New Zealand Terms (Pure Science Ltd)

Last Updated: 21/04/2015

TERMS & CONDITIONS OF SALE

GENERAL

1.1

Pure Science is pleased to provide you, our customer, with quality product. Where used in these conditions the word “product” includes also any service we may supply to you.

1.2

Product provided by Pure Science is supplied for business purposes under the terms of the Consumer Guarantees Act 1993 unless notified in writing to us prior to sale and in the absence of such notice the Consumer Guarantees Act does not apply to transactions between you, our customer and ourselves as supplier.

1.3

Our quotes for products are priced exclusive of GST and delivery charges. The Customer will pay GST and delivery charges, where applicable, in addition to the basic price of products.

1.4

These terms and conditions override any terms and conditions stipulated by you. No amendments or modifications to these terms and conditions are effective unless written and signed by authorised signing officers of both parties.

1.5

Once you have placed an order on Pure Science and we have confirmed it, the order cannot be cancelled or modified unless Pure Science agrees to its cancellation or modification, which agreement is entirely at Pure Science's discretion. 

PAYMENT TERMS

2.1

You promise to meet our payment terms namely:

a. For standard wholesale charge account customers: usually payment by the twentieth of the month following the month in which the goods left our facilities or in which we performed the service, but other payment terms may be applicable for particular transactions.

2.2

Where an invoice is not paid on time, without limiting any of Pure Science’s other rights and remedies, simple interest at the rate of 1.5% per month (calculated on a daily basis) is payable on the amount outstanding until Pure Science receives full payment.

SPECIFIC PRODUCT TERMS

3.1 Invoicing

We will invoice you as soon as possible after despatch. Delivery charges, including freight and any handling fees, will be added to each invoice.

3.2 Title

Title to each product will remain with Pure Science until the full purchase price has been paid. Failure to pay the purchase price will give Pure Science the right, without liability, to repossess that purchase, with or without notice and to avail itself of any legal remedy. Title to each item purchased will pass to you only upon full payment of Pure Science invoices related to the transaction. Goods will be deemed to be accepted unless Pure Science is notified in writing within seven days of delivery. Risk passes to you when goods are delivered to your site or your freight agent.

3.3 Delivery address

You agree that proof of delivery is a signed delivery acceptance at the delivery address noted on the order. Pure Science is not obliged to verify the authority of any individual to accept delivery at the designated delivery address.

3.4 Product returns procedure

Pure Science will supply you with product as specified and replace it at no additional cost if incorrectly delivered. Any claims for shortage, damage or discrepancies must be made promptly and in any event within 5 working days of receipt of the goods.

3.5 Warranties

Pure Science will compensate you for the contract value of any goods that are proved to the reasonable satisfaction of Pure Science to be defective.

3.6 Substitution

In the event that the desired product becomes unavailable or will be out of stock for an extended period, Pure Science will endeavour to provide a suitable substitute but does not guarantee to be able to do this without additional charge. Pure Science would consult with you about any proposed substitutions.

3.7 Product Hazards

Many products offered by Pure Science are hazardous by their nature or their function. Safe management of such hazards after receipt of the goods is entirely your responsibility.

LIMITATIONS AND EXCLUSIONS

4.1

There will always be many factors beyond our control affecting the ultimate success of the use for which the product is being provided. Consequently the warranty in clause 3.5 replaces all other representations and warranties (statutory, express, implied, written or oral) and all such representations and warranties (except any which cannot lawfully be excluded) are expressly excluded.

4.2

Pure Science will not under any circumstance be liable under the law of tort, contract or otherwise for any loss of profits, savings or data or for any indirect loss or consequential loss or damage, however caused, arising out of or in conjunction with the performance or non-performance of this agreement.

4.3

Pure Science’s liability for breach of this agreement or otherwise shall not exceed the total consideration payable to Pure Science by you our customer for the particular product in dispute.

LAWS etc

5.1 Illegality

If any provision in these conditions is illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions are not thereby affected.

5.2 Governing Law

New Zealand law shall govern this agreement and the parties hereby submit to the exclusive jurisdiction of the New Zealand courts.