Terms & Conditions
Teutonia will use all reasonable effort to provide reliable and high quality products and services.
- Supply of Goods/Services
- Receipt of an order from the buyer will be deemed to be acceptance by the buyer of the terms.
- Goods are offered subject to availability.
- Price
- The price shall be either;
- as indicated on invoices provided by the seller to the buyer in respect of goods supplied;
- or the seller‘s quoted price which shall be binding upon the seller provided that the buyer shall accept seller’s quotation in writing within thirty (30) days.
- The seller reserves the right to change the price in the event of a variation to the seller’s quotation.
- The price shall be either;
- Payment Terms and Conditions
Unless otherwise agreed in writing, the terms of payment are.- Payment in full is due no later than 20th day of the month following date of invoice (payment will be made by direct credit, by cash or by cheque).
- Where the purchase price is not paid in full on the due date, Teutonia reserves the right to charge interest on the outstanding balance.
- Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
- If the terms of payment are not strictly adhered to, Teutonia reserves the right to:
- suspend delivery of further goods;
- request payment before supplying further goods/services.
- At the seller’s sole direction the costs of delivery are:
- included in the price, or
- in addition to the price.
- The buyer shall pay Teutonia all Goods and Services Tax on the goods/services supplied.
- The buyer shall be liable for all expenses incurred by Teutonia in collecting or attempting to collect any money owed by the buyer.
- Personal Property Securities Act 1999 (PPSA)
Without limiting the provisions of these Terms and Conditions of Sale, the buyer and Teutonia acknowledge and agree that pursuant to the PPSA;- These Terms and Conditions of Sale:-
- constitute a security agreement in the goods in favour of Teutonia, and
- confirm that the goods constitute the collateral until payment in full has been made to Teutonia for the goods and the security interest has been released by Teutonia: and
- hereby create in favour of Teutonia, a security interest in all present and after acquired property being goods supplied by Teutonia to the buyer; and
- confirm that the security interest attaches to the collateral when the goods are delivered or received by the buyer and Teutonia may forthwith register a financing statement in respect to the security interest.
- These Terms and Conditions of Sale:-
- Guarantee
In consideration of Teutonia having entered into this agreement with the buyer at the guarantor’s request (as is hereby acknowledged by the guarantor) the guarantor unconditionally and irrevocably guarantees to Teutonia the payment of all moneys payable by the buyer under this agreement together with the full and punctual observance of all the conditions which are here set out. The guarantor's liability to Teutonia shall be that of a principal debtor and shall not be affected by any indulgence, grant of time, waiver, or any other act or things on the buyer’s part which may affect the guarantor’s liability as surety only. This guarantee continues despite the assigning its interest in this agreement.
- Risk
- The seller retains ownership of the goods nonetheless, all risk for the goods passes to the buyer on delivery.
- If any of the goods are damaged or destroyed following delivery but prior to ownership passing to the buyer, the seller is entitled to receive all insurance proceeds payable for the goods. The production of these terms and conditions by the Seller is sufficient evidence of the seller’s rights to receive the insurance proceeds without the need of any person dealing with the seller to make further inquiries
- Ownership of Goods
- Ownership of any goods supplied by Teutonia to the buyer shall not pass until the buyer has discharged all outstanding indebtedness to Teutonia.
- Until payment in full of such indebtedness is made, the buyer acknowledges and agrees that:
- The goods supplied are held by the buyer as bailee, to be sold by it as agent for an on behalf of Teutonia.
- The buyer shall store the goods supplied in such a way that it is clear that they are property of Teutonia.
- The buyer gives Teutonia leave and license to enter into the premises of the buyer and remove any of the goods supplied by Teutonia.
- If the goods have been sold or otherwise disposed of by the buyer, then the proceed of such resale shall be the property of Teutonia and the buyer shall be accountable to Teutonia for such proceeds until the purchase price has been paid in full.
- Warranty
For goods not manufactured by the seller, the warranty shall be the current warranty provided by the manufacturer of goods. The seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the goods. - Defects
The buyer shall inspect the goods on delivery and shall within twenty-four (24) hours of delivery (time being of the essence) notify the seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The buyer shall afford the seller an opportunity to inspect the goods within a reasonable time following delivery if the buyer believes the goods are defective in any way. If the buyer shall fail to comply with these provisions the goods shall be presumed to be free from any defect or damage. For defective goods, which the seller has agreed in writing that the buyer is entitled to reject, the seller’s liability is limited to either (at the seller’s discretion) replacing the goods or repairing the goods. - Return of Goods
Returns will only be accepted provided that:- The buyer has complied with the provisions of clause 9; and
- the seller has agreed in writing to accept the return of the goods; and
- the goods are returned within seven (7)days of the delivery date, and
- the seller will not be liable for goods which have not been stored or used in a proper manner; and
- the goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
- Consignment
If Teutonia supplies goods on consignment (“Consignment Stock’) then- the customer (buyer) must bear all risk of damage and/or loss to the consignment goods and must effect and maintain insurance against loss, theft and fire of the consignment goods in an amount adequate to cover the value of the consignment goods and
- if the consignment goods are lost or damaged while in the customers (buyers) care, the customer (buyer) undertakes to reimburse Teutonia within 30 days of date of repair or replacement.
- The customer (buyer) must keep the consignment goods free from adverse claims of all kinds which might otherwise diminish or adversely affect Teutonia’s exercise of its full rights of ownership of the consignment goods.
- General
- If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
- The seller shall be under no liability whatever to the buyer for any indirect loss and/or expense (including loss of profit) suffered by the buyer arising out of a breach by the seller of these terms and conditions.
- In the event of any breach of this contract by the seller the remedies of the buyer shall be limited to damages which under no circumstances shall exceed the price of the goods.
- The buyer shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the buyer by the seller.
- The seller reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the seller notifies the buyer of such change.
- The failure by the seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the seller’s right to subsequently enforce that provision.
The Consumer Guarantee Act will not apply for any goods purchased by a buyer for purposes of a business.
