Terms and Conditions of Sale
Pro-Med Technologies Ltd
Pro-Med Technologies Ltd offers to sell goods on the following terms and conditions (‘Conditions’)
In these Conditions:
(a) ‘Purchaser’ means the purchaser of the Goods.
(b) ‘Goods’ means any goods supplied by Pro-Med Technologies Ltd.
Nothing in these Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding or modifying any condition, warranty, guarantee, right or remedy implied by law. Please make sure you are familiar with the Fair Trading Laws - you can find more information here.
2.1 The Goods and all other products and services sold and/or provided by ProMed Technologies Ltd are sold on these Conditions.
2.2 These Conditions (which may only be waived or amended in writing signed by Pro-Med Technologies Ltd) shall to the extent of any inconsistency prevail over all and any conditions of the Purchaser’sorder.
Unless previously withdrawn, a quotation from Pro-Med Technologies Ltd is open for acceptance within the period stated on the quotation or, where no period is stated, within 30 days only after the date shown on the quotation. A quotation does not constitute an offer to sell and/or provide Goods but is an invitation to treat only. Pro-Med Technologies Ltd reserves the right to refuse any order based on its quotation within 7 days after the receipt of a Purchaser’s order. A contract shall be formed between Pro-Med Technologies Ltd and a Purchaser on the acceptance by Pro-Med Technologies Ltd of a Purchaser’s order and not otherwise.
4.1 All prices quoted are exclusive of all taxes, insurance and transport which shall be the sole responsibility of the Purchase, unless otherwise agreed in writing.
4.2 Prices for Goods will be charged at:
(a) the price stated by Pro-Med Technologies Ltd on a non-expired quotation; or
(b) where there are no quotations, the pricing ruling at the date of dispatch.
5.1 The Goods shall be deemed to be delivered to the Purchaser at the time the Goods arrive at the Purchaser’s premises. Pro-Med Technologies Ltd may arrange for transport of the Goods to a destination nominated by the Purchaser and the cost of such transport shall be added to the price of those Goods if so stated by invoice notation.
5.2 Goods are at the Purchaser’s risk from time of delivery. The Purchaser shall be responsible for arranging any insurance over the Goods after delivery.
5.3 ProMed Technologies Ltd shall not be liable for any loss occasioned by delay in delivery of and/or the procuring of Goods, whether consequential or otherwise.
5.4 Any disputes as to the Proof of Delivery shall be made within 7 days of delivery.
Pro-Med Technologies Ltd’s terms of payment are immediate from the date of the relevant invoice, unless otherwise stated on such invoice. Pro-Med Technologies Ltd reserves the right to require payment with order or satisfactory evidence of the ability of the Purchaser to pay for the Goods ordered by the Purchaser. Interest at 13.9% p.a. is payable on amounts which are more than 30 days overdue.
- TRANSFER OF PROPERTY
Property in Goods
(a) Property in the Goods remains with Pro-Med Technologies Ltd until all monies owing to Pro-Med Technologies Ltd on any account have been paid or title is property vested in some other person by operation of law.
(b) Until property in the Goods passes, the Purchaser shall keep them free from any charge, lien or other encumbrance.
(c) Until Property in the Goods passes, the Purchaser shall:
(i) hold them on a fiduciary basis as bailee for Pro-Med Technologies Ltd;
(ii) keep them separate from all other goods in its possession and marked in such a way that they are clearly identified as the property of Pro-Med Technologies Ltd;
(iii) upon request deliver up such of them (as have not ceased to be inexistence or resold) to Pro-Med Technologies Ltd; and
(iv) not intermingle any sums it receives from any sale made by it or on its behalf of the Goods and shall hold such sums as trustee on behalf of Pro-Med Technolgoies Ltd and account fully to Pro-Med Technologies Ltd for such sums promptly as and when required by ProMed Technologies Ltd.
8.1 Pro-Med Technologies Ltd warants all Goods sold by it against defects of materials and workmanship in accordance with any relevant manufacturer’s warranty for those Goods. Whether any such defect is caused by such faulty workmanship or materials shall be decided solely by Pro-Med Technologies Ltd.
8.2 Subject to clause 8.1 this warranty is the only warranty given by Pro-Med Technologies Ltd in relation to Goods and any statutory or other warranty express or implied as to the state, quality or fitness of Goods is hereby expressly excluded and negatived to the full extent permitted by law. No agent or employee of Pro-Med Technologies Ltd is empowered to vary this warranty in any manner whatsoever.
- CANCELLATION OF ORDERS
No order shall be cancelled or deferred without the prior written consent of Pro-Med Technologies Ltd.
- RE-STOCKING CHARGE
Goods may only be returned with the approval of and at the sole discretion of Pro-Med Technologies Ltd. Goods so returned will be subject to a re-stocking charge of 20% of their invoiced value.
- GOVERNING LAW
These Conditions are governed by and shall be construed in accordance with the laws of New Zealand.
If any of these Conditions are held by a Court of competent jurisdiction to be invalid or otherwise unenforceable, that provision may be, at the sole discretion of Pro-Med Technologies Ltd, severed from the Conditions and the remainder of these Conditions will continue to be effective and valid not with standing such severance.
- TERMS OF RETURN
Application for return of goods must be made within fourteen (14) days from the receipt of Goods.