CONDITIONS OF SALE

1. Selection, Price and Payment
All goods and services are supplied by the buyer's (the person, firm or company that has offered to purchase goods from the seller or to whom the seller has offered to sell goods) own independent knowledge, skill and judgement, and upon such independent advice or consultation as the buyer may require for that purpose particularly as to the use or suitability of such goods or services for the end user's purposes and to all other characteristics and specifications of the goods or services so supplied. All prices are in New Zealand dollars and are exclusive of GST. Prices quoted by Festive (the seller) to the buyer are valid for a period of 30 days from the date of quotation and thereafter may be altered at the seller's discretion. Unless otherwise specifically stated by the seller, prices do not include the cost of freight, packing, duties, taxes and other charges. Payment is to be received strictly the 20th of the following month from the date of invoice. If payment is not made in full by the due date, the seller shall be entitled to charge interest on any overdue amount at a rate of 21% per annum from the date payment is due until the date payment is made. In the event that the buyer is in default in any payment, the seller reserves the right to register a security interest under the Personal Property Securities Act 1999 over the customer's present and future property to secure payment of all amounts owing, including those not then due for payment. The customer waives the right of notification in respect of any such registration.

2. Title and Risk
Risk in any goods purchased by the buyer shall pass when such goods are delivered to the buyer or to custody on the buyer's behalf. Title in all goods supplied by the seller to the buyer shall remain with the seller until payment is made in full and received by the seller, for all goods supplied. The buyer acknowledges that until full payment has been received, that:

  1. The buyer is in possession of the goods as bailee for the seller.
  2. Any sale of the goods by the buyer to a 3rd party will be made by the buyer as agent for the seller and all sale proceeds will be held in trust for the seller as its property.
  3. The seller reserves the right to enter the buyer's premises for the purpose of repossessing any goods not paid for in accordance with these general conditions of sale.

3. Delivery
Stated completion or delivery dates for contracts shall be estimates only and shall not be deemed to be the essence of a contract. Delivery shall be subject to the reasonable demands and capacity of the supplier to supply those goods and services within the estimated time, and subject to any delay or interruption outside the reasonable control of the supplier. The seller shall not be liable for any direct or consequential loss to the customer as a result of delay or failure to deliver arising from matters outside the reasonable control of the supplier.

4. Cancellations and Returns
Cancellation of any order by the buyer will only be effective if accepted by the seller in writing and in any event shall be upon the condition that the buyer shall pay the seller for all work done and materials used by the seller in the execution of work on the buyer's behalf up to the date of cancellation. Except for defective items sold by the seller, items returned for credit will only be accepted on the following conditions:

  1. Items returned must not be obsolete, incomplete, damaged or otherwise imperfect.
  2. The seller reserves the right to reasonably determine the amount of credit to be allowed.
  3. Items cannot be rejected unless damaged or incorrectly supplied. Specially produced items cannot be rejected as being unsuitable or because they are no longer required by the buyer
  4. No responsibility is accepted by the seller for items lost or damaged in transit during return to the seller.
  5. No claims for damage will be entertained if a delivery docket has been signed stating that the product was received in good condition.

5. Default
If the buyer is in breach of any of the terms and conditions of the contract or the seller reasonably determines that the buyer may in future be in default or cease trading, the seller may:

  1. Enter, suspend or terminate the contract without prejudice to any other right or remedy it has at law or equity, and
  2. Payment for all goods produced by the seller whether delivered or not and any other moneys payable by the buyer shall immediately become due, and
  3. The seller may enter the premises where any delivered goods are situated and take possession of and remove the same without responsibility for damage and may resell and apply the proceeds toward payment. The seller's costs and expenses incurred as a result of such action shall be payable by the buyer on demand.

6. Warranty
Go here for the detailed warranty.

7. Rights and Governing Law
These conditions, warranties and disclaimers are subject to the rights and remedies in respect of the items which the buyer has under the Acts and Regulations of New Zealand and shall apply to the extent not otherwise expressly excluded by such legislation. The law and jurisdiction of New Zealand shall apply to the sale and supply of all goods and services supplied by the seller.

Festive reserves the right to alter specifications and Recommended Retail Prices (R.R.P.) at any time without notice.

 

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