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.
- 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.
- 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, the company is entitled to charge interest on the unpaid overdue balance at the rate of 5% per annum above the current rate charged by the company's bank calculated from the due date of the payment down to the actual date of payment, and 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.
- Should we choose to exercise our right to charge interest on overdue accounts, one month notice in writing will be provided to the customer.
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.
- 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. Please would you sign in the appropriate place and return this form to the Company.
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 - directly to the account listed on the bottom of the statement and or the invoices. Please use your account code in full as part of the reference that should appear on our bank statement.
- 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.
- By Cheque - posted with your remittance advice on the bottom of the statement and mailed to the address on the statement.