These terms and conditions of sale apply to all orders placed through the
web site of http://beedeebags.co.nz In these terms and conditions the
words "we", "us" and "our" refer to BEE DEE BAGS (NZ) LIMITED
(Company Number: 4170138) and the words "you" and "your" refer to the person placing the
relevant order.
- 1. Shipping
- 2. Ordering
- 3. Returns Process
- 4. Stock Availability
- 5. DOA, Faulty Goods and mis-picked goods
- 6. Liability and General
1. Shipping
1.1 Shipping Times
Shipping and despatch times on our website are indicative only. We
will make every effort to despatch your order in a timely manner, delivery
times are indicative only and we are not liable for shipments which do not
arrive at the expected time. To avoid delays in transit, we suggest you
provide an attended business address such as a work address where someone
you trust will be available to receive the order during normal business
hours.
1.2 Loss and Damage
(a)
Goods in Transit - All our
risk for loss of goods or damage in transit ends at the time we provide the
goods to the courier, or they otherwise leave our possession.
(b) Transit Goods Insurance -
Insurance is available for your goods, and must be specified when you are
ordering. Insurance is charged on a per consignment basis to cover the
value of goods.
1.3 Additional Fees
(a) Where we incur extra
delivery charges as a result of your action or inaction, these may be
passed on to you at our discretion.
1.4 Transfer of Ownership
(a) Ownership of the goods will pass to you once they have been paid to us in full.2. Ordering
2.1
All orders placed with us are subject to our acceptance. We have no
obligations in relation to any order placed until we have accepted it.
2.2
Unless we expressly agree with you otherwise, we are not required to
despatch any order until we have received payment in full for all items on
the order.
2.3
We offer a 30 day credit account for Pre-Approved Trade Partners Only which
have provided us with a completed credit application signed, witnessed and
approved by our Credit Controller to which we have agreed in writing to
such credit. We reserve the right to refuse or revoke credit to any
organisation or individual.
3. Returns Process
3.1
BEFORE returning any goods, faulty or not, you must contact us, explain the
issue and (if applicable) request to return the goods. Where appropriate,
we will issue you with a Return Authorisation Number. Any goods returned to
us without a Return Authorisation Number will not be processed.
4. Stock Availability
4.1
Despite stock information displayed on our website being linked live to our
inventory system, quantities on our website are a GUIDE only. We do not
guarantee the accuracy of stocking information although we aim to keep this
information as accurate as possible.
4.2
We will not reserve items on your order until we have received payment in
full for those items and have accepted your order.
5. DOA, Faulty Goods and mis-picked goods
5.1
You will need to notify us WITHIN 14 DAYS from invoice date if a product
you have received is DOA ("Dead on Arrival" - not working), is faulty, has
been damaged in transit, has been mis-picked (IE is not the product you
have been invoiced for) or if you feel the product differs from the picture
or description advertised on our website.
5.2
Please ensure products and packaging remain in new condition. We do send
out replacement products in advance of receiving the returned goods. Once
goods arrive, they will be tested by our staff. If that testing shows that
the goods are in normal working order, they will be held at our warehouse
for collection and we may charge you handling and shipping fees.
6. Liability and General
6.1
To the greatest extent permitted by law, we exclude all terms, conditions
and warranties which would otherwise be implied into this agreement. Where
we are not permitted to exclude a term, condition or warranty, it forms
part of this agreement and, to the greatest extent permitted by law, our
liability for a breach of that term, condition or warranty, is limited, at
our election, to one or more of the following:
In the case of goods:
(i) the replacement of the goods or
the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of
replacing the goods or of acquiring equivalent goods;
(iv) the payment of the cost of
having the goods repaired; or
(v) in the case of services:
(vi) the supplying of the services
again; or
(vii) the payment of the cost of
having the services supplied again.
6.2
We are not liable to you for any special, consequential or indirect loss or
damage arising from or in relation to any good or service acquired from us.
In particular, we have no liability to you for any loss of profits, or
opportunity, any internal costs you incur, or any data you lose resulting
from any goods or services acquired from us.
6.3
Subject to clause 6.1, our total aggregate liability to you for all loss or
damage arising out of or in respect to this agreement, or any acquisition
of goods or services from us is limited to the amount received by us from
you in respect of the acquisition of that good or service.
6.4
This contract sets out the whole of the agreement between us and, except to
the extent explicitly agreed by us in writing, any terms or conditions
appearing on any other documentation, including on a purchase order, are of
no effect.
6.5
This agreement is governed by the laws in force in the State of New South
Wales. All actions in relation to this agreement, or any product or service
purchased under this agreement must only be commenced or continued in a
court located within NSW. No action in relation to this agreement or any
product or service purchased under this agreement may be commenced more
than 12 months after the cause of action arose.
6.6
Where we are prevented from performing an obligation under this agreement
as a result of a cause outside our reasonable control, our obligation is
suspended until a reasonable time after that cause ceases to prevent us
from complying with that obligation.