TERMS AND CONDITIONS OF SALE
In these terms and conditions:
(a) ‘Customer’ means the person or firm, company or entity (or any person acting on behalf of and with the authority of such person, firm, company or entity) purchasing goods or services from TT;
(b) “GST” means New Zealand Goods and Services Tax;
(c) ‘Goods’ means all good, whether new or second hand sold or to be sold, and/or supplied via the website, telephone, email or other written arrangement as part of the provision of services, by TT to the Customer;
(d) ‘TT’ means Evolution Technologies 2020 Limited and (if applicable) its related companies, successors, assigns and authorised agents;
(e) ‘Invoice’ includes any written quotation and other contractual document issued by TT;
(f) ‘Property’ means the combined Goods and Services supplied.
(g) ‘Services’ means all services provided by TT to the Customer at their request including buying, supplying, delivering and installing second-hand office furniture and fittings; and
(h) ‘Website’ means https://www.tokentrolley.com
Except as expressly agreed in writing, these terms and conditions shall apply to and govern all agreements and other dealings between TT and the Customer, notwithstanding any statement to the contrary, or other document of the Customer.
No Customer order or instructions shall bind TT unless accepted by TT in writing. Notwithstanding any arrangement granting credit to the Customer, TT reserves the right to accept or decline any Customer order.
Where Goods are ordered by description or by reference to a sample, TT will use its best endeavours to supply Goods complying with such description or sample, but TT shall not be liable for any variation in the Goods.
The Customer shall be responsible for ensuring the accuracy of any order, and/or purchase, and of any applicable specifications. The description and specifications of any Goods and Services shall be those as displayed on the website and any other written representations made by TT. Where there is a TT quotation and a Customer order, the terms of TT’s quotation shall govern.
Subject to clause 8 below, the Customer shall pay the price stated on TT’s invoice, save for errors which TT reserves the right to correct. All prices are quoted in New Zealand dollars and exclusive of GST unless indicated otherwise. The price stated on TT’s quote shall remain valid for a period of 14 days from the date of the quote. The Customer acknowledges that the price may increase after the expiry of the 14 day timeframe.
All displayed prices for Goods and for Services on the website are subject to alteration without prior notice, and offers for its Goods and Services are only accepted at the prices ruling at the time of acceptance of the offer.
The Customer shall pay in full all accounts and amounts owed to TT by the payment date(s) specified in TT’s invoice(s). If no payment date is specified, then payment in full is due on issue date of TT’s invoice.
Any discount offered by TT is contingent upon receipt of all monies owed by the Customer on or before the payment due date(s). If the Customer fails to make full payment by the due date, any discount will immediately be withdrawn and the difference between the discounted amount and the full amount that would have been charged shall be debited to the Customer’s account.
TT may at its discretion apply any payments it receives from the Customer in and towards the satisfaction of any indebtedness of the Customer to TT and TT shall not be bound by any conditions or qualifications that the Customer may make in relation to any payment.
The Customer authorises TT to obtain at any time from any person or entity any information that TT may require for the purpose of assessing the Customer for Anti Money Laundering and the Customer irrevocably authorises and requests all such persons and entities to release to TT any personal information held concerning the Customer.
Goods shall be delivered or deemed delivered to the Customer at the time the Goods are delivered to the customer’s site.
The Customer shall be liable for the cost of delivery of Goods.
The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged, TT shall be entitled to charge a reasonable fee for storage and redelivery.
In the event, the Customer anticipates storage will be required for a month and more, the Customer will be required to pay a 50% deposit for the Goods.
TT will endeavour to deliver Goods and provide Services within any timeframes requested by the Customer, but time for delivery shall not be of the essence and TT shall not be liable for any loss to the Customer caused by any delay or non-delivery.
TT reserves the right to deliver Goods and provide Services by instalments, and failure by TT to deliver any one or more instalment shall not entitle the Customer to cancel the contract as a whole.
Any claims for errors or short delivery shall be made in writing within seven days of delivery and shall be accompanied by all supporting evidence in the Customer’s possession or under the Customer’s control.
If the Customer fails to pay any amount owed to TT by the due date, or fails to comply with any other obligation owed to TT, then without prejudice to any of its other rights, remedies and powers, TT may (notwithstanding that TT may have waived any previous default by the Customer):
The Customer will be liable to TT for all costs, charges and expenses, including collection commissions and legal costs on a solicitor and own client basis incurred by TT in collecting or taking action to collect any amount owed by the Customer and in connection with the exercise, enforcement or preservation of any of TT’s rights, powers or interests.
Notwithstanding delivery and the passing of risk in Goods, or any other provision of these terms and conditions, all Goods (including, where applicable, any resulting product into which the Goods are incorporated, manufactured or commingled, whether or not the original identity of the Goods is lost) supplied by TT shall remain and be the property of TT as legal and equitable owner until TT has received cleared payment in full of all moneys owed by the Customer to TT.
Until TT has received cleared payment in full of all moneys owed by the Customer to TT, the Customer shall hold the Goods as TT’s fiduciary agent and bailee and shall store the Goods in such a way that it is clear that they are the property of TT. Unless TT directs otherwise, the Customer may use or resell the Goods by way of bona fide sale at market value in the ordinary course of its business.
No Goods are sold on a sale or return or approval basis.
It is the responsibility of the Customer to satisfy itself as to the condition, quality, suitability and fitness of Goods and/or Services for any particular purpose and no representation, warranty or undertaking in relation to the Goods or Services has been or is made or given by or on behalf of TT in relation thereto.
In the event any warranties are to apply, the Customer agrees that the warranties in respect of second-hand goods will not be the same as those for new goods.
All claims for defective Goods or Services must be in writing and delivered to TT within seven days of receipt of the Goods or provision of the Services. All claims must quote the relevant TT invoice number. Any claims not made within seven days of receipt will be deemed waived by the Customer.
TT shall have no liability in respect of any defect in Goods arising as a consequence of the Goods being second-hand, and/or from misuse, wilful damage, negligence, failure to follow instructions, unauthorised alteration or modification, abnormal working conditions or fair wear and tear.
TT shall have sole right to decide whether Goods or Services are capable of repair and TT’s liability (if any) in respect of Goods or Services shall be limited as follows:
(a) Where Goods or Services are capable of repair, to the repair of the Goods or Services or the payment of the cost of having the Goods repaired, or re-provision of the Services or;
(b) Where Goods are incapable of repair or the Services cannot be re-provided, the payment of the original cost of acquiring the Goods and Services.
No guarantee or warranty is given, and no obligation incurred, by TT in respect of Goods or components not manufactured by TT, in respect of which the Customer shall only be entitled to the benefit of any guarantee or warranty given to TT by the manufacturer or supplier provided that TT shall not be required to pay or incur any cost in relation thereto.
TT and their subcontractors shall have no liability in respect of damage caused to the Customer’s property or any other property in the delivery of goods or services.
All Services provided by TT are provided in good faith on the basis of the information provided by the Customer. Where TT is requested by the Customer to provide casual advice in conjunction with the sale of Goods but not constituting the formal provision by TT of Services, then TT shall have no liability whatsoever in relation to any such advice given and the Customer shall rely solely on its own judgment in connection with all such matters.
TT shall have no liability where any Services performed or Goods supplied have been re-installed, modified, not maintained or improperly maintained or improperly used. Any rectification work required to be carried out by TT shall be carried out at a place and at a time stipulated by TT and the Customer shall be responsible for delivering the Goods, as the case may be, to that place by that time.
No guarantee, warranty, representation or statement shall be binding on TT unless made in writing by a director of TT. Except as expressly set forth in these terms and conditions, all warranties and conditions, whether implied by law or otherwise, are excluded and TT shall have no liability whatsoever to the Customer.
TT shall not be liable to the Customer for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise) even if such loss were reasonably foreseeable or TT had been advised of the possibility of the Customer incurring same. If it shall be held that TT has any liability to the Customer then, except as expressly set forth in these terms and conditions, the liability of TT to the Customer shall not exceed the lesser of:
(a) the value of the Goods or Services the subject of any claim; or
(b) the contract price;
and TT and its employees, contractors, agents, suppliers or manufacturers will not be liable to the Customer for loss or damage of any kind.
TT shall have no liability arising from, and may correct at any time, any typographical, clerical or other error or omission in any sales literature, price list, quotation, invoice, communication or other document or information issued by it.
Nothing in these terms and conditions shall affect the rights of the Customer under the Consumer Guarantees Act 1993 or legislation in substitution thereof, provided that if the Customer is, or holds itself out to be, acquiring the Goods for the purposes of a business then the guarantees under the Consumer Guarantees Act 1993 are excluded.
These terms record the entire understanding and agreement relating to the matters dealt with in these terms. These terms supersede all previous understandings or agreements (whether written, oral or both).
These terms and conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement. TT shall not be deemed to have waived any term or condition unless such waiver shall be in writing and signed by a director of TT and any such waiver shall apply only to the particular transaction to which it refers.
If any clause or provision of these terms and conditions shall be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such judgment shall not affect the remaining provisions hereof which shall remain in full force and effect as if such clause or provision held to be illegal or unenforceable had not been included herein.
These terms contract shall be governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.