Terms and Conditions
Terms and Conditions of Sale for H & P Technologies Limited,
trading as HP Tech (referred to below as H & P Technologies)
The following sets out our standard Terms and Conditions of Sale for goods ordered via our websites (hptech.co.nz and woodworkingmachinery.com). Any deviation from the standard conditions will only form part of our contract if agreed in writing by us prior to acceptance of order.
1. Price and Terms of Payment
1.1 H & P Technologies prices are exclusive of GST, taxes, duties, freight outside of New Zealand and other imposts which, if chargeable, are payable by the purchaser.
1.2 Where the company agrees to and approves the operation of a trade account, the first order will be paid for prior to delivery, and for subsequent orders, payment by the customer shall be made no later than the 20th day of the month following the date of the invoice for the goods. Variation to these terms can only be made by mutual agreement prior to the placing of an order.
1.3 Any expenses, disbursements and legal costs incurred by H & P Technologies in the enforcement of any rights contained in this contract shall be paid by the purchases, including any reasonable solicitor’s fees or debt collection agency fees.
2. Return of Goods
2.1 Goods supplied in accordance with the purchasers order can only be returned with the express approval of H & P Technologies.
2.2 Requests to return goods must be submitted in writing within five days from date of supply, quoting original invoice number or packing slip and must be delivered, at the customers’ expense to H & P Technologies in original condition and packaging.
2.3 H & P Technologies reserve the right to levy a restocking fee against any returns it may agree to accept. Such fee may be up to 15% of the sale price of the goods.
3. Retention of Title
Ownership of the goods supplied shall not pass to the purchaser until payment in full for the goods is received by H & P Technologies.
4. Deliveries
4.1 Partial deliveries shall be permissible, when it is practical to make delivery of goods in part, and any dates for the delivery of the goods given by H & P Technologies are made in good faith but as estimates only and not commitments.
4.2 Unforeseen events beyond our control, such as shortages and delays in raw materials and deliveries by other manufacturers, labour disputes, epidemics, fire, accidents, whether occurring before or after the time for delivery or completion shall extend the time period for delivery.
4.3 Where the purchaser requests a particular method of delivery and H & P Technologies agrees in writing, then the purchaser shall cover the cost of delivery by that method from the point of dispatch of the goods by H & P Technologies. Otherwise, H & P Technologies will select the method of delivery and on charge the cost. Orders made via our website online shop will be delivered freight free within New Zealand.
4.4 Goods leaving H & P Technologies are adequately packed. Any damage or loss in transit must be notified to ourselves and the carriers within 3 days of receipt otherwise claims will not be considered. All risks in the goods shall pass to the purchaser not later than the date of despatch.
5. Disputes
In the event that any part of an invoice is disputed, the amount not under dispute shall be promptly paid in accordance with the applicable payment terms.
6. Release of Information about the Purchaser
The purchaser irrevocably authorises any third party to provide H & P Technologies with all relevant information as may be requested by H & P Technologies in response to credit enquiries.
7. Liability and Maintenance Guarantee
7.1 The purchaser shall ensure and satisfy themselves that the goods ordered are fit and suitable for the purpose for which they are required and H & P Technologies assumes no liability if the supplied goods are not fit or suitable for the purpose. Where the goods are acquired for the purpose of a business, the Consumer Guarantees Act shall NOT apply.
7.2 H & P Technologies shall not be liable for any consequential loss or losses resulting from any defect or failure of the goods or accidental damage, or special damages under any circumstances whatsoever.
7.3 In lieu of any warranty condition or liability implied by law, H & P Technologies liability in respect of any defect or failure of the goods or for any loss, injury or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal and proper use and maintenance arising solely from faulty materials or workmanship within the guarantee period stated, or otherwise within 12 months of the date of supply, provided always, that such defective parts are promptly returned to H & P Technologies.
7.4 H & P Technologies liability under this contract and the warranty in this clause is confined to the purchaser named in this contract.
7.5 Where the purchaser does not acquire the goods, or holds itself out as acquiring the goods, for the purchase of a business then these conditions must be read subject to the provisions of the Consumers Guarantees Act 1993 which shall have full force and effect notwithstanding any contrary or inconsistent provisions in these conditions.
8. Errors or Omissions
Clerical errors or omissions, whether in computation or otherwise in any quotation acknowledgments or invoices, shall be subject to correction.
9. Force Majeure
H & P Technologies shall not be liable to the customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruption of or delay in transportation or any other cause beyond H & P Technologies control.
10. Proper Law
The contract and these conditions of sale shall be governed by New Zealand and the New Zealand Courts shall have exclusive jurisdiction in connection herewith.
