Terms and Conditions
This agreement forms the basis on which PPL provides quotations and supplies and sells goods to the Customer. Each such quotation, supply and sale shall be effected pursuant to the terms of this agreement unless in any specific case agreed otherwise in writing. Any quotation, invoice or other document evidencing or describing Goods is incorporated into and forms part of this contract.
A quotation remains valid for the time specified; any quotation may be withdrawn by PPL at any time by notice to the Customer.
PPL quotations will be based on the Customer’s written and verbal instructions. Customers are accordingly advised to exercise due care and attention when checking quotations before they proceed.
A quotation does not give rise to a binding contract in respect of the Goods to the subject of that quotation until the Customer places an order in writing. A supply of Goods pursuant to any such order is governed by this agreement.
CANCELLATION AND SUSPENSION
The customer is bound to pay the price from the time an order is placed with PPL . Cancellation or amendment of an order is required within 24 hours of the date of delivery.
The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any Quotation given by PPL.
The price shall be increased by the amount of freight which may be applicable, except to the extent that such costs are expressly included in any quotation given by PPL.
PPL may require immediate payment, otherwise payment is due within 14 days of the date of invoice. Any variations to this must be agreed in writing with PPL .
PPL may alter terms of payment with effect from the date that it notifies the Customer of such change.
PPL may impose a credit limit at any time, which may be altered at the discretion of PPL with effect from the date that PPL notifies the customer of such change.
If the Customer does not pay the price by the due date, PPL may, at its discretion, cancel any agreements in existence and recover from the Customer all costs incurred as a result of the default.
An account is not deemed to have been paid until funds are cleared. The customer understands and agrees to pay any interest costs at the current bank business overdraft rate calculated daily from the date when payment was due, until made in full as well as any collection charges, legal fees, salvage charges, storage costs and any other costs incurred by either PPL, it’s solicitors or it’s agents in the event of late payment.
Minimum Orders, A Delivery fee of $12.50 for orders under $50 and $10.00 for orders between $50-$100 (Exclusive of GST) will be applied to the Invoice.
Delivery is to be made at the place specified in the quotation or this Contract.
Any time stated for delivery is an estimate only. PPL is not liable for any delay in delivery.
If the Customer requests urgent delivery and that delivery requires overtime or additional costs then such additional charges will be at the Customer’s expense.
If the Customer refuses to accept delivery of any of the goods, PPL may charge the customer for any additional costs incurred as a result including storage and transportation costs.
No claim for discrepancy in orders delivered to the Customer shall be considered unless it is made in writing to PPL within 24 hours of delivery.
All quotations are based on original specifications. Any additional costs associated with any variation or alteration to these specifications will be paid for by the Customer at current rates. PPL will not be liable in any way whatsoever (including negligence) for errors or omissions arising from any oversight or misinterpretation of a Customer’s verbal instructions that has been submitted to and approved by a Customer.
RISK AND SECURITY INTEREST
Risk of any loss, damage or deterioration of the goods passes to the Customer on acceptance of the delivery.
CLAIMS FOR DAMAGED OR DEFECTIVE GOODS
To the extent permitted by law, if goods are damaged or defective when delivered, then PPL may (at its sole discretion) replace the goods where:
(a) All claims are reported to PPL within 24 hours, and
(b) All claims are fully documented giving details of the alleged damage.
LIMITATION OF LIABILITY
To the extent permitted by law, PPL’s liability in any case of any damage shall be limited to the replacement of the goods. PPL shall have no further liability or responsibility for any direct, or indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising from the supply of the goods.
If there is any inconsistency between this agreement and any order submitted by the Customer (whether in writing, verbally or by electronic data interchange) or any other arrangement between the parties, this agreement will prevail unless otherwise agreed in writing by the parties.
WAIVER If PPL exercises or fails to exercise any right or remedy available to it, this shall not prejudice the rights of PPL in exercising that or any other right or remedy. Waiver of any term of this agreement must be specified in writing and signed by an authorized officer of PPL .
New Zealand law applies to this agreement. If any term in this agreement is unlawful or unenforceable, it will be deleted from this agreement and the rest of this agreement will remain in force. This agreement supersedes any prior agreement between PPL and the Customer.
WORDS USED IN THIS AGREEMENT
- “Claim” includes any claim for loss of profits or any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from any breach or cancellation of any contract or any negligence, misrepresentation or other act or omission by Prepared Produce, its employees, agents or contractors.
RESERVATION OF TITLE
The customer agrees that Title in any goods supplied by PPL is reserved by PPL until receipt of full payment. PPL or it’s nominated agent are entitled to enter on to the customers land to uplift and remove any goods supplied, and to sell those goods if necessary to recover unpaid monies. No responsibility for any loss is accepted by PPL in this eventuality. PPL may also register title to any goods supplied by it on the Personal Property Securities Register.
PRIVACY ACT The Customer gives PPL authority to obtain any information that PPL requires to process this application from any third party. The Customer also gives PPL authority to disclose any information that it may hold to any third party in relation to the processing of this application or the collection of overdue payments (including a credit or reporting agency).