Terms & Conditions
General Terms and Conditions of Sale
1a. Seller means Electric Vehicles Enzed Ltd and Mobility Supplies NZ and Buyer whose order for the purchase of goods is accepted by the seller.
1b. The terms stated herein are the sole terms of trade. No amended or additional terms and conditions that the buyer seeks to add to this contract shall be acceptable unless agreed by the seller in writing and signed.
2. Pricing & Payment
2a. Prices do not include GST which will be charged at the current New Zealand rate at the time of sale.
2b. If the seller extends credit to the buyer, payment for all goods and services shall be on or before the 20th of the month following.
2c. Interest will be charged on all late payments at 5% per month.
2d. If the buyer fails to make payment on their account when due as per the terms in this contract, or breach any other obligation within this contract, or be placed into liquidation, or be deemed insolvent, or be placed into receivership then this contract will be either
2d.i Suspended until the buyer has remedied their obligations within this contract.
2d.ii Cancelled if the seller is not satisfied the buyer can either remedy their obligations or meet their obligations into the future.
2d.iii Register the debt on the Personal Property Securities Register (PPSR).
2e. Any costs incurred to the seller by non-payment of the buyer’s account or non-compliance of this contract, including debt recovery, will be charged to the buyer.
3a. Where possible, the seller will endeavour to courier all orders received before 2pm on a working day the same day. Please allow up to three working days for main centres and five working days for rural / outer locations.
3b. Where goods appear to be damaged upon delivery, the buyer must notify the delivery driver immediately, sign the con note as damaged, and notify the seller within three working days of receiving the product with a full description of the apparent damage.
3c. No product will be accepted for return without first advising the seller of the buyer’s intention to return a product and the reason the product is to be returned. The seller may, but is not obliged to accept the return of any product that was ordered and has been correctly supplied. If the product was supplied incorrectly, or with defects or damage, the buyer must notify the seller within three working days of receiving the product. The notification must quote the relevant invoice number and must include all the necessary details of the incorrect delivery, defect or damage. If the buyer fails to notify the seller within the agreed timeframe the buyer shall have deemed to have received the product in good order and free of damage and defects and correct as per the buyers purchase order.
The property of the goods shall remain the sellers until payment has been received in full by the seller. The seller may at any time recover the goods if they are in the buyer’s possession and resell to recover any unpaid accounts or monies owed to the seller by the buyer. The buyer guarantees access to the seller, or the sellers representative to enter the buyer’s premises or property where the goods are located should the goods need to be collected by the seller.
All products purchased from the seller are covered by the manufactures warranty. The manufactures warranty covers faults and defects arising from the manufacturing process and does not cover damage and defects caused by neglect, misuse, unintentional dropping or using the products for a purpose other than their manufactures intention.
6. Fit for Purpose
It is the buyer’s sole responsibility to ensure the products they purchase from the seller are fit for purpose for their intended use.
7. User Competency
It is the buyer’s sole responsibility to ensure the end user is competent in the use of the product. The seller accepts no responsibility for any loss or damage arising to any property, or responsibility for injury or death arising from the misuse or incompetency in the use of any product purchased by the buyer.
8. Clerical Errors
Clerical errors in computation, typing, or otherwise of a catalogue, quotation, invoice, delivery note, credit note or statement, prices, specifications or other clerical errors are subject to correction.
9. Corrections, amendments and modifications
Any corrections, amendments and modifications to these terms and conditions will be published on our website and shall be binding on the seller. If any of the provisions of this contract are unlawful or invalid by reason of any application or rule of law, then such provision shall be severed from the rest of this contract, which shall remain valid and binding on all parties.
I/we acknowledge that the general terms and conditions set out above are to be read consecutively, and are acceptable and wish to commence trading with the seller.