Terms of Trade
Surplustronics Trading Ltd shall hereafter be referred to as SURPLUSTRONICS.
Text in Green shall apply only to account customers,
Text in Orange shall apply to all other customers.
Price (1)
1.1 SURPLUSTRONICS reserves the right to vary the price of the goods (from any published and/ or quoted) in accordance with any variation in exchange rates, costs of labour, materials, transport, freight and insurances, customs, duties, sales tax, Goods and Services tax and other duties, imports and surcharges and all other expenses incurred or arising due to circumstances beyond the control of SURPLUSTRONICS between the date of acceptance of the order by SURPLUSTRONICS and the date of delivery.
1.2 Any changes in prices after the acceptance of the order by SURPLUSTRONICS will be to the customer's account and the price of the goods will be that ruling at the date of dispatch.
1.3 Verbal quotations are subject to written confirmation by SURPLUSTRONICS.
1.4 Price errors on published material including all Surplustronics websites, catalogues, brochures and other media are able to be corrected by Surplustronics after an order has been received, in this case the Customer certainly has the option of return. Shipping will not be refunded in any circumstance.
Payment (2)
Payments are processed through the secure Payment Express system. Compliance Certificates can be viewed at Payment Express's Certifications & Compliance page. No credit card information is stored by us and we are PCI compliant. Payments must be received prior to orders being shipped.
2.1 (Account Holders) Payment shall be made by the 20th of the month following the date of delivery of the goods (or any of the goods), unless otherwise agreed in writing.
2.2 SURPLUSTRONICS may, at its option, deliver the goods by installments and the customer shall be invoiced for each installment and shall be Liable to pay for each installment delivered on the 20th of the month following delivery.
2.3 Should payment in full not be made to SURPLUSTRONICS by the due date, then: (a) the customer shall be liable to pay interest on the moneys outstanding at SURPLUSTRONICS`s current market overdraft rate, such interest to accrue on a daily basis until the outstanding account is settled in full. (b)the customer shall also be liable to pay all expenses and legal cost of SURPLUSTRONICS (calculated on a solicitor and client basis) in relation to obtaining or seeking to obtain remedy of default in payment by the customer. If debt collection is contracted out the customer shall be also liable for any commissions charged by such Collection agency over and above the defaulted amount/s. (c) SURPLUSTRONICS has the option of suspending further deliveries of the goods to the customer until the customer has effected payment in full.
2.4 Double Payment of Orders: Where a customer makes an error and Makes a double payment for an order the following applies: 1) our receipts say clearly "Still to pay $0.00" right at the bottom. 2) We do not offer accounts, ALL sales are pre-paid. Because this oversight incurs actual costs to us, we have no choice but to pass them back to the customer. It is the Customers responsibility to discover you have made double payment, The Customer must call us (09 837 5020) where you will be given a choice between a Refund minus an admin fee of $15, or a Store credit for full value.
2.1 Payment is due before any goods will be shipped, Credit card payments will be processed before any goods will be shipped. Direct credit orders will be held until payment is received.
2.2 Should payment in full not be made to SURPLUSTRONICS by 14 days following the placement of the order, it will be cancelled, with no obligation for SURPLUSTRONICS to hold stock or prices thereafter.
2.3 Double Payment of Orders: Where a customer makes an error and makes a double payment for an order the following applies: 1) our receipts say clearly "Still to pay $0.00" right at the bottom. 2) We do not offer accounts, ALL sales are pre-paid. Because this oversight incurs actual costs to us, we have no choice but to pass them back to the customer. It is the Customers responsibility to discover they have made double payment. The Customer must call us (09 837 5020) at which time you will be given a choice between a Refund minus an admin fee of $15, or a Store credit for full value.
No Deductions (3)
The customer will make all payments due to SURPLUSTRONICS whether in respect of the contract price or otherwise in full without deduction of any nature whatsoever by way of set off, counterclaim or other equitable or lawful claim or otherwise howsoever.
Delivery (4)
4.1 The company is not a common carrier and does not undertake the obligations or liabilities of a common carrier.
4.2 The cost of delivery of goods provided will be deemed in accordance with either SURPLUSTRONICS`s price list, Any changes in freight charges made by the carrier will be passed on to the customer without notice unless known of by SURPLUSTRONICS at the time of published rates of carriage. Individual contracts or supply contracts negotiated for the sale of the product.
4.3 The cost of delivery of the goods is to be borne by the customer except where given free shipping. Risk in the goods shall pass to the customer upon dispatch of the goods by SURPLUSTRONICS. Otherwise risk in the goods passes to the customer upon delivery of the goods to the customer.
4.4 Any specified dates for delivery are estimates only and SURPLUSTRONICS shall not be liable for failure to deliver on the estimated date or dates.
4.5 Where the customer does not take the goods at the time and place provided herein for any reason other than SURPLUSTRONICS default, then delivery shall be deemed to have been made when SURPLUSTRONICS is willing to deliver and the customer shall nevertheless make any payment provided herein upon the basis that the goods have been delivered.
Refund & Warranty Policy: (5)
5.1 Please read the vital information about our return / swap policy by clicking here.
Property (6)
6.1 Notwithstanding clause 4.3 and 4.5 hereof until payment to SURPLUSTRONICS of all amounts by the Purchaser to SURPLUSTRONICS: (a) Full legal and beneficial title in the goods shall remain with SURPLUSTRONICS and the Purchaser shall hold them only as bailee in a fiduciary capacity for the Supplier. (b) All of the goods supplied shall be stored by the Purchaser in a manner that they are separately identifiable as the property of SURPLUSTRONICS and safe from all risks. Any goods used in Production or installation becoming the subject of defaulted payment shall be deemed non returnable to SURPLUSTRONICS and therefore must be replaced with goods or equipment of equal value, subject to the choosing of SURPLUSTRONICS. (c) If at any time before any credit is, pursuant to Sub clause (1) hereof, cancelled the Purchaser may sell the goods at full market value but only on the condition that such goods are sold as agent for SURPLUSTRONICS and the full proceeds to the Purchaser's bank the Purchaser shall notify such bank that the proceeds are held on trust for SURPLUSTRONICS and direct that they be so held in a separate account. The Purchaser shall not assign, nor enter into any arrangement to assign, or purport to assign, to any other person the right to receive any such proceeds (whether by the way of a factoring arrangement or otherwise) and any such assignment or purported assignment shall not operate but shall be void as between the parties hereto and any assignee or intended assignee. (d)If any credit is extended to the purchaser for payment of the goods such credit shall not affect the operation of this clause 7.1 but such credit shall be deemed automatically cancelled immediately upon happening of the following events : If the purchaser shall suffer appointment of any Receiver of its assets or undertaking, or (if an individual) commits any act of bankruptcy, or (if a company) a winding up order is made against it or goes into voluntary liquidation (other than for the purposes of reconstruction) or it calls a meeting of creditors or makes any composition with creditors or it permits any of the conditions enabling a company to be wound up to exist or if the Securities Commission pursuant to Section 38 of the Corporations (Investigation and Management) Act 1989 makes a recommendation that the Purchaser be placed under statutory management or if the Registrar of Companies pursuant to Section 30 of the same Act notifies the Purchaser that it is considered to be a corporation at risk. Notwithstanding the above, SURPLUSTRONICS may, if it has any doubts about the creditworthiness of the Purchaser, cancel any credit provided. (e)If any of the event specified in Clause (a) hereof occur, or for any reason, SURPLUSTRONICS may at any time During Business Hours, but without notice, enter any premises at which the goods are stored to inspect or repossess them. Any costs incurred by SURPLUSTRONICS in the exercise or attempted exercise of its powers hereunder shall constitute a debt immediately due and payable by the Purchaser
6.2 Nothing in the clause shall be constructed to authorise the Purchaser to return any goods supplied, whether because they are surplus to requirements or otherwise. Notwithstanding that goods may be returned to, or recovered by SURPLUSTRONICS the Purchaser shall remain liable for payment of the full purchase price thereof after taking into account any amount recovered by SURPLUSTRONICS on resale, or any credit allowed by SURPLUSTRONICS, for the returned value thereof.
Description (7)
Any description of the goods contained in or for the purposes of this contract is given by the way of identification only and use of such description shall not constitute a sale by description.
Warranty (8)
8.1 SURPLUSTRONICS warrants that the goods or goods reasonably considered to be of a similar nature have been manufactured and tested in accordance with SURPLUSTRONICS`s internal quality control standards.
8.2 No conditions or warranties expressed or implied and no representations or statements are binding upon SURPLUSTRONICS unless set out in the Contract.
Liability (9)
9.1 No claims by the customer may be made unless made in writing and received by SURPLUSTRONICS: (a) in the case of defects which are reasonably upon examination of the goods, within (7) days of delivery of the goods; or (b) in the case of other defects, within seven (7) days of the date when such defect is reasonably discovered and in any event within six (6) months after delivery.
9.2 The liability of SURPLUSTRONICS whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in the goods or any other breach of SURPLUSTRONICS`s obligations hereunder shall not in any event exceed the contract price. SURPLUSTRONICS shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall SURPLUSTRONICS be liable for any damage or loss caused by the customer's servants, agents, buyers or other persons whatsoever (where similar or not to the foregoing).
9.3 No liability will be accepted by SURPLUSTRONICS or any failure of or delay in supply, manufacture or delivery where such supply, manufacture or delivery is wholly or partially delayed, hindered prevented by any circumstances which is not within SURPLUSTRONICS`s control including, but not by the way of limitation, strikes, lockout, difficulty in procuring suitable materials, goods or substances required for the manufacture of the goods, act of God, shortage of stocks, shortage of labour, lack of skilled labour, delays in transit, shortage of fuel, legislative governmental, other prohibitions or restrictions, fire, flood, hostilities, commotions or other causes whatsoever beyond the control of SURPLUSTRONICS.
9.4 Should the customer issue proceedings against SURPLUSTRONICS, its officers or employees upon the basis of any act of Parliament or regulations made thereunder, the amount which the customer may recover shall be limited to damage or loss arising directly from supply of the goods and shall not in any case include any consequential indirect or special damage or loss. Nothing in this contract shall be taken as an acceptance that any such proceedings can be brought.
Patents (10)
10.1 The customer warrants that any design or instruction furnished by SURPLUSTRONICS will not be such as will cause SURPLUSTRONICS to infringe any patent, registered design of trademark in the execution of the customers order.
10.2 The customer agrees to indemnity SURPLUSTRONICS against infringement or unauthorised use of patents, trademarks, designs or copyrights arising out of the manufacture and use of the goods and it is specially agreed that the sale and purchase of the goods does not confer on the customer any license or rights under any patents, trademarks, design or copyrights the property of SURPLUSTRONICS.
Waiver (11)
Failure by SURPLUSTRONICS to insist in any one or more instances upon a strict performances of any of the terms of this Agreement or the waiver by SURPLUSTRONICS of any terms or right hereunder or of any default by the customer shall not be deemed or constructed as a waiver by SURPLUSTRONICS of any such term or right of default in the future. THE ABOVE TERMS OF SALE RELATE TO ACCOUNT HOLDING CUSTOMERS FOR ACCOUNTS HELD WITH SURPLUSTRONICS, PO BOX 104068 LINCOLN NORTH AUCKLAND 0654. FIRST PRINTED 1/7/2000, SUBJECT TO CHANGE.
Surplustronics Trading Ltd
7 Corban Avenue
Henderson
Auckland 0612
New Zealand
PO Box 104068
Lincoln North
Auckland 0654
New Zealand
PH: +64 9 837 5020
FAX: +64 9 837 5019
WEB: www.surplustronics.co.nz
