FOOD TECH SOLUTIONS LTD
Our Terms of Trade
The term “the Company” refers to Food Tech Solutions Limited. The term “the Buyer” or “the Purchaser” refers to the person, firm, company or corporate entity with whom the Company enters into a contract of sale.
1.1 All orders placed with the Company are accepted on the basis of these terms. No variation of these terms will apply unless accepted in writing by the Company.
2. CONSUMER GUARANTEES ( “the Act” )
2.1 If the goods acquired by the Buyer are for business purposes, the Buyer agrees that the Act does not apply.
3. PRICES AND PAYMENT
3.1 The prices of the goods are shown on the Company’s Quotation, Confirmation of Order, Packing Slip Note, Despatch Docket,
Invoice or other similar document.
3.2 All prices are subject to variation in exchange rates, customs duties, taxes, freight, insurance rates, Suppliers’ selling price
and labour costs which occur before delivery of the goods.
3.3 Prices quoted exclude Goods and Services Tax (including Goods and Services Tax payable on any interest charged under
paragraph 3.5 ) and any other tax imposed in relation to the goods. All such taxes are payable by the Purchaser in addition to the price
of the goods.
3.4 Unless otherwise agreed by the Company all freight and dispatch charges are the responsibility of the Purchaser.
3.5 The Buyer will pay for all goods bought from the Company, unless otherwise stated by the Company in writing, by the 20th day of
the month following delivery of the goods .The Buyer will pay or reimburse all costs and expenses incurred by the Company’s solicitor
or debt collecting agency to recover any amounts overdue for payment, and will pay interest at 1.5% per month or part month on the
overdue debt from due date of payment
4. RISK AND PROPERTY
4.1 Ownership of the property in the goods delivered remains with the Company until payment in full has been received, and if payment is not made by due date, the Company
will prejudice to any other remedies, be entitled to re-take possession of the goods and hold them until payment in full has been received, or to re-sell the goods and
recover from the Buyer the deficiency on re-sale plus costs of repossession.
5.1 The Company will use its best endeavors to fulfill any orders and to make delivery at any time specified in an order (if a time is
specified) but will not be responsible for any loss or damage sustained by the Purchaser or any other person, by reason of any delay in delivery or any failure to fulfill an order
or make delivery, howsoever caused.
5.2 Delivery will be deemed complete when the goods are taken from the Company’s premises, transported to the Buyer’s premises
or to the place agreed by the Company in its quotation or acceptance. The Company reserves the right to deliver goods in installments,
and each installment is deemed to be a separate contract under the same provisions as the main contract.
6.1 Goods are supplied subject to all conditions, warranties and limitations implied by law, provided however, that the extent of the
Company’s liability shall be limited to replacement of faulty materials only. Except as provided by statute, the Company
will not be liable for any loss or damage arising directly or indirectly from the goods provided by the Company, beyond the price
of these goods.
7. DEFECTIVE GOODS AND SERVICES
7.1 Goods and Services which do not comply with any agreed specifications, shall at the Company’s discretion be repaired or replaced.
7.2 Any right which the Buyer may have to reject non-conforming or defective Goods and Services shall only be effective if:
(A) the Buyer notifies the Company in writing within three months following delivery;
(B) the Goods (where applicable) have only been employed under normal conditions of use; and
(C) the Company is given the opportunity to inspect the Goods and/or the end result of Services
8.1 Any claims and requests for credit must be made within 14 days of invoicing. In each case, the relevant invoice numbers must
be quoted and an authorization for return must be obtained from the Company and quoted on all documentation returned with the
goods. If the Company does allow a return of goods, the Company reserves the right to charge a “re-stocking” fee of $10.00 per order.
9.1 Where a quotation is given by the Company for the price of goods, the quotation shall be valid for 30 days from the date of issue,
but the Company may withdraw the quotation at any time.
10. LAWS OF NEW ZEALAND
10.1 The contract evidenced by these terms is governed by the laws of New Zealand.