Aspire Diamond Tools Company Limited
Trade Terms and Conditions
1. Definitions
1.1 “Company” means Aspire Diamond Tools Company Limited at Auckland New Zealand
1.2 “Customer” means the person, or entity buying the goods from the Company
1.3 “Product and/ or Service” mean all goods including tools, consumables, equipment，parts and services being purchased by the Customer from the Company.
1.4 “Contract and/or Invoice” means the contract between the Company and the Customer for the purchase of the goods.
2. Acceptance
If any purchase orders or purchasing instruction is received by the Company from the Customer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are definitive and binding.
3. Terms and conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all purchases or orders for the goods and the services made by the Customer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Customer. It shall be the Customer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Customer, and accordingly any purchase or order made by the Customer after the date and time described above in this clause shall be deemed to be an acceptance of these terms and conditions.
4. Price
4.1. The Price shall be as indicated on Contract or Invoices provided by the Company to the Customer in respect of products and/ or services supplied.
4.2 Time for payment for the Product and/or Service shall be of the essence and will be stated on the Contract and/or invoice. If no time is stated then payment shall be due on delivery of any goods.
4.3 The Company reserves the right to apply a surcharge for alterations to specifications of products after the order has been placed
5. Product delivery
5.1. The Company shall not be responsible for any loss or damage whatsoever for failure to or delay in delivery of the product.
5.2 Late delivery of product shall not entitle the Customer to cancel orders.
5.3 Risk passes to the Customer from the time the product leave the Company’s premises
6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
6.1 The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and the Company.
6.2 Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed in writing Company’s directors or their appointee) shall be received on or before the 21st of the month following the date of the Company’s invoice to the Customer, which shall be issued promptly on or after delivery of the goods.
6.3 Late payment shall incur interest at the rate of 10% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract and/or Invoice from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Customer’s default in failing to make payment on the due date.
6.4 Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company exercised its rights under this clause.
6.5 The Customer agrees to waive the benefits of the Privacy Act 1993 for the purpose of recovery of overdue payment.
6.6 Upon termination the Company shall be entitled to take possession of the Product and for this purpose, the Customer hereby gives the Company an irrevocable permission to enter any place of the Customer where the Products are located.
7. Reservation of title
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Customer, under the Contract or Invoice to The Company, have been paid in full.
8. Warranty
8.1 The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered.
8.2 No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorized by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Customer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
9. Liability
The Company shall not be liable for any loss of any kind whatsoever suffered by the customer as a result of any breach of any of the Company’s obligations under contract and/or Invoice, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Customer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons.
10. Governing Law.
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
11. Dispute resolution
The Company will endeavour to resolve any dispute between the Customer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.