1.1. “Advance” shall mean Advance International Cleaning Systems (NZ) Ltd
1.2. “Customer” shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing products and services from Advance.
2.1. In the event of Advance granting Credit facilities to the customer then the following terms apply:
2.1.1. Payment for Goods shall be made in full on or before the 20th day of the month following the date of invoice unless duly agreed by the Managing Director in writing. In the case of Machinery sales payment is due in full seven (7) days after invoice date.
2.1.2. Should the customer default in the payment of any monies due to Advance these shall immediately become due and payable. Monies shall be paid by the customer within seven (7) days of the date of demand.
2.1.3. Advance is entitled to charge default interest on all amounts not paid by the due date. Default interest will be calculated on a daily basis from the due date for payment until the date Advance receives payment at such rate plus GST. Interest rate may be determined by, but not exceeding the rate charged to Advance by its principal banker from time to time on overdrafts. The charging of interest does not imply the granting or extension of credit.
2.1.4. Any expenses, costs or disbursements incurred by Advance in recovering any outstanding monies including debt collection agency fees or legal fees, shall be recoverable from the customer.
2.1.5. Advance reserve the right to withdraw credit facilities at any time without notice.
2.1.6. Advance may apply any payments received from or on behalf of the customer in reduction of the amount owing in such order and manner Advance thinks fit.
2.2. All other purchases are on a “full payment before delivery” basis.
3.1. Where no price is stated in writing, the goods shall be deemed to be sold at the current amount as such goods are sold by Advance.
3.2. The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of Advance between the date of the contract and the delivery of goods. All prices exclude GST and Freight.
3.3. Possession of any price list does not constitute the right to purchase at that rate
4.1. All orders for the purchase of goods shall be subject to acceptance by Advance. Advance reserve the right to cancel any order or remaining part thereof or to suspend delivery to the customer, if the customer is overdue with any payment, becomes insolvent or unable to pay its debts in the ordinary course of business, or suffers or permits a receiver or manager to be appointed in respect
of any assets or undertaking of the customer or suffers an order to be made or a resolution to be passed for the winding up or liquidation of the customer or (being an individual) becomes bankrupt. Advance reserves the right to vary or withdraw the credit limit of the customer at any time in its absolute discretion.
5.1. Special orders or standard orders modified to a customer’s specification CAN NOT be returned.
Goods and Services Tax
6.1. Goods and services tax is to be paid at the current rate by the customer in addition to the prices quoted or referred to, except where a legally verifiable exemption or zero rating can be applied.
7.1. All orders to the value of $250 (excl GST) and over will be sent freight paid and free into store. For orders under $250 (excl GST) freight will be to the customers care and charged to the customer unless other agreements have been made prior to the order being placed. For Dealers, and Resellers, all orders to the Value of $400 (excl GST) and over will be sent freight free into store.
7.2. For Internet sales, freight will be charged (excl GST) at $5 for orders under $50, $10 for orders between $50.01 and $100 and $15 for orders between $100.01 and $249.99. Orders over $250 are freight free. Freight is calculated on the order total excluding GST.
Damages/Claims/Return of Goods
8.1. Any claims by the customer for damage, shortage, bad condition or any other fault in the goods must be in writing and received by Advance within thirty six (36) hours of delivery.
8.2. Goods may only be returned when authorised by Advance. All items must be returned freight paid.
8.3. Invoice number and purchase date must be quoted at the time a credit request is made.
8.4. All discrepancies, returns and credits must be notified within thirty six (36) hours of delivery or credit may not be issued.
8.5. Unless the error has been made by Advance, or good supplied are defective, no goods returned will be accepted without prior approval.
8.6. Title to these goods will be transferred when paid for in full.
8.7. Notification outside of this period – Thirty Six (36) hours could jeopardise any claim.
8.8. Claims may be subject to a restocking charge.
9.1. Please read and follow the directions found on the labels and elsewhere for the products we sell. Some items are hazardous if used improperly. Safety sheets are available on all products in compliance with current legislation.
Title and Security (Personal Property Securities Act 1999)
10.1. Title in any goods supplied by Advance passes to the customer only when the customer has made payment in full for all goods provided by Advance.
10.2. The customer confirms that until title in the goods supplied is passed to it, the customer will hold the goods for and on behalf of the supplier as bailee and will store them in a way that makes it clear that they are the property of the Advance. The customer must not remove or destroy any means of identification of the goods.
10.3. Unless Advance advises the customer otherwise, the customer may resell the goods before title to them passes to the customer but only by way of genuine sale in the ordinary course of its business.
10.4. If the goods are attached, fixed or incorporated into any property of the customer, by way of any manufacturing or assembly process by the customer or any third party, title in the goods shall remain with Advance until the customer has made payment for all goods.
10.5. Until title in all the goods supplied by Advance passes to the customer, Advance reserves the right to enter the customer’s premises (or the premises of any associated company or agent where the goods are located) at any time without notice of liability for trespass or any resulting damage and retake possession of the goods.
11.1. Manufacturer’s warranty applies where applicable.
Consumer Guarantees Act 1993
12.1. The products are supplied to the Customer for the purpose of a business and the parties agree that the Consumer Guarantees Act 1993 shall not apply to the provision of the products or the terms and conditions upon which the products are supplied to the Customer.
12.2. Notwithstanding clause 12.1 above, where products are supplied to a Customer other than for the purpose of a business, then nothing in these Terms and Conditions shall limit any rights, powers and remedies that a Customer may have under the Consumer Guarantees Act 1993.
Consequential Damages and Liability
1. Advance shall not be liable for any special or consequential damages arising from any breach of its obligations under this agreement, and Advance’s liability under this agreement shall be limited, at the option of Advance, to the replacement of the products or the supply of equivalent products or the payment of the cost of replacing the products.