Terms And Conditions
Aqua Clear Products Ltd (“ACPL”) supplies all goods to you subject to these terms and conditions:
1.1 By placing an order with ACPL you accept these terms and conditions as forming part of the contract of sale.
2.1 All orders will be filled at prices current at the date of delivery of the goods. Prices are subject tochange without notice and are exclusive of GST and freight and insurance costs.
3. Delivery and Insurance
3.1 All goods are despatched uninsured and are at purchaser’s risk during transit unless specified.
3.2 D ates given for delivery are stated in good faith but are not to be treated as a condition of sale.ACPL is not responsible or liable in any way for loss suffered due to any delay in delivery.
4.1 Goods are sold subject to warranties provided by the manufacturer of the goods. ACPL does not provide any warranty itself in relation to the goods and will not be responsible for any direct, indirect or consequential loss arising from faulty goods. ACPL will endeavour to obtain on behalf of its customers replacement or repair of faulty items which are subject to manufacturer’s warranty conditions. Freight on these items is at purchaser’s cost.
4.2 Where this agreement would otherwise be subject to the Consumers Guarantees Act 1983(“the Act”) and the goods are being acquired for business purposes as defined in the Act thecustomer agrees that the goods are being acquired for business purposes and the Act doesnot apply to the supply of goods to the customer.
5. Return of Goods
5.1 ACPL may, at its discretion, arrange for the repair or replacement of any damaged or defective goods or make a reasonable allowance on the purchase of goods to replace the goods provided that (a) The goods are returned within 14 days of delivery at the cost of the customer, together with a copy of the invoice and claim specifically identifying the damage or defects; and(b) ACPL has a reasonable opportunity to investigate the claim.
5.2 In the event that the return of goods is accepted by ACPL a handling charge of 15% of the invoice value will apply.
6. Terms of Payment
6.1 Payment is due in cash at the time an order is placed with ACPL unless ACPL has previously agreed to supply the goods on trade terms.
6.2 Where ACPL is supplying the goods on trade terms, payment is due on the 20th of the month following receipt of the invoice. All payments must be made without any set off or deduction.
6.3 Overdue accounts will be subject to credit restrictions and incur interest at the rate of 2% per month from the due date until payment is received.
6.4 The customer shall be responsible for any and all legal costs incurred for the recovery of any overdue amounts.
7.1 At all times the legal and beneficial ownership of the goods remains with ACPL (irrespective of delivery of the goods to the customer) until the customer has paid the full invoice price and any other payments due to ACPL in respect of the goods arising out of the sale agreement.
7.2 T he customer acknowledges that ACPL has a security interest (as that term is defined in the Personal Property Security Act 1999 (“PPS Act”) in all goods supplied to the customer.ACPL reserves the right to register a financing statement on the Personal Properties SecuritiesRegister to prioritise and protect a security interest in the goods. The purchaser agrees toprovide ACPL with any or all information referred to in Section 142 of the PPS Act to enableACPL to ensure that its security interest becomes a “perfected security interest” as defined inthe PPS Act.
The warranty will not apply where:
(a) the customer is in breach of the Terms and Conditions of Sale;
(b) the Product was used for a purpose other than one it was intended for;
(c) the Product was repaired, modified or altered by any person other than ACPL;
(d) the Product has not been installed, maintained and/or operated in complete compliance with the installation and operating instructions and any instructions by ACPL;
(e) the Product has been subject to accident, negligence, alteration, abuse or misuse.
The warranty does not extend to:
a) normal wear and tear;
b) weather and other environmental conditions including but not limited to storm, flood, and/or heat wave damage
c) service and maintenance items.
Examples of exclusions include but are not limited to:accident, neglect, alteration, abuse or misuse.Corrosion of the heat exchanger caused by improper water chemical balance.