Unless expressly modified or varied in writing, the following conditions shall apply to the contract and shall be deemed to be incorporated to form part of the contract and to have been accepted by the customer. R J MAGNESS LIMITED (46570) trading as Magness Benrow 100%
Retention of Title
Title to the product shall pass to the customer on payment of the full purchase price. Pending payment on the full purchase price: If the product is incorporated into other goods such goods shall vest in the supplier to the value of the product; The customer shall hold the product and goods as bailee for the supplier; If the customer sells the product or goods to the third party the customer shall be the agent of and shall hold the proceeds of sale as trustee for suppliers;
Information and Privacy Act
For the purpose of facilitating the efficient running of the supplier's business, the customers authorises the supplier:
To collect all information it may require from any third parties and authorises those third parties to release that information to the supplier; and To hold all information given by the customer or any third parties to the supplier; and To use that information, including giving information to any other person to facilitate collection of debts from the customer.
The information will be collected, held and used on the condition that:
It will be held securely at the supplier's office; and It will be accessible to any of the supplier's employees and agents who need access to it for the efficient running of the supplier's business; and The customer may requestaccess to and correction of it at any time.
Risk in any goods supplied to the customer will pass when the supplier parts with the possession of goods.
Unless otherwise agreed in writing, the supplier will be deemed to have parted with possession of the goods once the goods have left the suppliers premises.
Delivery and Freight
The supplier will make every effort to keep to delivery schedules, but will take no responsibility for delivery delays beynd its control. Unless otherwise agreed in writing, point of delivery will be at customer's premises.
The supplier shall not be liable for damages or for delay in delivery or for failure to give notice of delay when such delay is due to conditions beyond the supplier's reasonable control.
With respect to quotations, product price will be confirmed in writing at the time of order but prices are subject to change without notice. Freight of the product is chargeable unless otherwise agreed. All prices are quoted in NZD
Terms of Payment
Full payment is required on delivery unless individual teerms have been agreed as terms of trade and confirmed by the supplier in writing. Payment will be on an invoice basis and no statement will be issued. The customer is liable to pay all expenses and legal costs incurred by the supplier relating to the enforcement of this agreement. Any cheque, trade-in, bill of exchange or other negotiable instrument given by the customer under this contract will not be considered to be a payment until that instrument has been actually paid or honoured.
Consumer Guarantees Act
If the customer purchases or indicated that the purchase of the goods is for the purposes of a business the provisions of the Consumer Guarantees Act 1993 will not apply. The supplier shall not, in relation to the supply by the supplier of the goods, give or make any undertaking, assertion or representation in relation to the goods without the prior written approval from the manufacturer, and the supplier shall indemnify the manufacturer against any liability or cost incurred by the manufacturer, as a result of any breach by the supplier of this provision. The manufacturer shall not be liable for any loss of profits or any consequential, indirect or special loss or damage, or injuries of any kind if the supplier has not contracted out of the Consumer Guarantees Act 1993, in its dealings with business customers and the supplier will indemnify the manufacturer against any losses for failure to do so.
Subject to the Consumer Guarantees Act 1993, goods supplied shall be subject to the terms and conditions of warranties and the guarantees provided by their respective manufacturer's warranty. No warranty whatsoever is given by the manufacturer in respect of any goods unless specifically stated in writing by the manufacturer.
No order, once accepted by the supplier may be cancelled or varied by the customer except for cause. Any cancelled order, where stock is accepted back, will incur a restocking fee of 15%.
If your order is not accepted by us, we will arrange for a full refund made by you to be processed. We may in our sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your order.
We do not have to provide a refund if you change your mind about a particular purchase, so please choose carefully.
If the goods are faulty we will meet our obligations under the Consumer Guarantees Act to provide a remedy.