Terms and Conditions of Sale
1. Definitions
“Customer”, “Consumer” and “you” mean the person or entity purchasing Goods or Services from us, including purchasing on trade and credit account;
“Goods” includes products, parts, components, accessories, fittings, tube, hose, bar, valves, couplings, related equipment and materials, and any other goods supplied or deemed goods by the Supplier.
“Guarantor” means each person, director, trustee, shareholder or other party named in the Trade Account Application, or otherwise designated by the Supplier, providing a guarantee for the Customer’s obligations under the Terms.
“Price” means the amount payable, in NZD, for the Goods, Services, and related charges, as specified in the quote, invoice, or as otherwise specified or directed by the Supplier.
“Services” means cutting, assembly, labour, freight, handling, installation, advisory, maintenance, other charges associated with supply, or other services performed or arranged by the Supplier for the Customer;
“Supplier”, “we”, “us”, and “our” mean Fluid Fittings Limited, its trading divisions Fluid Fittings and Fluid Steels, and its permitted nominees and assigns;
“Terms” means these terms and conditions, our Shipping & Returns Policy, Privacy Policy, and Trade Account Terms (including the Trade Account Application), as attached and included with these terms, provided on our website and as amended by us from time to time.
“Trade Account Application” means the application form completed and submitted by the applicant/Customer requesting credit from the Supplier.
2. Application and Acceptance
2.1.
These Terms apply to all quotations, sales, supplies, deliveries, collections, website orders, phone orders, email orders, trade-account sales, and other agreed transactions with us, unless we agree otherwise in writing.
2.2.
By placing an order for Goods and/or Services, requesting supply (including on Customer credit accounts), accepting delivery, collecting Goods, or otherwise dealing with us, you acknowledge and agree that you have read and accept the Terms.
3. Consumers and Business Customers
3.1.
If you acquire Goods and/or Services for personal, domestic, or household use, you may have rights under the Consumer Guarantees Act 1993 (CGA) and other New Zealand laws that cannot be excluded.
3.2.
If you acquire Goods and/or Services in trade, you agree that the CGA does not apply. To the fullest extent permitted by law, and where it is fair and reasonable to do so, the Customer and Supplier contract out of sections 9, 12A, and 13 of the Fair Trading Act 1986.
4. Product Information and Suitability
4.1.
The Customer acknowledges that images, drawings, dimensions, descriptions, technical data, catalogue references, and technical assistance are provided for general guidance only. Because suitability depends on the intended application, operating environment, pressure, temperature, media, installation method, and maintenance regime. The Customer is responsible for ensuring that the selected Goods are suitable for their intended use and are installed and used by suitably qualified persons.
5. Quotations
5.1.
Unless otherwise stated in writing by us, a quotation is valid for 30 days from its date of issue. Quotes are subject to stock availability and are exclusive of GST, freight, insurance, duties, and other charges, unless we expressly state otherwise.
5.2.
We may alter or withdraw a quotation before acceptance where there is a pricing error, supplier increase, exchange-rate movement, stock issue, or other circumstance we deem reasonably necessary to do so.
5.3.
If additional Goods, labour, cutting, assembly, freight, or other work or Services are required beyond the quoted scope, you must pay any additional associated charges.
6. Prices and Ordering
6.1.
Where no Price is stated in writing, the Goods and Services will be based on our current prices at the time of order by the Customer.
6.2.
The Customer acknowledges and agrees that our Prices may increase to reflect the change in cost of supply that is beyond our control, which may occur after the date of quotation or order by the Customer.
6.3.
An order placed through the website, by phone, by email, or otherwise is an offer by you to buy the Goods and/or Services. No order is binding on us until we accept it, which may occur by written confirmation, dispatch, collection release, invoice issue, or supply.
6.4.
If a price change occurs as described in clause 6.2, the Customer acknowledges that the Supplier may update the price accordingly and shall notify the Customer prior to dispatching the Goods to confirm the updated price with the Customer.
6.5.
We may refuse, suspend, or cancel an order before dispatch where Goods and Services are unavailable, pricing is incorrect or has changed, fraud is suspected, the proposed application appears unsafe or unclear, your account is overdue, or any other reason we consider applicable in our sole discretion.
7. Online Orders
7.1.
For website orders, you must provide accurate billing, delivery, and contact details and keep any website login details safe and confidential, and used only by the Customer or their authorised personnel. Online orders shall require payment at checkout unless you have an approved credit account or we agree otherwise in writing.
8. Payment and Credit Terms
8.1.
Unless we agree otherwise in writing, approved credit-account customers must pay all invoices on or before the 20th day of the month following the month in which the relevant invoice is issued.
8.2.
For website orders and other non-account sales, payment shall be required in full before dispatch or collection, or as otherwise directed by us. We may require a deposit before processing some orders, including special orders, cut-to-length items, or custom work.
8.3.
The Customer shall make payment by electronic payment, including by any credit card accepted by us. The Customer shall be liable for any applicable credit card surcharge or transaction fee notified by us. Payment shall not be deemed to have been made unless and until we have received irrevocably cleared funds in our nominated bank account.
9. Overdue Accounts and Recovery Costs
9.1.
The Customer acknowledges that we are entitled to charge default interest on overdue amounts at 2.5% per month or part month, calculated daily and compounded weekly, from the due date until payment in full.
9.2.
The Customer is liable for the Supplier’s reasonable expenses, disbursements, debt collection costs, enforcement costs, and legal costs on a solicitor-client basis incurred by the Supplier in recovering, or attempting to recover, overdue amounts from the Customer and in the enforcement of the Terms and Supplier’s rights in connection with the Terms and policies. We may apply any payment you make to any invoice or debt we choose and may reallocate payments to preserve the maximum value of any security interest we hold, to the extent permitted by law.
10. Credit Accounts and Default
10.1.
Supply on credit is at our discretion. We may set or vary credit limits, require security (including a guarantee), suspend further supply, or withdraw credit at any time. Without limiting our other rights, you will be in default if any amount is unpaid on the due date, you indicate you will not pay on time, you become insolvent, enter liquidation, have a receiver appointed, have judgment entered against you and it remains unsatisfied for 7 days, your financial position materially deteriorates, or Goods supplied by us to you are at material risk of seizure, loss, or damage while amounts remain unpaid. Refer to our Trade Account Terms for further credit account terms.
11. Delivery, Dispatch, and Collection
11.1.
Goods are sold from our warehouse, and the Customer acknowledges that they are liable to pay freight, insurance, packing, handling, transport, export, customs, and similar charges, unless we expressly exclude in writing.
11.2.
The Customer acknowledges that we order Goods from suppliers and, while we will endeavour to ensure Goods are received by you within the standard delivery timeframes, the delivery dates and dispatch times are estimates only and we are not liable for any such delays.
11.3.
Delivery is complete when we deliver the Goods to you, make them available for collection, or give possession to a carrier, courier, or other bailee for transmission to you.
11.4.
Risk in the Goods passes to you on delivery, collection, or when the Goods leave our premises for delivery, whichever occurs first. We are not liable for any loss, damage, shortage, or delay while the Goods are in transit.
11.5.
You must inspect the Goods as soon as reasonably possible after delivery or collection. Claims for transit damage, short delivery, incorrect supply, or other apparent issues should be made promptly and, for non-consumer trade claims, no later than 3 days after delivery.
12. Retention of Title and PPSA
12.1.
Title to the Goods remains with us until all amounts owed by you to us on any account have been paid in full. Until then, you hold the Goods as bailee for us, must keep them identifiable where reasonably practicable, and must not do anything inconsistent with our ownership rights, including creating or permitting any other security interest or encumbrance in favour of any other party over the Goods.
12.2.
You agree to grant us a purchase money security interest and security interest in all Goods supplied by us and their proceeds under the Personal Property Securities Act 1999 (PPSA). You must do anything reasonably required by us to protect, perfect, or enforce that security interest. To the extent permitted by law, you waive your right to receive a copy of any verification statement and any rights you may otherwise have under sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, and 132 of the PPSA, where that waiver is permitted.
12.3.
To the extent permitted by law, if you default or otherwise breach the Terms, we may enter any premises where Goods supplied to you are reasonably believed to be stored, recover those Goods, and resell or otherwise deal with them. We are not liable for any loss, damage, or cost arising from lawful recovery action except to the extent liability cannot be excluded by law. Any net proceeds of resale may be credited against your account after deduction of our reasonable recovery, storage, transport, selling, administrative costs, and the costs outlined in clause 9 of the Terms.
13. Faulty Goods, Warranty, and Remedies
13.1.
Warranties and defects are governed by our Shipping & Returns Policy.
14. Returns and Cancellations
14.1.
Returns are governed by our Shipping & Returns Policy.
15. Liability
15.1.
We are not liable for any indirect, consequential, incidental, exemplary, or special loss, loss of profit, loss of production, loss of contract, loss of data, downtime, delay loss, leakage, system failure, or damage to third-party property. Our total liability to you, arising out of any supply of Goods or Services, is limited to the price paid for the affected Goods or Services. You indemnify us against third-party claims, losses, costs, and liabilities arising from your misuse, incorrect specification, incorrect installation, modification, or unlawful use of the Goods or Services.
16. Privacy and Credit Information
16.1.
You authorise us to collect, use, store, and disclose information about you for the purposes of supplying Goods and Services, processing website, phone, and email orders, administering your account, assessing creditworthiness, preventing fraud, enforcing our rights, recovering debts, and marketing our Goods and Services where permitted by law. Where you are an individual, these authorities are given for the purposes of the Privacy Act 2020. Further details are set out in our Privacy Policy.
17. Trade-account Applications and Guarantees
17.1.
If you apply for a trade account, or to have Goods and Services supplied to you on credit, our Trade Account Terms shall also apply, and we may require further terms, security, or a separate credit application, including personal guarantees from directors, trustees, or other principals. Any approved trade-account facility is subject to those additional terms, securities, and these Terms.
18. Force Majeure
18.1.
We are not liable for delay or failure to perform our obligations where the delay or failure is caused by matters beyond our reasonable control, including natural disasters, transport disruption, utility outages, supplier failure, labour shortages, strikes, epidemics, cyber incidents, import or export restrictions, governmental action, or other force majeure events.
19. General
A failure by us to enforce any right is not a waiver of that right. If any provision of these Terms is invalid or unenforceable, the remaining provisions continue in force. You may not assign your rights or obligations without our prior written consent. These Terms are governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction. We may update these Terms by publishing a revised version on our website, but the version in force when we accept your order will apply to that order.
