Terms and Conditions
of Sale
1. General
1.1) Acqshopping.co.nz is an Online shopping website owned by ACQ Development
Ltd.
1.2) "customer" means the company or entity purchasing the products from ACQ
Development Ltd..
1.3) "Products" means the products and/or services supplied by ACQ Development
Ltd..
2. Prices and Order
2.1) ACQ Development Ltd. will do its best to keep its customers informed of the
current prices. But prices may be changed without prior notice.
2.3) ACQ Development Ltd. reserves the rights to disapprove orders generated
with unacceptable prices, in condition of network errors, hacking, supplier
mistakes and code errors.
3. Payment and Credit
3.1) Unless ACQ Development Ltd. has agreed to extend credit to the customer,
payment is to be made before any product is delivered. Payment by any type of
bank transfer will not be considered payment until the payment has been fully
cleared into ACQ Development Ltd.s bank account.
3.2) Credit limits are established by ACQ Development Ltd. and confirmed in
writing. ACQ Development Ltd. reserves the right at all times without notice and
at its sole discretion to: refuse to grant credit; discontinue credit; require
fresh application/personal guarantee(s) to be submitted; charge interest on any
balance remaining outstanding after the due date.
3.3) For those approved purchasers who qualify for the extension of credit, our
terms are maximum 30 days from date of invoice.
3.4) Purchaser indemnify ACQ Development Ltd. against all costs, expenses,
damages or claims arising in any way where purchaser have failed to comply with
any one of these terms, as modified from time to time.
4. Freight and Insurance
4.1) All prices quoted in the published price list do not include freight,
handling or insurance costs. These will show separately on official ACQ
Development Ltd. invoices. Customers agree to pay all delivery cost.
4.2) Customers are responsible for insurance and risk in the products from the
time they are received by you or your agent.
4.3) Where goods appear to be damaged or missing, purchaser must contact the
carrier and ACQ Development Ltd. within 7 days of dispatch.
4.4) All claims for shortage during delivery must be to the carrier within 7
days of the date of delivery.
5. Property
5.1) Property and ownership in all products will remain with ACQ Development
Ltd. until fully payment received from purchasers.
5.2) ACQ Development Ltd. does not authorize any customer to use ACQ Development
Ltd. or the manufacturers trademarks names or associated materials.
5.3) The customer will not disclose or permit the disclosure of any information
concerning the Products or ACQ Development Ltd. business affairs, and
acknowledges that these are trade secrets and are commercially sensitive.
5.4) The customer will undertake to advise ACQ Development Ltd. immediately when
it becomes aware of any unauthorized use or attempted use by any person of the
trade marks or other intellectual property rights of ACQ Development Ltd..
6. Warranty
6.1) ACQ Development Ltd. reserves the right to withhold or refuse warranty
service whilst the customers credit account is in arrears.
6.2) All products purchased from ACQ Development Ltd. are covered by the
manufacturers warranty. Please check the warranty reference from manufacturers.
6.3) ACQ Development Ltd. will provide warranty service only in respect to
products that were supplied by ACQ Development Ltd..
6.4) No warranty is expressed or implied as to the quality or fitness of the
products for any particular purpose or otherwise.
6.5) ACQ Development Ltd. will not be liable for any loss, damage or injury to
the purchase or to any other person or to the property of the purchaser or any
other person arising out of the use or possession of the Products.
7. Product Returns
7.1) No product will be accepted for return without obtaining prior written
authorization from ACQ Development Ltd.. Freight, handling and insurance charges
will be to the customers account.
7.2) ACQ Development Ltd. may, but is not obliged to, accept the return of any
product that was ordered and correctly supplied.
7.3) If product was delivered incorrectly or with defects or damage, the
purchaser must notify ACQ Development Ltd. in writing within three days of
receipt of the product. The notification must quote the relevant invoice number
and must include all the necessary details of the incorrect delivery, defect or
damage. If purchaser fails to notify ACQ Development Ltd., the purchaser shall
be deemed to have received the product in good order and condition and that the
same had been delivered in accordance with the purchasers order.
7.4) The purchaser will be required to pay to ACQ Development Ltd., or ACQ
Development Ltd. will deduct from any refund, a handling charge of 20% of the
full purchase price (GST inclusive) of the product approved for return to ACQ
Development Ltd..
8. Variation
ACQ Development Ltd. reserves the right to modify and vary these terms and
conditions at any time.
9. Non Waiver
If ACQ Development Ltd. fails to enforce any terms or to exercise its rights
under these terms and conditions at any time, ACQ Development Ltd. has not
waived those rights.
10. Limitation of Liability
ACQ Development Ltd. will not be liable for any losses of any kind or any delay
in performing obligations caused by any natural disaster, floor or earthquake,
strike, lockout, fire, war, civil commotion, network service failure, inability
to obtain products or supplies including the imposition of any export or import
bans, or any other cause beyond its reasonable control.
11. Compliance with Applicable New Zealand Laws
These terms and conditions are governed by the New Zealand and any dispute under
them shall be subject to the jurisdiction of the Courts of New Zealand. |