Terms of Trade of New Trend Distribution Limited
- Introduction
These Terms of Trade (“Terms”) govern the sale of goods by New Trend Distribution Limited (“the Company”), located in New Zealand.
Company Number: 9003955, NZBN:9429051739065.
By ordering goods from the Company, the Customer agrees to be bound by these Terms.
- Order Acceptance
All orders are subject to acceptance by the Company. An order is considered accepted when the Company confirms the order in writing or commences fulfilment.
- Pricing and Payments
Prices are quoted in New Zealand or Australian dollars and exclude Goods and Services Tax (GST), unless otherwise specified.
Payments will be inclusive of GST (accepted price plus GST).
Payment Terms:
Option 1: For direct imports from our South African manufacturing plant.
– Initial Deposit: 50% of the total payment is due on confirmation of the order being placed by the client and accepted by the Company. This initial deposit is mandatory to begin the procurement, manufacturing, and shipping of the ordered goods.
Under no circumstances is this initial deposit refundable. This policy applies regardless of subsequent cancellation, modification, or change of terms by the client after order confirmation.
– 25% is due on delivery of the products FOB (Free on Board), as evidenced by the Bill of Lading.
– The remaining 25% is due prior to delivery and handover of possession of the product to the client.
Option 2: Product purchases drawn from inventory located within the country of delivery.
– Initial Deposit: 50% of the total payment is due on confirmation of the order being placed by the client and accepted by the Company. This deposit is used to reserve and allocate inventory for the client.
This deposit is strictly non-refundable under any circumstances, including but not limited to order cancellation, changes by the client, or any other alterations after the order is confirmed.
– The remaining 50% is due prior to delivery and handover of possession of the product to the client.
Inventory Availability Disclaimer:
The Company makes every effort to maintain adequate inventory levels but cannot always guarantee the availability of any specific product. If a product is unavailable after an order has been confirmed and a deposit received, the Company will promptly inform the customer and offer alternatives, including a substitution of the product or a refund of the deposit for the unavailable items.
Late payments may incur interest at a rate of 2% per month, calculated daily.
- Delivery
Delivery terms are to the Customer’s address as specified in the order, unless otherwise agreed.
The Company will make every effort to deliver goods within the estimated timeframe but is not liable for any delays.
- Risk and Title
The risk of loss or damage to the goods passes to the Customer upon delivery.
Title to the goods passes to the Customer only after full payment has been received by the Company.
- Product Warranties
The Company warrants that the goods will conform to their description and be free from material defects for a period of 12 months from delivery.
The warranty is limited to fixing or replacing defective parts at the Company’s cost.
The warranty will be void if the client:
– Fails to follow the manufacturer’s recommendations of use.
– Uses non-manufacturer attachments or unsupported equipment.
– Ignores written service recommendations.
– Exceeds recommended weight restrictions.
– Shows signs of unusual or grossly negligent use.
The warranty does not extend to other products or vehicles damaged by our products, and the Company has no obligation to fix such damage.
- Health and Safety
The Company prioritizes safety and complies with all applicable health and safety regulations in New Zealand and Australia.
Despite this, the Company is not liable for any injury, death, or damage as a result of the use or misuse of its products when:
– The product has been used in a manner contrary to the manufacturer’s instructions or recommendations.
– The product has been modified, altered, or used in combination with products not manufactured or approved by the Company.
– The product has been subjected to conditions beyond the physical limits or environmental parameters described by the manufacturer.
This limitation of liability is subject to the provisions of the laws of New Zealand and Australia which may impose mandatory responsibilities on the Company that cannot be excluded by contract.
Customers are responsible for ensuring that all individuals using the products are properly instructed in their safe and appropriate use.
- Returns
The Company does not accept returns unless required by applicable New Zealand law.
- Limitation of Liability
The Company’s liability for any loss or damage arising from the supply of goods is limited to the replacement of the goods or the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing or repairing the goods, such decision will be at the sole discretion of the company.
- Force Majeure
The Company is not liable for any failure to perform its obligations if such failure is as a result of Acts of God (including natural disasters), civil unrest, or other causes beyond its control.
- Intellectual property, manufacturing and distribution rights
All intellectual property rights in the goods remain the property of the Company or its licensors. The Customer is granted no rights or licenses in respect of any intellectual property rights.
The Customer further acknowledges the exclusive distribution rights under which the Company acts and operates and the Customer shall not attempt to contact the manufacturer directly or manufacture the same products or import the same products directly.
- Governing Law and Jurisdiction
These Terms are governed by the laws of New Zealand but will respect the mandatory rights provided to consumers under Australian Law for products supplied into Australia.
For sales in New Zealand, the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
For sales in Australia, mandatory provisions of the Australian Law will override any conflicting provisions of these Terms, and the parties agree that any disputes will be subject to the jurisdiction of the courts of the state in which the customer resides.
- Compliance with Local Laws
The Company acknowledges that the sale of goods in New Zealand and Australia is subject to the New Zealand and Australian Law. Nothing in these Terms is intended to exclude, restrict, or modify rights available to consumers under the law.
All product warranties or guarantees provided by the Company will comply with the law and will include any statements required by law to be included in such warranties.
Contact Information
For any inquiries regarding these Terms or orders, please contact:
– Anton Terblanche, Company Director
– Email: anton@newtrenddistribution.co.nz
– Phone: +6421324702