Swivels Consultants NZ Ltd
Terms and Conditions of Trade
To the fullest extent legally permissible all dealings between Swivels Consultants NZ Ltd and any Customer relating to any products and/or services are subject to the following terms and conditions of trade unless otherwise agreed in writing:
Title of Goods:
Until payment is received in full for the goods/services provided the seller and buyer agree that:
- The title for the goods/service remains with the seller until they are paid for in full – see payments section
- The buyer shall store and identify all goods supplied in such a way that it is clear that they are the property of the seller and all storage and insurance costs shall be met by the buyer
- The buyer hereby gives the seller and its agents/servants licence upon giving reasonable notice entry to their premises that are occupied by the buyer to remove any goods supplied that remain unpaid. These may be partially or wholly attached or incorporated into other goods, the seller may where practical disconnect or sever the goods in any way whatsoever as may be necessary to remove the goods without its being liable to the Customer or any person claiming through the Customer.
- If the Seller exercises his right to reclaim the goods it shall be entitled to dispose of them for its own benefit and the buyer shall indemnify the seller for;
- Any loss in price incurred by it on realization against the price at which such goods were contracted to be bought by the buyer
- Any costs incurred by the seller in exercise of its right to reclaim the goods whether relating to the repossession, storage on resale of the goods (including legal costs as between solicitors and own Client.
- Nothing in this clause shall be construed as permitting the buyer to return the goods or any part of these for any reason.
- The Customer agrees that payment for goods supplied, including any inspection charges, freight/insurance and GST (goods and services tax), are to be made by cash, cheque, bank cheque, direct credit or internet banking and without deduction unless otherwise agreed in writing.
- GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.
- Legal and equitable title to and ownership of goods supplied shall not pass to the purchaser until payment is received in full.
- Payment is due in full on the 20th of the month following invoice unless previously arranged or stated on the Invoice.
- Any expenses, costs or disbursements incurred by Swivels Consultants NZ Ltd in recovering outstanding monies, including collection agency fees or legal fees, shall be recovered from the Customer.
- Swivels Consultants NZ Ltd reserves the right to charge interest on all overdue accounts at the rate of 15% per annum.
- If before delivery there arises reasonable grounds for belief that the buyer will not be able to fulfil its payment obligations to the seller on the required date, the seller shall have the right to demand security or payment in advance of delivery. If security to the reasonable satisfaction of the seller is not offered or, if payment in advance of delivery is not made without delay, the seller may cancel the purchase.
Inspection and Testing
All inspections and testing relating to goods or documentation relating to such inspection and testing requested by the buyer shall be paid for by the buyer in addition to the purchase price for the goods.
Any instructions received by Swivels Consultants NZ Ltd from the Buyer for the supply of goods and/or the Buyers acceptance of goods supplied by Swivels Consultants NZ Ltd shall constitute acceptance of the terms and conditions contained herein.
The Customer hereby disclaims any right to rescind or cancel any contract with Swivels Consultants NZ Ltd or to sue for damages or to claim any restitution arising out of any inadvertent misrepresentation made to the Customer by Swivels Consultants NZ Ltd and the Customer acknowledges that the goods are brought solely upon the Customers skill and judgement.
The Customer shall inspect in the goods on delivery and shall within seven (7) days of delivery notify Swivels Consultants NZ Ltd of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Swivels Consultants NZ Ltd an opportunity to inspect the goods within a reasonable time following delivery if the Customer believes the goods are defective in any way. If the Customer shall fail to comply with these provisions the goods shall be presumed to be free from any defect or damage. For defective goods Swivels Consultants NZ Ltd has agreed in writing that the Customer is entitled to reject Swivels Consultants NZ Ltd liability to either (at Swivels Consultants NZ Ltd discretion) replacing the goods or repairing the goods.
Returns will only be accepted provided that:
- The Customer has complied with the instructions for correct installation and use of Swivels and in accordance with the ‘defects’ policy regarding returns
- Swivels Consultants NZ Ltd has agreed in writing to accept the return of the goods and the goods are returned at the Customers cost within seven (7) days of the delivery date
- Swivels Consultants NZ Ltd will not be liable for goods which have not been stored or used in a proper manner
- The goods are returned in the condition in which they were delivered and with all packaging materials, brochures and instruction material in a new condition as is reasonably possible in the circumstances.
- Swivels Consultants NZ Ltd may accept the return of the goods for credit, but this may incur a handling fee of fifteen percent (15%) of the value of the returned goods plus any freight.
- All Swivels sold from 1st August 2017 are stamped with a Job Number – if this is removed from the unit the warranty is void.
Consumer Guarantees Act
If the Customer is acquiring goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Customer Guarantees Act 1993 do not apply to the supply of goods by Swivels Consultants NZ Ltd to the Customer.
If any provision of these terms and conditions of trade shall be invalid, void, illegal or unenforceable, the validity existence. Legality and enforce-ability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions of trade and any contract to which they apply shall be governed by the laws of New Zealand, and are subject to the jurisdiction of the courts of New Zealand.
Swivels Consultants NZ Ltd shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Swivels Consultants NZ Ltd of these terms and conditions of trade.
In the event of a breach of this contract by Swivels Consultants NZ Ltd, the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the price of the goods.
The Customer shall not be entitled to set off against, or deduct from the price, any sums owed or claimed to be owed to the Customer by Swivels Consultants NZ Ltd, nor withhold payment of any invoice because part of that invoice is in dispute.
Swivels Consultants NZ Ltd may licence or sub-contract all or any part of its rights and obligations without the Customers consent.
When ordering our products, it is the care of the Customer to ensure they are purchasing the correct goods for the correct use.
Swivels Consultants NZ Ltd shall not be responsible for any injury sustained by the Customer or subsequent parties, for the improper use of goods supplied that results in injury or death. The goods must be installed by the Customer or subsequent parties correctly under good Engineering Practices, or as stated in the “Instructions and Warranty” booklet supplied with each Swivel. All care is expected to be taken by the Customer to ensure they are used in the correct manner as expected by Swivels Consultants NZ Ltd. All Swivels sold from 1st August 2017 are stamped with a Job Number – if this is removed from the unit the warranty is void.