PERFTECH NZ LIMITED TERMS AND CONDITIONS OF SALE

DATED: THE 15th DAY OF November 2021

PERFTECH NZ LIMITED TERMS AND CONDITIONS OF SALE

e-commerce T’s & C’s (Top)

In these terms and conditions, the words “we” “us” and “our” refer to Perftech NZ Ltd. Your access to and use of all information on this website including the purchase of our product/s is provided subject to the following terms and conditions. The information and terms are intended for residents of New Zealand only under the New Zealand legal jurisdiction. We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We, therefore, recommend that each time you access our website or issue any order subsequent to receiving a quotation from Perftech NZ Ltd. the purchaser prints and reads these terms and conditions in their entirety on acceptance of any purchase order/s.

Product Descriptions

  • We strive to ensure that our products are described as accurately as possible on our website, however, we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

  • Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product

Product Orders

  • Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

  • We supply and despatch our products to customers within New Zealand mostly. Any orders received on this e-commerce site from an overseas customer will require an accurate freight cost calculated and invoiced separately, which must be paid prior to Perftech NZ Ltd shipping from our warehouse.

  • We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

  • Packaging and postage could be deemed as additional charges, calculated at the time of despatch on some items. Perftech NZ Ltd reserve the right to invoice for these charges post-order placement if different from the freight option selected or given to our customer service team upon loading any order/s.

  • When you order from us, we require you to provide your name, address for delivery, email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

  • We undertake to accept or reject your order within 2 days. If we have not responded to you within 2 days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.

  • Delivery of your ordered product/s will be as set out on our website. Title of the goods passes to you when we have received payment. Our terms of payment are set out on the order page.

  • All risk of loss or damage to the goods passes to you when we despatch the goods.

  • Perftech NZ Ltd reserves the right to re-invoice the customer or adjust an invoice when the quantity sold does not match the quantity stipulated by the customer.

Order Cancellation

  • Where a product has been uploaded at the incorrect price or incorrect descriptive information or image due to typographical error or similar oversight by PerftechNZ Ltd, we reserve the right to cancel a transaction in consultation with the buyer. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

  • All direct indent and imported orders require payment upfront or a deposit to be paid upfront if payment terms have been accepted by our management.

  • MTO (made-to-order) products or similar can not be cancelled by the customer 24 hours post receiving the official Purchase order number from the customer.

Product Returns

  • We undertake to replace you for any product delivered to you that is faulty or in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through either our designated “contact us” webpage or at sales@perftech.co.nz where we set out our requirements relating to the return of such goods.

  • If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges once the goods have been returned or inspected.

  • Any custom made-to-order products where a specification has been drafted by Perftech or another third party and is signed off by/or on behalf of the customer, which then results in the product/s being manufactured incorrectly and/or fabricated out of specification will not be accepted back as returned unless agreed with by Perftech management prior and confirmed in writing on email.

  • For order returns where the customer no longer requires the product a handling charge of 30% will be deducted from the value of the total invoice. All product returns must be discussed and agreed upon with Perftech prior to returning.

  • MTO (made-to-order) orders that have been signed off by the customer cannot be returned for a refund unless authorised by Perftech NZ LIMITED’S management in writing.

Site Access

  • When you visit our website, we give you a limited licence to access and use our information for personal or company use.

  • You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

  • Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

  • The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

Hyperlinks

  • This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

  • Linking our website is not permitted unless authorised by Perftech NZ Ltd management. We reserve the right to serve you with notice if we become aware of such linking.

Intellectual Property Rights

  • The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

  • All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission

Disclaimers

  • Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. Exclusive warranties will be considered by Perftech NZ Ltd and duly qualified in due diligence by Perftech NZ Ltd. management.

  • To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms and conditions is excluded.

  • We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however, we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

Limitation of Liability

  • To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.

  • We accept no liability for any loss whatsoever including consequential loss suffered by you arising from the product/s we have supplied.

Indemnity

  • By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

  • If a Force Majeure event causing delay continues for more than thirty days, we may terminate this Agreement by giving at least thirty days’ notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

  • These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.

  • If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

  • We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

  • Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Payment Terms

  • Perftech’s Company policy is all initial orders for non-account holders are COD terms (cash on delivery)

  • Account Holders will receive either 7, 14 or 30-day terms on a case-by-case basis, this can be reviewed on the application or placement of orders once credit references are reviewed and Perftech NZ Ltd has opened a credit facility for the customer.

  • Payment via the website must be made in full by credit or debit card upon checking out in the transaction process. It is important that the correct delivery address is given. If there are changes to the delivery address or the address given is either rural or residential Perftech NZ Ltd will require any surplus delivery charges to be invoiced separately and will provide a separate invoice via email. These charges require payment in full prior to despatching the product.

  • For orders received outside of this e-commerce platform, the payment terms will be issued at the time of quotation.

  • Credit applications will be processed and accepted or declined within 5 working days or sooner.

  • Credit applications can be requested from accounts@perftech.co.nz or the sales team by emailing sales@perftech.co.nz

  • Perftech NZ Ltd reserve the right and in consultation with the customer to invoice for any excess freight charges, when the amount exceeds the estimated amount quoted to our customer significantly during the order fulfilment process.

  • Perftech NZ Ltd reserves the right to invoice separately the customer for any late payment fees, collection costs and any associated legal costs incurred in the collection process. These charges will be invoiced to the customer monthly at a cumulative rate of 1.50% of the total amount of the invoice/s outstanding.

PERFTECH NZ LIMITED TERMS AND CONDITIONS OF SALE

Trade Accounts & Cash Sales

These Terms and Conditions constitute the terms of sale in its entirety.

By accessing and using the information on the website, including products or services quoted or invoiced, it is officially acknowledged that the customer has been provided and read and agree to the following terms and conditions stated below

It is hereby agreed that:

1. DEFINITIONS

  • SUPPLIER being Perftech NZ Limited

  • CUSTOMER being Customer of the Services, Products, and/or Goods of the Supplier.

  • GOODS being all Goods or Services supplied by Perftech NZ Limited at the Customer’s request from time to time. Where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable with another.

  • PRICE being the Price Payable (plus any GST) for the Goods as agreed between Perftech NZ Limited and the Customer.

  • 2. TERMS OF PURCHASE

2.1 The customer agrees they are over the age of 18 years old and hold official residency in the legal jurisdiction in which these stated terms and conditions are enforceable.

2.2. The Supplier will confirm or reject the order within two (2) business days. If the order has not received a confirmation within two (2) business days it will be deemed to be rejected. The Supplier reserves their right to not provide reason for rejecting the offer, however the most likely reasons would be not having the product in stock.

2.3. The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms if the Customer places an order for and/or accepts or instructs the Supplier delivery of the said Goods.

2.4. These terms may only be amended and/or varied by consent of the Supplier in writing, and shall prevail to the extent of any inconsistency with any other document or contract between the Customer and Supplier

2.6. Packaging and Postage may be deemed as additional charges, calculated at the time of dispatch on some items. The Supplier reserves the right to invoice the Customer for these charges post-order placement if different from the freight option selected or given to our customer service team upon loading any order/s.

3. DELIVERY

3.1. Delivery of the ordered product/s will be set out as on the Supplier’s website. Title in the Goods passes to the Customer when payment has been received in its entirety

3.2. All risk of loss or damage to the goods passes to the Customer once the Goods are dispatched.

3.3. If the Customer requests or provides specific instructions for delivery or collection of the Goods then the Customer shall take sole risk of the Goods regardless of whether the Title has been passed or not.

3.4. The Supplier may, when necessary, deliver the Goods in separate instalments. Each instalment shall be invoiced and paid in accordance with these terms and conditions.

3.5. Any lead time specified by the Supplier is an estimate only. The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for Delivery. The Supplier will not be liable for any loss or damage incurred by the Customer as a result of the Delivery being late. In the event that the Customer is not able to take Delivery of the Goods as arranged then the Supplier is entitled to charge a fee for redelivery and/or storage.

4. SITE ACCESS AND CONDITION

4.1 IN the event that PERFTECH requires access to the customers site:

the Customer shall ensure that PERFTECH has clear and free access to the site at all times to enable them to undertake the Works (including carrying out Worksite inspections, gain signatures for required documents, and for the delivery and installation of the Materials). PERFTECH shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of PERFTECH;

it is the Customer’s responsibility to:

provide PERFTECH, while at the Worksite, with adequate access to available water, electricity, toilet and washing facilities; and

be wholly responsible for animals and/or minors on the Worksite.

the Customer shall contact adjoining neighbours and gain their permission to remove any walls or fences on boundaries and unless otherwise agreed, it shall be the Customer’s responsibility to organise either temporary fencing and/or security guards to secure the Worksite during the performance of the Works by PERFTECH and shall be liable for all costs associated in taking all reasonable precautions to protect against destruction or damage by way of vandalism or theft. Failure to comply with this clause in the event that the Worksite is destroyed or damaged due to vandalism then the cost of repair or replacement shall be borne by the Customer.

PERFTECH is not responsible for the removal of rubbish from or clean-up of the building/construction Worksite/s. All rubbish generated by PERFTECH will be placed in a designated area appointed by the Customer but the responsibility of removal of same is the Customer or the Customer’s agent, unless otherwise agreed.

The Customer agrees to be present at the Worksite when and as reasonably requested by PERFTECH and its employees, contractors and/or agents.

Worksite Inductions

in the event the Customer requires an employee or sub-contractor of PERFTECH to undertake a Worksite induction during working hours, the Customer will be liable to pay the hourly charges for that period. If any induction needs to be undertaken prior to the commencement date then the Customer shall be liable to pay PERFTECH’s standard (and/or overtime, if applicable) hourly labour rate; or

where PERFTECH is in control of the Worksite, the Customer and/or the Customer’s third-party contractors must initially carry out PERFTECH’s Health & Safety induction course before access to the Worksite will be granted. Inspection of the Worksite during the course of the Works will be by appointment only and unless otherwise agreed, in such an event the Customer and/or third party acting on behalf of the Customer must at all times be accompanied by PERFTECH.

5. PRICE AND PAYMENT

5.1. Time for payment for the Goods being of the essence, the Price of the Goods is payable on order of the Goods.

5.2. Payment may be made by cash, credit card, and/or electronic/online banking. A surcharge per transaction may apply.

5.3. The Supplier reserves the right to change the Price if a variation to quotation is requested. Any variation will be detailed in writing, and as shown in variation on the final invoice.

5.4. At the time of order, the Supplier requires the Customer to provide:

(a) Name

(b) Address for delivery;

(c) Email address;

(d) Telephone contact;

(e) Credit card details

(f) The Supplier will take care when handling this information, but in providing the Supplier with this information the Customer is aware that the Supplier will take no liability for its misuse due to error in transmission, virus, or malware.

5.5. At the Supplier’s sole discretion a non-refundable deposit may be required.

5.6. In the event that Payment is not received when due, and without prejudice to any other remedies available to the Supplier, the Supplier may at its discretion charge default interest on monies overdue at a rate of 3%, which will accrue on a daily basis and compound monthly from the due date for payment until all amounts due, including default interests, have been paid in full.

6. CREDIT ACCOUNT

6.1 A Credit Account may be set up for the purpose of business to business orders. Your details will not be disclosed to third parties unless otherwise stated.

6.2 The execution of the application for an Account constitutes an offer by the Customer to acquire and use a Credit Account on the terms and conditions set out herein.

6.3 The Customer agrees that a deposit of 50% of the order is to be paid.

6.4The Supplier reserves the right to charge in full and inclusive of GST for any Samples ordered. Any mistake or error made in the ordering process remains the fault of the Customer and as such is payable by them.

6.5 The Customer agrees to pay to the Supplier as specified in the invoice, for the amounts set out in the invoice. Payment for the amount shall be in New Zealand Dollars (NZD).

6.6 Where the Client has defaulted on their payment obligations under this Contract, the Supplier reserves the right to charge interest at a rate of 3%, which will accrue on a daily basis and compound monthly from the due date for payment until all amounts due, including default interests, have been paid in full.

6.7 Security for Performance of the Contract for Credit Accounts may be granted by way of a security interest being lodged in favour of the Supplier in the PPSR, pursuant to Clause 7.

7. RETURNS

7.1. The Supplier will replace any product delivered that is faulty or in a damaged condition. Notification of this must be made through the designated contact us webpage or at sales@perftech.co.nz (mailto:sales@perftech.co.nz) where requirements for return of such goods is set out.

7.2. All Product returns must be discussed and agreed with the Supplier prior to return. The Supplier will not accept return of Goods without prior arrangement.

7.3. If the Supplier is unable to replace or exchange the returned Goods, the Supplier will reimburse the Credit Card for the amount initially debited for the purchase, including packaging and postage charges once the Goods have been returned and inspected, and accepted for Return.

7.4. Order returns for stocked items where the Customer no longer requires the product will incur a handling charge of 30%, to be deducted off the value of the total invoice.

7.5. Made to Order orders that have been specially requested or signed off by the Customer cannot be returned or cancelled for a refund unless authorized in writing by the Supplier’s management.

7.6 The customer cannot amend and/or cancel any customer specific or made to order ordered invoices or sales orders placed after 48 hours of payment being received or accepted by the Supplier

 

8. PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSR”)

8.1. Without limiting anything else found in these Terms, The Customer agrees to grant the Supplier a security interest in all Goods supplied to the Customer by the Supplier including all proceeds of such Goods so as to secure all monies owning by the Customer to Wholesale Seeds. The Customer agrees to do all things necessary to enable Wholesale Seeds to register a financing statement on the Personal Property Securities Register (PPSR) and to ensure that the security interest is a first ranking perfected security interest over all the Goods.

8.2. The Customer and Supplier agree that nothing in sections 114(1)(a), 1343,134, of the PPSA shall apply to these Terms

8.3. The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA

8.4. Unless otherwise agreed to in writing by the Supplier, the Customer waives their right to receive a verification statement in accordance with section 148 of the PPSA

8.5. The Customer shall unconditionally ratify any actions taken by the Supplier under this Section.

9. TITLE

9.1. The Supplier and the Customer agree that ownership of the Goods shall not pass until:

(a) The Customer has paid the Supplier all amounts owing to Supplier on the due date of invoice; and

(b) The Customer has met all of its other obligations to the Supplier.

9.2. Reciept by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been fully honoured, cleared

9.3. It is further agreed that until Ownership passes to the Customer in accordance with clause 7 that:

(a) The Customer is only a bailee of the Goods and must return the Goods on request;

(b) The customer holds the benefit of the Customer’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged, or destroyed.

(c) The Customer must not sell, dispose or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes, or parts with possession of the Goods then they must hold the proceeds on trust for the Supplier and must pay to the Supplier the proceeds on demand and in full

9.4. The Customer irrevocably authorizes the Supplier to enter nay premises where the Supplier believes the Goods are being held or kept to recover possession of the Goods

9.5. The Supplier may recover possession of the Goods in transit whether or not delivery has occurred.

9.6. The Customer shall not charge or grant an encumbrance over the Goods nor grant or give away any interest of the Goods while they remain in the property of the Supplier;

9.7. The Supplier may begin collection proceedings to recover the Price owed for any Goods or Services sold or manufactured to order in its entirety notwithstanding that ownership of the Goods has not passed to the Customer. This includes but not limited to any small claims proceedings and use of any form of debt recovery agency fees incurred to The supplier. The customer hereby agrees that any fees incurred for such recoveries will be added on to the invoice total in its entirety at the suppliers discretion.

10. TERMINATION

10.1. Confirmed orders cannot be cancelled by the Customer without agreement from the Supplier.

10.2. Where a product has been uploaded at an incorrect price or incorrective description, or image, due to a typographical error or oversight by the Supplier, the Supplier reserves the right to cancel the transaction in consultation with the Customer. Where the Customer’s credit card has been charged, the Customer will refund the credit card for the total amount debited.

10.3. All direct indent and imported orders require payment upfront or a deposit to be paid upfront if payment terms have been accepted. 

10.4. Made to Order products cannot be cancelled by the Customer after confirmation of the Purchase. Confirmation of the Purchase is when the Customer receives their official Purchase order number, or requests products to be delivered to an address given by the customer including but not limited to any third party sub contractor address

10.5. The Supplier reserves their right to cancel, without prejudice to any other remedies the Suppliers may have, if at any time the Customer is in breach of any obligation under these terms and conditions the Supplier may suspend or terminate the supply of the Goods to the Customer 

11. INDEMNITIES

11.1. The Customer indemnifies the Supplier from and against all costs and disbursements including any legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under these terms and conditions of sale

12. INSURANCE

12.1 The Customer shall at all times maintain adequate third party insurance in respect of the Goods and any vessel in which they are installed.

12.2 In the event that the Goods and/or Services provided by the Supplier are the subject of an insurance claim that the Customer has made, then the Customer shall be responsible for the payment of any monies payable to the insurance company and agrees to honour their obligation for payment for such transactions invoiced by the Supplier and shall ensure payment is made by the due date irrespective of whether the insurance claim is successful

13. STORAGE

13.1 Any cost of storage that the Supplier takes on for the Goods will be chargeable to the Customer.

13.2 If the Goods have not been collected or arranged for delivery within 60 days, the title passes back to the Supplier and the Customer will not have right to any refund or credit for the Goods.

14. CONSUMERS GUARANTEES ACT 1993

14.1 If the Customer is acquiring Goods for the purposes of Trade or Business, as defined in the Consumer Guarantees Act 1993, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 does not apply to the supply of the Goods to the Customer.

15. CUSTOMERS ORDER ACCEPTANCE

15.1 The customer acknowledges that order acceptance will be deemed contractually binding by the Supplier in the following forms; An official company Purchase Order, a verbal agreement via Customer Service Kiosk and/or via telephone call or voicemail, email order confirmation, SMS Text messages, acceptance in Xero, Delivery instructions to a specific site including but not limited third party sub-contractors, Account Holders Customer Site, Confirmation of payment being made.

16. SERVICE OF NOTICES

Any written notice given under this contract shall be deemed to have been given and received by handing the notice to the other party, in person; by leaving it at the address of the other party as stated in this contract; by sending it by registered post to the address of the other party as stated in this contract; if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission; if sent by email to the other party’s last known email address. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

17. INDEMNITIES

17.1 The Customer indemnifies the Supplier from and against all costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under these terms and conditions of trade/sale.

18. JURISDICTION

These terms and conditions are Governed by New Zealand Law under the aforementioned legal jurisdiction.