Terms of Trade : Builders Corner T/a Landscape Supplies known as 'The Company'
It is imperative you accept our Terms and Conditions prior to establishing a trade account or purchasing product using a credit card. Undertaking any form of business with 'The Company' automatically assumes you have made yourself aware of our Terms and Conditions.
1. Application of Terms of Trade 1.1….These terms apply to all trade between 'The Company' and the Customer. These terms are effective from the time you transact with us.Unless the context requires otherwise, the following definitions shall apply to these terms of trade.
2. Definitions: Unless the context requires otherwise, the following definitions shall apply to these terms of trade:
2.1…. 'The Company'
includes any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies.
"Customer" means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer's trustees, executors [if an individual or successors], permitted assigns, and/or administrators.
2.2…."Goods" means the goods supplied to the Customer by 'The Company' which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by 'The Company' in respect of the goods.
2.3…."PPSA" means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.
2.4…."PPSR" means the Personal Property Securities Register under the PPSA.
2.5 "Services" means the services supplied to the Customer by 'The Company' which are described within the invoice associated with the work or product delivered. This encompasses the delivery of product or the provision of services, travel between locations and any costs associated with the delivery of said goods or services.
3.1….The Customer shall pay in full the invoice received for the Goods and Services no later than the date specified on the Company's invoice or prior to the delivery of said goods of services.The Customer may not withhold payment or make any deduction or set-off from any invoiced amount or on account of any money which 'The Company' may owe the Customer. If the Customer fails to pay the full amount due, on or before the due date, 'The Company' (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest at the rate of 2.5% of the invoiced amount per month from the due date until payment is received in full.
3.2….The price for the Goods and Services supplied by 'The Company' shall become immediately payable, regardless of any other terms of payment, and 'The Company' may take immediate action to recover the price. This includes if the Customer is in default under any agreement with 'The Company' or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors' composition, or has its credit standing impaired in any way.
4. Withdrawal of Credit
4.1…. 'The Company' may at any time, in its sole discretion, withdraw the provision of credit to the Customer.
5. Delivery and Return
5.1….Delivery of Goods shall be deemed to be made to the Customer when the Goods are first dispatched from 'The Company' premises or collected by the Customer or the Customer's agent. All carriers of goods are deemed to be agents of the Customer.
5.2….'The Company' may stop future deliveries until the Customer has paid for all previous supplies of Goods or Services supplied by 'The Company' (whether payment is due or not).
5.3….If 'The Company' is unable to deliver the Goods or perform a Service because of any cause beyond its control (including any force majeure event) 'The Company' may suspend delivery or cancel the Customer's order without incurring any liability for loss or damage suffered by the Customer.
5.4….Any right which the Customer may have to reject non-conforming Goods or in respect of short delivery of Goods shall only be effective if the Customer notifies 'The Company' in writing within 24 hours after delivery of the Goods. Goods will only be accepted for return with the prior approval of 'The Company'. Freight and all other costs associated with the return of Goods will be at the Customer's expense unless otherwise agreed in writing by 'The Company'
6.1….Risk in the Goods passes to the Customer upon delivery in accordance with clause 5.1 whether received by the Customer or not. This also includes a delay in delivery, even if ownership of the Goods has not been passed on to the Customer.
6.2….The Customer shall at all times insure the Goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the Goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed Goods, and to immediately pay the proceeds received to 'The Company'. The Customer will remain liable to 'The Company' for any shortfall in the insurance proceeds.
7.1….Ownership of the Goods shall not pass to the Customer until the Customer has paid for the Goods in full and 'The Company' may retake possession at any time without notice. In addition, any proceeds from the sale of Goods that have not been paid for shall belong to 'The Company' 7.2….Notwithstanding the provisions of clause 7.1 regarding 'The Company' ownership of any sale proceeds, until the ownership of the Goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the Goods to any other person.
8. Enforcement and PPSA
8.1….The Customer grants 'The Company' a security interest in the Goods as security for payment of all moneys owing by the Customer to 'The Company' from time to time, whether in relation to this contract or any other contract or on any other account whatsoever.
8.2….The Customer irrevocably gives 'The Company' and its agents the right to enter upon the Customer's premises (including leased premises), without giving notice and without being in any way liable to the Customer, if 'The Company' has cause to exercise any rights it has under section 109 of the PPSA.
8.3….The Customer indemnifies 'The Company' for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the Customer may be liable for, on top of the outstanding debt.
8.4….The Customer waives its right under the PPSA to receive any verification statement from 'The Company'
8.5….The Customer shall immediately notify 'The Company' in the event that the Customer changes its name.
9. Representations, Warranties, Terms and Conditions
9.1….To the maximum extent permitted by law, all representations, warranties, guarantees, terms, and conditions (including any representation, warranty, guarantee, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between 'The Company' and the Customer. Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of Goods or Services by 'The Company' to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the Goods or Services for the purposes of a business. 9.2…. If 'The Company' shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including negligence or for personal injury) or otherwise and notwithstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the Goods or Services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser.
9.3….To the fullest extent permitted by law, 'The Company' will not be liable for any financial or economic loss or for any special, indirect,consequential loss or special damages of any kind whatsoever.
10.1…. The Customer agrees that 'The Company' may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of 'The Company' business, including credit assessment and debt collecting. The Customer consents to any person providing 'The Company' with such information. 10.2….The Customer agrees that 'The Company' may use, for lawful purposes, any information it has about the Customer relating to the Customer's creditworthiness.
10.3….Without limiting the provisions of clauses 10.1 and 10.2, the Customer understands that: a) 'The Company' is asking the Customer for personal information about the Customer for the purpose of: i. obtaining a credit report on the Customer to help assess the Customer's creditworthiness for the purpose of 'The Company' opening or reviewing a trading account for the Customer, and. ii. registering the security interest created by clause 8.1 under the PPSA; b) 'The Company' will give the Customer's personal information to: i. a credit checking bureau of 'The Company's' choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and ii. the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA; c) The credit reporting bureau will provide 'The Company' with information about the Customer for the purposes outlined in clause 10.3(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those customers too. d) The Company may use the credit checking bureau's credit reporting services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes. e) If the Customer defaults in the Customer's payment obligations to 'The Company', information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer. f) The Customer has a right of access to, and may request correction of, personal information held by 'The Company' or a third party about the Customer. For those purposes, the Customer understands that he or she may contact 'The Company' at the address set out in the application for credit account to which these terms of trade relate, for information.
11. Amendment 'The Company' may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular Goods or Services by 'The Company' to the Customer be bound by the terms of trade applicable at the time of sale of those Goods or Services. A copy of the latest version of the terms of trade will be available upon request at the office of 'The Company'.
12.1….Unless expressly provided otherwise in any written agreement between 'The Company' and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between 'The Company' and the Customer relating to the supply of Goods and Services by 'The Company' to the Customer.
12.2….Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.
12.3….These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of New Zealand. 'The Company' and the Customer shall submit to the nonexclusive jurisdiction of the Courts of New Zealand.Our new website is currently under construction - please bear with us during this development phase.