1.0 Quotations, Orders and Prices
1.1 Unless otherwise agreed in writing before you place an order, prices for goods or services are those stated in our price list or otherwise in force at the date when you place the order. Prices are subject to alteration without notice.
1.2 Unless we state otherwise in writing quoted prices are the New Zealand dollar price exclusive of GST and are valid only for the time stated on any quotation, or if no time is stated, on the date of quotation only.
1.3 You must pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.
2.0 Payments and Property
2.1 Unless we have agreed in writing to extend credit to you, you must pay for all goods and services in full before delivery or collection, or at our request, set up an irrevocable letter of credit in our favour with a bank approved by our bankers. We may require you to pay a deposit before we deliver (or you collect) our goods and services.
2.2 Where we have agreed in writing to extend credit to you, and unless otherwise advised to you in writing and signed by us, you must pay in full, without deduction or setoff, within 7 days of the date of invoice, unless otherwise agreed in writing.
2.3 If you have not paid in full by the due date, we may charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bankers, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further goods or performance of further services until your account is paid in full.
2.4 Property and ownership in goods, whether in their original form or incorporated in commingled with or attached to another product, will not pass to you but will remain with us until we receive payment in full of the purchase price of the goods and all other amounts that you owe us for any reason.
2.5 Until property passes to you, you shall hold any goods and proceeds of all kinds in trust in a fiduciary capacity for us as bailee.
2.6 You indemnify us against all costs and claims in respect of our exercise of rights under this clause 2.0.
3.1 Where the New Zealand Consumer Guarantees Act 1993 applies to the supply of goods or services under these-terms of trade, you may have additional rights under that Act.
3.2 Where goods are subject to manufacturers' warranties we will pass on the benefit of those warranties to you without being directly liable to you under any warranty. Where you require us to do anything related to a warranty claim, you must pay our service and call-out charges. We may refuse to assist with warranties if any sum that you owe us for any reason is overdue.
3.3 Any warranty may be voided by unreasonable use, damage or misuse of equipment or goods, problems caused by the misuse of software or faulty software, damage after the goods or equipment left our possession, negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications or the use of parts, hardware, consumables not supplied by us.
3.4 Where the goods or services that you acquire from us are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017, or implied by common law will not apply and are excluded from these terms of trade.
4.0 Limitation of Liability
4.1 Our earplugs are intended to assist in the prevention of hearing damage only and are not intended to be a total prevention solution.
They must be used strictly in accordance with the instructions provided and failure to use them in accordance with our directions may result in permanent hearing damage and all liability is waived in this respect.
Whilst we will meet with your employees on a one-to-one basis to assist with the initial fitting, beyond this it is solely your responsibility as their employer to ensure your employees insert and wear the earplugs correctly.
4.2 As specified 4.1, the ear protection plugs supplied are intended to be part of a total protection solution (such as limiting the period of time employees are exposed to loud noise or making noise alleviating alterations to the workplace)
4.3 It is essential to care for and maintain the earplugs in accordance with the instructions provided with each set of earplugs. Failure to do so will lessen the life of the earplugs and more importantly, could well impede their effectiveness, leading to permanent hearing damage and all liability is waived in this respect.
4.4. Anatomical changes to the shape of the ear canal take place over time, which means that the earplugs should be replaced every two years to four years depending on their condition. Failure to do so will reduce the effectiveness of the earplugs to protect the wearer’s hearing, which could well lead to permanent hearing damage. All liability is waived in this respect.
4.5 We recommend that earwax removal by microsuction should be carried out for each employee to be fitted with the ear protection earplugs, since even small amounts of ear wax can prevent a closely fitting mould being taken of the ear canals. This could lead to the effectiveness of the earplugs being impeded resulting in permanent hearing damage. If earwax removal by microsuction is declined, all liability is waived in this respect.
4.6 You have asked us to supply replacement ear protection plugs made from existing moulds which were taken some while ago. As a result of anatomical changes to the shape of the ear canal which take place over time, we recommend that new moulds be taken each and every time that new ear protection plugs are supplied, since otherwise the ear protection plugs may not fit the ear canal closely enough reducing the effectiveness of the ear protection plugs in protecting the hearing of the wearer. Over time, this could lead to permanent hearing damage and all liability is waived in this respect.
4.7 We will not be liable for any losses of any kind or any delay in supplying goods or services which are caused in whole or in part by circumstances beyond our reasonable control.
4.8 Our liability shall be limited to the value of any defective goods or services supplied, and none of us, our employees, contractors or agents, any manufacturer(s) or developer of the goods, or any of their materials or components or any suppliers of services, will be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This limitation of liability includes, but is not limited to, costs (including costs of returning goods to us or to any manufacturer), loss of data, indirect or consequential loss, loss of contracts, loss of profits, damage caused by or arising from delays in manufacture or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, or faulty materials or components of the goods.
5.0 Personal Information
5.1 We will use any personal information that you supply for credit, administration, service and marketing purposes. You have the right of access to and to ask for correction of your personal information.
5.2 You authorise any person or company to provide us with any information we may require in response to your application for credit and/or other enquiries, and you authorise us to search the Personal Property Securities Register for any information about you (or, in the case of a company) your parent or associated companies.
6.0 General Conditions
6.1 We may change these terms of trade from time to time by notice to you in writing, which may be by email.
6.2 If we fail to enforce any terms or to exercise any right under these terms of trade at any time, we have not waived that right.
6.3 You may not assign or subcontract any of your rights or obligations under these terms of trade.
6.4 If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
6.5 Any agreement between us is governed by the laws of New Zealand. Any dispute is subject to the non-exclusive jurisdiction of the New Zealand courts.