Share this news postcommented on ""/terms-and-conditions-of-trade
Terms and conditions of trade
TERMS AND CONDITIONS OF TRADE
These Conditions of Sale shall apply to all goods("the Goods") supplied by Laser Innovations Ltd
(together with its agents, administrators and assigns "Laser Innovations Ltd ") to the addressee of this
document (together with its agents, administrators and assigns "the Customer") and shall prevail over
any Customer's terms and conditions of sale.
Notwithstanding clause 1.A, Laser Innovations Ltd may by written notice to the Customer alter or replace these Conditions of Sale. All orders placed subsequently by the Customer shall be upon the altered or replaced Conditions of Sale.
PRICE AND TERMS OF PAYMENT
Payment shall be made without deduction or set-off on purchase (time being of the essence) unless the
Customer has a trading account with Laser Innovations Ltd. If a trading account is held by the Customer,
then payment shall be made without deduction or set-off no later than the 20th of the month following the
date of purchase.
In addition to the price stated, the Customer shall pay GST, any other taxes or duties, insurance, freight
and handling charges in relation to the sale and delivery of the Goods all of which shall be added to the
price and payable by the Customer.
In the case of Goods specially imported or brought in or procured on behalf of the Customer the price
noted on the order is based on the cost of the Goods to Laser Innovations Ltd at the date of the order
and any subsequent increase in the cost to Laser Innovations Ltd of supplying the Goods shall be paid
by the Customer in addition to the price and the increased price shall become the price for all purposes
relating to the sale.
Laser Innovations Ltd reserves the right to charge interest on the overdue amounts at the annual rate of interest that Laser Innovations Ltd would normally be charged by Laser Innovations Ltd trading bank plus 1.5% per annum on any part of the purchase price unpaid after the 20th day of the month following the
date of purchase.
Laser Innovations Ltd prices shown are exclusive of Goods and Services Tax and are subject to change
without prior notice. The onus is on the Customer to confirm prices prior to delivery.
If the Goods are exported the price and other monies, due by the Customer shall be paid in New Zealand
The right to restrict or withhold the sale of further goods on credit is reserved where Laser Innovations
Ltd has reason to doubt the Customer's ability to pay for such purchases.
In any case where Laser innovations Ltd has incurred any expenses, costs, disbursements or other sums
reasonably incurred in the recovery of any outstanding amounts due to Laser Innovations Ltd, including
debt collection, agency fees and legal costs as between Solicitor and own client, then in every such case
and for every cost or expense the Customer shall upon demand refund the same to Laser Innovations
Ltd. Such amounts shall carry interest at the rate specified in clause 2. D. if unpaid within one week of
demand having been made.
RETURN OF GOODS FOR CREDIT
Laser Innovations Ltd cannot accept return of any Goods unless its' written permission has been first
obtained, in which case same will be credited subject to the following:
All Goods returned must, on its arrival at Laser Innovations Ltd premises, be found to be in first class
condition and suitable for resale and in original packaging. If Goods are not found in such condition
then the cost of putting the Goods in such condition will be deducted from credit memoranda.
A handling charge deduction of twenty percent (20%) will be made from all credit memoranda issued
for material returned; and
Transportation charges, if not prepaid, will be deducted from credit memoranda.
Proof of purchase, either invoice or packing slip number must be provided.
Goods specially imported or brought in or procured on behalf of the Customer cannot be returned except
with prior written approval from Laser Innovations Ltd and then only on such terms and conditions as
Laser Innovations Ltd may agree.
Laser Innovations Ltd shall not be liable for delay in complying with its responsibilities or obligations
under this contract caused in whole or in part by force majeure which for the purposes of this contract
shall include (but not be limited to) acts of God, natural disasters, strike, lock-out, fire, war, civil
commotion, Court order, inability to obtain materials or goods including export or import bans or any
other cause beyond the control of Laser Innovations Ltd.
Laser Innovations Ltd reserves the right to withdraw or refuse credit for any reason at any time.
WARRANTIES AND LIABILITIES
Laser Innovations Ltd makes no representations and gives no assurance, condition or warranty of any
kind to the Customer (including any assurance, condition or warranty implied by law to the extent that
such assurance, condition or warranty can be excluded) in relation to the Goods and accepts no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these
Terms and Conditions of Trade or other writing given by Laser Innovations Ltd to the Customer. The
Customer specifically acknowledges that it is acquiring the Goods for business purposes and that the
provisions of the Consumer Guarantees Act 1993 are excluded.
Laser Innovations Ltd will replace with reasonable dispatch any Goods containing any manufacturing
defect and/or faulty material which under proper and normal conditions of storage or use are revealed
and notified to Laser Innovations Ltd in writing within 7 days of the date the Goods are despatched from
the offices of Laser Innovations Ltd.
Laser Innovations Ltd obligations under this warranty are limited to
replacing any Goods which in Laser Innovations Ltd opinion are defective. Before replacement Laser
Innovations Ltd may require the defective Goods to be returned to Laser Innovations Ltd premises
together with proof of purchase. This warranty does not extend to Goods specially imported or brought in
or procured on behalf of the Customer, sale Goods,
specials or obsolete lines or part cartons.
The warranty contained in clause 6. B. does not cover failure of the Goods caused by accidental
damage, using the Goods contrary to the operating instructions, misuse by the Customer, and neglect by
the Customer or normal wear and tear.
The warranty contained in clause 6. B. does not extend to work being done on the Goods once they have left Laser Innovations Ltd premises.
Further the warranty contained in clause 6. B. does not apply if at any time parts of the Goods are
replaced with a part or parts supplied by any person not authorised by Laser Innovations Ltd.
The benefit of the warranty contained in clause 6. B. is personal to the Customer and is not assignable.
Laser Innovations Ltd will not, in any circumstances, be liable for any deficiencies, damaged or faulty
Goods or errors in despatch:
Where the Customer or any person on the Customer's behalf has signed for receipt of the Goods in good order; or
Which would have been apparent by inspection on delivery.In other circumstances Laser Innovations Ltd will not be liable unless written notice of the deficiency,fault, damage or error is given to Laser Innovations Ltd within 7 days of the date the Goods are despatched from the offices of Laser Innovations Ltd.
The Customer's remedies in respect of any claim against Laser Innovations Ltd are limited to the
remedies set out in clause 6. B.. Laser Innovations Ltd shall not be liable (whether before or after
completion of any contract for the supply of any Goods) for any loss or damage arising from, caused by
or due to any negligence of the Laser Innovations Ltd Supplies representatives, servants or agents.
Laser Innovations Ltd shall not be liable for any special, incidental, indirect or consequential loss or
damage which may result from or relate to a breach by Laser Innovations Ltd of any of its obligations or a breach of any of the Customer's rights.
None of Laser Innovations Ltd employees, agents or independent contractors shall in any circumstance
be under any liability of any kind to the Customer for any loss or damage whether arising or resulting
directly, indirectly or consequentially from any act, neglect or default on their part. Every exemption,
limitation, condition and right expressed or implied in these Terms and Conditions of Trade on the part of
Laser Innovations Ltd or in favour of Laser Innovations Ltd shall extend to protect all of its employees,
agents and independent contractors.
RISK AND TITLE
The Customer carries the full risk in the Goods from the date of their delivery by Laser Innovations Ltd.
The Goods shall remain the absolute property of Laser Innovations Ltd as legal and equitable owner until
the Customer has received payment for the Goods and for any interest, costs, expenses or other sums to which Laser Innovations Ltd is entitled pursuant to these Terms and Conditions of Trade (all of which are together called "the amount owed"), notwithstanding the appropriation of the Goods to this contract or the delivery of the Goods.
Until payment in full of the amount owed and while the Goods are in the possession or control of the
Customer. The Customer shall:
Keep the Goods in a good condition and in a secure manner;
Insure the Goods with a reputable insurance company for their full replacement value;
Keep the Goods separate and readily identifiable and not remove or obscure any brand name, marking
or other means of identification appearing on the Goods or any packaging.
Until Laser Innovations Ltd has received payment of the amount owed, the Goods are supplied to and
shall be dealt with by the Customer only as a fiduciary agent and/or bailee of Laser Innovations Ltd and it shall be the duty of the Customer to account to Laser Innovations Ltd for the proceeds of any sale or
disposition of the Goods to a maximum of the amount owed. The Customer shall ensure that any
proceeds are paid into a separate bank account that does not have a debit balance at the time the
proceeds are deposited to it so that the proceeds are identifiable and traceable. If the Customer sells or
trades the Goods the Goods will be sold at market value as fixed by this agreement on account of Laser
While the Customer shall deal as principal and Laser Innovations Ltd shall not be liable to any person
with whom the Customer deals nevertheless the Customer shall hold the entire proceeds of sale or other
dealing in respect of the Goods in trust for Laser Innovations Ltd.
Until such time as Laser Innovations Ltd has received payment in full of the amount owed Laser
Innovations Ltd may give notice in writing to the Customer to return Goods or any of them to it. Upon
such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease.
The Customer hereby irrevocably authorises Laser Innovations Ltd immediately upon either default in
payment of the amount owed or in breach of any other terms of this contract, without the necessity of
giving notice, to enter on and into any property or premises owned or occupied by the Customer to
search for and remove all or any of the Goods, and to sell or otherwise dispose of the Goods removed
and credit the sale proceeds towards the amount owed. If all or any of the goods are wholly or partially
attached to, intermingled with or incorporated in any other Goods, Laser Innovations Ltd may in its sole
discretion disconnect, retrieve or sever the Goods, in order to remove them. Laser Innovations Ltd shall
not be liable for any loss or damage caused to or liability incurred by the Customer in exercising its
rights under this clause and the Customer hereby indemnifies and shall keep indemnified Laser
Innovations Ltd for any claims for loss or damages that may be made against Laser Innovations Ltd as
a result of the exercise by Laser Innovations Ltd of its rights pursuant to this clause.
The Customer shall not charge the Goods in any way nor give any interest in the Goods while they
remain the property of Laser Innovations Ltd.
The foregoing provisions shall not entitle the Customer to return the Goods without demand from Laser Innovations Ltd
If at the time of any default by the Customer either in payment of the amount owed or in observance of any other terms of this contract or upon the appointment of a Statutory Manager to, or the receivership,
liquidation, or bankruptcy of, or making of a scheme or arrangement by, the Customer:
All or any of the Goods have been sold or otherwise disposed of by the Customer for valuable
consideration, or so as to create a debt owed to the Customer, then the Customer hereby assigns all
legal and equitable title to that consideration and./or debt to Laser Innovations Ltd and authorises Laser Innovations Ltd to act in all respects as the Customer in obtaining and realising that consideration
and/or debt, and in crediting the sum obtained towards the amount owed;
All or any of the Goods have been lost, damaged or destroyed in circumstances that entitle the
Customer to claim reimbursement pursuant to any insurance policy, then the Customer hereby
authorises Laser Innovations Ltd to act in all respects as the Customer in making or pursuing the claim, and hereby assigns to Laser Innovations Ltd all legal and equitable title to the proceeds of the claim, which proceeds are to be credited towards the amount owed.
If any part of this clause 7 is void or unenforceable against any creditor, Statutory Manager, receiver or
liquidator or Official Assignee in bankruptcy of the Customer only that part of this clause shall be void or
unenforceable, and it shall be severed from this clause leaving the remaining provisions in full force and
All Goods returned for repair or replacement whether returned pursuant to clause 6. B. or not shall be
accompanied by a written report detailing the faults in the Goods. If there is no written report Laser
Innovations Ltd shall test the Goods and a testing fee shall be paid by the Customer. The invoice
number relating to the product must be quoted. The Customer must obtain an authorisation number from
Laser Innovations Ltd to return the Goods before doing so. The Customer shall pay the costs of any
repairs, even for Goods returned for repair or replacement pursuant to clause 6. B., if they have been
returned and in the opinion of Laser Innovations Ltd have while not in possession of Laser Innovations
Ltd been misused or suffered physical damage.
All Goods purchased will be subjectto freight charges. Goods will normally be despatched by overnight
courier or parcel freight unless prior arrangements have been made. Please specify on your order.
Laser Innovations Ltd shall use its best endeavours to meet the Customer's required delivery date but
will not be responsible for any loss or damage (in either case, of any kind and whether direct, indirect or
consequential) arising from any delay in the delivery of the Goods for any reason beyond Laser
Innovations Ltd reasonable control.
Any claim by a Customer that Goods were short supplied, missing or damaged must be made within
seven (7) days from the date the Goods are despatched from the offices of Laser Innovations Ltd
otherwise the Customer acknowledges that Laser Innovations Ltd is not required to accept any claim.
PERSONAL PROPERTY SECURITIES ACT 1999
The Customer acknowledges that these Terms and Conditions of Trade create a security interest in all
present and after acquired Goods and any proceeds of the sale of the Goods as security for all of the
Customer's obligations to Laser Innovations Ltd pursuant to the Personal Property Securities Act 1999
("the PPSA") and that Laser Innovations Ltd may register a financing statement to perfect its security
interest in the Goods delivered or to be delivered to the Customer in accordance with the provisions of
The Customer shall provide all information, execute or arrange for execution of all documents and do all
other things that Laser Innovations Ltd may require to ensure that Laser Innovations Ltd has a perfected
first ranking security interest in the goods under the PPSA.
The Customer waives its rights to receive a verification statement in respect of any financing statement
or financing change statement registered by or on behalf of Laser Innovations Ltd under the PPSA and
agrees that as between Laser Innovations Ltd and the Customer the Customer will have no rights under
(or by reference to) sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131, 132, 133 and
134 of the PPSA and where Laser Innovations Ltd has rights in addition to those in part 9 of the PPSA,
those rights shall continue to apply.
The Customer shall immediately upon request by Laser Innovations Ltd, procure from any person
considered by Laser Innovations Ltd to be relevant to its security position such agreements and waivers
as Laser Innovations Ltd may at any time require. The Customer shall immediately notify Laser
Innovations Ltd of any change in the Customer's name, address details and any other information provided to
Laser Innovations Ltd to enable Laser Innovations Ltd to register a financing change statement if required.