| Terms
of Trade
Website Terms of Trade for Dino Enterprises limited
- All Goods and services which are displayed on this website
and which are sold by Dino Enterprises (NZ) Limited (also
referring to Dino Enterprises as "we", "our"
or "us") to you are subject to these Terms of
Trade ("Terms"). We may amend these Terms from
time to time and if you continue to order or receive Goods
and services from us after these terms have been amended,
you will be deemed to have agreed to the amended Terms.
"Goods" means all products, parts and related
accessories, , goods or services of any kind which are
supplied by us to you under these Terms.
- Price and Orders
2. 1 Each order made must be accompanied by a purchase
order number. Delivery of Goods pursuant to an order containing
conditions of purchase inconsistent with these Terms will
be deemed to be a counter offer and acceptance of such
Goods by you will constitute acceptance of these Terms
in place of any conditions of contract contained in your
order.
2.2 Orders for Goods or services may not be cancelled
without our prior approval in writing.
2.3 All prices quoted are exclusive of GST and freight/delivery
charges, unless otherwise stated.
2.4 The price of the Goods and any services we provide
may be altered by us without notice but we may from time
to time notify you of any alteration to the price of the
Goods or services in writing. Unless otherwise agreed
by us, the price payable for Goods and services is the
price stated on the invoice for the Goods and/or services.
2.5 Where we deliver Goods or services in instalments,
each delivery instalment will be invoiced separately without
reference to any other instalments.
2.6 Notwithstanding any other provision contained in these
Terms, if you order Goods or services using the order
process.
- All details (including without limit price and availability)
relating to the Goods and services ordered as displayed
on the website are subject to confirmation by us, once
we have received your order confirmation. We will notify
you as soon as possible by telephone or email if we accept
your order or if any of the details on the order need
to be amended.
- Any order confirmation which you provide to us will
be effective once we have confirmed our acceptance of
your order confirmation or, if we notify you of any amendments,
once you have indicated your acceptance of the amended
terms as notified to you by us under this clause 2.6.
- We will not be liable for any damage, loss or expenses
of any kind (whether direct or indirect) suffered or incurred
by you in connection with your reliance on any order which
has not been confirmed by us in accordance with this clause
2.6.
. Payment
- 3.1 You must pay for the Goods and any services on or
before the 20th day of the month following the date of
delivery to you, or immediately upon the commencement
of any action or proceeding by a third party involving
your solvency, whichever is the first to occur ("Due
Date").
3.2 You must pay for the Goods and any services in full
without deduction or set-off and pay goods and services
tax (pursuant to the Goods and Services Tax Act 1985)
and any other government duties, levies or taxes in respect
of the Goods and/or services.
3.3 If you fail to pay for any Goods and/or services by
the Due Date or otherwise fail to comply with any of these
Terms, we may:
- revoke any credit accommodation and require all further
sales to be on a cash-before-delivery basis;
- require that all amounts owing to us are immediately
due and payable without deduction;
- rescind all discounted quotations or rates and recalculate
outstanding charges;
- require you to pay interest on the overdue amount at
a rate per annum equivalent to our then current bank overdraft
rate plus five percent, calculated on a daily basis from
the Due Date until the date payment is made in full; and
- suspend further deliveries of Goods and services to
you until you have paid the overdue amount in full together
with any interest payable thereon.
3.4 We may at any time set-off amounts owed by us to you
against amounts owed by you to us.
3.5 We may at any time, refuse to extend further credit
to you and our approval of your application for credit
does not oblige us to extend to you any particular amount
of credit.
- 4. Delivery and Risk
4.1 We will use reasonable endeavours to deliver Goods
ordered within a reasonable time and subject always to
the same being in stock. We will not be liable for any
loss or damage for failure or delay in delivery (including
consequential loss or liability for any amount payable
by you to a third party).
4.2 Unless otherwise agreed in writing, you will be responsible
for all costs of delivery. Where we deliver the Goods
to premises nominated by you and you fail to provide access
to those premises at the time of delivery, we may charge
you for all costs and expenses of storage and redelivery
of the Goods.
4.3 From the time that the Goods are loaded for delivery
to you, or collected by you or your agent, you will bear
the risk of loss of or damage to the Goods and will insure
the Goods against such risk.
4.4 All claims for shortage or discrepancy between Goods
ordered and Goods delivered must be notified to us within
72 hours of the date of delivery. Where Goods appear to
be damaged on delivery you must contact us immediately.
- Property
5.1 The Goods will remain our property until you have
paid all amounts payable by you to us.
- Recovery of Goods
6 .1 If you fail to make payment in full by the Due Date,
fail to comply with any of these Terms, commit an act
of bankruptcy, or compound or enter into an arrangement
with all or any number of your creditors, or being a company
have a receiver appointed, or go into liquidation whether
voluntarily or otherwise, or die, or if goods are "at
risk" within the meaning of the PPSA, we will be
entitled to repossess and sell Goods ordered by you and,
where reasonably necessary for such purpose, may enter
any premises where such Goods may reasonably be expected
to be held.
- Costs
7 .1 You will pay on demand all costs and expenses incurred
by us in connection with the enforcement or attempted
enforcement of these Terms, including, without limitation,
losses, costs and expenses sustained as a result of a
default by you in the performance of any of your obligations
under these Terms.
- Warranty
8 .1 Subject to clause 9.2, and to the extent permitted
by law, Goods supplied are subject to warranties and guarantees
by the manufacturer only. We will pass on the benefit
of these to you, without being directly liable to you
for any defects in the Goods.
8 .2 We warrant that any services we provide to you will
be performed in a good trades man like manner. You will
have no claim with regard to Goods which have been altered
or in any way utilised by you. We will not in any circumstances
be liable for any loss or damage caused by wilful or accidental
damage, negligent or improper use, maintenance or storage,
or other circumstances beyond our control.
- Returns
9 .1 No returns of Goods will be permitted unless the
Goods are found to our satisfaction to be faulty or as
otherwise agreed by us. No returns of Goods will be accepted
unless:
- the relevant invoice number and date of purchase is
quoted and a returned material authorisation number from
our service department has been obtained;
- Goods are returned in their original condition; and
- all freight and handling charges for the return of the
Goods have been paid by you.
9 .2 Where we agree to accept the return of any Goods
(other than Goods found to our satisfaction to be faulty)
we may charge you a re-stocking fee.
- Consumer Guarantees Act 1993
10.1 The guarantees implied by the Consumer Guarantees
Act 1993 will not apply to any Goods or services provided
pursuant to these Terms where you acquire those Goods
or services, or hold yourself out as acquiring those Goods
or services, for the purposes of a business.
10.2 Where you on-sell the Goods to another party for
business purposes, you will contract out of the guarantees
implied by the Consumer Guarantees Act 1993 with that
party in writing.
- Intellectual Property and Confidentiality
11.1 You will not disclose any Confidential Information
received by you from us to any third party. "Confidential
Information" means all non-public information about
the Goods, including without limitation, any information
pertaining to any hardware, software, specifications,
technical information, documentation, drawings, manuals,
research and development, planned modifications and enhancements
and trade secrets.
11.2 All trademarks, trade names, copyrights, patents
and other intellectual property rights used in connection
with or embodied in the Goods (including without limitation
their design and specifications, their hardware and software
and all documentation and manuals relating to the Goods)
("Intellectual Property Rights") will be and
remain the sole property of us or the supplier of the
Goods to us or such other party as we may identify. You
will give us prompt notice of:
- any claim that is made against you or any of your customers
challenging our Intellectual Property Rights and/or
- any action by any third party which infringes or is
likely to infringe our Intellectual Property Rights;
and we will have the right to defend any such claim or
action and make settlement of the same at our sole discretion.
You will give such assistance as we may reasonably require
to settle or oppose any such claim or action and to protect
our Intellectual Property Rights within New Zealand.
11.3 If your account is terminated, you must immediately
discontinue use of any of our Intellectual Property Rights
in any sign, or advertising and thereafter you will not
use those Intellectual Property Rights directly or in
connection with your business.
11.4 This clause 11 will survive the termination of your
account with us.
- Miscellaneous
12.1 We may require you, or if you are a company, your
directors, to give a guarantee and indemnity in the form
attached.
12.2 Where you comprise of more than one party, then each
reference in these Terms to you will be a reference to
each such party jointly and severally and your obligations
under these Terms will bind each such party jointly and
severally.
12.3 You will immediately notify us of any change in your
name, ownership or address. Notwithstanding any such change
you will remain liable for all amounts owing to us under
these Terms until you have received written confirmation
from us that your account has been closed, full payment
of money owing has been received and a new account has
been opened in the name of the new entity.
12.4 You will indemnify us for all liabilities, claims,
losses, expenses, damages or costs resulting from any
claim or action by a third party in relation to the Goods
or any services we provide.
12.5 If requested by us, you will take out and maintain
public liability insurance with an insurer, and on terms,
approved by us.
12.6 Failure by us to insist upon compliance with any
provisions of these Terms does not constitute a waiver
of that provision and we will be entitled to insist upon
compliance with all provisions of these Terms at any time.
12.7 If any provision or part of a provision of these
Terms is found to be invalid or unenforceable then that
provision or part thereof will be severed and the remaining
provisions will continue to be binding and have full force
and effect on you and us.
12.8 The laws applicable to these Terms are the laws of
New Zealand
Use of this website is governed by our Terms
of Trade and Privacy Policy.
By viewing this website you agree to these terms.
Dino Enterprises (NZ) Limited.
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