All prices are set by Petloader NZ with the following conditions
Unless otherwise stated all prices quoted are inclusive of Goods and Services Tax (GST)
Prices of products may be altered without notice.
All backorders at the time of any price change will reflect the new price.
We reserve the right to refuse to accept any orders, or any part of an order, for any reason whatsoever.
DELIVERY
We deliver to New Zealand via the Shopping Cart .
International customers such as Australia need to email us first so we can discuss freight etc.
Freight on all orders start from $55 for non rural deliveries within the North and South Islands.
Extra freight charges mayl apply to Rural Delivery Addresses and other islands and will be at actual freight cost.
PAYMENT
- Bank Deposit/Online Banking
- Credit Card Payment
Bank account number: 02-0644-0054282-000 (BNZ HASTINGS)
Payment By Credit Card
Terms & Conditions
These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Petloader NZ constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Petloader NZ (including an order) are hereby objected to and will not bind Petloader NZ unless Petloader NZ agree in writing. No sales person, representative or agent is authorised by Petloader NZ to give any guarantee, warranty or representation in addition to, or contrary to these terms. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1 PRICE AND PRICE VARIATION
1.1 Prices quoted are including GST and free freight unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods.
1.2 Petloader NZ shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Petloader NZ of carrying out the whole or any part of the contract arising from any of the following:
(a) Delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer's failure or inability to fulfill the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Petloader NZ’s control;
(b) Variation in the cost of Petloader NZ acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) Variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) Any correction of errors or omissions on the part of Petloader NZ or any of its representatives.
(e) Bulk Sale Items not supplied to Trade Competitors
2 GST
2.1 All goods and services sold are subject to Goods and Services Tax and prices shown include GST.
3 PAYMENT
3.1 Unless otherwise agreed, the purchase price shall be paid to Petloader NZ at its address before delivery the goods to you. Payment will not be accepted by any means other than cash, direct credit or direct debit. Paypal is available for internet sales only.
3.2 Petloader NZ reserves the right to suspend delivery of further goods if the terms of payment are not strictly adhered to by the Customer.
3.3 Any expenses, costs or disbursements incurred by Petloader NZ in recovering any outstanding monies including debt collection agency fees or solicitor's costs shall be paid by the Customer.
4 FRAUD
4.1 The Customer shall endeavor to return all goods acquired by fraudulent use.
5 DELIVERY
5.1 Petloader NZ or it’s contracted supplier shall deliver the goods to the address stated on the order or as agreed by Petloader NZ .
5.2 Petloader NZ or it’s contracted supplier shall deliver the goods by such carrier and such form of transport Petloader NZ consider to be appropriate.
5.3 Petloader NZ will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Petloader NZ control. Petloader NZ shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
5.4 The Customer agrees to inform Petloader NZ within 20 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with Petloader NZ for proof of delivery.
6 PRIVACY ACT 1993
6.1 The Customer authorises Petloader NZ to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) assessing the Customer's creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with Petloader NZ for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by Petloader NZ or Hector Jones Ltd to the Customer.
6.2 The Customer, if an individual, has a right of access to information about the Customer held by Petloader NZ . The Customer may request correction of that information and may require that the request be stored with that information. Petloader NZ may charge reasonable costs for providing access to that information.
7.4 Printing plates, stereos, film, artwork and all other equipment for specific use in the manufacture of the goods (other than those supplied by the Customer) remain the property of Petloader NZ unless the cost thereof (including all development and costs relating thereto) shall have been fully recovered by Petloader NZ from the Customer in the costing of the goods already paid for by the Customer.
7.5 All information prepared by Petloader NZ including, without limitation, customised pricing, proposals, electronic catalogues, details of improvements and cost reductions, is the intellectual property of Petloader NZ and cannot be copied, altered or distributed without Petloader NZ prior written consent. Petloader NZ will not be liable for any alterations made by you.
8 RETURN OF GOODS
8.1 Petloader NZ will not accept the return of goods for credit or any other purpose unless Petloader NZ agrees to accept the return of the goods and advise the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit within 14 days of delivery and will incur a 20% restocking fee , unless due to Petloader NZ error. Return freight will be at Petloader NZ cost only when there has been an error on Petloader NZ part.
8.2 No returned goods shall be accepted by Petloader NZ (even if Petloader NZ agrees to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to in clause 8.1. Where goods are returned to Petloader NZ but not accepted as above, they shall be returned to you at your expense.
8.3 Receipt by Petloader NZ or by any of our agents or representatives of any goods returned other than in accordance with clauses 8.1 and 8.2 shall not constitute nor be deemed to constitute Petloader NZ acceptance of the return of the goods for credit or any other purpose.
9 RISK
9.1 Risk in the goods shall pass to you at the time when our obligations under the contract are deemed under clause 5 to be completed.
10 No Responsibility To Sell Mispriced Product, Services or Product that has become unavailable
Petloader NZ shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, incorrect stock levels, rebate or refund, or containing any other incorrect information or typographical errors. Petloader NZ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged. If you have already paid for the order and your order is cancelled. Petloader NZ shall immediately issue a refund. Petloader NZ shall have the right to refuse or cancel any orders if purchased by a competitor.
11 PPSA SECURITY INTEREST
11.1 The Customer grants to Petloader NZ a Security Interest in the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to Petloader NZ under this contract (together "the Indebtedness") and, where the goods 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 Customers present and after acquired office equipment, supplies and stationery, of which the goods form part, to the extent required to secure the Indebtedness.
11.2 As and when required by Petloader NZ the Customer shall, at its own expense, provide all reasonable assistance and relevant information to enable Petloader NZ to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce Petloader NZ Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 ("PPSA").
11.3 The Customer shall not change its name without first notifying Petloader NZ of the new name not less than 7 days before the change takes effect.
11.4 The Customer warrants that the goods are not purchased for use primarily for personal, domestic or household purposes.
11.5 Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by Petloader NZ in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where Petloader NZ applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata.
11.6 Until the Customer has paid all money owing to Petloader NZ the Customer shall at all times ensure that:
(a) the goods supplied by Petloader NZ while in the Customer's possession, can be readily identified and distinguished; and/or
(b) all Proceeds (in whatever form) that the Customer receives from the sale of any of the goods are readily Identifiable and Traceable.
11.7 Where the goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer's business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the goods in the ordinary course of the Customer's business. Otherwise, until the Customer has paid all money owing to Petloader NZ, the Customer shall not sell or grant a Security Interest in the goods without Petloader NZ written consent.
11.8 The parties agree to contract-out of the PPSA in accordance with Section 11.7 of the PPSA to the extent that Section 11.7 applies for the benefit of, and does not impose a burden on, Petloader NZ.The Customer waives its right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement registered by or on behalf of Petloader NZ in respect of the Security Interest created by these terms and conditions of trade.
11.9 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.
12 GUARANTEES
12.1 Where the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Petloader NZ will repair or replace those goods;
(b) without excluding Petloader NZ Limited's obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Petloader NZ Limited does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Petloader NZ in writing;of any agreement a reasonable tolerance shall be allowed.7.3 Where the Customer supplies a mould, die, tool, printing plate or any other item used in the manufacturing process the Customer shall reimburse Petloader NZ for all maintenance expenses. Petloader NZ shall not be liable for any loss or damage to moulds, dies, tools or materials supplied by the Customer to Petloader NZ for the purposes of fulfilling any contract.
(c) if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
(d) if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer's contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods; and
(e) if the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Petloader NZ prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Petloader NZ requires, and the Customer agrees to indemnify Petloader NZ against any liability or cost incurred by Petloader NZ under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
12.2 The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) Defective goods or goods which do not comply with the contract may at Petloader NZ discretion be repaired or replaced, or the price refunded.
(b) Any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies Petloader NZ in writing within fourteen days following delivery and Petloader NZ is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) Petloader NZ will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
(d) Petloader NZ accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) 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
(ii) Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Petloader NZ in writing; or
(iii) Any services forming part of the supply of the goods which have been performed by any third party; and the Customer agrees to indemnify Petloader NZ against any such claim.
(e) In any event, Petloader NZ liability under any claim shall not exceed the price of the goods.
12.3 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
13 CUSTOMER'S LIABILITY & DEFAULT
13.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
(b) suffer execution under any judgment; or
(c) commit an act of bankruptcy; or
(d) make any composition or arrangement with any creditor; or
(e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it, Petloader NZ (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right Petloader NZ may otherwise possess.
14 VARIATIONS TO TERMS AND CONDITIONS OF TRADE
14.1 Petloader NZ may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT Petloader NZ shall not make any variation to the nature or extent of the Security Interest granted by the Customer in clause 11.1 without the written agreement of the Customer. Petloader NZ may notify the Customer by delivering to the Customer an invoice with these terms and conditions of trade and receipt of the invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of trade.
15 GOVERNING LAW
15.1 These terms of trade are governed by the laws of New Zealand.
15.2 Petloader NZ and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade