Goods means all Goods supplied from time to time by MPSL to the Customer, that are described in any one or more of the relevant order forms, packing slip or invoice (or its equivalent, whatever called) relating to those Goods, on the basis that each such order form, packing slip or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of these Terms.
Services means Services supplied from time to time by MPSL to the Customer under a contract/agreement for, or in relation to,the performance of work (including work of a professional nature), whether with or without the supply of Goods.
Terms means these Terms and Conditions of Trade.
- Maurice’s Pools & Spas Limited (“MPSL”) agrees to supply the Goods and Services to the Customer as specified.
2. The Customer has read and accepts this contract and acknowledges that any right of cancellation, addition, deletion, amendment, waiver or variation of these Terms by MPSL will only be effective if given in writing by a MPSL authorised person. If MPSL waives any of these Terms, the waiver will not affect MPSL’ rights under these Terms for any future purchases, unless otherwise stated.
3. Unless otherwise agreed in writing all freight, insurance, delivery and travel charges will be additional to any price quoted. Unless otherwise agreed in writing any quoted price may be altered prior to delivery of Goods and/or Services to the Customer. MPSL may withdraw any quotation before it is accepted. Unless otherwise agreed in writing, any quotation will lapse 30 days after it is given, without notice. All prices and charges are GST inclusive.
4. The price for Goods will be either as quoted to the Customer in writing or, if no written quote is provided, pursuant to MPSL standard charges applying at the time.
5. The Customer shall pay all amounts for Goods and/or Services supplied or invoiced, on the 20thof the month following the date of any invoice issued by MPSL for such Goods and/or Services (“the due date”).
6. The Customer will pay late payment charges to MPSL on all monies unpaid by the due date and will pay all costs incurred by MPSL in recovery of any Goods or monies subsequent to default by the Customer. The rate of late payment charges shall be 20.45%per annum from the date of default being the due date or the date upon which any cost of recovery is incurred. Such late payment charges shall be calculated daily and compounded monthly from the date of default until payment in full shall be received. The charging of late payment charges does not imply the granting of any extension of credit.
7. (a) When the Customer is in default, any monies received by MPSL shall be applied firstly in payment of late payment charges due, secondly in payment of recovery costs and the residue applied in reduction of the original invoice debt.
(b) If for any reason MPSL have to resell Goods ordered by the Customer the Customer shall pay and/or indemnify MPSL for all repossession, storage, resale (including any shortfalls including total loss sustained between the sale price to the Customer and the resale to a third party) and legal costs incurred and all costs of recovery as above.
RETURN OF GOODS FOR CREDIT
- Any return of Goods for credit must be within 10 days of the Customer’s receipt of those Goods. Unless otherwise agreed by MPSL, any credit for returned Goods is subject to the Goods being in resalable condition.
MPSL RIGHT OF CANCELLATION
- MPSL will have the right to cancel all or any part of any contract with the Customer, in addition to its other remedies, in the following circumstances: – If any amounts payable by the Customer to MPSL are overdue, or if the Customer becomes, or is likely to become bankrupt.
The Customer may not cancel any order for Goods or Services or part of it without MPSL’s written notice. If the Customer does so, in addition to any other rights MPSL may have, MPSL may retain any deposit paid.
- Where the Customer uplifts the Goods from MPSL premises, the Customer agrees to comply with all manufacturer/supplier requirements for the safe and proper transportation of the Goods.
12. Although MPSL shall use its best endeavour to deliver in accordance with any time specified by the Customer, MPSL will not be liable to the Customer or any party for any loss sustained due to any delay in delivery and MPSL reserves the right to cancel delivery of the Goods or such instalments thereof without prejudice to its rights to recover all sums owing to it in respect of deliveries already made.
13. If the Goods are ready for delivery on the date specified by the order of the Customer and the Customer does not take delivery when requested by MPSL to do so, MPSL will have the right to invoice the Customer for payment in accordance with Condition 5. Risk in the Goods shall pass from MPSL to the Customer when the Goods are delivered.
RISK AND TITLE
- Title in any Goods supplied by MPSL shall remain with MPSL until full payment for all monies owing by you (“the Customer”) to us (“MPSL”) have been made.
(a) If the Customer sells the Goods while monies remain owing to MPSL the proceeds of such sale shall be held on trust for MPSL and immediately paid to MPSL to cover the amount outstanding.
(b) Give us not less than 14 days prior written notice of any proposed change in your name, address and contact details.
WARRANTIES AND GUARANTEES
- Where applicable, Goods shall be supplied with manufacturer warranties
CONSUMER GUARANTEES ACT 1993
- The provisions of the Consumer Guarantees Act 1993 will apply.
- These Terms of Trade apply to Retail Trade transactions only.