Terms & Conditions
The Iplex Pipelines NZ Terms and Conditions of Trade
You acknowledge that these Sale Terms are to be read in conjunction, and supplement the Fletcher Building Terms of Credit.
Iplex Pipelines NZ Limited (Iplex) supplies all present and after acquired Goods to every buyer on the following Iplex Terms and Conditions of Sale and Fletcher Building Terms of Credit ("Terms") which shall constitute the entire agreement between Iplex and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
(a) Any condition contained in the buyer's order which is consistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by Us;
(b) Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by Us; where We accept cancellation We may levy a handling charge of up to 40% of the price;
(c) Where the buyer and Us agree to a variation in the quantity of the Goods, the Goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Us.
1. Who does this Agreement apply to?
YOU means the purchaser of goods from Iplex Pipelines NZ Ltd (or any other seller of goods under this contract) or as specified in this document. You also includes anyone who has personally guaranteed the purchaser's obligations.
WE or US means Iplex Pipelines NZ Ltd. or any other seller under the contract. ANYONE means any corporation, association, firm, company, partnership or individual.
GOODS means any products, equipment or other items purchased by you from us.
CONTRACT means the contract between you and us for the supply of goods by us for purchase by you.
TERMS means these terms of sale and the Fletcher Building Terms of Credit.
2. What do these terms apply to?
(a) They apply to any contract between you and us for the supply of goods unless you and we agree in writing to change them.
(b) A contract for the supply of goods exists when you order and we agree to supply the goods.
3. How will we deliver the goods?
I. We reserve the right to dispatch the buyer's order in one delivery or by instalments. Where We accept an order which provides for delivery by instalments We shall be entitled to payment for each instalment delivered (as if it were a separate contract) but failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any remaining instalments.
II. Any quotations of delivery times by Us is made in good faith but are estimates and We shall not be bound by such quotation.
III. We will select the method of delivery and reserve the right to charge the cost of delivery to the buyer.
iv. The buyer must tell Us in reasonable time of the time and dates at which the buyer wants Us to deliver the goods. We may charge an extra amount for deliveries made before 7.30 am or after 5 pm on weekdays, or before 7.30 am and after 11 am on Saturdays, or at any time on Sundays and Statutory Holidays.
v. We will deliver the goods to the buyer's premises. If the buyer requests that We deliver the goods to any other place We will attempt to comply with the buyer's request and reserve the right to charge the cost of delivery to the buyer if We believe that the place of delivery the buyer requests is outside its normal delivery route, or if We incur a delivery charge which We consider to be additional to the charges We would normally incur in delivering to the buyer's premises. These additional charges will be added to the price of the goods and the buyer will pay them at the same time.
vi. To assist delivery the buyer will provide suitable access and a suitable area for unloading the goods in bad weather.
vii. The buyer will unload the goods immediately after delivery vehicle arrives. We will not send delivery vehicles until it is satisfied that the buyer has the right equipment to unload the Goods. We may charge you at our current rate if there are any delays in unloading the goods if We did not cause those delays.
viii. If the buyer does not accept delivery of the goods; these terms will apply as if they had been delivered.
ix. If the buyer fails to accept delivery of the goods at the time agreed, then the buyer will pay any extra storage, transportation and disposal costs which are caused by that failure.
x. The buyer must notify us in writing within two (2) days of delivery if the buyer did not receive the amount ordered.