Surplustronics Trading Ltd Terms of Trade
Surplustronics Trading Ltd shall here after be referred to as SURPLUSTRONICS.
Price (1)
1.1 SURPLUSTRONICS reserves the right to
vary the price of the goods (from any published and/ or quoted) in
accordance with any variation in exchange rates, costs of labour,
materials, transport, freight and insurances, customs, duties, sales
tax, Goods and Services tax and other duties, imports and surcharges
and all other expenses incurred or arising due to circumstances beyond
the control of SURPLUSTRONICS between the date of acceptance of the
order by SURPLUSTRONICS and the date of delivery. 1.2 Any changes in
prices after the acceptance of the order by SURPLUSTRONICS will be to
the customer's account and the price of the goods will be that ruling
at the date of delivery. 1.3 Verbal quotations are subject to written
confirmation by SURPLUSTRONICS.
1.4 Price errors on published material including all Surplustronics
websites are able to be corrected by Surplustronics after an order has
been received, in this case the Customer certainly has the option of
return. Shipping will not be refunded in any circumstance.
Payment (2)
2.1 (Account Holders) Payment shall be made by the 20th
of the month following the date of delivery of the goods (or any of the
goods), unless otherwise agreed in writing.(Public Customers / Credit
Card orders) Payment is due before any goods will be shipped, Credit
card orders will be Processed before any goods will be shipped.
2.2
SURPLUSTRONICS may, at its option, deliver the goods by installments and the customer shall be
invoiced for each installment and shall be Liable to pay for each
installment delivered on the 20th of the month following delivery.
2.3
Should payment in full not be made to SURPLUSTRONICS by the due date,
then: (a) the customer shall be liable to pay interest on the moneys
outstanding at SURPLUSTRONICS`s current market overdraft rate, such
interest to accrue on a daily basis until the outstanding account is
settled in full. (b)the customer shall also be liable to pay all
expenses and legal cost of SURPLUSTRONICS (calculated on a solicitor
and client basis) in relation to obtaining or seeking to obtain remedy
of default in payment by the customer. If debt collection is contracted
out the customer shall be also liable for any commissions charged by
such Collection agency over and above the defaulted amount/s. (c)
SURPLUSTRONICS has the option of suspending further deliveries of the
goods to the customer until the customer has effected payment in full.
2.4 Double Payment of Orders: Where a customer makes an error and Makes a double payment for an order the following applies: 1) our receipts say clearly "Still to pay $0.00" right at the bottom. 2) We do not offer accounts, ALL sales are pre-paid.
Because this oversight incurs actual costs to us, we have no choice but to pass them back to the customer. It is the Customers responsibility to
discover you have made double payment, The Customer must call us (0800 500 530) where you will be given a choice between a Refund minus an
admin fee of $15, or a Store credit for full value.
No Deductions (3)
The customer will make all payments due to SURPLUSTRONICS whether in respect of the contract price
or otherwise in full without deduction of any nature whatsoever by way of set off, counterclaim or other equitable or lawful claim or
otherwise howsoever.
Delivery (4)
4.1 The company is not a common
carrier and does not undertake the obligations or liabilities of a
common carrier.
4.2 The cost of delivery of goods provided will be
deemed in accordance with either SURPLUSTRONICS`s price list, Any
changes in freight charges made by the carrier will be passed on to the
customer without notice unless known of by SURPLUSTRONICS at the time
of published rates of carriage. individual contracts or supply
contracts negotiated for the sale of the product.
4.3 The cost of
delivery of the goods is to be borne by the customer. Risk in the goods
shall pass to the customer upon dispatch of the goods by
SURPLUSTRONICS. Otherwise risk in the goods passes to the customer upon
delivery of the goods to the customer.
4.4 Any specified dates for
delivery and installation are estimates only and SURPLUSTRONICS shall
not be liable for failure to deliver or install on the estimated date
or dates.
4.5 Where the customer does not take the goods at the time
and place provided herein for any reason other than SURPLUSTRONICS
default, then delivery shall be deemed to have been made when
SURPLUSTRONICS is willing to deliver and the customer shall
nevertheless make any payment provided herein upon the basis that the
goods have been delivered.
Property (6)
6.1 Notwithstanding clause 4.3 and
4.5 hereof until payment to SURPLUSTRONICS of all amounts by the
Purchaser to SURPLUSTRONICS: (a) Full legal and beneficial title in the
goods shall remain with SURPLUSTRONICS and the Purchaser shall hold
them only as bailee in a fiduciary capacity for the Supplier. (b) All
of the goods supplied shall be stored by the Purchaser in a manner that
they are separately identifiable as the property of SURPLUSTRONICS and
safe from all risks. Any goods used in Production or installation
becoming the subject of defaulted payment shall be deemed non
returnable to SURPLUSTRONICS and therefore must be replaced with goods
or equipment of equal value, subject to the choosing of SURPLUSTRONICS.
(c)If at any time before any credit is, pursuant to Sub clause (1)
hereof, cancelled the Purchaser may sell the goods at full market value
but only on the condition that such goods are sold as agent for
SURPLUSTRONICS and the full proceeds to the Purchaser's bank the
Purchaser shall notify such bank that the proceeds are held on trust
for SURPLUSTRONICS and direct that they be so held in a separate
account. The Purchaser shall not assign, nor enter into any arrangement
to assign, or purport to assign, to any other person the right to
receive any such proceeds (whether by the way of a factoring
arrangement or otherwise) and any such assignment or purported
assignment shall not operate but shall be void as between the parties
hereto and any assignee or intended assignee. (d)If any credit is
extended to the purchaser for payment of the goods such credit shall
not affect the operation of this clause 7.1 but such credit shall be
deemed automatically cancelled immediately upon happening of the
following events : If the purchaser shall suffer appointment of any
Receiver of its assets or undertaking, or (if an individual) commits
any act of bankruptcy, or (if a company) a winding up order is made
against it or goes into voluntary liquidation (other than for the
purposes of reconstruction) or it calls a meeting of creditors or makes
any composition with creditors or it permits any of the conditions
enabling a company to be wound up to exist or if the Securities
Commission pursuant to Section 38 of the Corporations (Investigation
and Management) Act 1989 makes a
recommendation that the Purchaser be placed under statutory management
or if the Registrar of Companies pursuant to Section 30 of the same Act
notifies the Purchaser that it is considered to be a corporation at
risk. Notwithstanding the above, SURPLUSTRONICS may, if it has any
doubts about the creditworthiness of the Purchaser, cancel any credit
provided. (e)If any of the event specified in Clause (a) hereof occur,
or for any reason, SURPLUSTRONICS may at any time During Business Hours, but without notice,
enter any premises at which the goods are stored to inspect or
repossess them. Any costs incurred by SURPLUSTRONICS in the exercise or
attempted exercise of its powers hereunder shall constitute a debt
immediately due and payable by the Purchaser
6.2 Nothing in the clause
shall be constructed to authorise the Purchaser to return any goods
supplied, whether because they are surplus to requirements or
otherwise. Notwithstanding that goods may be returned to, or recovered
by SURPLUSTRONICS the Purchaser shall remain liable for payment of the
full purchase price thereof after taking into account any amount
recovered by SURPLUSTRONICS on resale, or any credit allowed by
SURPLUSTRONICS, for the returned value thereof.
Description (7)
Any description of the goods
contained in or for the purposes of this contract is given by the way
of identification only and use of such description shall not constitute
a sale by description.
Warranty (8)
8.1 SURPLUSTRONICS warrants that the
goods or goods reasonably considered to be of a similar nature have
been manufactured and tested in accordance with SURPLUSTRONICS`s
internal quality control standards.
8.2 No conditions or warranties
expressed or implied and no representations or statements are binding
upon SURPLUSTRONICS unless set out in the Contract.
Liability (9)
9.1 No claims by the customer may
be made unless made in writing and received by SURPLUSTRONICS: (a) in
the case of defects which are reasonably upon examination of the goods,
within (7) days of delivery of the goods; or (b) in the case of other
defects, within seven (7) days of the date when such defect is
reasonably discovered and in any event within six (6) months after
delivery.
9.2 The liability of SURPLUSTRONICS whether in contract, tort
or otherwise for any loss, damage or injury arising directly or
indirectly from any defect in the goods or any other breach of
SURPLUSTRONICS`s obligations hereunder shall not in any event exceed
the contract price. SURPLUSTRONICS shall not be liable for any
consequential, indirect or special damage or loss of any kind
whatsoever nor shall SURPLUSTRONICS be liable for any damage or loss
caused by the customer's servants, agents, buyers or other persons
whatsoever (where similar or not to the foregoing).
9.3 No liability
will be accepted by SURPLUSTRONICS or any failure of or delay in
supply, manufacture or delivery where such supply, manufacture or
delivery is wholly or partially delayed, hindered prevented by any
circumstances which is not within SURPLUSTRONICS`s control including,
but not by the way of limitation, strikes, lockout, difficulty in
procuring suitable materials, goods or substances required for the
manufacture of the goods, act of God, shortage of stocks, shortage of
labour, lack of skilled labour, delays in transit, shortage of fuel,
legislative governmental, other prohibitions or restrictions, fire,
flood, hostilities, commotions or other causes whatsoever beyond the
control of SURPLUSTRONICS.
9.4 Should the customer issue proceedings
against SURPLUSTRONICS, its officers or employees upon the basis of any
act of Parliament or regulations made thereunder, the amount which the
customer may recover shall be limited to damage or loss arising
directly from supply of the goods and shall not in any case include any
consequential indirect or special damage or loss. Nothing in this
contact shall be taken as an acceptance that any such proceedings can
be brought.
Patents (10)
10.1 The customer warrants that any
design or instruction furnished by SURPLUSTRONICS will not be such as
will cause SURPLUSTRONICS to infringe any patent, registered design of
trademark in the execution of the customers order.
10.2 The customer agrees to indemnity SURPLUSTRONICS against
infringement or unauthorised use of patents, trademarks, designs or
copyrights arising out of the manufacture and use of the goods and it
is specially agreed that the sale and purchase of the goods does not
confer on the customer any license or rights under any patents,
trademarks, design or copyrights the property of SURPLUSTRONICS.
Waiver (11)
Failure by SURPLUSTRONICS to insist
in any one or more instances upon a strict performances of any of the
terms of this Agreement or the waiver by SURPLUSTRONICS of any terms or
right hereunder or of any default by the customer shall not be deemed
or constructed as a waiver by SURPLUSTRONICS of any such term or right
of default in the future.
THE ABOVE TERMS OF SALE RELATE PUBLIC WEBSITE CUSTOMERS AND TO ACCOUNTS HELD WITH SURPLUSTRONICS, P.O. BOX 90439 AMSC AUCKLAND. FIRST PRINTED
1/7/2000, SUBJECT TO CHANGE.
Surplustronics Trading Ltd, 520 Queen Street, Auckland, New Zealand, PO Box 90 439, Victoria Street West, Auckland.
PH: +64 9 302 0688, FX: + 64 9 302 0686, web site: www.surplustronics.co.nz, e-mail: (via contact page)
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