TERMS AND CONDITIONS OF SALE
GOODS - The goods, the subject of this agreement are those and only those specified herein:
PRICE - The price or prices referred to are based upon the current rates of freight, insurance and customs duty. Any rise or fall shown by the amount or amounts actually paid are for the purchasers account.
TAXES - Goods and Services Tax and any duty, revenue or other tax charges in connection with the goods shall be paid by the purchaser in addition to the price or prices referred to.
PAYMENT - The seller may at its sole option as a prerequisite to making delivery of the goods require payment in advance, a guarantee for payment, a deposit, progress payments or a letter of credit. In the event that the seller does not exercise one of these options then and only in such a case the price shall be paid not later than the due date as shown on the seller's invoice. As from 1st June 2018 Credit card payments will incur 2.7% surcharge (excl GST).
LATE PAYMENT - Should the buyer fail to pay the price or any part thereof on the due date then and in such case interest shall be paid by the purchaser at the then applicable Trading bank base rate plus 4% calculated on a daily basis from the due date of payment.
FAILURE TO MAKE PAYMENT - In addition to the seller's right to charge interest for late payment the vendor may withhold the delivery of further goods to the purchaser or to the purchaser's account until the purchase price and all accrued interest (if any) is paid.
DEFAULT - The buyer agrees to pay the vendor's costs and expenses, including legal costs on a solicitor client basis incurred by the seller as a result of the purchaser's failure to pay the price or perform these terms.
RISK - The risk in the goods shall pass to the purchaser on delivery to the purchaser's premises or the premises stipulated by the purchaser.
OWNERSHIP - Property in and the right to possession of the goods remains with the seller to the time that the purchaser pays all money due to the seller, notwithstanding the sale of them, that the goods have been delivered and that the seller retains the right to sue for the price. The seller may retake possession of the goods at any time prior to payment in full if the purchaser is in default.
PRIVITY OF CONTRACT - Only the parties to this contract receive benefits of accrued obligations under it.
WAIVER - The seller is not liable to the purchaser for failure to deliver the goods where such failure arises from or as a result of any circumstances beyond the seller's control.
ARBITRATION INTERPRETATION - Any disagreement between the seller and the purchaser touching the construction or of these terms will be submitted to arbitration in accordance with the laws of New Zealand.