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Terms & Conditions
Unless ammended in writing by us, the following Warranty, Terms & Conditions of Sale apply to goods, services and hireage transactions
1. PRICES AND VARIATIONSThe current list price of the Vendor is based on the latest information available to the Vendor as to the rates of exchange, manufacturers or suppliers prices or charges, freight, forwarding and handling charges, insurance, customs duty, wages, cost of materials, transport and other expenses at the date hereof.
The Vendor shall be entitled to increase the current list price by the amount of any increase in any of the foregoing rates, prices or charges paid or incurred by the Vendor during the period of the supply contract (and any renewal thereof) provided that any such increase shall apply only to orders placed by the Purchaser subsequent to the date of the increase.
Unless otherwise stated, all prices quoted are exclusive of G.S.T. and onwards freight.
2. TERMS OF PAYMENT
For non account holders terms are strictly cash with order.
For account holders, payment shall be made without deductions on the twentieth of the month following the month in which the goods or services were delivered or were ready for delivery, either in whole or in part. No payments shall be withheld, reduced or deferred on account of any claim,. counter claim, set off or otherwise.
For foreign account holders, payment is sight draft against irrevocable letter of credit unless otherwise agreed in writing.
The Vendor shall be entitled to recover a late payment penalty of 10% of the invoice value should the original invoice not be paid by the 20th of the month following the month of invoice and shall be entitled to recover further late penalties of 5% per month on the total value of all outstanding invoices ( ie: the original and subsequent late payment invoices ) should the default in payment extend pass subsequent 20th of the month due dates. A booking / collection fee of $15.00 per invoice will be charged for each penalty invoice. These penalty charges are also payable after judgment, up to the day of settlement. The purchaser will also be required to pay in full all debt collection and/or legal fees or charges that are incurred in the course of recovering the debt.
3. CANCELLATION
No order arising out of the supply contract shall be canceled without the consent of the Vendor and in such cases the Purchaser shall be liable to refund up to the Vendor all costs up to such date of cancellation.
The Vendor need not accept the return of goods ordered by the Purchaser and delivered by the Vendor. If the Vendor shall accept returned goods it shall be subject to the Purchaser paying all costs relating to such return together with a re-stocking charge of 20% of the purchase price of the returned goods and other terms as the Vendor shall impose.
4. DELIVERY
Delivery shall be deemed to take place when the goods are delivered by the Vendor to Auckland International Airport or at such other place as may be stipulated by the Vendor.
Any times for delivery of any order quoted by the Vendor shall be deemed to be estimates only and no claim shall lie against the Vendor for failure to deliver within such times where any delays have been due to causes beyond the control of the Vendor or otherwise.
Any freight costs incurred in the delivery of goods to the Purchaser shall be at the Purchaser’s expense. If a method of freight is not specified by the Purchaser the Vendor will arrange for the transportation of the goods in the most appropriate mode possible that the Vendor determines.
5. WARRANTY
DEFINITION
In the following, Purchaser shall mean the original purchaser of the equipment supplied by JHB Services or Scaleweigh. Seller shall mean JHB Services or Scaleweigh, being the manufacturer, importer or distributor of the equipment
EXTENT
This express warranty shall extend between Purchaser and Seller only and shall cover all claims and costs during the warranty period between Purchaser and Seller only, and except for warranty of title, is in lieu of all other warranties, whether expressed or implied, including the implied warranties of fitness for a particular purpose and merchantability. Seller shall not be liable for any special, incidental or consequential damages resulting from a breach or alleged breach of the warranty.
WARRANTS
The Seller warrants to the Purchaser that the equipment shall be manufactured by good workmanship and of materials free of defect.
REPAIR/REPLACE/EXCEPTIONS
The Seller shall repair or replace at its discretion, free of charge, new equipment which is returned to its facility within twelve (12) months of shipment to the Purchaser, and in the case of second hand used equipment which is returned to its facility within two (2) months of shipment to the Purchaser, and which upon examination proves to be a manufacturing defect. The warranty does not apply to any equipment that has been:-
A. Repaired or modified by other than a duly authorized repair facility of the Sellers determination.
B. Installed or adjusted not in accordance with the equipment’s manual or the Sellers opinion
C. Mishandled, abused or which in the Seller’s sole judgment has been exposed to an environment for which the equipment was not designed.
This warranty offer is limited to the physical equipment in question,and does not cover the cost of labour, travelling or other associated costs.
SHIPPING
This warranty applies to equipment received at the Seller’s facility, freight prepaid by the Purchaser, and does not include return freight to the Purchaser’s premises.
6. DAMAGE AND INSURANCE
The Purchaser is responsible for all loss or damage to goods after delivery of the same and agrees to arrange any insurance required against such loss or damage subject to the provision of clause 7. 2nd paragraph hereof.
7. REPOSSESSION FOR NON-PAYMENT
Notwithstanding the delivery of any goods made to the Purchaser, property in the goods shall not pass from Seller to Purchaser until the Purchaser has made payment in full for the goods.
Until such time as payment shall have been made for the goods the Purchaser shall keep the goods insured to their full insurable value against loss or damage in the name of the Vendor as unpaid Vendor.
Upon default in payment of the purchase price on or before the due date following delivery of any order pursuant to the supply contract the Vendor shall be entitled to withhold future orders placed by the Purchaser pending payment and/or to take possession of and re-sell the goods already supplied, such remedies to be without prejudice to any other remedies available to an unpaid Vendor in law or equity including cancellation of the supply contract by the Vendor.
8. CONSENT FOR THE PURPOSES OF THE PRIVACY ACT
The Purchaser or prospective account holder authorize
a. JHB Services or Scaleweigh to collect information about them for the purposes of considering account applications, for ongoing account administration and to use the information in any future dealings with them.
b. JHB Services or Scaleweigh to collect any information from sources ( including credit reference agencies and other credit providers ) as it may require for the above purposes.
c. any person, company or partnership to provide JHB Services or Scaleweigh with such information as it may require for the above purposes.
d. JHB Services or Scaleweigh to disclose any information about them to credit reference agencies or credit and service providers or enforcement agencies.
The Purchaser or prospective account holder knows that on request they may see and correct any information held about them.
9. JURISDICTION
This supply contract shall be construed according to and governed by the law of New Zealand.