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Wednesday, 7 January 2009 :: Staff Login :: SPAM Manager :: Webmail |
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Wednesday, 7 January 2009 :: Staff Login :: SPAM Manager :: Webmail |
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Zeal Distributors Products ("Goods") are sold and supplied in New Zealand by Zeal Distributors Limited ("Zeal Distributors") to clients ("the Client") on the following terms of trade which cancels all previous terms and conditions.
Effective from 1 September 2008
Any price list or marketing advice supplied to the Client does not constitute an offer for sale, and Zeal Distributors reserves the right to decline any order for Goods. All prices are subject to change without notice and at the sole discretion of Zeal Distributors. In respect of Goods delivered after any price change, the price charged shall be the price applicable at the time of the delivery. Zeal Distributors reserves the right to terminate any agreement to supply Goods.
Zeal Distributors shall not be liable in any way for any loss or damage (including consequential loss or damage) arising from delays beyond Zeal Distributors control in relation to the delivery of Goods. Risk in the Goods shall pass to the Client when Goods are delivered to the Client, any agent of the Client, or are in the control of the Client or when the Client has title to Goods.
The Client grants a security interest (as that term is defined in the Act - when applicable) to Zeal Distributors over Goods presently or in the future supplied or delivered to the Client or its agents until the purchase price of the Goods is paid in full and without deduction or setoff. Upon the request of Zeal Distributors, the Client shall properly execute any documents and do anything else required by Zeal Distributors to ensure that the above security interest constitutes a perfected security interest (as that term is defined by the Act) over Goods supplied to the Client by Zeal Distributors, including:
The Client shall not agree to allow any person to file a Financing Statement over Goods supplied pursuant to these terms without prior written consent of Zeal Distributors, and the Client shall notify Zeal Distributors immediately if it becomes aware of any person taking any steps to file a Financing Statement against Goods which are supplied pursuant to these terms.
Zeal Distributors shall retain full legal and equitable title in the Goods, and title to Goods shall not pass to the Client, and there shall be no right to deal with, on-sell or encumber or mortgage Goods, until such time as payments (including delayed or deferred payments on a credit basis) have been paid in full by the Client, in cash or as otherwise agreed by Zeal Distributors.
Zeal Distributors reserves the right to enter upon the Client's premises or upon any third party's premises where Goods are located to take possession of Goods, and Zeal Distributors shall not be responsible nor liable in any manner whatsoever from any damage caused or any loss that results from such action. The Client hereby grants Zeal Distributors and its agents an irrevocable licence to enter such premises and repossess Goods.
If the Client acquires Goods for the purpose of business, the Client agrees and acknowledges that it is not a "consumer" as defined by the Consumers Guarantees Act 1993 ("the Consumer Act") and Goods supplied to it are for the purpose of the business. The Client further agrees that the guarantees and rights available to it under the Consumer Act, including the right to consequential losses, are expressly excluded pursuant to section 43(2) of the Consumer Act.
The warranties and any liability implied by section 16 of the Sale of Goods Act 1908 are expressly excluded by Zeal Distributors pursuant to section 56 of that Act. All manufacturers' warranty are extended directly to the Client.
Where relevant and where any inconsistency exists between the provisions of these conditions and the provisions of the Consumer Act, the provisions of the Consumer Act shall apply.
Zeal Distributors is prepared to give consideration to any reasonable complaint as to either manufacture or workmanship. If, in its sole opinion, Zeal Distributors concludes that the complaint is justified, it shall endeavour to obtain redress/compensation from the manufacturer.
The Client shall ensure that its terms of sale requires purchasers of Goods to comply with and be bound by the applicable causes of these terms, and the Client indemnifies Zeal Distributors for any losses incurred as a result of its omission to do so.
The Client shall pay Zeal Distributors in full and without deduction or setoff for the Goods by the 20th of the month following the date of invoice. Time is of the essence. Zeal Distributors reserves the right to charge interest on overdue accounts at 2% per month (minimum of $25.00) on the outstanding balance from the date the payment was due until payment is received. The right to charge interest is without prejudice to Zeal Distributors other rights in respect of non-payment or late payment.
Zeal Distributors further reserves the right to recover from the Client all costs and/or expenses incurred in repossessing Goods or instructing a solicitor or debt collection agency to recover any amount overdue for payment, and such costs and expenses shall bear interest as provided for above.
If you wish to raise a genuine dispute regarding an invoice from us you must do so in writing within 30 days of the date of the invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution or amendment to our charges.
The Client, noting the requirements under the Privacy Act 1993, acknowledges, authorises and directs that Zeal Distributors can seek and obtain from and supply any information concerning the credit or business standing of the Client to any other trader, merchant, firm, organisation, company or other agency or source whatsoever including any credit agency or association, and directs any such person / entity to supply and receive and record such information to and from Zeal Distributors.
If you wish to notify us of anything you can do so by writing to us at PO Box 6, Paraparaumu or by calling 04 9042618. We may require you to confirm in writing any advice you give us by phone. If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile or email to the last known address or number we have for you. If your contact details change you must advise us of the new details as soon as possible.
In the case of any conflict between these terms or any other document provided by Zeal Distributors, these conditions shall prevail. These terms shall not be modified or varied unless expressed in writing and agreed to by Zeal Distributors and the Client. Where Zeal Distributors fails to enforce any terms or fails in any way to exercise its rights under these terms, Zeal Distributors shall not be deemed to have waived those rights with respect to any breach or subsequent breach of any term/s. If any of these terms are held to be invalid or unenforceable for whatever reason, the remaining terms shall remain in full force and effect. The Client, by making an order for Goods pursuant to the attached price list or by any other medium, does so on the basis that the Client has read, understood and agrees to be bound by these terms. Should the Client have any queries regarding these terms, they should seek independent legal advice.
These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
A copy of the current Terms & Conditions can always be viewed at http://www.zealdist.com/terms.asp
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