TERMS & CONDITIONS
These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Worx Industries Limited (“Our”, “Us”, “We”, or "Worx Industries") 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 Worx Industries (including an order) are hereby objected to and will not bind Worx Industries unless Worx Industries agrees in writing. No sales person, representative or agent is authorised by Worx Industries 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 & 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.
2. PRICE & PRICE VARIATION
2.1 Prices quoted are including GST 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.
2.2 Worx Industries shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Worx Industries of carrying out the whole or any part of the contract arising from any of the following:
(a) delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer's failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Worx Industries's control;
(b) variation in the cost of Worx Industries acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) any correction of errors or omissions on the part of Worx Industries or any of its representatives.
3.1 Worx Industries 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 Worx Industries 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.
4.1 Worx Industries shall deliver the goods to the address stated on the order or as agreed by Worx Industries in writing.
4.2 Worx Industries shall deliver the goods by such carrier and such form of transport Worx Industries consider to be appropriate.
4.3 The Customer agrees to inform Worx Industries within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with Worx Industries for proof of delivery.
4.4 Worx Industries will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Worx Industries's control. Worx Industries shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
5. PRIVACY ACT 1993
5.1 The Customer authorises Worx Industries 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 Worx Industries for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by Worx Industries to the Customer.
5.2 The Customer, if an individual, has a right of access to information about the Customer held by Worx Industries. The Customer may request correction of that information and may require that the request be stored with that information. Worx Industries may charge reasonable costs for providing access to that information.
6. RETURN OF GOODS
6.1 Worx Industries will not accept the return of goods for credit or any other purpose unless Worx Industries 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 Worx Industries's error. Worx Industries reserves the right to charge a 15% handling & restocking fee for returned goods, excepting for when there has been an error on Worx Industries's part.
6.2 No returned goods shall be accepted by Worx Industries (even if Worx Industries 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 6.1. Where goods are returned to Worx Industries but not accepted as above, they shall be returned to you at your expense.
6.3 Receipt by Worx Industries or by any of our agents or representatives of any goods returned other than in accordance with clauses 6.1 and 6.2 shall not constitute nor be deemed to constitute Worx Industries's acceptance of the return of the goods for credit or any other purpose.
7.1 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.
Defective / non-conforming goods
8.1 The Consumer Guarantees Act 1993 applies to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Worx Industries will repair or replace those goods;
(b) without excluding Worx Industries's obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Worx Industries does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Worx Industries in writing;
(c) if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
(d) if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer's contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods; and
(e) if the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Worx Industries's prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Worx Industries requires, and the Customer agrees to indemnify Worx Industries against any liability or cost incurred by Worx Industries under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
8.2 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 Worx Industries'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 Worx Industries in writing within fourteen days following delivery and Worx Industries 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) Worx Industries 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.
(d) Worx Industries accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
(ii) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Worx Industries in writing; or
(iii) any services forming part of the supply of the goods which have been performed by any third party;
and the Customer agrees to indemnify Worx Industries against any such claim.
(e) in any event, Worx Industries's liability under any claim shall not exceed the price of the goods.
8.3 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.
9. VARIATIONS TO TERMS & CONDITIONS OF TRADE
9.1 Worx Industries may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer.
10. GOVERNING LAW
10.1 These terms of trade are governed by the laws of New Zealand.
10.2 Worx Industries 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.