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© FANTECH
2016
REFERENCE INFORMATION
O-19
O
CONDITIONS OF TRADING - NEW ZEALAND
7. GOODS WARRANTY:
7.1 Subject to the conditions and limitation below, the Company warrants the Goods to
be free of defects in workmanship and/or materials at the time of delivery to the
Buyer. Any part, assembly or portion of any Good found to be defective within one
year from the date of commissioning or eighteen (18) months from date of shipment
from the Company, whichever is the sooner, unless expressly stated otherwise in the
Company's Publications or Literature, will be repaired or exchanged F.O.B factory.
7.2 The Company reserves the right to replace defective parts of the Goods with parts
and components of similar quality, grade and composition where an identical
component is not available. The Company further reserves the right to supply goods
that contain refurbished or repaired parts.
7.3 Goods presented for repair may be replaced by refurbished goods of the same type
rather than being repaired. Refurbished parts may be used to repair the Goods.
7.4 Goods or parts that have been returned for repair or warranty assessment are
deemed to have been abandoned by the Buyer if not collected within 30 days after
the Company has notified the Buyer in writing of the warranty assessment outcome
or the completed repair.
7.5 The Company reserves the right to dispose or otherwise deal with an abandoned
product or part at its discretion.
7.6 The warranty in clause 7.1 does not apply if:
(i) the Goods have not been paid for by the Buyer; or
(ii) the Goods have not been installed in accordance with AS/NZS 3000/2000
Australian/New Zealand Wiring rules; or
(iii) the Goods have been misused or neglected.
7.7 The Company assumes no responsibility under this warranty for the labour costs
involved in the removal of defective parts, installation of new parts or service charges
related thereto.
7.8 If a fault covered by the warranty in clause 7.1 occurs, the Buyer must first contact
the Company before returning the Goods.
7.9 Any warranty claim must be accompanied by:
(i) proof of purchase;
(ii) written details of the alleged defect; and
(iii) appropriate documentation (such as installation and maintenance records etc).
7.10 The Company shall have the option of requiring the return of the defective part
(transportation prepaid by the Buyer) to establish the claim.
7.11 The Company makes no warranties or representations other than set out in this
clause 7.
7.12 The repair or exchange of the Goods or part of the Goods, is the absolute limit of the
Company's liability under the warranty in clause 7.1.
8. LIABILITY:
8.1 Except as expressly provided in these Conditions, all other conditions and warranties
in respect of the state, quality or condition of the Goods, whether express or implied
by statute, common law, trade usage, custom or otherwise which may, apart from this
clause 8 be binding on the Company, are hereby expressly excluded and negated to
the maximum extent permitted by law.
8.2 If the Company's liability is not excluded under these Conditions, to the maximum
extent permitted by law, the Company's liability is, at the Company's option, limited
to and will be completely discharged by, one or more of the following:
(i) The replacement of the Goods or the supply of equivalent goods;
(ii) The repair of the Goods;
(ii) The payment of the cost of repairing the Goods or of acquiring equivalent goods;
or
(iv) The payment of the cost of having the Goods repaired.
8.3 Except as expressly provided herein, the Company shall not be liable to the Buyer for
any liability (including liability in negligence), indirect or consequential or economic
loss or expense including but not limited to loss of turnover, profits, business or
goodwill, howsoever suffered or incurred by the Buyer or any third party, caused by
or resulting directly or indirectly from the Goods supplied.
8.4 The Buyer acknowledges that the Company's systems are designed, manufactured
and tailored based on the information that the Buyer has supplied to the Company
and the Company has relied on such information to design, manufacturer and tailor
systems suitable for the Buyer. As such, the Company will not be liable to any extent
whatsoever for the performance of the system.
8.5 Nothing in these Conditions is to be interpreted as excluding, restricting or modifying
or having the effect of excluding, restricting or modifying the application of any law,
statue, regulation or bylaw applicable to the sale of goods which cannot be excluded,
restricted or modified including, except to the extent permitted, the Consumer
Guarantees Act 1993 and the Fair Trading Act 1986.
8.6 The parties agree that where the Goods are supplied to and acquired by the Buyer
in trade for the purposes of a business, the Consumer Guarantees Act 1993 does not
apply and that it is fair and reasonable that the parties are bound by this clause 8.6.
9. ACCEPTANCE:
9.1 The Buyer shall inspect the Goods within 48 hours of delivery and shall within seven
(7) days from the date of inspection give written notice to the Company of anything
which the Buyer alleges makes the Goods not in accordance with the Contract or
quotation. If the Buyer shall fail to give such notice then, subject to the extent
permitted by statute, the Goods shall be deemed to have been accepted by the
Buyer and the Buyer shall pay for the same in accordance with the provisions hereof.
10. RESTOCKING FEES:
10.1 No Goods may be returned to the Company for credit unless prior approval has been
given by the Company and then only on the following conditions:
(i) Freight and packaging are prepaid and a packing list enclosed with the Goods;
(ii) The Goods must be in as new condition, subject to approval by the Company's
Quality Controller;
(iii) Credit will only be allowed on the original invoiced once, less a minimum
restocking fee of twenty (20) per cent on the value. Higher restocking fees may
apply subject to the type and condition of Goods returned; and
(iv) No credit will be allowed for non-standard or specially procured Goods.
11. DEFAULT AND DAMAGES:
11.1 The following events are acts of default:
(i) Any distress execution or other legal process being levied upon any of the
Buyer's assets;
(ii) The Buyer entering into any arrangements or composition with its creditors,
committing any act of bankruptcy, or being a company entering into liquidation,
or having a winding up petition presented against it, calling a meeting of its
creditors, or suffering the appointment of a Receiver or Administrator in respect
of the whole or any part of its undertaking or assets, or any other similar action
occurs;
(iii) Non-payments by the Buyer of any monies due from it to the Company;
(iv) An order is cancelled by the Buyer after manufacture and/or picking of the order
has commenced;
1. DEFINITIONS:
1.1 "The Company" shall mean Fantech (NZ) Limited, its agents or employees.
1.2 "The Buyer" shall mean the purchaser of the Goods who is party to the Conditions.
1.3 'The Goods" means any goods, items or products which are sold by the Company to
the Buyer.
1.4 "GST" means any goods and services tax imposed under the Goods & Services Act
1985.
1.5 "These Conditions" means these Standard Conditions of Trading and Quotation.
1.6 "Contract" means any agreement with the Buyer for the provision of Goods.
1.7 "PPSA" means the Personal Property Securities Act 1999.
1.8 References to any legislation is to that legislation as amended or replaced from time
to time.
2. GENERAL:
2.1 Unless otherwise agreed in writing, these Conditions shall be deemed incorporated
in each Contract and any acceptance of a quotation from the Company is subject to
these Conditions. In the event of any conflict arising between these Conditions and
any conditions which the Buyer might additionally seek to impose in relation to an
order, the Conditions shall prevail. These Conditions override and replace any other
conditions of the Buyer.
2.2 The Conditions may be changed at any time by written notice to the Buyer and the
changes will be effective upon the first order by the Buyer following the date of the
notice and thereafter.
2.2 It is agreed that the Company shall be permitted to obtain a credit agency report or
such similar information regarding the Buyer or any guarantor.
3. QUOTATIONS AND ORDERS:
3.1 Except where the quotation is expressly designated otherwise written quotations are
valid for sixty (60) days are subject to re-quotation thereafter.
3.2 Each order placed by the Buyer will constitute an offer to purchase goods from the
Company. The Company has absolute discretion to refuse to accept any order.
3.3 The Buyer cannot withdraw an order once it is accepted by the Company.
3.4 Gift, import duty and any other taxes, duties and charges (if any) included in the
quotation are based upon the rates of those taxes, duties and charges at the time of
quotation. All variations in the rates of such taxes, duties and charges as a result of
amendment of the relevant Acts or Regulations, or changes of interpretation of the
relevant Acts, Regulations, By-laws or Classifications shall be to the Buyer's account.
3.5 Variations in rates of exchange on imported goods affecting the amount paid by the
Company for Goods shall be to the Buyer's account.
3.6 Notwithstanding the Company's acceptance of an order, all supplies of Goods are
subject to availability at the time of delivery.
4. TERMS OF PAYMENT:
4.1 If credit is given the settlement of the account is payable within 20 days of the end of
the month of dispatch or collection of the Goods regardless of the date the Buyer
receives an invoice or statement for the Goods from the Company unless otherwise
agreed in writing. Any payments or part thereof remaining unpaid after such period
of twenty (20) days shall in the absolute discretion of the Company carry interest
thereon at the rate of two (2) per cent per month.
4.2 If the Buyer does not have a credit account, it must pay for the Goods in full before
delivery of the Goods.
4.3 The Company reserves the right to charge a surcharge for payment of any monies
owed by the Buyer via credit or debit cards.
4.4 Time is of the essence regarding the making of all payments.
4.5 Each payment shall be by way of cleared funds.
4.6 Notwithstanding the imposition of interest charges pursuant to this clause 4, such
interest charges shall not be regarded as allowing time for payment of any amount
owing but are agreed as constituting compensation payable to the Company
because of delay in payment.
4.7 Notwithstanding the Imposition of any interest charges in respect of monies unpaid,
all such monies that remain immediately due and payable to the Company and the
Company shall be entitled to take legal proceedings at any time for recovery of any
monies bearing interest charges pursuant to this clause 4.
4.8 In addition to the Company's other rights set out in this clause 4, the Buyer agrees
that the Company shall have the right (although it shall not be bound to do so) to
suspend delivery to the Buyer of all or any outstanding orders if the Buyer is in default
of any clause in any Contract.
5. DELIVERY AND TRANSPORT:
5.1 Unless otherwise agreed in writing the Company reserves the right to charge the
Buyer the cost of transportation of the Goods to the destination which appears on the
Buyer's order. In all cases the Buyer warrants that in cases where delivery is to be
made by road transport sufficient and suitable access to the said destination
including a road surface capable of withstanding the weight and size of the transport
and loads involved is available. In the event of any additional costs or expenses
being incurred by the Company the full amount thereof will be payable on demand
by the Buyer.
5.2 Whilst every effort is made to deliver Goods on the dates or within the periods
mentioned in any quotation or order such dates or periods shall be deemed to be for
information purposes only and shall not form part of the Contract unless specifically
agreed in writing to be of the essence and in absence of such a special agreement
the Company accepts no liability whatever for any loss or damage of whatsoever
nature and howsoever arising which may be suffered by the Buyer as a result of any
failure on the part of the Company to deliver Goods on or within such dates or
periods. For imported products, the Company agrees to notify the Buyer of
shipping/delivery dates as soon as practicable after they become available.
5.3 The Company may make part delivery of Goods and may invoice the Buyer for the
Goods provided.
5.4 The Buyer agrees to provide at its expense (if requested by the Company) assistance
to the Company's driver or Contract Carrier in off-loading heavier items.
5.5 The Buyer indemnifies the Company against any loss or damage suffered by the
Company, its sub-contractors or employees as a result of delivery, except where the
Buyer is a consumer and the Company has not used due care and skill.
5.6 The Buyer is responsible for the assembly and installation of the Goods unless the
Company agrees otherwise in writing.
6. RISK AND INSURANCE:
6.1 The risk in the Goods will pass to the Buyer immediately on the Goods being
dispatched and where the Company gives notification that Goods have been
dispatched, the Buyer shall insure and keep insured the Goods until such time as the
Goods have been paid in full.
6.2 The Buyer assumes all risk and liability for loss, damage or injury to persons or to
property of the Buyer, or third parties arising out of the use, installation or possession
of any of the Goods, unless recoverable from the Company on the failure of any
statutory guarantee.