- Price and Variations
The Prices and terms specified are based on the latest information available to the vendor as to the rates of exchange, manufacturers’, or suppliers’ prices or charges, freight, forwarding and handling charges, insurance, customs duty, wages, cost of materials, transport and other expenses.
- The purchaser shall be entitled to the benefit of any reductions in exchange costs. Reductions in other costs may be credited to the purchaser at the vendor’s discretion.
- A certificate signed by the secretary of the vendor company certifying as to the quantum of any such increase shall be deemed, in the absence of proof to the contrary, to be sufficient evidence of any such increase for the purpose of any proceedings in respect of any contract of sale.
No order shall be cancelled without the consent of the vendor, and in such cases the purchaser shall be liable to refund to the vendor all costs and expenses incurred by the vendor, the vendor’s overseas principals, and overseas suppliers, in fulfilling the order up to such date of cancellation.
Any times for delivery quoted by the vendor shall be deemed to be estimates only and no claim shall lie against the vendor for failure to deliver within such time where any delays have been due to causes beyond the control of the vendor or otherwise.
The vendor will repair or replace free of charge any goods or parts supplied by him in New Zealand and shown to be defective by reason of faulty material or workmanship provided that (a) such defect becomes apparent within twelve months from the date of delivery of the goods (b) the goods have been used in accordance with the vendor’s operating procedures and directions, and, where the sale is the subject of a quotation, in the manner specified in the original Quotation Form.
- The foregoing warranty is limited to the replacement or repair of the defective goods or parts thereof, and is in lieu of any other warranty or condition either expressed or implied by law unless in writing and signed by the vendor.
- No claim will lie against the vendor under this clause unless written notice of an alleged defect is given to the vendor within 14 days of such defect becoming apparent.
- The vendor shall not be liable for any indirect or consequential damage or loss including loss of production sustained by the purchaser or any other person in respect of or arising out of any defect or malfunction in the goods supplied or manufactured, whether or not such defect or malfunction is attributable to the negligence of the vendor, and whether or not such indirect or consequential loss was or ought to have been foreseeable by the vendor.
- The vendor gives no warranty and is subject to no liability of any kind in respect of any item it does not supply. However, in any case where the vendor is able to make a successful claim under a warranty given by the manufacturer, it will pass the benefit of that claim onto the purchaser.
- Damage and Insurance
The purchaser will bear the risk of all loss or damage to goods after delivery of the same no matter how caused and shall arrange any insurance required against such loss or damage subject to the provisions of Clause 7.1 hereof.
In the event of a sale of goods requiring the importation into New Zealand of any goods, the contract for sale is conditional upon the grant of the necessary export or import licenses or permits to remit money overseas.
- The purchaser shall be responsible for obtaining any permit, consent or approval required in respect of the installation or use of the goods from any Government Department, local authority or other person or body having jurisdiction in the matter.
- Repossession for Non-Payment
Notwithstanding that delivery of the goods is made to the purchaser the property in the goods shall not pass until the purchaser has made payment in full.
- Until such time the purchaser shall keep the goods insured to their full insurable value against loss or damage in the name of the vendor as unpaid vendor.
- Upon default in payment of the purchase price on or before the 20th of the month following delivery or the date specified in the quotation (whichever shall be the later) the vendor shall be entitled to take possession of and re-sell the goods, such remedy to be without prejudice to any other remedy available to an unpaid vendor at law or equity.
- The vendor shall be entitled to recover interest at current N.Z Bank Rates on all outstanding purchase money’s.
No goods will be accepted for credit without prior acceptance by Filtration Technology Limited.
- No goods will be credited until other related dispatch charges have been paid.
- Goods returned must show the original invoice number and date.
- A re-stocking fee of up to 10% for returned goods will be made to cover inspection, repacking, storage, financial and clerical costs.
- The goods returned must be in “as new” condition.
Referral to arbitration in accordance with the provisions of the Arbitration Act 1908 and any amendments thereof of any dispute or difference arising out of the construction or interpretation of any clause therein or the respective rights or obligations of either party to the contract of sale and any claim arising out of the contract shall be at the sole discretion of the vendor.
The contract of sale shall be construed according to, and governed by the law of New Zealand.
- Payment Terms
Payment terms strictly 20th of the month following invoice.
FILTEC Standard Terms and Conditions of Trade
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