These conditions shall apply to all goods sold by InterMed Medical Limited ("the Company") to the purchaser of such goods ("the Purchaser") unless varied in writing and signed by a duly authorised representative of the Company.
Every order received by the Company shall constitute an offer subject to acceptance by the Company. No order accepted by the Company shall be modified or cancelled except with the written consent of the Company.
a. The price shall be as shown on the Company's Invoice, Packing Note and Despatch Note or other like document.
b. All prices are quoted in New Zealand Dollars by the Company subject to any variation which may occur between the dates of quotation and delivery or deliveries of goods in international monetary exchange rates, customs duties, purchase tax, freight railage or insurance rates or suppliers' selling prices.
c. Where prices are quoted as excluding Goods and Services Tax (GST), GST will be added to the price of the goods and recoverable from the Purchaser.
d. Unless otherwise agreed by the Company in writing prior to sale all freight and despatch charges shall be borne by the Purchaser.
e. Unless otherwise agreed by the Company in writing prior to sale the Purchaser shall make full payment of the price of the goods to the Company before the goods will be dispatched to the purchaser. Where, at the Company’s discretion, goods are despatched to the Purchase prior to receipt of full payment, payment will be due on or before the 20th day of the month following the date of the invoice provided to the Purchaser.
f. If the Purchaser shall default in making any payment to the Company on the due date then the Purchaser shall pay to the Company interest on the amount overdue. Interest shall be calculated and payable on a monthly basis for every month or part month during which any amount remains unpaid at the rate which shall be 5% above the rate charged to the Company by the Company's bankers on current overdraft facilities on the first day of the month concerned. The Certificate of the Company's bankers as to such rate shall be conclusive for all purposes.
g. The Company shall apply all payments made to the Company by the Purchaser firstly towards any interest which shall become payable by the Purchaser to the Company and secondly towards any overdue amount owing by the Purchaser to the Company and thirdly towards any current amount owing by the Purchaser to the Company.
a. Any goods quoted by the Company as ex-stock are so quoted subject to any prior sale by the Company.
b. The Company shall use its best endeavours to fulfil accepted orders but shall be entitled to cancel any order or orders relating to any item or items if in the opinion of the Company it shall be or have become impractical or uneconomic to produce or supply the same.
c. The Company shall use its best endeavours to make delivery at the time specified in any accepted order but unless otherwise agreed by the Company in writing prior to sale will not be responsible for any loss or damage sustained by the Purchasers or any other person by reason of any delay in delivery or any failure to fulfil an order or make delivery howsoever caused.
d. Due to supplier export restrictions, we are unable to deliver products to addresses outside New Zealand.
e. Products will be delivered to the address provided in the account unless otherwise indicated by user. The Company will not ship products to a PO Box or an address outside New Zealand.
a. If the Company or the manufacturer undertakes to install any goods the Purchaser shall at the Purchaser's cost provide all service utilities and/or special handling equipment which may be required. For the purposes of this clause:
- The term "service utilities" shall include (without limiting the generality thereof) electric power outlets, water outlets, drains and compressed air lines; and
- The term "special handling equipment" shall include (without limiting the generality thereof) any heavy lifting gear for movement of equipment to and/or at the installation site.
b. If the Company shall be required to provide any such required service utilities and/or special handling equipment the costs thereof shall be recoverable from the Purchaser in addition to any other monies recoverable by the Company from the Purchaser.
c. Installation will be made at the time of delivery or as soon as practicable thereafter.
d. The goods shall be at the Purchaser's risk from the time of despatch by the Company to the Purchaser notwithstanding that the Company may have any responsibility to install the same.
e. Unless otherwise agreed in writing by the Company the Company's responsibility to install any goods as such shall cease if the Purchaser defers the installation.
a. The Company warrants that all goods sold are free from defects in materials and workmanship at the time of despatch by the Company.
b. The Company shall have no responsibility for any damage that may be caused or may arise from or out of the handling or usage of any goods after the same shall have been despatched by the Company. In particular but without limiting the generality thereof the Company shall have no responsibility for breakage or failure of any electronic tubes or components, illumination sources, items wholly or partly of glass, silica or ceramic materials, thermocouples, batteries or electrical elements.
c. The Company shall have no responsibility for any damage resulting from misuse or abuse of goods or from negligence or malpractice unless of the Company or its servants.
d. Subject only to the provisions of this clause 6 and the warranty contained in sub-clause (a) hereof and so far as may be permitted by law:
- All representations or terms not expressly set out in sub-clause (a) hereof are hereby expressly excluded.
- The Company shall be under no liability whatsoever to the Purchaser in respect of any representations or terms not expressly set out herein or otherwise set out in writing and signed by a duly authorised representative of the Company.
- If the Purchaser shall notwithstanding the provisions of this clause have any claim for damages against the Company at law (it being the intention hereof that no such damages may be recovered) the same shall not include damages for indirect or consequential loss of any kind and shall in any event be limited to the purchase price of the goods or the actual loss or damages suffered whichever shall be the lesser.
e. The Consumer Guarantees Act 1993 ("CGA"), the Fair Trading Act 1986 ("FTA") and other statutes may impose warranties, conditions or obligations upon the Company which cannot by law (or which can only to a limited extent by law ) be excluded. Other than as expressly provided for in these terms, to the extent permitted by law, the Company excludes all such imposed warranties, conditions or obligations and excludes any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
f. Specifically, where the customer acquires goods from the Company for the purposes of a business:
- The parties acknowledge and agree that: (i) the customer is acquiring the goods under these terms for the purposes of a business in terms of sections 2 and 43(2) of the CGA; and (ii) the goods are both supplied and acquired in trade for the purposes of the FTA and the parties agree to contract out of sections 9 (misleading and deceptive conduct generally), 12A (unsubstantiated representations) and 13 (false and misleading representations); and
- The customer agrees that all warranties, conditions and other terms implied by the CGA or sections 9, 12A and 13 of the FTA or any other statute or common law are excluded from these terms to the fullest extent permitted by law.
7. RISK AND TITLE
a. Unless otherwise agreed in writing and signed by a duly authorised representative of the Company all risk in and of and for the goods shall pass to the Purchaser immediately upon despatch of the goods by the Company to the Purchaser.
b. Unless otherwise agreed in writing and signed by a duly authorised representative of the Company ownership in the goods shall not pass to the Purchaser until the Purchaser has discharged all outstanding indebtedness to the Company whatsoever.
c. Until payment in full of such indebtedness has been made the Purchaser acknowledges and agrees that:
- All goods supplied by the Company to the Purchaser are to be held by the Purchaser as bailee and trustee for the Company and if to be sold by the Purchaser to be so sold as agent for and on behalf of the Company subject to a duty to pay to the Company for all the proceeds of any such sale;
- The Purchaser shall if directed by the Company store the goods supplied in such a way that it is clear that they are the property of the Company;
- The Purchaser hereby irrevocably authorises and licences the Company and its agents and servants without the necessity of giving any notice to enter on and into and upon any premises occupied by the Purchaser to search for and remove any of the goods in which the Company has ownership as aforesaid without in any way being liable to the Purchaser or any person or company claiming through the Purchaser. If the goods or any of them are wholly or partially affixed to or incorporated in any other goods the Company may where practical disconnect or sever in any way whatsoever as may be necessary to remove the goods.
- If the Purchaser shall have resold any goods prior to payment in full of the outstanding indebtedness of the Purchaser to the Company then the proceeds of such resale shall be the property of the Company (but only to the extent necessary to discharge such outstanding indebtedness).
- This clause is intended to protect the Company in the event of default in payment by the Purchaser or the insolvency of the Purchaser.
8. GOODS RETURN
a. Goods delivered to the Purchaser as a consequence of any misinterpretation of the Purchaser's order may be returned for full replacement provided the same are in good condition and the error is reported to the Company within 7 days of receipt of the goods.
b. Goods delivered to the Purchaser as a consequence of error in the Purchaser's order may be returned provided the error is reported to the Company within 7 days of receipt of the goods and further provided the goods are in good condition and are of the Company's standard stock classification in all respects as determined by the Company's authorised representative. The Company shall be entitled to charge a restocking fee of 15% of the price of the goods. Return freight is the responsibility of the Purchaser.
c. The Purchaser shall not return any consignment of goods for complaint without first submitting to the Company a sample thereof and extending to the Company a reasonable opportunity to evaluate such complaint.
d. The Company shall not be obliged to accept return of any goods unless:
- Within 7 days of the receipt of goods by the Purchaser the Company receives at its Auckland office a written request detailing the goods which the Purchaser seeks to return to the Company and the reason why the Purchaser seeks to return those goods and detailing the Company's Invoice/Packing Slip number relating to the goods in question; and
- The Company approves the request in writing; and
- A copy of the Company's written approval is attached to the goods when returned.
e. Under no circumstances shall the Company be responsible for the cost of any cartage that has not been expressly authorised in writing by the Company.