Terms of Trade between Tiffanies Treasures Ltd (the “Company”) and the Customer
- These terms of trade with us shall apply to
all orders accepted by you or quotations approved by you and this shall
take precedence over any written document or oral message.
- Whilst every effort will be
made to honour the prices quoted there may be from time to time a need for
us to adjust its prices. This will only occur when there has been an
extreme change to import costs and changes in currency. We will notify all
customers of pending price changes as and when necessary allowing you to
make the necessary changes to your records.
- No order requiring the
special importing of Goods may be cancelled without the consent of the
Company.
1. Orders
- Orders once accepted by the
Company form a binding contract. Orders may be cancelled in writing only,
within 30 days of being placed otherwise the order must be accepted by the
customer.
- Prices may be subject to
fluctuation in exchange rates and other factors beyond our control.
2. Delivery
of Goods
- Delivery of the Goods to
your care and control at the site designated by you shall constitute
delivery.
- The Company will make every
effort to ensure that Goods are supplied on time, but will not be
responsible for any loss to you arising in any way from delays in
delivery.
3. Payment
- Payment shall be made by 20th of the month
following the date of invoice. Payment is to be made in full without
deduction or offsets.
- The company has the sole discretion to apply
payments to any transaction or invoice notwithstanding that you may have
applied the payment to a particular transaction or invoice.
- If the payment is not made in full by the due
date, the credit facility will be stopped without notice & company
reserves the right to charge interest on the unpaid overdue balance at the
rate of 2% per month. The company may at its option suspend the sale and
secure the goods in its possession regardless of the term of this contract
until the overdue amounts are paid in full.
- For all overdue accounts, customer agrees to pay on demand all collection costs & legal
fees (on a client/solicitor basis), charges and/or costs and enforcement
costs incurred or expended by the Company in recovering payment of this
account.
4. Risk,
Conditions for the use of Goods, Company Ownership and Title
- Risk of any loss, damage or
deterioration of or to the Goods shall be insured by the Customer from the
time of delivery of the Goods into customers care and control and the
Customer shall insure the Goods for fire and loss damage.
- Where the Customer fails to
insure the Goods upon delivery and the Goods suffer damage or loss the
Customer agrees to pay the Company in full for the cost of the Goods.
- In any event where Goods
remain unpaid, the Company, or its agent, has unreserved right to enter
the Customers property during normal business hours and remove Goods
relating to the unpaid amount For Goods supplied within New
Zealand repossession will be conducted in accordance with the Credit
(repossession) Act.
- Title in the Goods shall
remain with the company until there are no longer any amounts owing
to the Company for those Goods.
- The Customer acknowledges
receipt of these Terms of Trade and agrees that it will execute all
documents required by the Company to maintain, register and enforce the
Company’s security interest in respect of the Goods.
- If the Company registers the
security interest created by these Terms under the PPSA, the Customer
waives its rights to receive a copy of the verification statements in
terms of section 148 of the PPSA and also waives its rights under
sections 121 and 131 of the PPSA. The Company and the Customer also
contract out of Part 9 of the PPSA to the extent that the rights and
obligations contained in sections 114, 125, 129, 132, 133 and 134 of that
part of the PPSA do not apply as between the Company and the Customer.
The Customer agrees
that:
- The Customer will, upon receiving a written
request from the Company and at its own cost and expense, promptly deliver
all or any of the Goods to the Company. If the Customer fails to deliver
the Goods upon request, the Company may at any time enter into any place
where the Goods are located and remove the Goods
- The Company may sell all or any of the Goods
without giving prior notice of the sale to the Customer
- The Customer shall immediately notify the
Company of any change in the Customer’s name, address or contact person
details.
5. Warranty and Guarantees
- Any warranty on Goods
supplied by us shall be the warranty of the original manufacturer.
- The Company shall not be
liable for any loss of profits or any consequential, indirect or special
loss, damage or injury of any kind whatsoever suffered by you or any other
person arising directly or indirectly from any breach of any
of the Company's obligations arising under or in connection with the
contract including delays in the delivery of Goods or from any
cancellation of the contract.
6. Limitations
and Liabilities
- The warranties provided
replace all other representations or warranties (statutory, expressed or
implied, including, but not limited to, the implied warranties of
merchantability and fitness for a particular purpose) and all such
representations and warranties (excepting those which may not be lawfully
excluded) are specifically excluded. The provisions contained in the
Consumer Guarantees Act 1993 shall not apply if the Customer is acquiring
the Goods for the purposes of a business.
- Under no circumstances will
any warranty express or implied relating to the Goods extend to or include
nor will the Company be liable (whether vicariously or otherwise) under
the law of tort, contract or otherwise for Any loss or damage of any
kind whatsoever, arising from the supply of Goods by the Company to the
Customer, including consequential loss whether suffered or incurred by the
Customer or another person and whether in contract or tort (including
negligence) or otherwise and irrespective of whether such loss or damage
arises directly or indirectly from Goods provided by the Company to
the Customer;
- Any loss of profits or savings or any
indirect, special, incidental or consequential loss or damage, however
caused, arising out of or in connection with the performance or
non-performance of the Company and/or this agreement;
- Damage to Goods after risk of loss passes;
- Any loss or damage not covered by a warranty
arising;
- Any loss or damage caused by a force majeure event;
or
- Any loss or damage arising from the
termination of this agreement.
- Notwithstanding any other
provision of this agreement, if for any reason the Company becomes liable
for loss or damage that would have otherwise been excluded then its total
liability to the Customer arising out of any claim for damages for any
cause will be limited at the Company’s election to either the monetary
amount of the value of the Goods giving rise to the claim or the actual
damage or loss suffered by the Customer whichever is lesser.
- The Customer shall indemnify
the Company against all claims and loss of any kind whatsoever however
caused or arising and without limiting the generality of the foregoing of
this clause whether caused or arising as a result of the negligence of the
Company or otherwise, brought by any person in connection with any matter,
act, omission, or error by the Company its agents or employees in
connection with the Goods.
7. Consumer
Guarantees Act 1993
·
It is acknowledged that where the acquisition of Goods by you from the
Company is deemed to be for the business purposes of a business, these terms
shall have the affect of contracting out of the provisions of
the Consumer
·
Guarantees Act 1993 to the extent permitted by that Act and all
provisions of these terms shall be read as modified to the extent necessary to
give effect to that intention.
·
Where you resell the Goods
to third-party consumer purchasers you shall be mindful of
your obligations under the Act to offer repair, replacement or full value of
the Goods to the consumer purchaser subject to the claims conditions and
·
upon informing us where damage or defects occur.
·
You shall determine the option to be taken at your sole
discretion.
·
The Company shall ensure that you do not suffer economic loss in the
application of any warranty issued by us under the Act. You may use published
material and instructions of care for the Goods provided by us but shall not,
·
give or make any undertaking, assertion or representation in relation to
the Goods to any other person or company.
8. Disputes
- No
party to this agreement shall begin any court proceedings relating to any
dispute arising out of this agreement (including any dispute as to the
validity, breach or termination of this agreement or as to any claim in
tort, in equity pursuant to any statute) unless that party has complied
with the following paragraphs of this clause.
- Any
party who claims that a dispute has arisen under or about this agreement
must give written notice to the other party specifying the nature of the
dispute. On receipt of the notice by the other party, the parties to this
agreement:
- Must co-operate and use their reasonable
endeavours to resolve the dispute quickly;
- Must, if they do not within seven (7) days of
receiving the notice (or any further period as they may agree in writing)
resolve the dispute, refer the dispute to mediation (“mediation”).
- The mediation shall be conducted in terms of
the LEADR New Zealand Inc. Standard Mediation Agreement and the mediation
shall be conducted by a mediator and at a fee agreed by the parties,
failing agreement between the parties, the mediator shall be selected, and
the mediator’s fee shall be decided by the Chair for the time being of
LEADER New Zealand Incorporated.
9. Credits
and Refunds Policy
- If for whatever reason you
are not satisfied with the quality of the goods received and or you have
been sent an incorrect order, you are to notify us within seven days of
delivery and the goods will be returned to us and a full refund will be
given.
- We would kindly ask you to
read through these terms of trade. Should you have any queries we would be
happy to discuss them with you.
10. General terms
- If any provision of these
Terms of Trade is held to be illegal or invalid it shall be deemed deleted
to the same extent and effect as if it had never been incorporated in
these general Terms of Trade, all other provisions shall continue in
force.
- The Terms of Trade may be
specifically varied or waived solely at the discretion of the Directors of
the Company and must be done so in writing.
·
The Terms of Trade may be amended from time to time with such amended
terms applying to all orders following notice of the amendment, which may be
given by letter, facsimile or email.
Methods of
Payment:
We have several
methods of payment available to you the customer:
- Internet Banking [06-0637-0364178-00] - directly to the account listed on the bottom of the statement and or the invoices. Please use your customer code/Invoice number as reference
- Direct Debit - Should
you wish to arrange a direct debit option of payment where we debit your
bank account with the amount outstanding at the end of every period please
contact us and arrangements will be put in place.
- Credit Card - should you wish you
pay by credit card please follow the pay now link in your
invoice (via email - pdf format only) or ask us to send you the
link
- POLi - Internet Bank Transfer
- should you wish you pay by POLi - please follow the pay now link in your
invoice (via email - pdf format only) or ask us to send you the link
- Automatic Weekly Payments
- should
you wish you pay by this method please call us