BIG RIVER GROUP (NZ) LTD TERMS AND CONDITIONS
1. DEFINITIONS
1.1 “Plytech” shall mean Big River Group (NZ) Ltd trading as Plytech.
1.2 “Customer” shall mean the Customer purchasing Goods from Plytech.
1.3 “Goods” shall mean all Goods supplied by Plytech to the Customer.
2. COLLECTION AND USE OF INFORMATION
2.1 The Customer authorises Plytech to collect, retain and use any information about the Customer, for the purpose of complying with its obligations under these Terms, enforcing any rights under these Terms, or marketing any Goods provided by Plytech to any other party or any other products or services which may be supplied by Plytech.
2.2 The Customer authorises Plytech to disclose any information obtained to any person for the purposes set out in clause 2.1 and where the Customer is a natural person the authorities under clauses 2.1 and this clause 2.2 are authorities or consents for the purposes of the Privacy Act 2020.
3. RISK AND DELIVERY
3.1 The Goods remain at Plytech’s risk until delivery to the Customer. The Customer bears the responsibility for insurance of the Goods from delivery.
3.2 Plytech may deliver the Goods by instalments.
3.3 Delivery of Goods shall be deemed complete when Plytech gives possession of the Goods directly to the Customer or possession of the Goods is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
3.4 The time agreed for delivery shall not be an essential term of these Terms. Plytech will not be liable for any loss or damage incurred as a result of late delivery. Late delivery will not entitle the Customer to cancel any order or part order.
3.5 If the Customer delays delivery, Plytech is entitled to charge the Customer such storage charges as Plytech considers appropriate without prejudice to Plytech’s other rights and remedies.
4. DISPUTES AND RETURN OF GOODS
4.1 The Customer must inspect all Goods immediately on delivery.
4.2 No claim relating to Goods will be considered unless made to Plytech within seven (7) days of delivery.
4.3 The Customer is liable for any freight and insurance costs of returns.
4.4 Plytech will not accept returns of special or indent orders without prior approval.
5. LIABILITY
5.1 To the extent permitted by law (and subject any contrary provision of these Terms) Plytech shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Goods by Plytech to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by Plytech to the Customer.
5.2 To the extent permitted by law the Customer shall indemnify Plytech against all claims and loss of any kind whatsoever however caused or arising (and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Plytech or otherwise) brought by any person in connection with any matter, act, omission, or error by Plytech its agents or employees in connection with the Goods.
5.3 If, contrary to the previous clauses Plytech is found to be liable to the Customer then (subject any contrary provision of these Terms) Plytech’s aggregate liability shall be limited to the purchase price of the Goods or the actual loss or damage suffered or in its aggregate to $500.00, whichever is the lesser.
5.4 Plytech provides all advice, recommendations, information and services in good faith. Plytech will not be responsible or liable for any loss or damage suffered by the Customer due to reliance on any such advice, recommendation, information and services. It is the Customer’s responsibility to seek professional advice as appropriate.
6. WARRANTIES
6.1 No representation, condition, warranty or promise expressed or implied by law or otherwise applies to the Goods except:
6.1.1 Where implied by statute (as referred to in clause 7); or
6.1.2 Where a separate express warranty is provided.
6.2 Where a separate warranty applies to the Goods this will be subject to any specific terms of that warranty provided to the Customer or contained on Plytech’s website.
6.3 Where the Customer is claiming against Plytech in respect of damage to Goods, the Customer will:
6.3.1 Where the damage is apparent on delivery write the details of such damage on the consignment note and request the delivery person to countersign those details;
6.3.2 Notify Plytech within 7 days of discovery of such damage; and
6.3.3 Unless otherwise requested by Plytech, hold such Goods until Plytech inspects them.
6.4 To the extent permitted by law any express or implied warranty or guarantee given by Plytech will not apply if:
6.4.1 The defect is caused by abnormal external influences, including mechanical abrasions, falling objects, damage during transport, storage or installation, explosion, fire, harmful gases or funds, water, chemicals and foreign substances;
6.4.2 The Goods have been used for any purpose other than the purpose for which they are intended, or modified without Plytech’s prior written approval;
6.4.3 The damage is caused by accident, negligence or misuse;
6.4.4 The damage constitutes normal wear and tear.
6.4.5 The Goods have been not installed or maintained by qualified personnel in accordance with Plytech’s instructions; or
6.4.6 The Goods have been not stored or cared for in accordance with Plytech’s instructions.
7. IMPLIED TERMS
7.1 Where the Customer acquires the Goods for the purposes of a business the parties agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply and that it is fair and reasonable that they do not apply.
7.2 Any guarantees implied by the Consumer Guarantees Act 1993 shall be governed by the provisions of that Act.
7.3 Where the Customer acquires Goods from Plytech for the purposes of a business the parties agree that the guarantees contained in the Consumer Guarantees Act 1993 are excluded in terms of section 43 of that Act and that it is fair and reasonable that the guarantees are excluded.
7.4 Where the Customer acquires Goods for the purpose of re-supplying them (in the form in which they were delivered or otherwise) in trade in New Zealand, the Customer will include in its conditions of sale (and notify its Customers of the effect of) a clause that the Consumer Guarantees Act 1993 will not apply where a Customer of the Customers acquires the Goods for a business purpose and the Customer indemnifies Plytech against all losses, costs, damages or liabilities arising out of the Customer’s failure to take the action required under this clause.
8. MISCELLANEOUS
8.1 Plytech shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control. If the delay or failure continues for more than 30 days, then Plytech may terminate any contract governed by these Terms by giving written notice to the Customer.
8.2 Failure by Plytech to enforce any of these Terms shall not be deemed to be a waiver of any of the rights or obligations Plytech has under these Terms.
8.3 If any provision of these Terms shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
8.4 No variation to these Terms shall be binding unless it is agreed in writing by both parties.
8.5 These Terms record, and any valid amendments or variations to these Terms constitute, the entire agreement between the parties concerning the transaction(s) contemplated by these Terms. These Terms replaces all earlier negotiations, representations, warranties, understandings and agreements, whether oral or written, between the parties relating to the transaction(s) contemplated by this agreement.
8.6 If there is any conflict between these Terms and any terms on any quotation or order confirmation, the express terms contained in the quotation or order confirmation shall prevail (unless agreed otherwise).
8.7 These Terms may be amended and/or replaced by Plytech from time to time with such changes being posted on Plytech’s website. These changes shall be deemed to take effect from the date on which the Customer requests further Goods from Plytech.
8.8 These Terms will be governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.