For better pricing on bulk purchasing, please contact sales@cleanchem.co.nz or call 0800 357 242
1. Definitions

1.1    “Company” shall mean CLEAN CHEM NZ LIMITED, or any agents, employees, successors or assigns thereof.

1.2    “Customer” shall mean the entity or person (or any person acting on behalf of and with the authority of such entity or person) who buys or agrees to buy either Goods or Services. If the Customer includes two or more persons, those persons’ liability is joint and several.

1.3    “Goods” shall mean any Goods supplied by the Company to the Customer and where the context so permits shall include any supply of “Services” which includes any advice or recommendations

1.4    “Price” shall mean the cost of the Goods as determined by the Company and any other amounts owing to the Company by the Customer.

 

2. General

2.1 This contract shall be subject to the laws and statutes of New Zealand and subject to the jurisdiction of the court geographically closest to the physical address of the Company.

2.2 The Company may assign or transfer all or any part of its rights or obligations under this contract without the Customer’s consent.

2.3 The Company’s failure or delay in exercising or enforcing any right it has under this contract shall not operate as a waiver of the Company’s rights to exercise or enforce such rights or any other rights in the future.

 

3. Acceptance

3.1 Any instructions received by the Company from the Customer for the supply of Goods and Services shall constitute acceptance of this contract.

 

4. Consumer Guarantees Act 1993 & Fair Trading Act 1986

4.1 Where Goods are supplied for the purposes of a business, the Customer agrees that the Consumer Guarantees Act 1993 shall not apply. Where the Customer purchases Goods for re-supply, the Customer’s contract must contain an equivalent provision to this clause.

4.2 Nothing in this contract is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 except to the extent permitted by statute.

 

5. Price

5.1 The Price of the Goods shall be as shown on the Company website and is exclusive of Goods and Services Tax, all delivery costs and any other applicable taxes, duties, charges and costs which are payable in addition to the Price before delivery.

 

6. Payment

6.1 Unless otherwise agreed in writing by the Company, The Company requires payment of one hundred percent (100%) of the Price upon placement of an order for Goods.

6.2 Payment must be made by direct deposit to the Company nominated bank account before Delivery.

 

7. Privacy Act

 7.1 The Customer acknowledges that personal information collected or held by the Company is provided and may be held, used and disclosed for the following purposes:

 a) administering, whether directly or indirectly, the Company’s contracts and enforcing the Company’s rights thereunder; and

 b) marketing Goods to the Customer; and

 c) enabling the Company to communicate with the Customer for any purpose.

 7.2 Where the Customer is an individual the authorities under clause 7.1 are authorities or consents for the purposes of the Privacy Act 1993.

 7.3 The Customer has the right under the Privacy Act 1993 to obtain access to and to request correction of any personal information concerning it held by the Company.

 

8. Delivery

8.1 Delivery of the Goods shall be deemed to be completed when:

a) The Company or the Company’s agent, gives possession of the Goods directly to the Customer, or

b) possession of the Goods is given to a carrier, courier or other bailee for the purpose of transmission to the Customer.

8.2 Where the Customer does not take delivery of the Goods by the delivery date specified the Customer shall:

a) pay a redelivery fee; and

b) pay storage costs for the Goods until such time as the Customer accepts the Goods.

8.3 The time agreed for delivery (if any) shall not be an essential term of this agreement unless the parties agree otherwise in writing to make time of the essence.

8.4 In the event that the Company’s third party suppliers are unable to supply Goods to the Company or directly to the Customer, the parties agree that delivery shall be postponed until the third party suppliers can resupply. If

delivery is expected to be postponed for longer than 5 working days, the Company shall reissue the invoice to the Customer extending the payment due date by the length of postponement. This clause shall apply without

prejudice to the Company and shall not, in any way affect the Company’s rights, remedies and limitation of liability, under this agreement with the Customer.

 

9. Defects and Shortages

9.1 Any claim by the Customer as to incorrect performance or breach of this contract must be made to the Company in writing within five (5) working days of delivery (time being of the essence) of the Goods otherwise the Company shall be entitled to presume that the Goods have been delivered in good order and without defect or shortage in quantity.

9.2 In the event the Company agrees that the Goods have not been delivered in good order, or with defect or shortage in quantity then the Company’s liability shall be limited to replacement of the Goods.

 

10. Warranty

10.1 If a warranty is provided to the Company by the manufacturer of Goods, the Company may pass the benefit of the third party warranty (if any) to the Customer.

10.2 To the extent permitted by statute the Company excludes all other representations, warranties (whether express or implied) and liabilities whether in contract,tort, under any other legal principle, or otherwise in connection with Goods or Services.

10.3 The Customer is solely liable to ensure that the Goods as ordered are fit and suitable for the purpose for which they are intended and are of merchantable quality.

 

11. Risk

11.1 The Company does not assume product risk during shipping and delivery unless otherwise stated in writing by the Company to the Customer prior to shipping and delivery.

 

12. Limitation of Liability

12.1 In New Zealand, the Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or impose obligation on the Company which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of such implied warranties, conditions or terms imposed on the Company, its liability shall, where it is allowed, be excluded or if not able to be excluded, only apply to the minimum extent required by the relevant statute.

12.2 The Customer acknowledges and understands that the Company is unable to guarantee supply of all or any of the Goods to be supplied and that it shall not be liable to the Customer, or to any other person, for any loss or damage caused by any delay in delivery however the delay is caused.

12.3 Except as provided for by clause 12.1, the Company shall not be liable towards the Customer (whether incurred by the Customer or another person) for any loss or damage of any kind (arising directly or indirectly from Goods or Services), however caused.

12.4 To the extent permitted by statute if the Company is ever liable to the Customer, or any other person, and it cannot rely on the exclusions or representations, warranties, or liabilities set out in these terms and conditions then the Company’s liability is in all cases limited to either replacement of the Goods or in the sole discretion of the Company, A refund of the purchase Price of the Goods or the fee paid for the Services giving rise to such claim.

12.5 Neither party shall be deemed in default of this contract to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any Act of God, war, terrorism, fire, natural disaster, accident, act of government, strikes, unavailability of material, or any other cause beyond the reasonable control of such party.

 

13. Returned Goods

13.1 No goods will be accepted for return unless by prior arrangement with the Company. Such arrangement will need to be confirmed in writing by the Company.

13.2 Unless the Goods have been returned as a result of an error in supply by the Company and are returned within

14 days of the invoice date in the original condition in which the Goods were delivered, the Company reserves the right to:

a) require the Customer to pay any return freight charge;

b) deduct a 15% restocking fee to cover the cost of repackaging and/or repair and documentation;

c) reject a return where the Goods have been made specifically to the Customers specification;

d) reject a return where Goods have been damaged and are not able to be repaired to a resalable condition; and

e) reject unless the Customer can provide adequate proof of purchase from the Company.

 

14. Intellectual Property

14.1 All copyright, trademarks, patent and intellectual property of any kind provided by the Company shall remain the property of the Company and shall only be used by the Customer for the use for which they were intended or supplied.