GENERAL “These terms and conditions set out the basis on which Sports Network Limited (vendor) agrees to sell goods to the purchaser and will apply to all such sales unless otherwise agreed in writing. We may amend these terms and conditions from time to time and if so a copy of the amended terms will be provided to the purchaser.”
CONTRACT A contract shall exist between the vendor and the purchaser when (a) The vendor through its duly authorised representative, at the request of the purchaser, completes a vendor’s order form and a copy of the order is given to the purchaser, or (b) The purchaser communicates an order by phone, post, facsimile or email and it is accepted by the vendor by sending a completed order form to the purchaser and/or the goods ordered are dispatched from the vendor’s warehouse.
PAYMENT The purchaser is liable for any for any tax or other duties that may be payable in respect of the goods. Payment shall be made by the purchaser to the vendor on the 20th of the month following the invoice. Any variation must be recorded in writing and agreed between the parties.
WHOLESALE/DISCOUNTED PRICE Shall be stipulated on price schedule and or vendors order form, provided by the vendor. Should a discount price be stipulated then such price shall only be payable when all conditions stipulated for payment of the discount price are met by the purchaser (if no stipulation then payment must be made by the 20th of the month following month of invoice), and all outstanding accounts have been paid by the purchaser. Failing this the stipulated wholesale price shall be payable.
INTEREST DEFAULT Interest shall be charged and shall be payable on all accounts not paid as required at the rate of 2.5% per month or part there of on all overdue monies but this in itself does not amount to an extension of the due date for payment of those monies, nor does the charging of such interest constitute a forbearance to sue or seek recovery of overdue monies by any legal process. Interest shall accrue after judgement as before judgement. Late penalty may apply for debt recovery of overdue monies.
DELIVERY (a) The vendor undertakes to use all reasonable endeavours to deliver goods within the date specified on the order, if any, but the purchaser shall accept the goods if delivered within fourteen days thereafter. (b) The vendor reserves the right to cancel any order relating to any item or items of goods which in the opinion of the vendor it is impractical or uneconomic to produce or supply. (c) Delivery shall be deemed complete when the goods are delivered to the purchasers premises
FREIGHT Delivery cost of goods shall be paid by the vendor except where the goods to be delivered have invoice value of $500 (incl of GST) or less. Then in such circumstances delivery costs will be paid by the purchaser.
RISK The risk in the goods shall pass to the purchaser upon delivery of the goods.
TITLE Title to the goods shall not pass to the purchaser until the purchase price has been paid in full, notwithstanding the earlier delivery and possession to the purchaser. Until the purchaser has made payment in full. (a) The purchaser shall hold the goods as bailee for the vendor (b) The vendor shall have the right to repossess the goods should the purchaser fail to pay for the goods as required in full and the purchaser hereby irrevocably authorises the vendor to enter any premises where the goods are held for this purpose. (c) The purchaser shall have no power to charge, encumber, transfer or assign the goods to another person and shall deal with the goods only by sales at retail. (d) If the unpaid for the goods are sold to a third party by sales at of the proceeds of the sale shall be held on trust for the vendor. (e) The right of the purchaser to sell the goods at retail is automatically revoked from the earlier of (i) A failure to comply with these terms and conditions (ii) The purchaser committing an act of bankruptcy, entering into any composition or arrangement with its creditors or ( where the purchaser is a company) a resolution being passed or an application being made for liquidation or a receiver or a statutory manager being appointed over any assets; (iii) The vendor notifying the purchaser in writing that this authority is revoked.
CANCELLATION AND RETURN (a) No order once accepted by the vendor may be cancelled or varied by the purchaser except by written agreement of the vendor. No returns will be accepted except pursuant to an such agreement or subclause (b) hereof (b) Claims for incorrect deliveries, faulty unsold goods and incorrect charging, must be made within 7 days of receipt of the goods. (c) Claims for non-receipt of goods must be made within 14 days of dispatch date or no liability will be accepted as freight claims are not processed after fourteen days from date of stock departure.
PERSONAL PROPERTY SECURITIES ACT 1999 (a) The purchaser acknowledges that clause 9 creates a security interest (as that term is defined in the Personal Property Security Act 1999 (PPSA)) in the goods. The purchaser will at the vendor’s request promptly execute any documents, provide all necessary information and do anything else required by the vendor to ensure that the security interest constitutes a perfected security interest (as that term defined in the PPSA) if required by the vendor, including executing any variations to this agreement reasonably requested by the vendor. (b) The purchaser waives the right under the PPSA to receive a copy of any verification statement otherwise required by the PPSA. So far as permitted by section 107 of the PPSA, the purchaser will have no rights under section 114, 120 and 133 of the PPSA, including the right to receive any notices. The purchaser agrees that the vendor may exercise its rights under sections 109 and 120 concurrently, and that repossession and retention of goods under sections 120-123 will immediately extinguish any rights and/or interests the purchaser may have in the goods and that the vendor may allocate any monies it receives to debts, charges and expenses in any priority it determines. (c) The purchaser agrees that the purchaser’s account may be debited with the costs of registration of a financing statement and all other costs associated with the perfection and enforcement of the security interest (including full client solicitor costs).
METHOD OF SALE The purchaser acknowledges and agrees that the sale of footwear supplied by the Vendor via the internet is prohibited. Any breach of this clause may result in the vendor no longer accepting an order from you for footwear.
INTERPRETATION Where the context so requires or admits: Words importing any gender shall include every gender including neuter. The singular shall include the plural and vice versa. “Purchaser” and “you “ or “yourself” means the person, company or other entity detailed on the vendor’s order form.
Governing law These terms and conditions are governed by the laws of New Zealand and the vendor and purchaser submit to the jurisdiction to the Courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions.
Partial Invalidity If for any other reason the vendor cannot enforce one or more of these terms and conditions, all the other terms and conditions will remain binding.
No Waiver The delay or failure of the vendor to exercise any right or remedy under this agreement is not a waiver of that right or remedy and the single or partial exercise of any right or remedy does not preclude the exercise of any right or remedy or its further exercise.
Consumer Guarantees Act When you have acquired the goods from the vendor for the purposes of a business, or have held yourself out as acquiring them for the purposes of a business, the purchaser agrees that the Consumer Guarantees Act 1993 shall not apply to the supply of goods.
Information –Privacy Consent The purchaser consents to the vendor obtaining a credit reporting agency check containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of the collection of payments which are overdue.
Exclusion of Liability Except as provided in these terms and conditions, the vendor is not liable to the purchaser or any other person for any cost, loss or liability (including loss of profit or other indirect or consequential damage) arising from the vendor’s supply or failure or delay in supplying any goods to the purchaser.
Breach The purchaser shall indemnify the vendor against any loss (including any loss of profit) incurred by the vendor as a result of any breach of these terms and conditions including all costs associated with the recovery of amounts outstanding by the purchaser.
Limitation of Liability If for any reason the vendor is required to pay you for anything under these terms and conditions for any defective or faulty goods then the most the vendor has to pay is (at the vendors option): (a) The cost of repairing or replacing any goods provided; or (b) The cost of refunding any moneys paid to the vendor under these terms and conditions. Nothing in these terms and conditions shall be read as excluding liability where to do so is not permitted by any act or regulation.
Dispute Resolution If any dispute arises in relation to these terms and conditions or the relationship between the parties , the parties shall first meet to discuss and endeavour to resolve the matter as soon as possible, but if this is unsuccessful then the parties may by mutual agreement submit to mediation with the appointment of an independent mediator.