Joblin Holdings Ltd., Trading as BespOak NZ
STANDARD TERMS AND CONDITIONS OF CONTRACT
These are Joblin Holdings Ltd (the "Seller") Standard Terms and Conditions, which will apply to the contract whereby you as the Customer (the "Customer") order and purchase the items of the Products (as set out in the Order) from the Seller.
2. The Contract
2.1 The Terms of the Contract between the Seller and the Customer for the sale and supply of items of the Products Ordered are contained collectively in all of the following:
2.2 The Contract date is the date the Seller communicates Acceptance to the Customer. An Order once placed where Acceptance has been communicated may only be cancelled by the Customer if the Seller agrees in writing to its cancellation. Cancellation may be conditional on the Customer paying the reasonable and actual costs and expenses incurred by the Seller up to the date of cancellation.
2.3 Where the Products have to be made or adapted to the Customer's particular specifications or requirements then the Customer must also pay for all work in progress up to the date of cancellation.
3. Defined Terms
In these Standard Terms and Conditions and any related documents, unless the context otherwise requires, the following words and phrases mean:
"Acceptance" means the occurrence of any one of the following:
"Communicates" means all tenses of the verb and any act of communication and includes written communications, electronic communications and facsimile communications but does not include oral communications unless confirmed in writing electronically or by facsimile.
"Contract" means this contract for the sale and purchase of the Ordered Products.
"Current Price List" means the price list published by the Seller from time to time as the current prices of the Products to its Customers, inclusive of GST.
"Delivery" means delivery at the purchaser's nominated location for installation or such other place as the Seller and the Customer may in writing agree as the place of delivery for the Products Ordered.
"GST" means Goods and Services Tax as defined under the GST Act.
"GST Act" means Goods and Services Tax Act 1985.
"Installation" means (where applicable) the installation of the Products at the site of installation as agreed in writing by the Seller and the Customer.
"Intellectual Property" means all copyright in all designs, plans and drawings of the Products, all Designs whether registered or unregistered, all trade marks and logos whether registered or unregistered, all patents granted and patents pending and all know-how and information pertaining to the manufacture of the Products.
"Order" means an Order placed by the Customer by way of acceptance of a sales contract for the purchase of an item or items of the Products duly completed and signed by the Customer and Communicated to the Seller containing:
"Parties" means the Seller and the Customer.
"Person" means any individual, company or entity not being a Party and not being an employee of a Party.
"Price" means the purchase price of the Products inclusive of GST determined by reference to the Seller's Current Price List and as set out in the Order.
"Products Ordered" means the Products ordered by the Customer and indemnified on the Sales Contract as signed by the Customer.
"Specifications" means any Seller's specifications applicable to an item of the Products and where applicable any specifications for Installation.
"Tax Invoice" means a tax invoice that complies with the GST Act.
4.1 The Seller agrees to sell and the Customer agrees to buy the Products ordered by the Customer for the Price.
4.2 The Seller will render a Tax Invoice to the Customer prior to Delivery. This may be emailed to the Customer.
5. Price and Partial Delivery
Where there is partial Delivery of the Products, then the Seller will be entitled to be paid by the Customer that proportion or percentage of the Price that relates to those Products delivered on that partial Delivery.
6.1 If the customer signs the delivery docket as accepted with no damage, they are allowed a 24 hour time frame in which to report a claim for any unseen damage to items.
6.2 If goods are signed for without any notes, it is assumed that everything is delivered and in perfect condition. The Seller will then not be liable for any missing or damaged items.
7.1 The Seller warrants to the Customer that:
7.2 The Seller will not be responsible for any damage to the Products which occurs at any time after Delivery unless the Customer can provide reasonable evidence that the damage was a direct result of any fault or defect;
7.3 The Seller will not be liable to the Customer for any damage or destruction of the Products caused by:
7.4 Subject to the express terms of this Contract and to any statute or regulations which cannot be excluded contractually, the Parties expressly agree that the Seller does not accept any liability whatsoever in respect of any loss or damage (including injury, death, loss of profits or repudiation, economic loss and consequential loss or other damage) however caused (including the Seller's negligence) which may be suffered or incurred or which may arise either directly or indirectly in respect of any use of the Products;
7.5 Where any Person suffers loss, damage or injury (including personal injury) as a direct or indirect result of any failure referred to in Clause 6.3 above or as a direct or indirect result of any misuse of the Products then the Customer hereby indemnifies the Seller against any liability (including costs) of the Seller to that Person.
8. Payment for the Products
8.1 Any failure by the Customer to make such payment when required by the Seller entitles the Seller to suspend the order /manufacture of the Products Ordered.
9. Refund of Deposit
11. Time of Delivery and Delay
13. Suspension of Delivery
13.1 The Seller may suspend Delivery of the Products without being in breach of this Contract if:
13.2 The Seller must give 7 days' prior written notice to the Customer of its intention to suspend Delivery and the reasons for such suspension.
Installation of the Products Ordered is not part of this Contract. Installation of the Products Ordered is the Customer's exclusive responsibility and the Seller will not be responsible for any damage done to the Products Ordered during, or as a consequence of, their Installation or during or as a consequence of the Customer taking Delivery of the Products Ordered at the site of Installation and attempting to Install them.
15. Ownership of Intellectual Property
17. Governing Law
20. Whole Agreement
Download Terms & Conditions as a PDF document here
12 Owens PlaceMt MaunganuiTauranga3116New ZealandMap
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