| 1 |
"Newroc" means Newroc Limited; "Suppliers" mean Newroc's suppliers; "You" means customer, |
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reseller, distributor; "Products" means goods and services supplied by Newroc Limited |
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| 2 |
Prices are subject to change without notice. |
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| 3 |
Newroc reserves the right not to accept any order or to fulfill any order in part or instalment, in |
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which case each instalment will constitute a separate contract and shall be paid for as if it were a |
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separate order |
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| 4 |
Newroc is not liable for orders that we cannot fulfill due to causes beyond our control or for |
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incomplete or inaccurate information supplied by you. |
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| 5 |
You assume responsibility for risk of loss in the Products when the Products leave Newroc's |
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distribution facility. |
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| 6 |
All claims for shortage or damage during delivery must be made to the carrier within 7 days of the |
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date of delivery. |
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| 7 |
Where you ask to deliver goods directly to another person, that person takes possession of goods |
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for you as your agent, but you are still responsible to us under these terms of trade. |
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| 8 |
Products must be paid for in cash or by credit card before supply unless Newroc agrees to extend |
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credit to you. |
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| 9 |
Where we have agreed in writing to extend credit to you, you must pay in full, whichever as agreed |
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in writing by us, within 7 days of supply or by the 20th of the month following the dispatch of an |
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invoice. Your payment is made only when funds are fully cleared through the banking system into |
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our bank account. |
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| 10 |
Ownership and title of invoiced goods do not pass to you until paid for in full to Newroc Limited |
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All accounts are payable on due date. If payment is not made in full by the due date, Newroc is |
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entitled to charge you interest on unpaid balance at the rate of 3% per month, compounding |
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monthly, on the unpaid balance owing on the first day of each month until payment in full is |
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received by us, and we may charge you costs (including collection costs, legal costs on a |
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solicitor-client basis) and suspend delivery of further Products until the account is paid. |
| 11 |
All payments shall immediately become due if you refuse to accept delivery of our Products, or if |
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we reasonably believe that the information you have given us in your application for credit is |
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incorrect or no longer correct, or you have failed to give us correct information satisfactorily within |
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5 days of our request, or if you sell or dispose of any goods which have not been paid for without |
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our consent, or if you become insolvent, commit any act of bankruptcy, or if a receiver, liquidator |
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or statutory manager is appointed over any of your assets or undertaking, or if you make an |
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arrangement or composition with creditors. |
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| 12 |
Products sold are not returnable or refundable. |
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| 13 |
Products are subject to the manufacturers' warranties only. |
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| 14 |
Proof of purchase, such as a Bill of Sale or receipted invoice that indicates the unit is within the |
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warranty period is required to obtain warranty service. |
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| 15 |
Any liability arising from the Products shall be limited to the price of the particular product. |
| 16 |
The terms and conditions od sale in this document shall be ruled by the laws of New Zealand. |
| 17 |
All intellectual property shall remain the property of Newroc or the Suppliers of the Products. |
| 18 |
You must not use any trade marks which are the property of Newroc or its Suppliers, or any |
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similar words or marks, or any combination of words which includes any of those trade marks |
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or any similar words or marks, unless authorised by Newroc. |
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| 19 |
You agree to ensure that all confidential information given by Newroc to you is made available to |
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your employees only on the basis that those employess at all times maintain strict confidentiality. |
| 20 |
Newroc reserves the right to change these terms and conditions at any time. |
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| 21 |
Failure by Newroc to enforce any terms or to exercise its rights under these terms at any time |
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does not constitute waiver of those rights. |
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