TERMS OF SALE FOR BUYRITE APPLIANCES NEW ZEALAND LIMITED
The following terms govern all orders placed by you and shall be incorporated into each contract for the supply of “Buyrite Appliances New Zealand Limited” goods, thereafter known as “Buyrite Appliances”.
- The price of goods will be the price at the date of delivery by Buyrite Appliances.
- You accept that the price of goods is subject to change without notice. As an importer and distributor, our prices are greatly affected by US dollar exchange rate and other economical costs. We will keep our prices low for as long as we can however, due to the exchange rate fluctuation, we may be forced to review our prices. Buyrite Appliances has the right to pass on to you any changes in the price of goods after acceptance of your order.
- Any information given by Buyrite Appliances on pricing is exclusive of GST or any other tax unless expressly stated to be inclusive.
- Payment is due by the date of trading terms given by Buyrite Appliances following the date of invoice of any goods.
- Payment must be made by direct credit to bank account 12-3490-0036498-00 clearly stating your Buyrite Appliances account number and invoice number. Buyrite Appliances does not accept cheques.
- You may not withhold payment or make any deductions from any Amount Owing without our prior consent whether by way of claim, counterclaim, set off or otherwise.
- Buyrite Appliances may, at its sole option, and as a prerequisite to delivery of goods require security from you in advance, and/or a guarantee for payment acceptable to Buyrite Appliances, a deposit in an amount stipulated by Buyrite Appliances, and/or a letter of credit.
- If an Event of default occurs, we may suspend or terminate the contract.
- If you do not pay the price or any portion of the price by the due date, we may charge a default penalty at a rate of 2.5% per month calculated on a daily basis on the unpaid portion of the price form due date until payment in full, plus GST.
- If an Event of Default occurs, the Amount Owing shall immediately become due and payable notwithstanding the due date has not arisen.
- We are entitled to recover from you all legal and other associated costs incurred by us arising from the collection of the amount owing on a solicitor and own client basis, including debt collection costs.
- In addition to our other remedies any discount offered by us on goods will be lost by you if you commit an Event of Default. Prices on invoices are based on receiving payments by due date. Failure to make payment on time will result in prices automatically reverting to retail prices.
- Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. We will not be liable for transportation cost incurred, except where first agreed by us in writing. Payment of delivery charges will be made by you against invoice at the cost invoiced by Buyrite Appliances.
- If no place of delivery is specified, delivery shall take place at the time when the goods are made available for Dispatch at our premises.
- We may deliver the goods by instalments, and each instalment shall be treated as a separate contract governed by these terms. Failure to deliver any instalment does not entitle you to cancel the contract.
- Any time stated for delivery is an estimate only. We are not liable for any delay in delivery.
- A restocking fee of 25% of the invoiced value is applicable to goods return for credit within 28 days of the dispatch date. The goods must be in original condition and packaging. We will not accept goods returned for credit that arrive later than 28 days from the dispatch date.
RISK AND OWNERSHIP
- Risk of any loss, damage or deterioration of or to the goods passes to you on Dispatch by Buyrite Appliances from its premises.
- Ownership of the goods remains with us and does not pass to you until you pay your indebtedness or resell the goods pursuant to these terms.
- While ownership of the goods remains with us:
- You must clearly identify them as belonging to us.
- We authorise you in the ordinary course of your business to use the goods or sell them for full consideration. This authority is revoked from the time that:
- An event of default occurs; or
- We notify you in writing that this authority is revoked. We can enter the premises where the goods are stored and remove them. We will not be responsible for any damage caused and you are liable for all costs incurred by us as a result. We may resell any of the goods and apply the proceeds of sale in reduction of your indebtedness.
- If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed your indebtedness to us. The balance of the proceeds (if any) shall be your beneficial interest under that trust.
- We may bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
- You agree that you will do all acts necessary and provide us on request all information we require to register a financial statement over the products or their proceeds, and that you will advise us immediately in writing of any changes to that information. You waive all rights to receive a copy of any verification statement of a financing statement.
- You agree that you will supply us within 2 business days of our written request, with copies of all security interest registered over your personal property, and you authorise us as you agent to request information from any secured party relating to any security interest which is held in any personal property which is or has been in your possession or control
- You agree that we may require you to pay all reasonable costs, including legal costs on a solicitor-client basis, associated with the discharge or amendment or any financing statement registered by us, whether or not the change was initiated by you.
- If we repossess goods under this agreement, we may retain those goods or dispose of them without notice or statement or account to you or any other persons, and, after deducting reasonable costs of sale, we may credit any surplus by way of setoff against any sums owing to us. We will not be obliged to re-supply any repossessed inventory.
- You authorise us to search the Personal Property Securities Register at any time for any information about you or (if you are a company) your parent or associated companies.
- Where the Consumer Guarantees Act 1993 applies to the contract, if the goods are acquired by you for business purposes you agree that the Consumer Guarantees act 1993 does not apply.
- Where you supply the goods to a person acquiring them for business purposes, it must be a term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the goods.
- You agree to indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as e result of any breach by you of the obligations contained In this contract.
- The following terms apply wherever ins Consumer Guarantees Act 1993 does not apply to the contract or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
- Defective goods or goods which do not comply with the contract shall at our discretion be repaired or replaced, or the price refunded.
- Any right which you may have to reject non-conforming or defective goods shall only be effective if you notify us in writing within 14 days following delivery and we are given the opportunity to inspect the goods and you then return them to us forthwith at your cost both as to delivery and insurance.
- Goods returned will be clearly labelled to show your name, address and related invoice or packing- slip number, must be in the same condition as when dispatched by Buyrite Appliances, and remain at your risk until received by us.
- We accept no liability for any Claim by you or any other person, including without limitation any Claim relating to or arising from:
- any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade, custom or otherwise: or
- any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by us in writing, and you agree to indemnify us against any such Claim, in any event, our liability under any Claim shall not exceed the price of the goods.
- Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
USE OF INFORMATION
- You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of your business, and you consent to any person providing us with such information.
- You agree that we may give any information we have about you relating to you credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes. In addition, any other information collected by us about you is accessed or collected for use in the course of our business including direct marketing activities.
- You must notify us of any change in circumstances that may affect the accuracy of the information provided by you to us.
- If you are an individual, i.e. a natural person, you have rights under the privacy act 1993 to access and request the correction on any personal information which we hold about you.
PATENTS AND COPYRIGHT
- Copyright in all drawing, specifications and other technical information provided us in connection with the contract is vested in us.
- Any technical information, knowledge or processing methods at any time transmitted ether orally or in writing by us to you will remain you property and will be considered absolutely confidential by you and you will not use them for an purpose nor sell, transfer or divulge them in any manner to anyone without our prior written consent.
- These terms shall not be varied unless agreed by both parties in writing.
- If there is any inconsistency between these terms and any other submitted by you or any other arrangements with us, these terms prevail unless otherwise agreed by us in writing.
- If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice your rights in exercising that or any other right or remedy.
- We do not waive any term of the contract except where specified in writing signed by an authorised officer in respect of a particular transaction, dealing or matter.
WORDS USED IN THE CONTRACT:
- “Amount Owing” means the price charged by us for the goods, delivery of the goods and any other sums which we are entitled to charge under the contract
- "Claim" includes any claim:
- for loss of profits; or
- for any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from:
- any breach of our obligation under the contract: or
- any cancellation of the contract: or
- any negligence, misrepresentation or other act or omission by us or our employees, agents contractors: or
- for compensation, demand, remedy, liability or action an "Event of Default" means an event where:
- you fail to comply with the terms of the contract or any other contract with us: or
- you commit an act of bankruptcy: or
- you enter into any composition or arrangement with your creditors: or
- if you are a company:
- you do anything which would make you liable to be put into liquidation: or
- a resolution is passed or an application is made for liquidation: or
- a receiver or statutory manager is appointed over all or any of your assets
- "goods” means goods ordered by you from time to time under the contract, and includes any incidental services provided in connection with the supply of the goods
- "GST" means goods and services tax under the Goods and Services Tax Act 1985
- "your indebtedness" means the Amount Owing and any other moneys owing by you to us from time to time, whether in relation to this contract or any other account whatever:
- “ownership" means legal and beneficial ownership.
- "person" includes a corporation, association, firm, company, partnership or individual.
- “price" means the purchase price of the goods and any costs payable by you under the contract relating to transportation, storage and insurance.
- "we" and "us" means Buyrite Appliances, its successors and assigns.
- "you” means the person purchasing the goods from us pursuant to the contract including that person’s successors and assigns.
- References to the Consumer Guarantees Act 1993 and the Privacy Act 1993 includes such legislation from time to time amended, re-enacted or substituted an any statutory instruments, regulations and others issued under such legislation.