These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Fusamat (“Our”, “Us”, “We”, or “Fusamat”) by you (“You” or “Customer”) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Fusamat (including an order) are hereby objected to and will not bind Fusamat unless Fusamat agrees in writing. No sales person, representative or agent is authorised by Fusamat to give any guarantee, warranty or representation in addition to, or contrary to these terms. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1. Sales and Purchase
1.1 Your placement of an order with us (“Order”) constitutes an offer by you to purchase goods from us on these terms. The Order is placed when it is submitted to us.
1.2 The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on our website. Delivery of goods constitutes notice of our acceptance of the order.
1.3 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
2. Price and price variation
2.1 Prices quoted are GST inclusive unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time without notice. Prices do not include any delivery fees. We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order.
3.1 Fusamat reserves the right to suspend delivery of further goods if the terms of payment are not strictly adhered to by the Customer.
3.2 Interest may be charged on overdue accounts at a rate of 2.5% over bank rate.
3.3 Any expenses, costs or disbursements incurred by Fusamat in recovering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer.
3.4 You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
3.5 Unless otherwise agreed, the purchase price shall be paid to Fusamat at its address by the 20th of the month following the month in which the invoice was dated. Payment will not be accepted by any means other than cash, direct credit , Papal or direct debit.
3.6 If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as provided in 3.5. Payment of the disputed portion may be withheld provided the matter is brought to Fusamat’s attention immediately it is discovered and a letter of explanation setting out the particulars of the dispute is sent to Fusamat within seven days of the dispute arising.
3.7 The Business Account Customer shall not be liable for any indebtedness arising from the fraudulent use of the account provided that the Customer must on discovering the fraudulent use of the account immediately notify Fusamat of such fraudulent use. The burden of proving such use was fraudulent shall lie with the Customer.
3.8 The Business Account Customer shall endeavour to return all goods acquired by fraudulent use.
4. Customer’s Liability & Default
4.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it,
Fusamat (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Fusamat may otherwise possess.
5.1 Fusamat shall deliver the goods to the address stated on the order or as agreed by Fusamat in writing.
5.2 Fusamat shall deliver the goods by such carrier and such form of transport Fusamat consider to be appropriate.
5.3 The Customer agrees to inform Fusamat within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with Fusamat for proof of delivery.
5.4 Fusamat will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Fusamat’s control. Fusamat shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
6. Privacy Act 1993
6.1 The Customer authorises Fusamat to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) assessing the Customer’s creditworthiness.
(b) disclosing to a third-party details of this application and any subsequent dealings it may have with Fusamat for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by Fusamat to the Customer.
6.2 The Customer, if an individual, has a right of access to information about the Customer held by Fusamat. The Customer may request correction of that information and may require that the request be stored with that information. Fusamat may charge reasonable costs for providing access to that information.
7. Intellectual Property
7.1 Where Fusamat has followed a design or instruction furnished by or given by the Customer, the Customer shall indemnify Fusamat against all damages, penalties, costs and expenses of Fusamat or in respect of which Fusamat may become liable through any work required to be done in accordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.
7.2 Should Fusamat be required to match any shade or colour, a light and dark tolerance shall be allowed to such an extent as shall be agreed by Fusamat and the Customer at the time the standard colour is specified and in the absence of any agreement a reasonable tolerance shall be allowed.
7.3 All information prepared by Fusamat including, without limitation, customised pricing, proposals, reporting, electronic catalogues, website content, and details of improvements and cost reductions, is the intellectual property of Fusamat and cannot be copied, altered or distributed without Fusamat’s prior written consent. Fusamat will not be liable for any alterations made by you.
8. Return of Goods
8.1 Subject to clause 10.1, Fusamat will not accept the return of goods for credit or any other purpose unless Fusamat agrees to accept the return of the goods and advise the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit within 14 days of delivery, unless due to Fusamat’s error. Fusamat reserves the right to charge for returned goods, excepting for when there has been an error on Fusamat’s part.
8.2 No returned goods shall be accepted by Fusamat (even if Fusamat agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to in clause 8.1. Where goods are returned to fusamat but not accepted as above, they shall be returned to you at your expense.
9.1 Risk in the goods shall pass to you at the time when our obligations under the contract are deemed under clause 4 to be completed.
10. Guarantees – Money-Back Guarantee
10.1 Fusamat offers a money-back guarantee on most products purchased from our catalogue and returned within 14 days of delivery in the original condition and packaging. This money-back guarantee excludes goods expressly sold on a non-return basis and non-standard products sourced specifically for you. Delivery charges will not be refunded and in some instances you may be charged for collection.
Defective / non-conforming goods
10.2 Subject to the money-back guarantee in clause 10.1, where the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
10.3 Subject to the money-back guarantee in clause 10.1, the following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) defective goods or goods which do not comply with the contract may at Fusamat’s discretion be repaired or replaced, or the price refunded.
(b) any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies Fusamat in writing within fourteen days following delivery and Fusamat is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) Fusamat will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
10.4 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
11. Governing Law
11.1 These terms of trade are governed by the laws of New Zealand.
11.2 Fusamat and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.
By Signing this you acknowledge and agree to our Term and Conditions
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