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| Conditions of Use |
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1 INCORPORATION OF TERMS
The following Terms and Conditions shall be deemed incorporated in and shall
form part of all contracts involving goods supplied by the Cambridge
Educational Resources Ltd,henceforth will be called CERL.
2. PRICING POLICY
(a)Unless otherwise stated all prices are quoted in NZ Dollars and are
inclusive of Goods & Services Tax (GST). Freight is not included in the
quoted price. CERL reserves the right to revise its prices at any time prior
to accepting an order. Receipt of an order by CERL from the Customer does not
constitute acceptance by CERL.
(b)The prices quoted may be revised by CERL subsequent to accepting an order in
the event of any occurrence affecting delivery caused by War, Government
action, variation in Customs duties, increased shipping charges, and any other
matter beyond the control of CERL. In that event the Customer shall have the
right to withdraw its order.
3. PAYMENT
(a) Unless otherwise agreed in writing by CERL payment is to be made in cash
prior to delivery of any order.
(b) Credit accounts will be required to remit payment on or before the due date
mentioned in the Tax Invoice or Credit Account Approval Form.
(c)All overdue accounts shall bear interest at the rate of 2.5% per month
chargeable on a daily basis from the due date for payment until the time of
actual payment but without prejudice to CERLs other rights and remedies in
respect of the Customers default in failing to make full payment on the due
date.
(d)The Customer will upon demand pay to CERL all moneys (including but not
limited to solicitors costs, Court costs and disbursements) incurred or
expended by CERL in recovering payment of any overdue account.
(e)If CERL shall at any time deem the credit of the Customer to be
unsatisfactory, it may require security for payment and may suspend performance
of its obligations under any contract until the provision of sufficient
security. All costs and expenses incurred by CERL as a result of such
suspension and any recommencement shall be payable by the Customer upon demand.
(f)The Customer shall not be entitled to withhold payment or to make any
deductions from the contract price without the prior written consent of CERL.
(g)Receipt of cheque, bill of exchange, or other negotiable instrument by CERL
shall not constitute payment and the Customer shall remain liable for the full
contract price until such cheque, bill of exchange, or negotiable instrument is
paid in full.Until such indebtedness has been discharged the buyer shall store
the goods in such a way that they can readily be identified as the property of
CERL.
4.ACCEPTANCE
On purchase of any goods from us a Tax Invoice is issued which details your
order as we have received it. In case you find any discrepancies please notify
us in writing within seven (7) days. Your order is accepted subject to the
prices in effect at the time of shipment and to the conditions thereof.
5.DELIVERY,CANCELLATION, GOODS RETURN FOR CREDIT, and RESTOCKING FEE.
(a)Delivery shall be made at the place indicated in the contract or if no place
is indicated delivery shall he made at CERLs premises where the goods are to be
forwarded to the Customer directly there from. CERL will take all reasonable
steps to make delivery at the time requested by the Customer but shall not be
responsible for any loss whatsoever sustained by the Customer for delay in
delivery.
(b)We will send the ordered products at the address mentioned by the customer
at the time of placing the order. If a wrong address or an insufficient address
is mentioned, or a change in the address is requested after the products are
sent from our warehouse, then its customers responsibility to get the product
from the address mentioned at the time of order placement. CERL will try to
alert and request the courier company to redirect it to the new address and if
they are unable to do it, then the customer is liable for the loss of the
package.
(c)CERL reserves the right to deliver the goods by installments and each installment
shall be deemed to be a separate contract under the same provisions as the main
contract. Should CERL fail to deliver or make effective delivery of one or more
installments this shall not entitle the Customer to repudiate the main
contract.
(d)In the event that the Customer cancels any orders subsequent to despatch by
CERL to the Customer (regardless of whether or not said order has been
delivered to the Customer), CERL will credit the Customer for the order value
less the restock fee on return in saleable condition of the items ordered
provided such return is within 7 days of despatch. Freight charges will not be
credited.
(e)Unless agreed in writing by the issuance of a Goods Return Authority from
CERL no goods will be accepted for credit after dispatch. lf CERL agrees to
accept the goods for credit, then CERL will credit the Customer the invoice
value less the restock fee, less freight charges, on return in saleable
condition of the items ordered. No goods will be accepted for credit if the
goods are found to be tampered with or damaged or disk seals are broken. Freight
charges will not be credited
6. RISK AND TITLE
The risk in goods supplied by CERL to the Customer shall pass to the Customer
at the point of delivery from our warehouse/shop. Property (ownership) in the
goods shall not pass to the Customer until the contract price for the goods and
all other monies payable to CERL by the Customer (whether under the contract or
otherwise) have been paid in full.
7. PRODUCT WARRANTY
The Tax invoice or prooof of purchase must be produced by the customer.
If a product is not working then the customer is required to call CERL to seek
approval to return the goods.
Materials shall not be returned to CERL without advance permission.
In the rare event when a product can not be replaced, We will credit back the
residual value of the product.
SELLERS LIABILITY AND NOTICE OF DAMAGE
Claims on incorrect delivery, quality, loss of, and damages to any materials
must be made within 72 hours after receipt of the goods or after the due
delivery date in the event of a non delivery. All claims after that period will
not be accepted. Materials shall not be returned to CERL without advance
permission.
9.CONSUMERS GUARANTEES ACT
Your warranty is in addition to your rights under the Consumer Guarantees Act
1993. However, where you are purchasing for the purposes of a business, you
agree that the terms of the Consumer Guarantees Act 1993 shall not apply. All
warranties and conditions implied under any other statutes (including the Sale
of Goods Act (1908) are expressly excluded from your warranty.
10.MISCELLANEOUS
This Agreement will be governed by the laws of New Zealand, without reference to
rules governing choice of laws. Any action relating to this Agreement must be
brought in the courts located in Auckland New Zealand, and you irrevocably consent to the
jurisdiction of such courts. You may not assign this Agreement, by operation of
law or otherwise, without our prior written consent. Subject to that
restriction, this Agreement will be binding on, inure to the benefit of, and
enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement. |
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