Conditions of Sale
CONDITIONS OF SALE (tractors and equipment)
Payment by Credit Card will incur an additional charge.
Property in Goods: The Property in the goods shall not pass to the Purchaser until the purchase price is paid in full and if payment is made by cheque or bank draft, property in the goods shall remain with the Vendor until such cheque or bank draft is honoured by the bank on whom the cheque is drawn. Until property in the goods passes to the Purchaser the Purchaser shall not create or grant or be capable of creating or granting any lien or charge over the goods or permit or be capable of permitting any other person to claim any lien or charge over the goods, or sell or otherwise dispose of the goods. Should the goods be sold by the Purchaser prior to the payment thereof, then the proceeds of sale are the property of the Vendor. The Purchaser irrevocably permits the Vendor and its agents the right to enter the Purchaser’s property to inspect the goods, seize the goods, remove the goods, and inspect and take copies of the Purchaser's records. Notwithstanding such retention of title, the goods are at the risk of the Purchaser from the date of delivery.
Secondhand Goods: Where the goods are secondhand goods, the Vendor gives no guarantee as to the accuracy or reliability of any hour meter or log book attached to or accompanying the goods. The Purchaser undertakes that, when reselling such secondhand goods, he or she will include an identical term in the Contract of Sale, and hereby indemnifies the Vendor in respect of any claim against the Vendor arising out of failure by the Purchaser to honour such undertaking.
The Purchaser authorises any person or company to provide the Vendor with any information it requires in relation to credit inquiries; and authorises the Vendor to furnish any Third Party with details of this document.
The balance of the purchase price will be paid in cash on delivery, unless the Purchaser has also entered into a finance contract. If the Purchaser is unable or unwilling to pay the balance immediately on delivery, or enter into a finance contract on terms satisfactory to the Vendor, the Vendor can elect to forfeit the deposit. The Vendor is not liable for non-delivery or for delay in delivery from whatever cause, nor for any consequential loss arising therefrom; but in that event, the Purchaser may elect to require return of the deposit.
- Availability of Stocks:
The Vendor shall not be bound to import goods to fulfill any contract. The Vendor shall not be liable to supply the goods if at the date of delivery there is no or insufficient stock of the goods in New Zealand.
- Alterations in Prices:
The Vendor's prices may be altered at any time without notice and all goods are sold subject to the prices ruling at the date of delivery.
- Alterations in Specifications:
In the event of any alteration by the Manufacturer in design or specification of any goods the Vendor shall be entitled to deliver goods conforming to the altered design or specification in fulfilment of any order.
The Purchaser warrants that any goods offered by him as a trade-in and allowance against the purchase price are free of all liens charges and encumbrances of any kind and that they are owned by the Purchaser outright. Unless stated otherwise the Purchaser undertakes to deliver the goods comprised in any trade-in in as good condition and with the same equipment as when appraised by the Vendor.
- Special Conditions:
This contract is the sole evidence of the agreement between the parties and no officer servant employee or agent of the Vendor or any subsidiary has or is deemed to have any authority to make any representation or agreement contrary to these conditions. Any special conditions required by the Purchaser will not form part of these Conditions of Sale unless agreed to in writing and signed by the Vendor's Manager or Dealership Manager.
The Vendor guarantees that the Vendor has the right to sell the goods, and that the goods are free from any undisclosed security. The guarantees as to acceptable quality, particular purpose, the compliance with description, compliance with sample, price, and repairs and spare parts, comprised in Sections 5 to 10 of the Consumer Guarantees Act 1993 for supplies to a "Business" are hereby excluded. The Purchaser relies on his or her own judgement as to quality and fitness for the purpose of the goods.
Where Goods and Services Tax is payable on any goods prior to delivery, the Purchaser will pay to the Vendor a sum equal to the amount of such GST upon demand by the Vendor, in addition to the deposit.
If the Purchaser does not make payment in full by the due date then:
a) The Purchaser will pay penalty interest on the money owed at the rate of 2% per month
b) The Purchaser will also be liable to pay all the expenses and legal costs incurred by the Vendor as a result of the Purchaser's default.
- Interpretation In this Agreement unless the context otherwise requires:
"goods" mean the items being purchased.
"the Vendor" means the Vendor named in the Agreement and includes its successors and assigns.
"Purchaser" means the Purchaser of the goods and his executors’ administrators and assigns or, in the case of a company or body corporate, its successors and assigns.
The Singular includes the plural and vice versa.
Words importing to male gender include the female gender, companies and bodies corporate.
Where there is more than one Purchaser their liability is both joint and several.
The headings are for convenience only and do not affect the construction of this contract.
CONDITIONS OF SALE (parts and service)
All goods returned are subject to a 10% handling charge. Returned goods will not be accepted unless made within 7 days from date of invoice and accompanied by the invoice or packing slip. Freight charges are not refundable and transportation charges must be prepaid on goods being returned. "Procured Items" are not returnable.
The Company gives no warranty on any product or service performed beyond that offered by the manufacturer or supplier. The judgement of the manufacturer or supplier as to the validity of any claim is final and binds both the Company and the purchaser.
The Company's liability in the event of a valid claim will not exceed the sale price of the goods concerned.
The Company is not responsible for any damage resulting from goods being
a) fitted by unqualified tradesman
b) fitted in an untradesmanlike manner
c) adapted to a use which they were not intended.
The Company will not be liable for injuries or damages of any kind or nature, direct, consequential, or contingent to person or property. No liability extends to loss of crops, loss because of delay or loss incurred for labour, supplies, substitute machinery rental or for any other loss whatsoever.
All goods are consigned by the best route and become the purchaser's responsibility at the time they leave the Company's premises.
Insurance is the purchaser's responsibility.
Whilst every care is taken in packing we can accept no responsibility for goods lost or broken in transit.
- Parts Procured From Other Sources:
Freight costs incurred in procuring parts from other sources and incidental expenses are the purchaser's responsibility.
- Terms of Payment:
Net cash, unless prior arrangements made for payment by the 20th of the month following date of invoice.
Interest will be charged on all overdue accounts.
i) Ownership of any goods sold by the Company and/or delivered by the Company is retained by the Company until payment is made in full for all goods sold or delivered by the Company to the customer. The delivery or sale of the goods by the Company to the customer under these Conditions of Sale creates a fiduciary relationship between the Company and the customer in relation to those goods.
ii) All goods sold or delivered by the Company to the customer in which ownership is retained by the Company must be stored separately so as to be readily identifiable. If any of the goods become part of a product or mass (by whatever process) such that the identity of those goods is lost in the product or mass, the security interest created by this clause continues in the product or mass in accordance with the provisions of the PPSA.
iii) If goods are sold by the customer prior to payment having been made to the Company then the proceeds of sale shall be paid into a separate account for which separate records shall be kept. Such proceeds of sale shall be the property of the Company.
iv) The Conditions of Sale shall apply notwithstanding that the goods may be amalgamated with or attached to other goods.
- Personal Property Securities Act 1999:
The Buyer acknowledges and agrees that:
i) These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999 ("PPSA").
ii) Unless otherwise agreed to in writing by the Company, the Buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA.