PHONE
06 876 4758
FREEPHONE 0800 331 372
FAX 06 878 8970
528 Omahu Rd, Hastings. |
|
TERMS
AND CREDIT
Click here
to download a credit application form in PDF format that you can print
and fax or post to us. Alternatively, we accept Visa, Mastercard, Farmacard,
and offer EFTPOS facilities.
Terms of sale are
shown below. Click here to download a copy of
these terms in PDF format that you can view and print.
WHEELS
PLUS LIMITED TERMS AND CONDITIONS OF TRADE
1. GENERAL
A. These Conditions of Sale shall apply to all goods (“The Goods”)
supplied by Wheels Plus Ltd Limited (together with its agents, administrators
and assigns “Wheels Plus Ltd”) to the addressee of this document
(together with its agents, administrators and assigns “ the Customer”)
and shall prevail over any Customer’s terms and conditions of sale.
B. Notwithstanding clause 1A, Wheels Plus Ltd may by written notice to
the Customer alter or replace these Conditions of Sale. All orders placed
subsequently by the Customer shall be upon the altered or replaced Conditions
of Sale.
2. PRICE AND TERMS OF PAYMENT
A. Payment shall be made without deduction or set-off on purchase (time
being of the essence) unless the Customer has a trading account with Wheels
Plus Ltd. If a trading account is held by the Customer, then payment shall
be made without deduction or set-off no later than the 2Oth of the month
following the date of purchase.
B. In addition to the price stated, the Customer shall pay GST, any other
taxes or duties, insurance, freight and handling charges in relation to
the sale and delivery of the Goods all of which shall be added to the
price and payable by the Customer.
C. In the case of Goods specially imported or brought in or procured on
behalf of the Customer the price noted on the order is based on the cost
of the Goods to Wheels Plus Ltd at the date of the order and any subsequent
increase in the cost to Wheels Plus Ltd of supplying the Goods shall be
paid by the Customer in addition to the price and the increased price
shall become the price for all purposes relating to the sale.
D. Wheels Plus Ltd reserves the right to charge interest on the overdue
amounts at the annual rate of interest that Wheels Plus Ltd would normally
be charged by Wheels Plus Ltd trading bank plus 1.5% per annum on any
part of the purchase price unpaid after the 2Oth day of the month following
the date of purchase.
E. Wheels Plus Ltd prices shown are exclusive of Goods and Services Tax
and are subject to change without prior notice. The onus is on the Customer
to confirm prices prior to delivery.
F. If the Goods are exported the price and other monies due by the Customer
shall be paid in New Zealand currency.
G. The right to restrict or withhold the sale of further goods on credit
is reserved where Wheels Plus Ltd has reason to doubt the Customer’s
ability to pay for such purchases.
H. In any case where Wheels Plus Ltd has Incurred any expenses, costs,
disbursements or other sums reasonably incurred in the recovery of any
outstanding amounts due to Wheels Plus Ltd, including debt collection
agency fees and legal costs as between Solicitor and own client, then
in every such case and for every cost or expense the Customer shall upon
demand refund the same to Wheels Plus Ltd. Such amounts shall carry interest
at the rate specified in clause 2 D if unpaid within one week of demand
having been made.
3. RETURN OF GOODS FOR CREDIT
A. Wheels Plus Ltd cannot accept return of any Goods unless its’
written permission has been first obtained, in which case same will be
credited subject to the following:
i. All Goods returned must, on its arrival at Wheels Plus Ltd’s
premises, be found to be in first class condition and suitable for resale
and in original packaging. If Goods are not found in such condition then
the cost of putting the Goods in such condition will be deducted from
credit memoranda.
ii. A handling charge deduction of twenty percent (20%) will be made from
all credit memoranda issued for material returned; and
iii Transportation charges, if not prepaid, will be deducted from credit
memoranda.
iv. Proof of purchase, either invoice or packing slip number must be provided.
B. Goods specially imported or brought in or procured on behalf of the
Customer cannot be returned except with prior written approval from Wheels
Plus Ltd and then only on such terms and conditions as Wheels Plus Ltd
may agree
4. FORCE MAJEURE
A. Wheels Plus Ltd shall not be liable for delay in complying with its
responsibilities under this contract caused in whole or in part by force
majeure which for the purpose of this contract shall include (but not
be limited to) acts of God, natural disasters, strike, lock out, fire,
war, civil commotion, Court order, inability to obtain materials or goods
including export or import bans or any other cause beyond the control
of Wheels Plus Ltd.
5. CREDIT
A. Wheels Plus Ltd reserves the right to withdraw or refuse credit for
any reason at any time.
6. WARRANTIES AND LIABILITIES
A. Wheels Plus Ltd makes no representations and gives no assurance, condition
or warranty of any kind to the Customer (including any assurance, condition
or warranty implied by law to the extent that such assurance, condition
or warranty can be excluded) in relation to the Goods and accepts no liability
for any assurance, condition, warranty, representation, statement or term
not expressly set out in these Terms and Conditions of Trade or other
writing given by Wheels Plus Ltd to the Customer. The Customer specifically
acknowledges that it is acquiring the Goods for business purposes and
that the provisions of the Consumer Guarantees Act 1993 are excluded.
B. Wheels Plus Ltd will replace with reasonable dispatch any Goods containing
any manufacturing defect and/or faulty material which under proper and
normal conditions of storage or use are revealed and notified to Wheels
Plus Ltd in writing within 7 days of the date the Goods are dispatched
from the offices of Wheels Plus Ltd. Wheels Plus Ltd’s obligations
under this warranty are limited to replacing any Goods which in Wheels
Plus Ltd’s opinion are defective. Before replacement Wheels Plus
Ltd may require the defective Goods to be returned to Wheels Plus Ltd’s
premises together with proof of purchase. This warranty does not extend
to Goods specially imported or brought in or procured on behalf of the
Customer, sale Goods, specials or obsolete lines or part cartons.
C. The warranty contained in clause 6 B does not cover failure of the
Goods caused by accidental damage, using the Goods contrary to the operating
instructions, misuse by the Customer, neglect by the Customer or normal
wear and tear.
D. The warranty contained in clause 6 B does not extend to work being
done on the Goods once they have left Wheels Plus Ltd premises.
E. Further the warranty contained in clause 6 B does not apply if at any
time parts of the Goods are replaced with a part or parts supplied by
any person not authorized by Wheels Plus Ltd.
F. The benefit of the warranty contained in clause 6 B is personal to
the Customer and is not assignable.
G. Wheels Plus Ltd will not, in any circumstances, be liable for any deficiencies,
damaged or faulty Goods or errors in dispatch.
i. Where the Customer or any person on the Customer’s behalf has
signed for receipt of the Goods in good order, or
ii. Which would have been apparent by inspection on delivery.
In other circumstances Wheels Plus Ltd will not be liable unless written
notice of the deficiency, fault, damage or error is given to Wheels Plus
Ltd within 7 days of the date the Goods are dispatched from the offices
of Wheels Plus Ltd.
H. The Customer’s remedies in respect of any claim against Wheels
Plus Ltd are limited to the remedies set out in clause 6 B. Wheels Plus
Ltd shall not be liable (whether before or after completion of any contract
for the supply of any Goods) for any loss or damage arising from, caused
by or due to any negligence of Wheels Plus Ltd’s representatives,
servants or agents. Wheels Plus Ltd shall not be liable for any special,
incidental, indirect or consequential loss or damage which may result
from or relate to a breach by Wheels Plus Ltd of any of its obligations
or a breach of any of the Customer’s rights.
I. None of Wheels Plus Ltd’s employees, agents or independent contractors
shall in any circumstances be under any liability of any kind to the Customer
for any loss or damage whether arising or resulting directly, indirectly
or consequentially from any act, neglect or default on their part. Every
exemption, limitation, condition and right expressed or implied in these
Terms and Conditions of Trade on the part of Wheels Plus Ltd or in favour
of Wheels Plus Ltd shall extend to protect all of it’s employees,
agents and independent contractors.
7. RISK AND TITLE
A. The Customer carries the full risk in the Goods from the date of their
delivery by Wheels Plus Ltd
B. The Goods shall remain the absolute property of Wheels Plus Ltd as
legal and equitable owner until the Customer has received payment for
the Goods and for any interest, costs, expenses or other sums to which
Wheels Plus Ltd is entitled pursuant to these Terms and Conditions of
Trade (all of which are together called “the amount owed”),
notwithstanding the appropriation of the Goods to this contract or the
delivery of the Goods.
C. Until payment in full of the amount owed and while the Goods are in
the possession or control of the Customer. The Customer shall:
i. Keep the Goods in a good condition and in a secure manner.
ii. Insure the Goods with a reputable insurance company for their full
replacement value.
iii. Keep the Goods separate and readily identifiable and not remove or
obscure any brand name, marking or other means of identification appearing
on the Goods or any packaging.
D. Until Wheels Plus Ltd has received payment of the amount owed, the
Goods are supplied to and shall be dealt with by the Customer only as
a fiduciary agent and/or bailee of Wheels Plus Ltd and it shall be the
duty of the Customer to account to Wheels Plus Ltd for the proceeds of
any sale or disposition of the Goods to a maximum of the amount owed.
The Customer shall ensure that any proceeds are paid into a separate bank
account that does not have a debit balance at the time the proceeds are
deposited to it so that the proceeds are identifiable and traceable. If
the Customer sells or trades the Goods the Goods will be sold at market
value as fixed by this agreement on account of Wheels Plus Ltd.
E. While the Customer shall deal as principal and Wheels Plus Ltd shall
not be liable to any person with whom the Customer deals nevertheless
the Customer shall hold the entire proceeds of sale or other dealing in
respect of the Goods in trust for Wheels Plus Ltd.
F. Until such time as Wheels Plus Ltd has received payment in full of
the amount owed Wheels Plus Ltd may give notice in writing to the Customer
to return Goods or any of them to it. Upon such notice the rights of the
Customer to obtain ownership or any other interest in the Goods shall
cease.
G. The Customer hereby irrevocably authorises Wheels Plus Ltd immediately
upon either default in payment of the amount owed or in breach of any
other terms of this contract, without the necessity of giving notice,
to enter on and into any property or premises owned or occupied by the
Customer to search for and remove all or any of the Goods, and to sell
or otherwise dispose of the Goods removed and credit the sale proceeds
towards the amount owed. If all or any of the goods are wholly or partially
attached to, Intermingled with or incorporated in any other Goods, Wheels
Plus Ltd may in its sole discretion disconnect, retrieve or sever the
Goods, in order to remove them. Wheels Plus Ltd shall not be liable for
any loss or damage caused to or liability incurred by the Customer in
exercising its rights under this clause and the Customer hereby indemnifies
and shall keep indemnified Wheels Plus Ltd for any claims for loss or
damages that may be made against Wheels Plus Ltd as a result of the exercise
by Wheels Plus Ltd of its rights pursuant to this clause.
H. The Customer shall not charge the Goods in any way nor give any interest
in the Goods while they remain the property of Wheels Plus Ltd.
I. The foregoing provisions shall not entitle the Customer to return the
Goods without demand from Wheels Plus Ltd.
J. If at the time of any default by the Customer either in payment of
the amount owed or in observance of any other terms of this contract or
upon the appointment of a Statutory Manager to, or the receivership, liquidation,
or bankruptcy of, or making of a scheme or arrangement by, the Customer:
i. All or any of the Goods have been sold or otherwise disposed of by
the Customer for valuable consideration, or so as to create a debt owed
to the Customer, then the Customer hereby assigns all legal and equitable
title to that consideration and/or debt to Wheels Plus Ltd and authorises
Wheels Plus Ltd to act in all respects as the Customer in obtaining and
realising that consideration and/or debt, and in crediting the sum obtained
towards the amount owed;
ii. All or any of the Goods have been lost, damaged or destroyed in circumstances
that entitle the Customer to claim reimbursement pursuant to any insurance
policy, then the Customer hereby authorises Wheels Plus Ltd to act in
all respects as the Customer in making or pursuing the claim, and hereby
assigns to Wheels Plus Ltd all legal and equitable title to the proceeds
of the claim, which proceeds are to be credited towards the amount owed.
K. If any part of this clause 7 is void or unenforceable against any creditor,
Statutory Manager; receiver or liquidator or Official Assignee in bankruptcy
of the Customer only that part of this clause shall be void or unenforceable,
and it shall be severed from this clause leaving the remaining provisions
in full force and effect
8. REPAIRS
A. All Goods returned for repair or replacement whether returned pursuant
to clause 6 B or not shall be accompanied by a written report detailing
the faults in the Goods. If there is no written report Wheels Plus Ltd
shall test the Goods and a testing fee shall be paid by the Customer.
The invoice number relating to the product must be quoted. The Customer
must obtain an authorisation number from Wheels Plus Ltd to return the
Goods before doing so. The Customer shall pay the costs of any repairs,
even for Goods returned for repair or replacement pursuant to clause 6
B, if they have been returned and in the opinion of Wheels Plus Ltd have
while not in possession of Wheels Plus Ltd been misused or suffered physical
damage.
9. DELIVERY
A. All Goods purchased will be subject to freight charges. Goods will
normally be despatched by overnight courier or parcel freight unless prior
arrangements have been made. Please specify on your order.
B. Wheels Plus Ltd shall use its best endeavours to meet the Customer’s
required delivery date but will not be responsible for any loss or damage
(in either case, of any kind and whether direct, indirect or consequential)
arising from any delay in the delivery of the Goods for any reason beyond
Wheels Plus Ltd’s reasonable control.
C. Any claim by a Customer that Goods were short supplied, missing or
damaged must be made within seven (7) days from the date the Goods are
despatched from the offices of Wheels Plus Ltd otherwise the Customer
acknowledges that Wheels Plus Ltd is not required to accept any claim.
10. PERSONAL PROPERTY SECURIT1ES ACT 1999
A. The Customer acknowledges that these Terms and Conditions of Trade
create a security interest in all present and after acquired Goods and
any proceeds of the sale of the Goods as security for all of the Customer’s
obligations to Wheels Plus Ltd Pursuant to the Personal Property Securities
Act 1999 (“the PPSA”) and that Wheels Plus Ltd may register
a financing statement to perfect its security interest in the goods delivered
or to be delivered to the Customer in accordance with the provisions of
the PPSA.
B. The Customer shall provide all information, execute or arrange for
execution of all documents and do all other things that Wheels Plus Ltd
may require to ensure that Wheels Plus Ltd has a perfected first ranking
security interest in the goods under the PPSA.
C. The Customer waives its rights to receive a verification statement
in respect of any financing statement or financing change statement registered
by or on behalf of Wheels Plus Ltd under the PPSA and agrees that as between
Wheels Plus Ltd and the Customer the Customer will have no rights under
(or by reference to) sections 114(1)(a), 116, 117(1)(c), 119, 120(2),
121, 125, 129, 131, 132, 133 and 134 of the PPSA and where Wheels Plus
Ltd has rights in addition to those in part 9 of the PPSA, those rights
shall continue to apply.
D. The Customer shall immediately upon request by Wheels Plus Ltd, procure
from any person considered by Wheels Plus Ltd to be relevant to its security
position such agreements and waivers as Wheels Plus Ltd may at any time
require.
E. The Customer shall immediately notify Wheels Plus Ltd of any change
in the Customer’s name, address details and any other information
provided to Wheels Plus Ltd to enable Wheels Plus Ltd to register a financing
change statement if required.
Click here
to download a credit application form in PDF format that you can print
and fax or post to us. Alternatively, we accept Visa, Mastercard, Farmacard,
and offer EFTPOS facilities.
Click here
to download a copy of these terms in PDF format that you can view and
print.
return
to top of page
|