1.1. Interpretation in this agreement and in any contract of supply to which this agreement applies:
1.2. “Supershine Website” means this internet site owned by Advance International Cleaning Systems (NZ) Ltd., being a medium by which Products are offered for sale online by Advance to the Buyer.
1.3. “Advance” means Advance International Cleaning Systems (NZ) Ltd together with the Advance’s staff, agents and people acting on behalf of.
1.4. “Buyer” means the buyer, any person acting on behalf of and with the authority of the Buyer, or any person purchasing products and services from Advance.
1.5. “Advance Invoice” means the delivery docket and/or tax invoice used by the Advance. If there is a conflict between the Advance Invoice and tax invoice, the tax invoice prevails.
1.6. “Terms & Conditions” means the terms and conditions of sale of Advance specified herein.
1.7. “Products” means the products for sale available in Supershine Website.
1.8. All headings are provided for convenience only and shall have no effect on the interpretation of this agreement.
2.1. Buyers must pay Advance for the Products purchased by direct debit or by credit card. Supershine Website does not accept EFTPOS, cash, cheque, voucher or any other form of payment.
2.2. If a Buyer chooses to pay by a direct banking, he or she must make a payment directly into the Advance bank account using the order ID as a reference. An order won’t be shipped until the funds have cleared in the Advance bank account
2.3. If a Buyer’s credit card is declined by its financial institution, delivery of the relevant order will not be made, and Advance will contact the Buyer to make alternative payment arrangements.
2.4. Advance reserves the right to refuse to accept payment from any particular Buyer by credit card for any reason whatsoever.
3.1. Where no price is stated in writing, the goods shall be deemed to be sold at the current amount as such goods are sold by Advance.
3.2. All prices exclude GST and Freight. The prices of Products are displayed in New Zealand currency.
3.3. Possession of any price list does not constitute the right to purchase at that rate
4.1. All orders for the purchase of goods shall be subject to acceptance by Advance. Advance reserve the right to cancel any order or remaining part thereof or to suspend delivery to the buyer.
5. Special Orders
5.1. Special orders or standard orders modified to a buyer’s specification CAN NOT be returned.
6. Goods and Services Tax
6.1. Goods and services tax is to be paid at the current rate by the buyer in addition to the prices quoted or referred to, except where a legally verifiable exemption or zero rating can be applied.
7. Freight Policy
7.1. For Internet sales, freight will be charged (excl. GST) at $5 for orders under $150. Orders over $150 are freight free. Freight is calculated on the order total excluding GST.
8. Delivery: Wrong Quantity, Defects, Damage, Loss or Non- Delivery
8.1. Subject to the Advance Invoice, where Advance delivers to the Buyer the goods Advance agreed to sell mixed with goods of a different description from that ordered the Buyer may accept the goods which are in accordance with this agreement and reject the rest or the Buyer may reject the whole.
8.2. The Buyer shall inspect the goods upon delivery and shall within thirty six (36) hours of delivery notify (quoting invoice number and date of receipt of goods) Advance in writing of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Buyer shall afford Advance an opportunity to inspect the goods shall be conclusively presumed to be in accordance with the agreement and free from any defect or damage which would be apparent on a reasonable examination of the goods and the Buyer shall be deemed to signify receipt of the quantity of goods indicated on the advice sheet.
8.3. Any credits sought for goods returned under Advance discretion and:
8.3.1. The goods must be returned by the Buyer within thirty six (36) hours of receipt of goods;
8.3.2. The Buyer shall bear all cost of return freight and the goods must be received by Advance free from freight charges.
8.3.3. The goods must be in unused, as new and good saleable condition in the manufacturer’s or supplier’s original containers, unsoiled and undamaged.
8.3.4. The goods must be accompanied by documents showing purchasing order number, invoice number and date of purchase.
8.4 Advance shall not be liable for any loss or damage whatever due to failure by Advance to deliver the goods (or any item) promptly or at all. Any agreed delivery date is an estimate only. Notwithstanding that Advance may have been delayed or failed to deliver the goods (or any of them) promptly or by the agreed delivery date, the Buyer shall be bound to accept delivery and to pay for the goods in full.
8.5. The Buyer must notify Advance of any query the Buyer has relating to the tax invoice Within thirty six (36) hours of receipt of tax invoice by the Buyer at the Buyer’s postal address. If the Buyer fails to comply with these provision then the tax invoice shall be conclusively presumed to be correct.
8.6. Advance is not liable for any shortages or damage of goods where the goods are left on Advance premises unattended following delivery, or on the Buyer’s premises following transmission to the Buyer.
8.7. In the absence of a proven defect in the Advance system of weighing, the weight of goods sold shall be the last weight determined by Advance’s system of weighing prior to delivery.
8.8. Unless the error has been made by Advance, or good supplied are defective, no goods returned will be accepted without prior approval.
8.9. Title to these goods will be transferred when paid for in full.
8.10. Notification outside of this period – Thirty Six (36) hours could jeopardise any claim.
8.11. Claims may be subject to a restocking charge.
9. Place and Manner of Delivery of Goods
9.1. Subject to the Advance Invoice:
9.1.1. It is for the Buyer to forthwith take possession of goods and not for Advance to send them to the Buyer.
9.2.2. Delivery shall be at the place of business of the Advance. Delivery is deemed complete when the goods are available for collection from Advance premises on the agreed delivery date. If no delivery date has been agreed, then delivery is deemed complete when the goods are available for collection from the Advance’s premises. If the specific goods are in some other place than the place of business of the Advance then that place is the place of delivery. Where under this agreement Advance is bound to send the goods to the Buyer, Advance is bound to send them within a reasonable time.
9.2.3. When the goods at the date of this agreement are in possession of a third person there is no delivery by Advance to Buyer unless and until such third person acknowledge to the Buyer that the goods are being held on behalf of the Buyer subject to the issue or transfer by Advance of documents of title to the goods.
9.2.4. The taking of possession or demand for or tender of delivery shall be treated as ineffectual unless made during the normal business hours of Advance and Buyer.
9.2.5. The expenses of and incidental to putting the goods into a deliverable state for transit shall be borne by the Buyer.
10. Delivery of Goods to Carrier
10.1. Subject to the Advance Invoice, the Buyer is responsible for arranging the carriage of the goods from Advance’s premises to the Buyer’s premises. Where Advance agrees to send the goods to the Buyer then:
10.1.1. Delivery of the goods to the Buyer is deemed to the earlier of delivery pursuant to clause 8.1) herein, or delivery of the goods to a carrier, either named by the Buyer or failing such naming to a carrier at the discretion of Advance for the purpose of transmission to the Buyer.
10.1.2. Unless the Buyer requires in writing otherwise, Advance shall make such contract with the carrier’s risk within the meaning of the Carriage of Goods Act 1979.
10.1.3. Advance shall not be responsible to take steps to insure goods during carrying against loss due to any cause or deterioration.
10.1.4. If Advance shall arrange for carriage of the goods to the Buyer’s address, the cost of carriage and reasonable insurance shall be reimbursed by the Buyer without any set off or other withholding whatever and sale be due on the date of payment of the price. The carrier shall be deemed to be the Buyer’s agent.
10.1.5. Where there is no arrangement that Advance shall send the goods to the Buyer, delivery to a carrier at a limited carrier’s risk at the expense of the Buyer is deemed to be delivery to the Buyer.
11.1. Subject to the Advance Invoice:
11.1.1. Advance may make part delivery of any order and each such part delivery shall constitute a separate contract of supply.
11.1.2. Where it is agreed that Advance shall deliver goods by stated instalment which are to be separated paid for then if the Advance makes defective deliveries in respect of an instalment of the Buyer refuses to take delivery of any pay for an instalment, then Advance may treat the breach as severable breach. The Buyer may not treat the whole contract as repudiated.
12.1. Please read and follow the directions found on the labels and elsewhere for the products we sell. Some items are hazardous if used improperly. Safety sheets are available on all products in compliance with current legislation.
13. Title and Security (Personal Property Securities Act 1999)
13.1. Title in any goods supplied by Advance passes to the Buyer only when the Buyer has made payment in full for all goods provided by Advance.
13.2. The Buyer confirms that until title in the goods supplied is passed to it, the Buyer will hold the goods for and on behalf of the supplier as Bailee and will store them in a way that makes it clear that they are the property of the Advance. The Buyer must not remove or destroy any means of identification of the goods.
13.3. Unless Advance advises the Buyer otherwise, the Buyer may resell the goods before title to them passes to the Buyer but only by way of genuine sale in the ordinary course of its business.
13.4. If the goods are attached, fixed or incorporated into any property of the Buyer, by way of any manufacturing or assembly process by the Buyer or any third party, title in the goods shall remain with Advance until the Buyer has made payment for all goods.
13.5. Until title in all the goods supplied by Advance passes to the Buyer, Advance reserves the right to enter the Buyer’s premises (or the premises of an associated company or agent where the goods are located) at any time without notice of liability for trespass or any resulting damage and retake possession of the goods.
14.1. Manufacturer’s warranty applies where applicable.
15. Consequential Damages and Exclusion of Liability
15.1. Advance shall not be liable for any special or consequential damages arising from any breach of its obligations under this agreement, and Advance’s liability under this agreement shall be limited, at the option of Advance, to the replacement of the products or the supply of equivalent products or the payment of the cost of replacing the products.
15.2. All terms, conditions and warranties (whether implied or made expressly) whether by Advance or its agents or employees or otherwise relating to the quality and/or fitness for purpose of the goods and/or services or any of the goods and/or services are excluded.
15.3. Advance shall be under no liability whatsoever (whether direct, indirect or loss of profit) to the Buyer for any loss, damage, liability or injury suffered by the Buyer arising out of a breach by Advance of this agreement.
15.4. Where the goods and/or services or any of them are subject to an express warranty given by the manufacturer thereof or the parties supplying the same to Advance in either case being a warranty upon which Advance relies, then the terms of such express warranty shall be deemed to be incorporated herein but without creating any privity of contract between the Buyer and such manufacturers or supplier to Advance and in such case where a claim is made by the Buyer under such warranty the judgement of the manufacturer or supplier as the case may be, as to whether or not there has been a breach of the said warranty shall be final and binding upon Advance and the Buyer.
15.5. If goods are used by unqualified tradesmen, or fitted in an un-tradesman like manner, or adapted to a use to which they are not specifically intended, or added to components not recommended or approved by the manufacturer, then the Advance excludes any liability whatsoever.
16.1. Supershine Website contains applications, which collect personal information about the Buyer. Advance will only use this information to the extend authorised by the Buyer, and will only disclose it in the manner set out below.
In using Supershine Website the Buyer authorises Advance to collect, retain and use their personal information for the purposes of:
(a) processing the Buyer’s registration application;
(b) assessing the Buyer’s credit-worthiness;
(c) undertaking any dealings or transactions with the Buyer;
(d) enforcing any legal or other rights Advance may have against the Buyer in any manner that Advance sees fit;
(e) sending the Customer any advertising or promotional material; and
(f) enhancing Supershine Website so that Advance may offer you a better, more personalised and tailored service.
16.2. Any personal information supplied by the Buyer may be retained by Advance until such time as the Buyer requests that the information is to be removed.
16.3. Advance has taken many measures to ensure that Buyers’ information is well protected. However, it is important that Buyers remember to never share their passwords and other login details with any other person. While Advance endeavours to keep the Customer’s personal information collected on Supershine website secure and confidential, no member of Advance shall be responsible for any breach of security caused by third parties, nor represents that Supershine Website is completely secure.
17. Consumer Guarantees Act 1993
17.1. The products are supplied to the Buyer for the purpose of a business and the parties agree that the Consumer Guarantees Act 1993 shall not apply to the provision of the products or the terms and conditions upon which the products are supplied to the Buyer.
17.2. Notwithstanding clause 21.1 above, where products are supplied to a Buyer other than for the purpose of a business, then nothing in these Terms and Conditions shall limit any rights, powers and remedies that a Buyer may have under the Consumer Guarantees Act 1993.
18. Resolution of Disputes
18.1. Consumer arbitration agreement:
18.1.1. This agreement contains an arbitration agreement.
18.1.2. You, if purchasing as a consumer as defined in the Arbitration Act 1996, certify that: having read and understood the arbitration agreement, and the variation of the default rules in the 2nd Schedule to the Arbitration Act 1996, you agreed to be bound by the arbitration agreement.
18.2. If the parties are unable to resolve any question, dispute of difference arising under this agreement, by discussion and negotiation, the dispute must be submitted to the arbitration of a single arbitrator agreed on between the parties, or default of agreement, to be nominated by the president of the New Zealand Law Society PROVIDED HOWEVER that Advance has the right to refer any dispute to the Dispute Tribunal for determination in which case the total amount in respect of which an order of the Tribunal is sought will not exceed $7,500.00.