TERMS AND CONDITIONS OF SALE
All orders accepted by X-Pole NZ Ltd are subject to the Terms and Conditions below.
These Terms and Conditions shall apply to all contracts for the sale of goods by X-Pole NZ Limited (the Company) to the purchaser (the Customer) and shall comprise the only terms and condition of contract between the Company and the Customer to the exclusion of all others, with exception of such terms and conditions as shall be agreed in writing by a Director of the company.
1.1 Orders accepted by the company are subject to the terms and conditions below. Orders accepted by the company are subject to availability of stock. Acceptance of an order and therefore the existence of a contract of sale will only come into effect at the time when the company undertakes a delivery of stock to the customer.
1.2 The Company may at anytime refuse or cancel the delivery of an order or balance of an order without notice.
1.3 To speed and facilitate invoicing, collation and despatch and avoid incorrect supply of goods full reference numbers, as shown in the left hand column of the price list, should be used.
1.4 Where stock is oversold the company will undertake allocations at its own discretion. Customers with overdue payments will not be included in any allocations.
1.5 When ordering products and/or services via the internet, customers are entering into a legally binding contract.
2. GOODS OUT OF STOCK
Items which are not in stock will be entered on back order and either, at the Companies descretion, despatched on arrival of stock or added to your future orders as and when they become available. If you do not want items to be back ordered, please inform us in writing.
3. DELIVERY, RISK AND INSURANCE
3.1 The Company accepts no responsibility for non-delivery or late delivery. All delivery dates quoted are approximate and are subject to amendment without notice. Time shall not be of the essence of delivery. A delivery date shall only form part of the contract if agreed in writing by a director. The Company shall not be liable for any loss or damage or expense whatsoever or howsoever arising from delay in delivery or failure to deliver.
3.2 The normal NZ methods of delivery are post and carriers. All deliveries are subject to packing and carriage charges shown in the price list or by quotation. The Company reserves the right to amend these charges without notice at any time. All delivery charges are exempt from any discounts shown or offered.
3.3 EXPORT DELIVERIES are Ex-Warehouse. Packing, carriage and insurance (if required or requested) are charged at cost. Goods are at the buyer's risk as soon as they leave the Company's premises. If requested, the Company will provide insurance to cover delivery, which will be charged at cost.
4.1 The Companies goods are sold subject to the implied terms as to quality, description and fitness contained in the Fair Trading Act.
4.2 It is the customer's responsibility to examine the consignments of goods upon arrival for correct quality, description, shortages, plus any transit damage. Claims MUST be made in writing or by phone to the Company's Sales Department within 3 days of receipt of goods or within 14 days of the invoice date where the goods have become lost in transit.
4.3 Claims in respect of alleged faulty goods, shortages or non-delivery shall not be grounds for withholding payment of accounts and shall not give the customer the right to offset/contra against payments made to the Company.
4.4 The Company will not accept packing and carriage charges for customer returns unless agreed by a Director
4.5 Refunds will be made on the receipt of the goods once the warranty claim is agreed. Proof of return (registered post or similar) should be retained as no refund or exchange can be made until the goods are received.
In the case of goods developing faults, the Company's sales department should be notified in writing. Goods must not be returned under Warranty until the Company's consent has been obtained. If, on examination of the goods, by the Company, we find that defects arise from faulty materials or workmanship, the Company will, at its option, repair or replace the goods free of charge. Note: The Company is unable to accept any liability save to the extent and in the circumstances described above. In particular, the Company cannot be liable for any financial loss, injury or damage caused to the buyer or any other person caused by any defect in the goods except to the extent that its negligence caused it or contributed thereto. The Company cannot therefore be responsible for the negligence of others. Where the buyer sells the Company's goods as the Company's agent, he has no authority to make any representations or give any warranties relating to the goods or their fitness for any purpose.
6.1 The retail prices where shown are suggested retail prices and are inclusive of GST (where applicable) at the current rate ruling on the date of invoice.
6.2 The goods will be invoiced including GST, the GST content total will be shown on the invoice.
6.3 Prices charged depend on the price list applicable to the customer type, ruling at the date of despatch.
7. PRICE CHANGES
The prices in the price list are in NZD New Zealand Dollars and are correct at the time of going to press (errors and omissions excepted). Pricing in any currency other than NZD is approximate and it is the purchsers responsibility to check foreign currency prices against the NZD prices shown. The Company reserves the right to change prices without prior notice. In all cases the price governing any delivery is the price ruling at the date of despatch. The invoice and or delivery note will show the price ruling at the date of despatch. No change can be considered for future promotions or price changes. The Company can accept no responsibility for loss of sales or profit due to errors, out of date price lists or press advertisements (errors and omissions excepted).
8.1 All invoices and in turn payments are in New Zealand Dollars ($) unless otherwise agreed in writing by a Director of the company.
8.2 All invoices will be paid before despatch of the invoiced goods.
8.3 Payment for goods will be by credit card, cheque or bank transfer.
8.4 The company reserves the right to impose credit card surcharges on all credit card transactions.
8.5 The Company does not offer sale or return conditions.
9. OWNERSHIP OF GOODS SUPPLIED
The property in any goods despatched shall remain with the Company until such time after delivery as the buyer has paid all his indebtedness to us. On this event, the property shall irrevocably pass to the buyer. The buyer undertakes that until such event he will store the goods in such a way that they can readily be identified in his stock. The buyer is authorised to resell, as the Company's agent, goods in which the property has not passed to him. Such sales must be in the ordinary course of his business and at a price not lower than that at which he bought the goods from us. He shall record these sales in such a way that they can readily be identified in his books.
The buyer shall be liable to account to the Company for the proceeds of all sales made as the Company's agent. Upon paying all his indebtedness to us upon invoices, he shall be entitled to retain the balance of such proceeds as his agreed commission on the sales. If the buyer enters into a composition of arrangement with his creditors, has a receiver appointed, commits an act of bankruptcy or if he goes into liquidation, the Company's consent to his possession of the Company's goods and his authority to sell them shall cease. The buyer shall return to the Company forthwith any of the Company's goods held by him and also pay to us any monies received for any goods sold when acting as the Company's agent.
The Company may at any time require the buyer to return any of the Company's goods held by him if any invoice becomes overdue. When goods are returned to the Company under these provisions, the Company will credit the buyer's account with the trade price of the goods provided the goods are in perfect condition. If the goods are damaged the Company will credit at the Company's estimate of the trade saleable value dependent on the severity of the damage. Any balance of the sum credited over the buyer's indebtedness to the Company upon invoices will be returned to the buyer.
10. PUBLISHED DATA
All published data of any kind by the Company relating to products is approximate. No warranty or condition of accuracy is given or implied. The Company accepts no responsibility for any loss or damage direct or indirect arising out of or in connection with this clause.
Items supplied may be subject of patents and or registered designs. The Company reserves the right to withdraw or modify the design or specification of any item at any time without notice.
11. GOVERNING LAW
The law governing all contracts with X-Pole NZ Limited is the Law of New Zealand. In the case of any dispute, the Courts of New Zealand have exclusive jurisdiction.
I ACCEPT THE TERMS AS DETAILED ABOVE