New Zealand Medical and Scientific Ltd Website Trading Terms and Conditions
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- “Customer” and “Purchaser” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
- “Goods” means all Goods or Services supplied by NZMS to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ must be interchangeable for the other).
- “GST” means Goods and Services Tax
- “Price” means the Price payable for the Goods as agreed between and the Customer.
Acceptance of Terms
- These terms and conditions apply to any order for Goods placed by a Customer on this website.
- The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order on this website for Goods.
- These terms and conditions may only be amended with NZMS’s consent in writing and prevail to the extent of any inconsistency with any other document or agreement between the Customer and NZMS.
- The Customer acknowledges and accepts that NZMS at its discretion, reserves the right not to supply Goods if, for any reason (including but not limited to, where the Goods are not or cease to be available, account disputes or conditions placed on NZMS by its suppliers). NZMS will not be liable to the Customer for any loss or damage the Customer suffers due to NZMS exercising its rights under this clause.
- Where there is more than one Customer that has entered into the Terms and Conditions, the Customers are jointly and severally liable for all payments.
- The Goods are as described on the relevant Good webpage as contained on this website.
- Any Price quoted, published or otherwise provided by NZMS is a mere invitation to treat and does not constitute a contractual offer.
- Any order for Goods received from a Customer shall not be binding on NZMS until accepted by NZMS by either formal writing or the act of dispatching the ordered Goods to the Customer.
- Any quotation made by NZMS is not an offer to sell and no Purchase Order given in pursuance of any quotation will bind NZMS unless and until such Purchase Order is accepted by NZMS in its absolute discretion. All quotations are subject to withdrawal or variation by NZMS at any time prior to acceptance of a Purchase order
Price and Payment
- Generally, the Price for any Goods will be that Price listed for those particular Goods on NZMS’s website or on relevant company pricing lists.
- NZMS may vary the Price after receipt of an order from a Customer in the event of:
- Any mistake on the part of NZMS in publishing a Price on NZMS ‘s website and relevant material;
- Any increase in any costs charged to NZMS by its suppliers;
- Any increase in the cost of freight charges;
- Any change to the Goods requested by a Customer;
- Any inaccurate specifications provided by the Customer; or
- In the event that a Customer has placed an order for Goods which are subject to a variation in Price then NZMS will notify the Customer of the variation in Price, along with any reasons for the variation. The Customer may then elect whether to confirm or cancel the order. In the event that the Customer cancels the order NZMS will refund any money already received from the Customer in relation to that order in full.
- In the case of a cancellation the sole extent of NZMS ‘s liability to the Customer will be the amount of money already paid by that Customer in relation to that cancelled order. NZMS will not otherwise be liable for any loss or damage whatsoever arising from the cancellation.
- Unless otherwise agreed in writing, NZMS will not Deliver any Goods ordered by a Customer until such time as NZMS receives payment in full for those goods.
- Payment may be made by cheque, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Customer and NZMS.
- Unless otherwise stated the Price does not include GST.
Delivery of Goods
- Delivery (“Delivery”) of the Goods is taken to occur at the time that:
- the Customer or the Customer’s nominated carrier takes possession of the Goods at NZMS’s address; or
- NZMS (or NZMS’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
- NZMS may deliver the Goods in separate instalments. Each separate instalment must be invoiced and paid in accordance with the provisions in these terms and conditions.
- NZMS will take all reasonable endeavours to ship any ordered Goods within 3 business days of receipt of payment; however, this time is an estimate only. NZMS will only deliver Goods between 9am and 5pm on a business day. The Customer must still accept delivery of the Goods even if late and NZMS will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
- The failure of NZMS to deliver does not entitle either party to treat this Contract as repudiated.
- Backorders will be shipped as soon as they are available.
- Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer is responsible for insuring the Goods on or before Delivery.
- If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, NZMS is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by NZMS is sufficient evidence of NZMS’s rights to receive the insurance proceeds without the need for any person dealing with NZMS to make further enquiries.
- If the Customer requests NZMS to leave Goods outside NZMS’s premises for collection or to deliver the Goods to an unattended location, then such Goods must be left at the Customer’s sole risk.
- NZMS and the Customer agree that ownership of the Goods must not pass until the Customer has paid NZMS all amounts owing to NZMS.
- Receipt by NZMS of any form of payment other than cash will not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
Warranties and Returns
- Goods are subject to varying warranties which may be found on the relevant webpage of particular Goods. Any purchase of Goods is subject to the relevant warranty as at the date the Customer orders the Goods.
- NZMS may in its absolute discretion accept non-defective Goods for return in which case NZMS may require the Customer to pay handling fee equal to the cost to NZMS of inspecting, refurbishing and restocking the returned item plus any freight costs.
- Notwithstanding anything contained in this clause if NZMS is required by a law to accept a return then NZMS will only accept a return on the conditions imposed by that law.
- NZMS may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice NZMS must repay to the Customer any money paid by the Customer for the Goods. NZMS must not be liable for any loss or damage whatsoever arising from such cancellation.
- In the event that the Customer cancels delivery of Goods the Customer must be liable for any and all loss incurred (whether direct or indirect) by NZMS as a direct result of the cancellation (including, but not limited to, any loss of profits).
- The failure by NZMS to enforce any provision of these terms and conditions must not be treated as a waiver of that provision, nor must it affect NZMS’s right to subsequently enforce that provision. If any provision of these terms and conditions must be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions must not be affected, prejudiced or impaired.
- The Customer agrees that NZMS may amend these terms and conditions at any time. If NZMS makes a change to these terms and conditions, then that change will take effect from the date on which NZMS notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for NZMS to provide Goods to the Customer.
- Neither party must be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- The Customer warrants that it has the power to these terms and conditions and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that these terms and conditions create binding and valid legal obligations on it.
Effective date: 10 Jan 2022