The terms and conditions below are considered standard and apply to all sales unless stated in writing from Growler Tools.
1. Prices
All prices are based on the following:
Prices are displayed on the website exclusive of GST.
Validity for stock items is 30 days (subject to prior sale).
Exchange rate for indent items is calculated on the day of quotation. Growler Tools reserve the right to amend final pricing to the exchange rate on the day payment is due.
Delivery times for indent items are based on information from the manufacturer to Growler Tools and are passed on in good faith. Growler Tools cannot be held liable for delays or cancellations, unexpected or otherwise that are beyond their control.
Specifications. All manufacturers reserve the right to alter specifications. It is up to the buyer to satisfy themselves of the product specifications and suitability for their application.
Installation, unloading, unpacking, assembly, training or service costs are not included. These are the sole responsibility of the customer.
Guarding of the work stations and feeding systems cannot be considered the responsibility of Growler Tools. It is the responsibility of the purchaser to satisfy OSH regulations
2. Payment
Standard terms are as set out on the invoice. All charges to account are payable within 7 days of date of invoice.
Interest at a rate of 2.5% per month may be charged on any amount owing after the due date. All debt collection charges will be payable by the customer in default of payment. This may include any debt collection agency fees, court costs and or solicitor’s fees.
The customer may not counter claim or off-set payments due to Growler Tools. Title or Ownership of the goods remains the property of Growler Tools until paid in full.
3. Delivery
The responsibility and transit liability of the goods will pass to the purchaser immediatly on leaving Growler Tools premises. All transport related costs are the purchasers’ care.
In the unfortunate case of missing or damaged goods Growler Tools will provide proof of despatch. It is the customers responsibility to follow up damaged or missing goods directly with the transport company.
4. Claims/Returns
All claims and missing items are to be reported within 14 days of receipt of the goods. No goods will be accepted for return (credit) without the express permission of Growler Tools.
Indent and procured items cannot be returned for credit. In the case of goods being accepted for return a restocking fee of 15% may apply.
Goods returned for credit must be returned to Growler Tools in original and unused condition. All freight costs for returned items are the responsibility of the customer.
5. Specification Accuracy
Every effort has been made to ensure the specification and features of items on the website and quotations are correct and up to date. However, Growler Tools does not guarantee it and reserves the right to modify those specifications without further notice.
6. Limitation of Liability
Growler Tools shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of the seller’s obligations or in tort.
Where Growler Tools is liable to the customer, the maximum cost of any liability shall not exceed the value of the goods or services provided. If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of this agreement remains in force.
7. Privacy Act 1993
The customer permits the seller to collect, use and retain any information concerning the customer, for the purpose of assessing the customer’s credit worthiness, to enforce any rights under this contract, or the marketing of any goods & services provided by the seller to any other party. The customer permits the seller to disclose information obtained to any person for the above purposes.
8. Personal Property Securities Act 1999
The customer agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms are defined in the Personal Property Securities Act 1999 (“PPSA”)) in respect of which the seller may register a financing statement on the Personal Property Securities Register.
9. Jurisdiction
The contract shall in all respects be deemed to be a contract made in New Zealand and the validity, construction and performance of the contract shall be governed by New Zealand law.
10. Acceptance
Any instructions received by Growler Tools from the customer for the supply of goods shall constitute acceptance of the terms and conditions. The seller reserves the right to review and change these terms and conditions at any time. Our current terms and conditions can be found on our website www.rontgen.co.nz/terms