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Terms and Conditions
The following terms and conditions will apply to the sale by Kahuvet Veterinary Equipment Ltd ("Kahuvet") to the buyer ("Buyer"), of any products and/or services (the "Product(s)"), unless modified by a separate written agreement between Kahuvet and the Buyer. Any instruction received by Kahuvet from the Buyer for the supply of Products and/or the Buyer's acceptance of Products supplied by Kahuvet constitutes acceptance of the terms and conditions contained herein.
In the event of any inconsistency between these standard terms of supply and those issued by the Buyer these terms and conditions shall take precedence.
The stated prices (whether listed, quoted or tendered) do not include GST or any other taxes, insurance or freight unless otherwise stated. In addition to the stated price, the Buyer shall pay all applicable Goods and Services Tax (GST), duties, and other applicable taxes as invoiced by Kahuvet to the Buyer. GST will be charged at the statutory ruling rate.
Kahuvet shall not be bound by any typographical errors that may occur with price advertised in the current price list, newsletter, invoice, statements or any other document published by Kahuvet.
Payment of an invoice is to be made without set off or deduction of any kind and is due in full by the 20th of the month following the month of invoice unless otherwise agreed such as in the case of prompt payment discounts. If default is made in payment by the due date Kahuvet may (without prejudice to any other rights it has pursuant to these conditions or by law) withdraw any previous agreed discounts or special terms and also may charge simple interest of 2% per month (plus GST) from 30 days after the date payment became due until the date Kahuvet receives payment in full. Payments received after the due date will be applied firstly to the portion representing interest and secondly to the portion representing purchases. Buyer also agrees to pay all collection costs, expenses and reasonable attorneys' fees for collection of any amount due and unpaid. Payment means the receipt by Kahuvet of cleared funds. Electronic payments can be made to Commonwealth Bank Account - BSB: 062217 Account: Number: 10923677
DELIVERY AND TITLE
Risk of loss of or damage to the Products will pass to the Buyer at the time of despatch of the Products from Kahuvet's warehouse. Products will be delivered to the Buyer's business address with invoice attached unless specified.
Title to the Products shall not pass to the Buyer until the whole of the price has been paid and until payment is made by the Buyer and received by Kahuvet. Until title passes the Buyer shall hold the Products on trust for Kahuvet.
Kahuvet reserves the following rights in relation to the Products until all accounts owed by the Buyer to Kahuvet are fully paid:
a. ownership of the Products;
b. to enter the Buyer's premises (or the premises of any associated company or agent where the Products are located) without liability for trespass or any resulting damage and retake possession of the Products; and
c. subject to, and in accordance with, the Personal Property Securities Act 1999, to keep or resell any Products repossessed pursuant to (b) above.
If the Products are resold, or used in the provision of services, by the Buyer, the Buyer shall hold such part of the proceeds of any such sale or service as represents the invoice price of the Products sold or used in a separate identifiable account as the beneficial property of Kahuvet and shall pay such amount to Kahuvet upon request. Notwithstanding the provisions above Kahuvet shall be entitled to maintain an action against the Buyer for the purchase price.
In the unlikely event of a claim, returned Products will not be accepted unless Kahuvet has acknowledged the Buyer’s claim and advised the Buyer to return the Products. Products must be returned before credit is issued. Any Product purchased from Kahuvet can be returned (within 90 days) for a full refund, including the cost of shipping.
In the event of damage to the Products the Buyer shall advise the carriers concerned and their agents and Kahuvet within 7 days after receipt of the Products. In the event of non-delivery of Products the Buyer shall notify the carriers concerned and their agents and Kahuvet within 14 days after receipt by the Buyer of the invoice. Kahuvet shall under no circumstances be held liable whether for direct, indirect or consequential loss or damage arising by reason of any damage to, or delay in delivery of, the Products or any failure to deliver the Products ordered by the Buyer for whatever reason.
The parties agree and acknowledge that the supply of Products made by Kahuvet pursuant to these terms and conditions is a supply made for business purposes and that accordingly the provisions of the Consumer Guarantees Act do not apply. Kahuvet is committed to providing only quality products to its customers. Kahuvet does not provide any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise regarding the Products other than those expressly set out in these terms and conditions.
If a Product proves to have a manufacturers defect, and is returned in its original condition within 30 days Kahuvet will provide an exchange or refund for the price of that Product. Any Product purchased from Kahuvet can be returned (within 90 days) for a full refund, including the cost of shipping. The Buyer must contact Kahuvet and provide the respective invoice number and the details of the Product/s, and Kahuvet will organise a courier pickup for the Product/s at no cost to the Buyer. The Product/s returned must be in resaleable condition unless faulty or otherwise deficient. Where a small proportion of the Products has been used, Kahuvet will refund the full initial cost of the Products.
If the Buyer supplies the Products to any person, the Buyer must not give or make any undertaking assertion or representation in relation to the Products without Kahuvet’s prior approval in writing, and the Buyer must give the person buying the Products such product information relating to the Products as Kahuvet requires, and the Buyer agrees to indemnify Kahuvet against any liability or cost incurred by Kahuvet under the Consumer Guarantees Act 1993 as a result of any breach by the Buyer of these obligations.Kahuvet accepts no liability for any claim by the Buyer or any other person, including without limitation any claim relating to or arising from:
any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Kahuvet in writing.
In any event, Kahuvet's liability under any claim shall not exceed the price of the Products.
Once placed, an order for Products cannot be cancelled unless agreed to by Kahuvet.
The Buyer authorises Kahuvet to collect, retain and use personal information about the Buyer for the purposes of assessing the Buyer’s credit worthiness and disclosing to a third party details of this contractual arrangement for the purposes of recovering amounts payable by the Buyer and providing credit references. By using and visiting Kahuvet’s website and/or providing Kahuvet with the Buyer’s personal details the Buyer consents to this Privacy Policy.
The Buyer grants to Kahuvet a Security Interest in the Products and their Proceeds to secure the obligation of the Buyer to pay the purchase price of the Products and any other obligations of the Buyer to Kahuvet under these terms and conditions (together "the Indebtedness") and, where the Products and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the Security Interest shall also extend to all the Buyer's present and after acquired property, of which the Products form part, to the extent required to secure the Indebtedness. As and when required by Kahuvet the Buyer shall, at its own expense, provide all reasonable assistance and relevant information to enable Kahuvet to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce Kahuvet's Security Interest in respect of the Products supplied, in accordance with the PPSA.
Where the Products are purchased by the Buyer as stock in trade for sale or use in the ordinary course of the Buyer's business, nothing in this clause shall prevent the Buyer from selling or using the Products in the ordinary course of the Buyer's business. Otherwise, until the Buyer has paid all money owing to Kahuvet, the Buyer shall not sell or grant a Security Interest in the Products without Kahuvet's written consent.
For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
These terms of supply are governed by the law of New Zealand and both parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceedings arising out of these terms of supply.
In the event of any inconsistency between these standard terms of supply and those issued by the Buyer these terms and conditions shall take precedence.
PRICING POLICY
The stated prices (whether listed, quoted or tendered) do not include GST or any other taxes, insurance or freight unless otherwise stated. In addition to the stated price, the Buyer shall pay all applicable Goods and Services Tax (GST), duties, and other applicable taxes as invoiced by Kahuvet to the Buyer. GST will be charged at the statutory ruling rate.
Kahuvet shall not be bound by any typographical errors that may occur with price advertised in the current price list, newsletter, invoice, statements or any other document published by Kahuvet.
PAYMENT
Payment of an invoice is to be made without set off or deduction of any kind and is due in full by the 20th of the month following the month of invoice unless otherwise agreed such as in the case of prompt payment discounts. If default is made in payment by the due date Kahuvet may (without prejudice to any other rights it has pursuant to these conditions or by law) withdraw any previous agreed discounts or special terms and also may charge simple interest of 2% per month (plus GST) from 30 days after the date payment became due until the date Kahuvet receives payment in full. Payments received after the due date will be applied firstly to the portion representing interest and secondly to the portion representing purchases. Buyer also agrees to pay all collection costs, expenses and reasonable attorneys' fees for collection of any amount due and unpaid. Payment means the receipt by Kahuvet of cleared funds. Electronic payments can be made to Commonwealth Bank Account - BSB: 062217 Account: Number: 10923677
DELIVERY AND TITLE
Risk of loss of or damage to the Products will pass to the Buyer at the time of despatch of the Products from Kahuvet's warehouse. Products will be delivered to the Buyer's business address with invoice attached unless specified.
Title to the Products shall not pass to the Buyer until the whole of the price has been paid and until payment is made by the Buyer and received by Kahuvet. Until title passes the Buyer shall hold the Products on trust for Kahuvet.
Kahuvet reserves the following rights in relation to the Products until all accounts owed by the Buyer to Kahuvet are fully paid:
a. ownership of the Products;
b. to enter the Buyer's premises (or the premises of any associated company or agent where the Products are located) without liability for trespass or any resulting damage and retake possession of the Products; and
c. subject to, and in accordance with, the Personal Property Securities Act 1999, to keep or resell any Products repossessed pursuant to (b) above.
If the Products are resold, or used in the provision of services, by the Buyer, the Buyer shall hold such part of the proceeds of any such sale or service as represents the invoice price of the Products sold or used in a separate identifiable account as the beneficial property of Kahuvet and shall pay such amount to Kahuvet upon request. Notwithstanding the provisions above Kahuvet shall be entitled to maintain an action against the Buyer for the purchase price.
CREDITS / CLAIMS / RETURNS
In the unlikely event of a claim, returned Products will not be accepted unless Kahuvet has acknowledged the Buyer’s claim and advised the Buyer to return the Products. Products must be returned before credit is issued. Any Product purchased from Kahuvet can be returned (within 90 days) for a full refund, including the cost of shipping.
In the event of damage to the Products the Buyer shall advise the carriers concerned and their agents and Kahuvet within 7 days after receipt of the Products. In the event of non-delivery of Products the Buyer shall notify the carriers concerned and their agents and Kahuvet within 14 days after receipt by the Buyer of the invoice. Kahuvet shall under no circumstances be held liable whether for direct, indirect or consequential loss or damage arising by reason of any damage to, or delay in delivery of, the Products or any failure to deliver the Products ordered by the Buyer for whatever reason.
GUARANTEE
The parties agree and acknowledge that the supply of Products made by Kahuvet pursuant to these terms and conditions is a supply made for business purposes and that accordingly the provisions of the Consumer Guarantees Act do not apply. Kahuvet is committed to providing only quality products to its customers. Kahuvet does not provide any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise regarding the Products other than those expressly set out in these terms and conditions.
If a Product proves to have a manufacturers defect, and is returned in its original condition within 30 days Kahuvet will provide an exchange or refund for the price of that Product. Any Product purchased from Kahuvet can be returned (within 90 days) for a full refund, including the cost of shipping. The Buyer must contact Kahuvet and provide the respective invoice number and the details of the Product/s, and Kahuvet will organise a courier pickup for the Product/s at no cost to the Buyer. The Product/s returned must be in resaleable condition unless faulty or otherwise deficient. Where a small proportion of the Products has been used, Kahuvet will refund the full initial cost of the Products.
If the Buyer supplies the Products to any person, the Buyer must not give or make any undertaking assertion or representation in relation to the Products without Kahuvet’s prior approval in writing, and the Buyer must give the person buying the Products such product information relating to the Products as Kahuvet requires, and the Buyer agrees to indemnify Kahuvet against any liability or cost incurred by Kahuvet under the Consumer Guarantees Act 1993 as a result of any breach by the Buyer of these obligations.Kahuvet accepts no liability for any claim by the Buyer or any other person, including without limitation any claim relating to or arising from:
any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Kahuvet in writing.
In any event, Kahuvet's liability under any claim shall not exceed the price of the Products.
ALTERATIONS / CANCELLATIONS
Once placed, an order for Products cannot be cancelled unless agreed to by Kahuvet.
PRIVACY
The Buyer authorises Kahuvet to collect, retain and use personal information about the Buyer for the purposes of assessing the Buyer’s credit worthiness and disclosing to a third party details of this contractual arrangement for the purposes of recovering amounts payable by the Buyer and providing credit references. By using and visiting Kahuvet’s website and/or providing Kahuvet with the Buyer’s personal details the Buyer consents to this Privacy Policy.
PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)
The Buyer grants to Kahuvet a Security Interest in the Products and their Proceeds to secure the obligation of the Buyer to pay the purchase price of the Products and any other obligations of the Buyer to Kahuvet under these terms and conditions (together "the Indebtedness") and, where the Products and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the Security Interest shall also extend to all the Buyer's present and after acquired property, of which the Products form part, to the extent required to secure the Indebtedness. As and when required by Kahuvet the Buyer shall, at its own expense, provide all reasonable assistance and relevant information to enable Kahuvet to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce Kahuvet's Security Interest in respect of the Products supplied, in accordance with the PPSA.
Where the Products are purchased by the Buyer as stock in trade for sale or use in the ordinary course of the Buyer's business, nothing in this clause shall prevent the Buyer from selling or using the Products in the ordinary course of the Buyer's business. Otherwise, until the Buyer has paid all money owing to Kahuvet, the Buyer shall not sell or grant a Security Interest in the Products without Kahuvet's written consent.
For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
GOVERNING LAW
These terms of supply are governed by the law of New Zealand and both parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceedings arising out of these terms of supply.