Terms and Conditions of Sale of Pakuranga Joinery Ltd ("the Seller")
The conditions of sale set out below shall apply to all contracts for the supply of goods (“goods”) made with the seller and the person purchasing the goods (“the Buyer”) and shall not be modified except when by written amendment by the parties in advance of any transaction to supply goods
Acceptance of the delivery of any goods will be deemed to be acceptable by the Buyer of these terms and conditions notwithstanding anything that may be stated to the contrary in the buyer’s enquiries or on the buyer’s orders
All prices unless otherwise stated are exclusive of goods and services tax (GST) and any quote given shall be valid for 30 days of the date of issue.
4.1 Payment of all accounts is to be made by the 20th of the month following the date of invoice (‘the payment date”). In the event that payment is not received by the payment date, default interest may be charged by the seller discretion of the seller at a rate of 3% per month for the period during which the payment has been overdue.
4.2 No credit shall be extended on overdue accounts, except by prior written agreement with the seller
4.3 Part deliveries may be invoiced separately and shall be paid accordingly.
4.4 Legal costs incurred in the collecting overdue accounts be payable by the buyer
5 Delivery / Completion
5.1 Dates given for the completion of the order or delivery are stated in good faith but not to be treated as a condition of sale. No claim shall be made by the buyer on account of late delivery however caused.
6. Unanticipated Events
The seller shall be entitled to cancel or suspend delivery of goods in the event of any delay or non-due directly or indirectly to wars strikes lockouts delays or default of manufacturer’s suppliers acts of God or any other cause (with a similar or dissimilar) beyond the reasonable control of the seller. The buyer shall have no claims whatsoever against the seller consequence of any such cancellation or suspension
The risk in the goods shall pass to the buyer upon delivery
8. Title and security (PPSA)
8.1 Title in any goods and services supplied by the seller passes to the customer only when the customer has made payment in full or goods and services provided by the seller and or other sums due to the seller by the customer on any account whatsoever. Until all sums due to the seller by the customer have been paid in full the customer acknowledges and agrees that for the purposes of the PPSA the seller has security interest in all goods and services. The customer walks cite any documents required by the seller affect its security interest under the PPSA and authorises the seller to sign any such document as its attorney.
8.2 In relation to the registration of financing statements on the Personal Property Securities Register (“PPSR”) the customer undertakes to:
8.2.1 Sign any documents and/or provide any further information (which information the customer warrants is complete and accurate and up-to-date all respects) which the seller may reasonably require to enable registration of financing statement financing change statement on the PPSR
8.2.2 not register of financing change statement or a change demand in respect of the goods and services (as those terms are defined in the PPSA) without the seller’s prior written consent, and
8.2.3 Give the seller not less than 14 days prior written notice of any proposed change in the customer’s name and /or any other change in its details (including, but not limited to, changes in the customers address, facsimile number, email address, trading name or business practice)
8.3 The customer:
8.3.1 waived his right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest, unless otherwise agreed to in writing by the seller;
8.3.2 to the maximum extent permitted by law, waves is right and would with the Sellers agreement, contracts out of its rights under the sections referred to in section 107 (2) (c) to (i) of the PPSA; and
8.3.3 agrees to nothing in section 114(1)(a). 133 and 134 of the PPSA applies to these Terms and Conditions of Trade, with the seller agreement contracts out of such sections
8.4 If the goods and services are attached, fixed or incorporated into any property of the customer, or his customer, by way of any assembly process by the customer, or any third party, title and the goods and services shall remain with the seller until the customer has made payment all goods and services and where those goods and services are mixed with other property so as to be part of a constituent of any new goods and services, title to these new goods and services are deemed to be assigned to the seller as security for the full satisfaction by the buyer of the full amount owing between the seller and that the buyer.
9.1 Notwithstanding any other agreement as to the terms of payment, the total purchase price shall immediately become due and payable and the seller shall have the right to forthwith cancel this contract (without prejudice to any other of its rights) upon the occurrence of any of the following events
- The Buyer ceases or threatens to cease to carry on business
- the Buyer enters into negotiations or any arrangement or composition with its creditors
- the Buyer is unable to pay its debts (including contingent liabilities) as they fall due
- the Buyer becomes bankrupt or commits an available act of bankruptcy or proceedings are taken for liquidation of the buyer’s affairs
- the Buyer, being a company, goes into liquidation with the voluntary or compulsory or does anything or fail to do anything which would allow a receiver or manager to take possession of any of the buyers assets or which would entitle any person to present an application for winding up wound up or dissolved placed in statutory management or enters into a scheme of arrangement with its creditors of any class thereof
- any distress or execution is living on the Buyer
- breach by the buyer of any other terms contained in this agreement
9.2 Upon the happening of any one or more than one of the above beds the seller will be entitled to repossess and resell goods which remain the property of the Seller within the terms of clause 8
The Buyer defaults in performing its obligations under this agreement in the seller incurs expenses and enforcing its rights under this agreement, the buyer shall pay those expenses (including full legal costs) to the seller on demand
11.1 Advice by the buyer the goods supplied are defective or there has been invoiced for goods not received must be made within seven days of the date of the invoice.
11.2 All claims of any nature must be accompanied by any particulars of the claim and by invoice and delivery details
11.3 In no circumstances whatsoever shall the seller be liable for consequential losses with suffered by the buyer and/or any other third party
12 The Privacy Act
12.1 The Buyer acknowledges that:
a. Personal information collected or held by the seller provided and may be held used and disclosed for
1. Administering of the Sellers contracts
2. Ascertaining at any time the buyers worthiness
3. Enabling the buyer to communicate with the seller for any purpose
b. Such personal information is collected by and will be held by the Seller at their normal business address.
12.2 The Buyer has the right under the privacy act 1993 to obtain access to and to request correction of any personal information concerning it held by the seller
12.3 customer information is of trade are used by the seller is treated as confidential and will not be forwarded to any other party.
12.4 from time to time photographs and details may be used on the Sellers website and for promotional purposes. No personal customer details will be given without the consent of the buyer.
13 The Consumer’s Guarantee Act
The guarantees contained in the Consumer’s Guarantee Act 1993 are excluded where the buyer acquires goods from the seller for the purposes of a business in terms of section 2 and 43 of that act.