TERMS & CONDITIONS
1) DEFINED TERMS:
"Goods" means all goods supplied from time to time by us to you, provided that:
where the Goods supplied are your Inventory, then all references to Goods in these Terms shall in respect of those Goods, be read as references to Inventory; and where the Goods supplied are not Inventory then all references to Goods in these Terms shall in respect of those Goods, mean the goods described in anyone or more of the relevant order form packing slip or invoice (or its equivalent, whatever called) relating to those goods, on the basis that each such order form ,packing slips or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of these Terms "Inventory" has the meaning given to that term in the PPSA. Unless the context or otherwise requires, words and phrases shall have the meanings given to them in or by virtue of, the PPSA. "PPSA" means the Personal Property Securities Act 1999 as amended or substituted from time to time.
2) TERMS OF CONTRACT:
Any Goods or services supplied to you shall be subject to these Terms unless we agree in writing to change them. If you accept Goods or services from us, those actions by you will be deemed to be acceptance of these Terms, notwithstanding anything that may be stated to the contrary in your enquires or your order.
Unless otherwise agreed in writing all freight, insurance, delivery and travel charges will be additional to any price quoted.
All quoted prices are in New Zealand dollars only (NZD). All credit card charges will be made in NZD.
Payment for all goods is by credit card only. Orders are subject to payment verification and acceptance before they are shipped.
Only The Best employs Direct Payment Solutions (DPS) for online credit card processing. The DPS website uses SSL (Secure Sockets Layer) technology. This is a method of ensuring that information submitted is secure and cannot be accessed by unauthorized users. Your credit card information is encrypted using a special certificate key and then decrypted with another key after it has been transmitted. When you access the DPS website secured with SSL you will see the url prefix change from http: // to https: //.
5.1 Ownership in the Goods shall not pass upon delivery, but shall remain with us until full payment of all monies owing by you to us has been made. Until all monies have been paid; You hold the Goods supplied as fiduciary for us and will deal with them as agent for and on behalf of us (but will not hold yourself out as our agent to any third parties); You shall store our Goods separately consistent with the Goods being our property, and ensure such goods are able to be separately identified; You irrevocably give us and our agents the right to enter your premises, to remove any of the Goods supplied and resell them. You agree to indemnify us (and our agents) against any liability incurred in connection with such entry and removal;
6) RISK AND DELIVERY:
6.1 If we are delivering the Goods to you, we will use all reasonable endeavors to see that deliveries are made according to schedule, but shall not be responsible for delivery delays due to causes beyond our control.
6.2 Risk in respect of the Goods sold shall pass to you when the Goods are delivered to you, or the time you receive the Goods, whichever is earlier.
7.1 Details of warranties available, if any will be provided upon request but are subject to clauses 8.2 and 8.3. Except to the extent of written warranties given by us to you, all warranties and representations in respect of Goods sold or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law. Where any written warranty conflicts with clauses 8 2 or 8 3 the provisions of clauses 8.2 and 8.3 as applicable shall apply. 7.2 We shall not be liable: Where you have altered or modified the Goods, mis-applied the Goods, or have subjected them to any unusual or non-recommended use servicing or handling: For loss caused by any factors beyond our control; For any indirect or consequential loss of any kind: Where the terms of any written warranty nave not been complied with, or any manufacturers' handbook provided to you has not been complied with.
7.3 Our total liability under any warranty for defective or damaged Goods supplied by us, or in relations of services is limited at our option to either; replacing or repairing the defective or damaged Goods; or refunding the price of the defective or damaged Goods.
7.4 Any Goods returned to us must be returned freight paid. You can claim for any reasonable freight charges. Where we elect to repair defective Goods, we will use all reasonable endeavours to repair the Goods as soon as possible, but will not be liable for any delay in completing the repairs.
8) GENERAL TERMS:
You may not cancel any orders for Goods or part of it without our written consent. If you do so, in addition to any other rights we may have, we may incur a financial penalty to you of 25% of the order value at our discretion. We shall have the right to cancel any orders for Goods which we have accepted ; if due to circumstances beyond our control it would be impractical or unreasonable to fill the orders if any information supplied by you is materially incorrect, or if in our opinion a satisfactory servicing or repair cannot be achieved.
8.3 Governing Law
These Terms will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have non-exclusive jurisdiction in respect of all matters between us.
8.4 The Privacy Act
You and any guarantor (if relevant) authorise us to collect and hold personal information from any source we consider appropriate to be used for the purposes of determining credit worthiness, for communicating promotional activities and product information, for debt collection purposes, or for any other related purpose.
8.5 Consumer Guarantees Act (CGA)
If the CGA applies these terms and conditions shall be read subject to your rights under the CGA provided that where you are acquiring goods or services for business purposes the CGA shall not apply.