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
- 1. Shipping
- 2. Ordering
- 3. Returns Process
- 4. Stock Availability
- 5. DOA, Faulty Goods and mis-picked goods
- 6. Liability and General
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
1.2 Loss and Damage
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.
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.
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.
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.
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.
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.
We will not reserve items on your order until we have received payment in full for those items and have accepted your order.
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.
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.
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.
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.
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.
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.
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.
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.