These terms apply to all services and goods supplied by Fieldline Limited (“we”,” us”) to a Customer (“you”). These terms may be changed by us from time to time by written notice.
Price and Payment
All prices are plus Goods and Services tax and other taxes and duties which are payable by you.
A deposit, as advised by us, will be payable on placement of the order.
Payment in full must be made in advance of delivery in a form approved by us.
We may vary the purchase price of any item to take into account any increase in the costs and materials or services, currency fluctuations, or increases in manufacturing costs between the date of your order and the date of delivery. We will notify you of any such change at the relevant time. You accept and acknowledge that the price will be the price set out in our final invoice.
All prices stated are in New Zealand Dollars.
Delivery
The goods are deemed to be delivered either when they are collected from our premises or if delivery has been arranged by us, then when the goods are physically delivered to the address provided to us for the purposes of delivery.
Any delivery time that we notify to you is an estimate only and is not binding on us. Any delay due to circumstances not reasonably within our control will not entitle you to cancel any order or refuse to accept delivery or make payment.
If we deliver the goods to you, additional charges may be applicable. The means of delivery is at our discretion.
If an urgent delivery is required, this will be at your cost.
We endeavour to deliver all goods ordered within 2 weeks of ordering, subject to the customers’ requirements.
Risk
Risk in the goods passes to you on delivery.
Claims and Liability
Any claim by you of any defect in the goods or nonconformity to an order for goods must be made in writing to us within 10 days of delivery. Failing to provide notice within this timeframe will result in you being deemed to have accepted the goods. We will have a reasonable opportunity to inspect, verify and accept or reject any claim for defective goods. Where a defective goods claim is accepted by us, at our discretion we may replace or refund the purchase price for the goods supplied.
Information on specifications, description, measurements and other data generally relating to the goods contained in advertisements, catalogues, price lists, illustrations or other similar matter, while given in good faith, must be regarded only as an approximate and general guide. You acknowledge that you must rely upon your own judgment as to the nature, quality and condition of the goods, as to their sufficiency for any use or purpose and that we are under no duty to ascertain the suitability or the goods or services for any particular purpose whatsoever.
In no circumstances will we be liable to you, whether in contract, tort or otherwise, for any loss or damage or injury arising directly or indirectly from goods or services supplied by us to you. We will not be liable to you or any third party for any damages to the goods or your property irrespective of whether such damage is caused by our negligence. In any case, whether we are found to be liable to you for any reason whatsoever, the extent of our liability will not exceed the purchase price of the relevant goods or services.
Default by the Customer
If you fail to comply with any of these terms (including cancelling any order), we are entitled to cancel any orders already made (to the extent not already cancelled) and to recover from you any losses, damages, costs, interest, fees, charges (including handling charges payable to us) and expenses incurred by us as a result of your default and the subsequent cancellation of such order. We may deduct such amount from any deposit paid.
Retention of Title
We retain legal and equitable title in all goods supplied until payment in full has been received by us.
Force Majeure
Should we be delayed in supplying any order due to any cause not reasonably within our control, we may suspend or cancel an order without incurring liability for any loss or damage whatsoever suffered by you or any other person.
Consumer Legislation
The Consumer Guarantees Act 1993 (“CGA”), the Fair Trading Act (“FTA”) and other statutes may impose warranties, conditions and obligations on us which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided by these terms, to the extent permitted by law, we exclude all such imposed warranties, conditions or obligations and exclude any warranty, condition or obligation imposed by law, equity or otherwise.
Specifically, where you acquire the goods and/or services from us for the purposes of a business:
the parties acknowledge and agree that:
you are acquiring the goods and/or services under these terms for the purposes of a business in terms of sections 2 and 43(2) of the CGA; and
the goods and/or services are both supplied and acquired in trade for the purposes of the FTA and the parties agree to contract out of sections 9 (Misleading and deceptive conduct generally), 12A (Unsubstantiated representations) and 13 (False and misleading representations); and
you agree that all warranties, conditions and other terms implied by the CGA or sections 9, 12A and 13 of the FTA or any other statute or common law are excluded from these terms to the fullest extent permitted by law.
Privacy
By placing an order with us, you authorise us to collect, retain and use information about you for the following purposes:
to manage your order placed with us, including sending you statements and invoices;
to provide you with information about our products and any special offers we believe may be of interest to you;
to provide your information to third party financiers where you have requested us to do so.
Under the Privacy Act 1993 you have the right to access and correct any personal information we hold about you. Please direct any such request to: kimm@fieldline.co.nz.
General
You may not assign or transfer all or any of your rights or obligations under this contract without our prior written consent.
We are not bound by any error or omission in any invoice, order, form or other document.
If any provision of these terms is or becomes invalid or unenforceable, that provision will be deemed to be deleted to the extent of such invalidity or enforceability from these terms and such invalidity or enforceability will not affect the other provisions of these terms, all of which will remain in full force and effect.
