Terms and Conditions of Sale
We supply all Goods to you subject to the following terms and conditions.
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1. Acceptance
1.1 By placing an order with us – written or verbal, you accept these terms and conditions,
despite anything stated to the contrary on your order, terms, and conditions of purchase or
any similar document
1.2 A quotation by us shall remain valid for the period stated in the quotation and if no period is
stated, for seven (7) days from the date of quotation.
1.3 A modification to a quotation will be effective only if we provide it in writing.
1.4 Adhesive Technologies will not accept responsibility for errors or mis-orders unless the
order form from the customer was a written order.
2. Price
- 2.1 All orders will be filled at prices current at the date of delivery of the Goods. Prices are
subject to change without notice at any time prior to acceptance of an order.
2.2 Unless otherwise specified in writing, all prices are exclusive of Goods and Services Tax,
any other taxes payable on Goods supplied and freight costs all of which you must pay
unless we agree otherwise with you.
3. Terms of Payment
3.1 Unless otherwise agreed by us in writing, payment is due on the 20th of the month following
the date of the invoice for the Goods.
3.2 You must make payment of all amounts owing without set-off or deduction of any kind.
3.3 We may at any stage stop supplying Goods if payment has not been received.
3.4 We may disallow and reverse any discounts to customers if accounts are not paid by the due
date without obligation to give notice to the customer that the discount is being disallowed.
3.5 Legal or debt collection costs incurred in recovering amounts not paid by the due date are
payable in full by the customer and shall be added to the customer’s account as principal
amounts owing.
3.6 Credit Limits – Adhesive Technologies NZ Ltd may place a credit limit on this account.
On approaching the limit Adhesive Technologies NZ Ltd may request that you, the customer, make
a payment in order to keep the account balance within the agreed limit.
4. Delivery
4.1 All costs of freight, delivery and unloading the Goods on their arrival at the agreed place of
destination shall be borne by you and you further agree to reimburse us for all costs which
we incur on your behalf.
4.2 Any dates given for delivery of the Goods are stated in good faith but are not to be treated as
a condition of the sale. If delivery of the Goods is delayed for any reason at all, we will not
be responsible or liable in any way to you or any other party for loss suffered due to that delay.
4.3 If you direct that the delivery of the Goods is to be staggered over different times or to
different addresses from those specified in your order, then you will be liable for any
additional charges incurred by us in complying with your direction.
4.4 We may make delivery by instalments and may cancel delivery of the Goods or any
instalments of the Goods without prejudice to our rights to recover all moneys you owe us
for deliveries already made.
We will not be liable for any loss or damage to the Goods during transportation even though
the loss or damage may be caused by our negligence or other default.
5. Manufacturing
5.1 We accept no responsibility for any delay in manufacturing.
6. Ownership & Risk
6.1 Risk in the Goods will pass to you on delivery into your custody or the custody of anyone acting on your behalf even though ownership in the Goods may not have passed to you. You must insure the Goods in our name and your name for our respective interests from the time of delivery until payment in full.
6.2 We will retain legal and beneficial ownership of any and all Goods and/or any other Goods which the Goods have been incorporated into or mixed with (“mixed Goods”), until we receive payment in full for them and all other amounts owing to us, and until you have satisfied all obligations you owe us, even although we may have granted you a period of credit.
6.3 You hold the Goods and/or mixed Goods as fiduciary bailee and agent for us and must store the Goods and/or mixed Goods in such a way that they are clearly identifiable as our property until payment in full has been made.
6.4 You will not sell, dispose of or otherwise part with possession of the Goods and/or mixed Goods except that you may sell them in the ordinary course of your business prior to payment in full.
7. Warranties and Limitation of Liability
7.1 We provide no warranty in relation to the Goods we supply you.
7.2 Any advice, recommendation, information, assistance or service provided by us in relation to the Goods or their use or application is given in good faith, is believed by us to be reliable, but is provided with a disclaimer for any liability or responsibility on our part.
7.3 You accept all risk and responsibility for consequences arising from the use of the Goods whether singly or in combination with other products.
7.4 The specifications for the Goods can be found on the specification sheet provided by us.
8. Personal/Property Securities Act 1999
8.1 You acknowledge that you grant us a security interest in all present and after acquired Goods supplied by us and their proceeds to secure all moneys owing to us now and in the future in respect of the supply of Goods.
8.2 You undertake to provide any information that we may reasonably require to enable us to perfect and maintain the perfection of our security interest (including by registration of a financing statement).
8.3 You undertake to immediately notify us in writing of any changes in your name and/or any other change in your details (including, but not limited to changes in your address, facsimile number, trading name or business practice).
9. Dangerous Goods
9.1 You warrant to us that after delivery of the Goods and whilst we retain any interest in the Goods you will comply with all applicable Acts, Regulations and Laws dealing with the transport, unloading and storage of dangerous and hazardous materials.
10. General
10.1 You indemnify us against any liability for any direct or consequential injury, loss or damage arising
out of any act, default or omission of, or any representation made by, you or your servants or agents.
10.2 No waiver by us of any term or condition will constitute a waiver of any other of these conditions.
10.3 We may vary theses terms and conditions at any time by notice in writing to you. Any such variation
will take effect from acceptance of the first order for Goods following notice of the variation being
given to you.