Terms of trade
In these conditions unless the context otherwise requires:
• Company means - Graeme Crosby Ltd.
• Buyer means the person, or company buying the goods from the Company.
• Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
• Contract means the contract between the Company and the Buyer for the purchase of the goods.
• Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or ii) Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.
• Contract price means the price of goods as agreed between the Buyer and the Company.
• Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.
• PPSA means the Personal Property Securities Act 1999.
The Buyer may request a quotation from the Company setting out the price and quantity of the goods to be supplied. If the quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable time frame.
If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding. The company accepts international orders with no restrictions on any country providing full address and contact details are made available.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
5.1.The Price shall be as indicated on the webpage by the Company in respect of products and/ or services supplied.
5.2.The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.
5.3. The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.
5.4 The company shall not charge for anything other than the item/s, freight and GST
5.5 The price shown is in New Zealand Dollars
6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
6.1.The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
6.2.Subject to any provision to the contrary in the Contract, payment being (cash, cheque or direct credit) by Graeme Crosby Ltd shall be received on or before the date of the Company’s dispatches along with an invoice to the Buyer.
6.3.Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
6.4.In the event that:
a.any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
b.the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c.a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
d.the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
8. Governing laws
These Terms of Trade will be interpreted in accordance with applicable New Zealand government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade. Including the NZ consumers Gaurantee act which can me viewed at www.consumer.org.nz
9. Dispute resolution
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice. The company will abide by the NZ consumers gaurantee act
10. Reservation of title
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.
The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.
The company shall undertake to deliver your order as promptly as possible and most orders leave our premises within a day of order placement. For New Zealand orders please allow 1-4 working days for delivery (rural delivery can take a day or two longer). For delivery times on overseas orders please refer to NZ Post Parcel delivery estimates on the NZ Post Website- www.nzpost.co.nz
International Air 3-10 Days
International Courier 2-6 Days
International Express Courier 1-5 Days
New Zealand Post will be used as the default shipping company unless another shipper is requested to be used.
The company respects your privacy and will not retain your payment details or pass the buyers information on to any other company or third party. If you have received an email newsletter from The company and do not wish to receive any more please click "unsubscribe" at the very bottom of the email and you will automatically be removed from our database. If you experience any problems please don't hesitate to contact us.
15. Refund Policy
In most cases you can return products you have bought online.
The Consumer Guarantees Act and Fair Trading Act provide the basis for The Companies return policy.
If a product is deemed unsatisfactory, we can offer to exchange it for another one (ie: a different colour or size) or another product for the same value. In any case please contact the company.
Wrong Product Delivered
If you have ordered something online and received the wrong product, we apologise and you are more than welcome to an exchange or refund. Please contact us on +64-9-4229936 or E-Mail email@example.com
Under the Consumer Guarantees Act you are entitled to have your product repaired, replaced or refunded.
All products supplied by The Company are mass produced products, there will always be the probability that a tiny percentage may exhibit a fault, which is why we provide a return policy on all goods.
If you suspect your product has been damaged during delivery please do not throw away the parcel or cover in which the product came as Courier Post will need to inspect it. Please contact us on +64-9-4229936 Mon – Friday 8.30am – 5pm and we will organise the return of the product for inspection and will endeavour to send you a replacement as soon as possible.
If a product is temporarily out of stock it will be placed on backorder and you will be notified, if an item on backorder cannot be sourced within 4 weeks we will refund you for that item.