Terms and Conditions for Wholesale Customers
LEVANTE TECHNOLOGIES T/A TIO PABLO (“THE SELLER”)
1. CONDITIONS: sales by the Seller and any contract arising therefrom or any variation thereof are subject to the following terms it is expressly agreed that no other statements, representations, terms, conditions and / or warranties whether express or implied shall form part of the contract or in substitution hereof save and accept any exceptions thereto contained in writing in an original quotation issued by this seller. Notwithstanding the foregoing, of the goods that are supplied in New Zealand and the Buyer is a “consumer” within the meaning of the New Zealand Consumer Guarantees act 1993, this warranty shall be subject to that act and the terms of this warranty which impose less strict duties on LEVANTE TECHNOLOGIES and provides remedies less advantages to the buyer shall not apply to such buyer which is a “consumer as aforesaid.
2. PRICE: All prices shown on this invoice are stated as at the time the order was received by the seller and any variation of these prices from previous published price lists or from previous quotations is not subject to notification by the Seller to the Buyer. This includes any variation of these prices due to changes in manufacturing costs, wages, freight, insurance, rates of exchange, duty, landing charges or any other cause. Unless previously withdrawn, quotations remain open for acceptance for the period stated, but if no period is stated, they remain open for acceptance for a period of 30 days only from the date thereof.
3. TERMS:
3.1. Cash Sales: Goods are subject to full cash with order.
3.2. Credit Sales: Terms of payment are Net Cash 20 Days from date in which the goods are invoiced payable to Levante Technologies Ltd. Except where any other terms are specifically arranged and contained in writing in the Quotation.
3.3. Any costs or expenses incurred by the Seller in recovering any outstanding amount owed by the Customer - including but not limited to debt collection agency fees, repossession costs, legal fees, and any other third-party recovery charges, shall be added to the Customer's outstanding balance and form part of the total amount payable by the Customer to the Seller.
3.4. If the Seller shall deem the credit of the Buyer to be unsatisfactory it may at any time require security for payment and may withhold delivery until provision of sufficient security or the Seller may at its option suspend or terminate the contract and payment for all goods delivered up to the date of such suspension or termination and other moneys payable hereunder shall immediately become due and payable.
4. RETURNS: Returns for credits may be offered at the sole discretion of the Seller for goods which are beyond their sell dates, however returns for credits cannot be imposed by the Buyer under any circumstances.
5. CANCELLATION: no order once accepted by the seller may be cancelled or varied by the Buyer accept by written agreement of the Seller. Normally, the Seller shall not agree to cancellation where it has already ordered materials for the purpose of fulfilling the Buyers order.
6. DELIVERY: the Seller shall use reasonable endeavors to execute all orders within any time which may be stated but accepts no liability for any direct or indirect loses which may arise through variation, non-delivery due to the manufacturer, shipping or any other cause otherwise stated. If the Buyer fails to accept the goods or requests a delay in delivery, the Buyer shall pay reasonable storage changes until such time as delivery is made pursuant to which the Buyer accepts the goods. If the Buyer refuses to accept delivery, the price for the goods is payable when the Seller advices the Buyer that it is able to affect delivery. The Buyer is bound to accept and pay for the goods delivered within a reasonable time after cause of delay has ceased. The Seller reserve the right to deliver the goods by installment and each installment shall be deemed to be a separate contract subject the conditions of the main contract.
7. SUITABILITY OF GOODS: The Buyer must satisfy himself that the goods ordered are fit and suitable for the purpose for which they are required and no liability shall attach to the Seller should they not be so fit and suitable. Levante Technologies shall provide product information as requested within reason by the purchaser but assumes no liability whatsoever for the use of such information in any application.
8. RISK AND PROPERTY: Risk in the goods from Seller to Buyer on delivery from which date the goods shall be at the sole risk of the Buyer notwithstanding that payment for the goods may be payable whole or in part at a later date. Should the goods remain on the Sellers premise or with a carrier due to failure of the Buyer to accept the goods or at the request of the Buyer all such risk shall be borne by the Buyer form the date of the Buyers failure or request as the case may be.
8.1 Supplier to Retain Property: Property in and ownership of the goods will remain with Levante Technologies t/a Tio Pablo and will not pass to the Buyer until all goods supplied to the Buyer have been paid for in full and the Buyer has paid all sums owing to Levante Technologies t/a Tio Pablo on account whatsoever. Until property in and ownership of all the goods passes to the Buyer, the Buyer holds the goods as bailee for and in a fiduciary relationship with Levante Technologies t/a Tio Pablo.
8.2 Power to Re-possess: Levante Technologies t/a Tio Pablo may at any time without notice retake possession of such goods and proceeds and if necessary for that purpose may enter upon such premises in which goods may be, or are believed to be,
9. WAIVER: No waiver or other modification of the current contract, save is expressly provided herein or in an original quotation shall be effective unless make in writing and notified to the or the party and failure or delay in insisting upon strict performance of any terms shall not be deemed to be waiver or modification to this contract or an election between alternative remedies by the Seller.
Obligation to Pay: Notwithstanding Levante Technologies t/a as Tio Pablo retention of legal title until payment, the Buyer's obligation to make payment in accordance with terms and conditions mentioned above will remain in full force and effect.