TERMS AND CONDITIONS OF SALE
One Three Five Limited (We) agrees to supply and you agree to buy the goods stated on our invoice on these terms, unless we agree in writing to different terms.
1. The price of goods:
(i) is the price listed on our invoice
(ii) includes GST
(iii) does not include local delivery/freight or installation, if required. These will be payable by you in addition to the price.
2. You agree to pay
(i) 100% when you order the goods
(ii) For Account Customers: The balance of the price and any charges as described in 1(iii) above, on the 20th of the month following date of invoice.
Delivery and Installation
3. 135 Limited will use its reasonable endeavours to deliver the goods to you on the delivery date stated on the invoice. However:
(i) It will be entitled to deliver the goods at a later date without being liable to you in any way if the delay in delivery is due to circumstances beyond our control.
(ii) If the goods are unavailable to us, we may cancel this order without incurring any liability. If we do so, we will refund any deposit you paid in full.
4. The goods are at your risk as soon as you have collected them, or if we are arranging delivery, as soon as they have been delivered to you and been signed for.
5. It is imperative that you check the product for any damage prior to signing for the goods. No liability for damage on goods caused by cartage will be accepted by 135 Limited unless those goods are returned, unopened and unsigned for, and you notify 135 Limited of the damage within 7 working days.
6. 135 Limited will not be liable for any damage to Goods, or malfunction that results from poor assembly, if the goods have not been installed by the Company, or by any other person, in accordance with the manufacturers instructions. You must use care to ensure that installation and assembly is as per instructions.
Ownership of Goods
7. 135 Limited remains the owner of the goods until you have paid us the price and all charges owing for the goods. While we own the goods, if you hold them:
(i) You must not sell or dispose of the goods. If you do sell or dispose of the goods you will keep enough of the sale proceeds to pay us for the goods in a separate bank account in trust for us and pay the balance owing straight away.
(ii) You licence us to enter any of your premises using normal business hours to repossess the goods. We may repossess the goods even if they are fixed to the premises. You cannot revoke this license.
(iii) If we repossess the goods we may sell them and apply the proceeds towards the amount you owe us, including all costs we incur in repossessing the goods.
(iv) The fact that we own the goods will not affect our right to sue for the price and charges you did not pay us on time. We have no obligation to accept goods which you return to us instead of paying for them.
(v) We have no obligation to limit any loss we might suffer if you do not pay us on time. To give effect to these rights you grant to us a security interest in the goods and the proceeds thereof as security for the balance of the price and charges owing to us in respect of the goods and you waive your right to receive a verification copy of the registration of any financing statement and agree that nothing in sections 114(1)(a), 133 and 134 of the Personal Property and Security Act (PPSA) shall apply to this Contract, or the security under this Contract, and you waive your rights under sections 120(2), 121, 125, 129, 131 and 132 of the PPSA.
8. You acknowledge that we may spend some or all of the deposit on importation of the goods and associated costs. You may only cancel the order with our agreement. If we do agree, we are entitled to deduct all costs as we have incurred from the deposit. Any credit available after such deductions shall be paid to you.
9. Any quotes are valid for 30 days.
10. Materials and Finishes. Colours of product may vary from the sample pieces.
11. If the goods are being supplied for commercial use, we agree that the Consumer Guarantees Act 1993 shall not apply. Subject to that Act, we warrant that the Goods will meet all warranties expressly provided in writing by us to you in respect of the goods. If any goods fail to meet any such warranty, our liability for such failure shall be limited, at our discretion to either:
(i) refunding the purchase price for the goods to you; or
(ii) repairing or replacing those goods.
12. No responsibility will be accepted for any defective Goods, or any undersupply of Goods, unless we receive reasonable notice of that defect or under supply within 7 days of delivery.
13. 135’s credit policy is that credits are to be taken with the ability to purchase alternative products distributed by 135 to the same value.
14. These conditions shall be interpreted under New Zealand laws. We both agree to submit to the non‐exclusive jurisdiction of the New Zealand courts.