The term “the Company” refers to Wai-Ora Trust, its subsidiaries, associates and assigns, including Silt Sock NZ. The term “the Buyer” refers to the person, firm, partnership, company or corporate entity with whom the Company enters into a contract to sell its goods. “Goods” means any goods purchased by the Buyer from the Company at any time, and any incidental services.
1. PAYMENT
1.1 Unless by prior written agreement the Buyer will pay for all Goods prior to the goods being dispatched. If the Buyer is an approved account holder, the Buyer agrees to pay for any goods received in cleared immediately funds on or before the 20th of the month following date of invoice, (the ‘Due Date’) unless by prior arrangement with the Company.
1.2 The Buyer may not deduct, set-off, or withhold any amount due to the Company.
1.3 All stated and quoted prices exclude GST, unless otherwise specified.
1.4 If the Buyer fails to pay for the Goods by the Due Date, the Company may recover from the Buyer the unpaid amount as a debt due.
1.5 The Company may adjust prices to reflect any change to initial quantity of Goods indicated by the Buyer.
2. OWNERSHIP OF GOODS
2.1 Ownership in Goods supplied remains with the Company until the Buyer has paid the full purchase price.
2.2 The Company may retake possession of unpaid Goods and may enter the Buyer’s premises to do so.
3. DELIVERY
3.1 Delivery occurs when: (a) The Company delivers Goods to the Buyer’s nominated site address; or (b) The Goods are placed at the Buyer’s disposal at the Company’s premises.
3.2 Delivery to site is made to the road entrance of the site specified by the Buyer. On-site delivery is available, but the Company is not responsible for any damages or incidents that occur on site.
3.3 The Company may charge reasonable costs of delivery.
3.4 Delivery dates are estimates only. The Company is not liable for delays in delivery.
4. DEFECTS
4.1 The Buyer must advise the Company of any defects in the products within 48hours of dispatch. After this time the Company will not be held responsible for any defects found.
4.2 If the Company is notified of defects within 48 hours of dispatch, the Company will do its best to remedy or replace the product however this remains at the discretion of the Company.
4.3 The Company provides no warranty as to suitability or fitness for purpose of the Goods.
5. CONSUMER GUARANTEES ACT AND FAIR TRADING ACT
5.1 The Buyer represents that it is acquiring the Goods for business purposes only, and the Consumer Guarantees Act 1993 does not apply.
5.2 The Company’s liability under the Fair Trading Act 1986 is limited to the fullest extent permitted by law.
6. FORCE MAJEURE
6.1 The Company is not liable for delay or failure to perform due to causes beyond its control.
7. INTELLECTUAL PROPERTY
7.1 All intellectual property in the Goods and documentation remains with the Company.
8. ORDERS
8.1 Placing an order is deemed to be acceptance of these Terms and Conditions.
9. SEVERANCE
9.1 If any part of these Terms and Conditions is invalid, the rest remains in effect.
By placing an order, the Buyer acknowledges that the supply of all Goods by the Company to the Buyer or any credit granted will be subject to the terms and conditions stated in this document or as subsequently varied by the Company at its discretion.