1.1 “Seller” shall mean Hi Tech Plastics (2002) Ltd and its successors and assigns.
1.2 “Customer" shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
1.3 "Goods” shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are goods supplied by the Seller to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.4 “Price” shall mean the cost of the Goods as agreed between the Seller and the Customer subject to clause 4 of this contract.
2.1 Any online order received by the Seller from the Customer for the supply of Goods shall constitute acceptance of the terms and conditions contained herein.
2.3 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.4 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.5 None of the Seller's agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.
3.1 The Goods are as described on this Website.
4. Price and Payment
4.1 The Price shall be as indicated on this Website by the Seller in respect of Goods supplied.
4.2 Unless agreed otherwise in writing with the Seller, payment for the Goods together with any shipping costs is due at time of placement of order, and no order will be processed prior to payment in full for the Goods. The Sellers Standard Terms and Conditions of Sale for On account Customers shall apply in addition to these terms for any sale of Goods where payment is not made in full on placement of the order for such Goods.
4.3 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable.
5. Delivery of Goods
5.1 Delivery of the Goods shall be made to the Customer's address as specified on placement of order. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Customer at the Seller’s address.
5.2 Delivery of the Goods to a carrier, at the discretion of the Seller for the purpose of transmission to the Customer, is deemed to be delivery of the Goods to the Customer. All risk for theGoods passes to the Customer on delivery.
5.3 The Seller may deliver the Goods by separate installments.
5.4 The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that;
(a) such discrepancy in quantity shall not exceed 5%, and
(b) the Price shall be adjusted pro rata to the discrepancy.
5.5 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
6.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in be in accordance with the terms and conditions and free from any defect or damage.
6.2 For defective Goods, which the Seller has agreed in writing that the Customer is entitled to reject, the Seller's liability is limited to either (at the Seller's discretion) replacing the Goods or repairing the Goods provided that:
(a) the Customer has complied with the provisions of clause 6.1;
(b) the Goods are returned at the Customer's cost within seven (7) days of the delivery date;
(c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;
(d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
6.3 The Seller may (in its discretion) accept the Goods for credit but may charge a handling fee of 10% of the value of the returned Goods plus any freight.
7.1 Subject to the conditions of warranty set out in Clause 7.2 the Seller warrants that if any defect in any workmanship of the Seller becomes apparent and is reported to the Seller within seven (7) days of the date of delivery (time being of the essence) then the Seller well either (at the Seller's sole discretion) repair the defect or remedy the workmanship.
7.2 The conditions applicable to the warranty given by Clause 8.1 are:
(a) The Warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
I) Failure on the part of the Customer to properly maintain any Goods; or
II) Failure on the part of the Customer to follow any instructions or guidelines provided by the Seller; or
III) Any use of any Goods otherwise than for any application specified on a quote or order form; or
IV) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
V) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered, or overhauled without the Seller’s consent.
(c) In respect of all claims the Seller shall not be liable to compensate the Customer for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Customer’s claim.
7.3 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by, nor responsible for any term, condition, representation or warranty given by the manufacturer of the Goods.
8. Intellectual Property
8.1 All intellectual property, in the Goods shall remain vested in the Seller.
9.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Customer any sums paid in respect of the Price for those Goods. The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.
9.2 At the Seller’s sole discretion the Customer may cancel delivery of Goods and/or Services. In the event that the Customer cancels delivery of Goods and/or Services the Customer shall be liable for any costs incurred by the Seller up to the time of cancellation.
10. Customer’s Disclaimer
10.1 The Customer hereby disclaims any right to rescind, or cancel the contract or to sue for damage or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Customer acknowledges that he buys the Goods relying solely upon his own skill and judgement.
11. Contractual Remedies Act 1979
11.1 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) of the Contractual Remedies Act which states that nothing in the Contractual Remedies Act shall affect the Sale of Goods Act 1908, were omitted from the Contractual Remedies Act 1979.
12. Consumer Guarantees Act 1993
12.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded).
13.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
13.2 All Goods and Services supplied by the Seller are supplied subject to the laws of New Zealand and the Seller takes no responsibility for changes in the law that affect the Goods or Services supplied.
13.3 The Seller shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Seller of these terms and conditions.
13.4 In the event of any breach of this contract by the Seller the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.
13.5 Neither party shall be liable for any default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of either party.
13.6 The Customer shall not set off against the Price amounts due from the Seller.
13.7 The Seller may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
13.8 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Customer of such change.