Please read our terms and conditions of trade. They are important in setting out the obligations of Yarder Parts New Zealand Limited (hereinafter referred to as “The Company”) to you, and your obligations to The Company
1. Subject to clause 2, all goods must be paid in full before delivery
2.You must pay us the price of the goods supplied by the 20th of the month after the goods are shipped or given to you. If you do not pay or pay late you will be in breach of the contract.
3.If you do not pay us the money when it is due, you must pay us interest on the money you owe us from the due date until you pay it, at a rate of 4% per year above the overdraft rate we pay to our Bank. Your promise to pay us interest under this paragraph does not affect any other rights we may have when you do not pay.
Title and Risk
4.Risk in the goods passes to the Buyer on Delivery
5.Ownership in the goods shall not pass to the Buyer until all money owing by the Buyer to The Company (whether under this agreement or otherwise) has been paid in full.
6.If any part of the goods shall become incorporated into any other machinery, plant or equipment so as to lose its separate identity then the title of that proportion of the machinery so integrated equal in value to the contract price owed to the Company shall be reserved and vested in The Company until all money the Buyer owes to The Company (whether under this Agreement or otherwise) has been paid in full.
7.The Company will make every effort to complete delivery or installation on the date agreed by The Company. The Company shall not be liable for late delivery or consequential damages of any kind arising out of late delivery nor will The Company accept cancellation of any order because of late delivery.
8.Subject to the Consumer Guarantees Act 1993, no warranty or condition express or implied shall be implied herein against The Company by Statute, Common Law or otherwise howsoever and no representation or express condition or warranty shall be binding on the Company unless it be in writing or signed for or on behalf of The Company
9. In any case of liability on the part of The Company arising from breach of contract The Company shall be under no liability for damage or consequential loss to the Buyer or any other party arising from such breach.
Return of Goods for Credit
10.Refunds are not available for goods that are sold as described. Please make completely certain the item selected is an exact match by machine make and model. Refunds are not available for goods that the buyer deems unsuitable but would have been suitable if the correct make and model particulars had been supplied correctly to The Company.
11. No goods will be accepted for return and credit without the prior written authority of The Company and then only on such terms and conditions as The Company may agree.
12.All goods accepted by The Company for credit must be delivered at the Buyer’s expense in original condition and packaging and are subject to The Company’s inspection upon receipt.
13.Credit will not be given for damaged or used goods