall not exceed the value of the goods or services provided by the seller to the buyer.
CONSUMER GUARANTEES ACT 1993
13.1 This agreement is subject, in all cases except where the buyer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.
14.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
14.2 All goods supplied by the seller are subject to the laws of New Zealand and the seller takes no responsibility for changes in the laws which affect the goods supplied.
14.3 The seller shall be under no liability whatever to the buyer for any indirect loss and/or expense (including loss of profit) suffered by the buyer arising out of a breach by the seller of these terms and conditions.
14.4 The seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the buyer in writing of such change.
All retail shopping websites should provide a terms and conditions page. This page should including the following items, but the wording is completely up to you. We have just placed some default wording to get your mind thinking.
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