Terms of Trade
These Terms of Trade apply to all our Sale of Goods Contracts. Any order placed
with ExpressNet NZ Limited by you (“You” or “Customer”) constitutes your agreement
to be bound by these terms.
Sales and Purchase
Your placement of an order with us (“Order”) constitutes an offer by you to purchase
goods from us on these terms. The Order is placed when it is submitted to us.
The Order is accepted only when we notify you that we accept your Order. For example,
we might notify you that we accept your Order by sending you an e-mail stating this
or displaying a confirmation on our website. Delivery of goods constitutes notice
of our acceptance of the order.
If we accept the Order, a binding contract between you and us will arise on these
terms.
Price and Price Variation
Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed
in writing, the price of the goods will be the current price on the day of order.
We may change our prices from time to time without notice.
Prices do not include any delivery fees. We are entitled to charge a delivery fee,
which will be calculated by reference to the goods purchased and the post code of
the address stated in the Order.
Payment
ExpressNet reserves the right to suspend delivery of further goods if the terms
of payment are not strictly adhered to by the Customer.
Interest may be charged on overdue accounts at a rate of 2.5% over bank rate.
Any expenses, costs or disbursements incurred by ExpressNet in recovering any outstanding
monies including debt collection agency fees or solicitor's costs shall be paid
by the Customer.
You must pay us any fees or costs imposed on us if any payment you make to us is
dishonored or reversed.
Delivery
ExpressNet shall deliver the goods to the address stated on the order or as agreed
by ExpressNet in writing.
ExpressNet shall deliver the goods by such carrier and such form of transport ExpressNet
consider to be appropriate.
The Customer agrees to inform ExpressNet within 14 days of the date of invoice if
proof of delivery is required. After this period, no liability will lie with ExpressNet
for proof of delivery.
ExpressNet will not be responsible for any part delivery or delay in delivery of
the goods as a result of events occurring beyond ExpressNet's control.
ExpressNet shall not be in any way responsible for any consequences (direct or indirect)
arising from such delayed or non-delivery of ordered goods.
Privacy
Please refer to ExpressNet Privacy Policy found here.
Intellectual Property
Where ExpressNet has followed a design or instruction furnished by or given by the
Customer, the Customer shall indemnify ExpressNet against all damages, penalties,
costs and expenses of ExpressNet or in respect of which ExpressNet may become liable
through any work required to be done in accordance with these instructions involving
an infringement of a patent, trademark, registered design or common law right.
Should ExpressNet be required to match any shade or colour, a light and dark tolerance
shall be allowed to such an extent as shall be agreed by ExpressNet and the Customer
at the time the standard colour is specified and in the absence of any agreement
a reasonable tolerance shall be allowed.
All information prepared by ExpressNet including, without limitation, customised
pricing, proposals, reporting, electronic catalogues, website content, and details
of improvements and cost reductions, is the intellectual property of ExpressNet
and cannot be copied, altered or distributed without ExpressNet's prior written
consent.
Limitation of Liability
Other than as required by law, ExpressNet NZ Limited will not be responsible for
:
- Direct or indirect losses due to late or non-delivery.
- Direct or indirect losses due to performance of products supplied.
- Direct or indirect losses due to damage by third parties such as freight companies,
installers etc. once the goods have left the ExpressNet warehouse.
Return of Goods
Faulty Products
If your product arrives faulty or develops a fault within the warranty period :
- Please contact ExpressNet with the invoice number and the nature of the fault as
soon as possible.
- ExpressNet will advise the best course of action for that manufacturer.
Incorrect Shipments
Where ExpressNet has shipped the wrong product, we will ship the correct items.
In addition we will pay for, and arrange, for the return shipment of the mis-shipped
items.
Incorrect Purchases
Where the customer wants to return product for credit :
- The customer must contact ExpressNet within 7 days of the products arrival.
- If permission if given for the return, the good must be shipped within 14 days.
- Good returned must be as-new. If they have been used, they will be rejected and
returned to the customer.
Risk of Loss or Damage.
Risk in the goods shall pass to you when good are released from the ExpressNet warehouse,
or, where shipping is direct from an ExpressNet supplier, the supplier's warehouse.
Warranties
All products sold by ExpressNet are covered for defects by the better of either
:
- Manufacturer's Warranty
- ExpressNet Warranty
Manufacturer's Warranty.
The warranties offered by our suppliers vary widely. Please refer to their respective
websites for specific details.
ExpressNet Warranty
All products are covered as follows:
- 1yr on Parts.
- Repair or replace at ExpressNet's discretion.
- Return to ExpressNet for Repair.
Customer's Liability & Default
If the Customer shall: (a) fail to make any payment due under the contract or commit
any other breach of any of the Customer's obligations under the contract; or (b)
suffer execution under any judgment; or (c) commit an act of bankruptcy; or (d)
make any composition or arrangement with any creditor; or (e) being a company, pass
a resolution for winding up or have a receiver appointed over any of its property
or have a winding up petition presented against it, ExpressNet (in addition to any
other remedies hereby or by statute conferred) may treat the contract as terminated
and any part of the purchase price then unpaid, together with any other monies owing
hereunder, whether or not due under the terms of the contract shall forthwith become
due and payable.
Any such termination shall be without prejudice to any claim or right ExpressNet
may otherwise possess.
Variations to Terms and Conditions of Trade
ExpressNet may from time to time and in its sole discretion amend, add to or delete
any of the terms of these terms and conditions of trade with immediate effect by
giving notice to the Customer.
Governing Law
These terms of trade are governed by the laws of New Zealand.
ExpressNet and the Customer shall submit to the non-exclusive jurisdiction of the
courts of New Zealand in respect of any dispute or proceeding arising out of these
terms and conditions of trade.