TERMS OF TRADE / WARRANTY

Trade Terms

1) APPLICATION

  • Extrusion Engineering Limited and the purchaser (Purchaser) agree that these terms and conditions of trade (Terms) will apply to any goods and services supplied by Extrusion Engineering Limited to the Purchaser (Goods).

  • If there is a conflict between these Terms and any other terms and conditions of the Purchaser (or included as part of any Purchaser documentation) these Terms will prevail unless Extrusion Engineering Limited has specifically agreed in writing that these Terms no longer apply.

  • If there is a conflict between these Terms and a written supply agreement signed between the Purchaser and Extrusion Engineering Limited then those provisions of the supply agreement will apply only to the extent that they conflict with these Terms.

  • Extrusion Engineering Limited may amend these Terms at any time. The amended Terms will apply in respect of all Orders placed with Extrusion Engineering Limited following the date the amended Terms are provided to the Purchaser.

2) ORDERS

  • The Purchaser will place written orders for Goods which comply with the ordering process specified by Extrusion Engineering Limited form time to time (Order).

  • Each Order will be considered an offer to purchase the Goods and will only be accepted once Extrusion Engineering Limited either supplies the Goods or sends a written confirmation of the Order to the Purchaser.

  • Extrusion Engineering Limited may accept the Order or decline to accept the Order in whole or in part, in its sole discretion.

  • Orders accepted by Extrusion Engineering Limited are subject to Extrusion Engineering Limited’s ability to supply the Goods. Following acceptance of an Order, Extrusion Engineering Limited may cancel or refuse to supply any Order at any time in its sole discretion.

  • Any Order accepted by Extrusion Engineering Limited may not be revised, altered or cancelled by the Purchaser unless agreed in writing by Extrusion Engineering Limited.

3) PRICE AND PAYMENT

  • All prices shown exclude GST unless the offer specifically notes that the price is including GST. . All information is subject to change without prior notice. Extrusion Engineering Limited does not accept any responsibilty or liability for the accuracy, content, completenes, legality, or reliability of the information contained on this website.

  • The price for any Goods supplied to the Purchaser (Price) will be:

    • the price agreed between the parties; or

    • in the absence of any agreement between the parties, Extrusion Engineering Limited’s prices applicable for the Goods at the time of the acceptance of the Order by

  • Extrusion Engineering Limited may change Prices at any time.

  • Extrusion Engineering Limited will invoice the Purchaser the Price for all Goods ordered (Invoiced Amount).

  • Credit terms are order specific and only valid if agreed to by Extrusion Engineering Limited in writing, and only if the terms are listed on the invoice.

  • Unless credit terms are agreed to by Extrusion Engineering Limited, good will normally not be releaded until paid.

  • Unless credit terms are agreed to by Extrusion Engineering Limited, The Purchaser will pay the Invoiced Amount in full and without deduction immediately on receipt of the invoice

  • if credit terms are agreed, The Purchaser will pay the Invoiced Amount in full and without deduction or set off on the date specified by Extrusion Engineering Limited in any invoice (Due Date) or if no due date is specified,by the 20th day of the month following the date of the invoice.

  • Unless expressly stated in writing, the Price excludes GST (and any other relevant taxes and duties (if any)) which will be payable by the Purchaser in addition to the Price.

  • If the Purchaser fails to pay any amount owing to Extrusion Engineering Limited in full on or before the Due Date, Extrusion Engineering Limited may, without prejudice to any other right or remedy Extrusion Engineering Limited may have:

    • charge the Purchaser (who will pay Extrusion Engineering Limited on demand) default interest at 2% per month on the overdue amount, calculated daily from the Due Date until the date on which payment of the overdue amount is made in full;

    • charge the Purchaser (who will pay Extrusion Engineering Limited on demand) all costs (including all legal costs on a solicitor-client basis and all collection costs) incurred by Extrusion Engineering Limited in the collection of such overdue amounts; and

    • refuse to deliver any Order, cancel or suspend any Order, place any overdue account on hold or stop providing credit facilities to the Purchaser and any related entity of the Purchaser.

4) DELIVERY

  • Delivery will be considered to have taken place when the Goods are made available for collection by the Purchaser from Extrusion Engineering Limited’s premises (Delivery). If Extrusion Engineering Limited agrees to arrange for the transportation of any Goods from Extrusion Engineering Limited’s premises on behalf of the Purchaser:

    • the transportation of such Goods is at the Purchaser’s expense;

    • the Goods will be properly and suitably packed by Extrusion Engineering Limited and in such manner as to reach the intended destination in good condition under normal conditions of transport;

    • Extrusion Engineering Limited will act as the agent for and on behalf of the Purchaser and will not be liable for, or responsible for, any damage that occurs after Delivery, and

    • Extrusion Engineering Limited will not be liable to the Purchaser for any loss of revenue, loss of profits or any other indirect or consequential losses or liabilities incurred by the Purchaser if any Goods are delivered on any specified date.

5) RISK AND TITLE

  • Unless agreed in writing by Extrusion Engineering Limited, all risk of loss, damage, deterioration or destruction to the Goods will pass to the Purchaser on Delivery. Title to any Goods will not pass to the Purchaser until Extrusion Engineering Limited has received payment in full for all Goods supplied to the Purchaser.

  • Until title to the Goods passes, the Purchaser will:

    • hold the Goods as a bailee only;

    • clearly designate the Goods as Extrusion Engineering Limited’s property and store the Goods in such a way that they are identified as Extrusion Engineering Limited’s property; and

    • maintain the Goods in good order and condition and preserve the Goods in their present form.

  • Without limiting Extrusion Engineering Limited’s other rights and remedies, Extrusion Engineering Limited will be entitled to retake possession of any Goods at any time prior to payment in full being received for those Goods. The Purchaser grants Extrusion Engineering Limited an irrevocable right and authority to enter onto any place where such Goods are, or thought to be, at any time, and to take and resell the Goods and to retain the proceeds from such sale. Any shortfall arising from such sale will be a debt due and owing to Extrusion Engineering Limited by the Purchaser.

6) PERSONAL PROPERTY SECURITIES ACT 1999

  • The Purchaser acknowledges that the retention of title in clause 5 gives rise to a security interest in all present and after acquired Goods supplied by Extrusion Engineering Limited to the Purchaser to secure the Purchaser’s performance of its obligations to Extrusion Engineering Limited.

  • The Purchaser undertakes to:

    • promptly do all things, execute all documents and/or provide any information which Extrusion Engineering Limited may reasonably require to enable Extrusion Engineering Limited to perfect and maintain the perfection of its security interest (including by registration of a financing statement);

    • give Extrusion Engineering Limited not less than 14 days’ prior written notice of any proposed change in its name and/or any other change to its details; and

    • immediately on request by Extrusion Engineering Limited (and at the Purchaser’s expense) obtain from any third party such agreements and waivers of any security interest that third party has in the Goods, to ensure that at all times Extrusion Engineering Limited has a first priority security interest in the Goods.

  • The Purchaser waives its rights to receive a copy of any verification statements under the PPSA and agrees that as between Extrusion Engineering Limited and the Purchaser:

    • the Purchaser will have no rights under (or by reference to) sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA; and

    • where Extrusion Engineering Limited has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

7) RETURN OF GOODS

  • (a) Any claims by the Purchaser that any Goods supplied do not correspond to the relevant Order, or that any Goods received are defective, must be made in writing to Extrusion Engineering Limited within 10 working days after Delivery.

  • If no claim is received by Extrusion Engineering Limited within the 10 working day period the Purchaser will be considered to have irrevocably accepted the Goods.

  • If a claim is made by the Purchaser under clause 7(a):

    • the Purchaser will advise Extrusion Engineering Limited of the defect in the Goods and seek Extrusion Engineering Limited’s permission to return those Goods to Extrusion Engineering Limited for testing or verification (at the Purchaser’s cost); and

    • subject to verification, and on receipt of the Goods returned:

      • if Extrusion Engineering Limited supplied incorrect or defective Goods, Extrusion Engineering Limited will (at the Purchaser’s election) either issue a credit note for the Goods or, if possible, transport the applicable replacement Goods to the Purchaser at no additional cost to the Purchaser; or

      • if Extrusion Engineering Limited has not supplied incorrect or defective Goods, or the claim is made outside the applicable period, then Extrusion Engineering Limited will return the Goods to the Purchaser at the cost of the Purchaser and the Purchaser will have no further claim against Extrusion Engineering Limited in relation to those Goods.

TESTING AND ACCESS

  • If Extrusion Engineering Limited wishes to commission or test the Goods it will give the Purchaser reasonable notice of its intention to do so. The Purchaser will allow or arrange reasonable access for Extrusion Engineering Limited to any site in order to carry out these tasks.

LIMITATION OF LIABILITY

  • Without prejudice to clause 7, the Purchaser acknowledges and agrees that:

    • Extrusion Engineering Limited is not liable to the Purchaser in any manner in connection with any breach of these Terms, other than to compensate the Purchaser for the cost of replacement of any Goods pursuant to clause 7; and

    • nothing expressed or implied in these Terms will confer any liability on Extrusion Engineering Limited for any consequential, indirect or special loss, damage, cost or expense suffered or incurred by the Purchaser as a direct or indirect result of:

      • a breach by Extrusion Engineering Limited of any of its obligations under these Terms; or

      • any use of the Goods otherwise than in accordance with any relevant specifications notified by Extrusion Engineering Limited to the Purchaser.

NO WARRANTIES

  • Unless warranted in writing by Extrusion Engineering Limited (in relation to of any specific Goods), Extrusion Engineering Limited makes no representation, warranty or undertaking (whether express or implied) in relation to any Goods (including as to the merchantability, quality, or condition of the Goods, compliance with the description of the Goods, the suitability or fitness of the Goods for the Purchaser’s purposes, or the use of the Goods) and to the maximum extent permitted by law, all such representations, warranties and undertakings are negatived and excluded.

  • Unless secifically noted in advertising or other information supplied by Extrusion Engineering Limited, and clearly noted as consumer product, all goods supplied by Extrusion Engineering Limited are intended for business use only.

  • Unless secifically noted in advertising or other information supplied by Extrusion Engineering Limited, and clearly noted as consumer product, all goods supplied by Extrusion Engineering Limited are not suitable or intended for consumer use. For the avoidance of doubt, even if similar products are regularly purchased by comsumers, the versions of these products sold by Extrusion Engineering Limited are not suitable for consumer use, not packaged for consumer, no documentation customary for consumer use is supplied.

  • Purxhaser agrees that any product purchased from Extrusion Engineering Limited is by its nature intended for use by competent professionals only, and not suitable or intended for consumers.

  • The Purchaser is acquiring (or represents itself as acquiring) any Goods for the purposes of a business: In terms of section 43(2) of the Consumer Guarantees Act 1993 (Act), the Purchaser will not assert or attempt to assert any rights or claims against Extrusion Engineering Limited under the provisions of the Act.

  • The Purchaser acknowledges that it is not relying on Extrusion Engineering Limited’s skill or judgment as to the suitability or otherwise of the Goods for any purpose.

  • Where the Purchaser onsells any Goods to consumers who purchase those Goods for business purposes, the Purchaser will contract out of the Act in the same manner as provided in clause 0(b). If the Purchaser fails to do so, the Purchaser will indemnify Extrusion Engineering Limited against any claim, expense or loss suffered or incurred by Extrusion Engineering Limited as a direct or indirect consequence of such failure.

PRIVACY

  • Any information about the Purchaser provided at any time to Extrusion Engineering Limited may be used by Extrusion Engineering Limited for any purpose connected with Extrusion Engineering Limited’s business including (but not limited to) direct marketing, debt collection and credit reporting or assessment. Extrusion Engineering Limited is authorised to provide such information to any external agency or party for credit information and assessment purposes and that agency or party is authorised by the Purchaser to use and continue to use such information as part of its business services. Extrusion Engineering Limited and any external agency or party may retain and/or use such information for as long as they see fit.

GENERAL

  • The Purchaser will not assign or otherwise transfer its rights or obligations under these Terms to any person without the prior written consent of Extrusion Engineering Limited.

  • Extrusion Engineering Limited will not be liable for any act, omission or failure by it under these Terms if that act, omission or failure results directly or indirectly from an event or circumstances beyond the reasonable control of Extrusion Engineering Limited, to the extent permitted by law.

  • Any waiver by a party of any of its rights or remedies under these Terms will be effective only if it is recorded in writing and signed by a duly authorised senior representative of that party. If the waiver relates to a breach of any provision of these Terms, this will not (unless stated otherwise) operate as a waiver of any other breach of that provision. No waiver of any breach, or failure to enforce any provision, of these Terms at any time by either party will in any way affect, limit or waive that party’s right to subsequently require strict compliance with these Terms.

  • If any provision of these Terms is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

  • These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms.