1. Terms and Conditions of Sale
1. Definitions
In these terms: “we”, “us”, and “our” means Fluid Fittings Limited; “you” and “customer” means the person or entity purchasing goods or services from us; “goods” includes products, components, fittings, tube, hose, bar, valves, couplings, related materials, services, cutting, assembly, labour, freight, insurance, handling, and other charges associated with supply; and “price” means the amount payable for the goods and related charges.
2. Application and acceptance
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. By placing an order, requesting supply, accepting delivery, collecting goods, or otherwise dealing with us, you accept these terms.
3. Consumers and business customers
If you acquire goods or services for personal, domestic, or household use, you may have rights under the Consumer Guarantees Act 1993 and other New Zealand laws that cannot be excluded. If you acquire goods or services in trade, clause 19 applies and certain statutory rights may be contracted out of to the extent permitted by law.
4. Product information and suitability
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, you are responsible for checking that the selected goods are suitable for your intended use and are installed and used by suitably qualified persons.
5. Quotations
Unless otherwise stated in writing, 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 expressly stated otherwise. 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 beyond our reasonable control. If additional goods, labour, cutting, assembly, freight, or other work is required beyond the quoted scope, you must pay the additional charges.
6. Prices
Where no price is stated in writing, the goods will be supplied at our current price at the time of acceptance or dispatch, whichever we reasonably determine. Prices may be increased by the amount of any reasonable increase in the cost of supply that is beyond our control between the date of quotation or order and the date of dispatch or delivery.
7. Orders and acceptance
An order placed through the website, by phone, by email, or otherwise is an offer by you to buy the goods. No order is binding on us until we accept it, which may occur by written confirmation, dispatch, collection release, invoice issue, or supply. We may refuse, suspend, or cancel an order before dispatch where goods are unavailable, pricing is incorrect, fraud is suspected, the proposed application appears unsafe or unclear, or your account is overdue.
8. Online orders
For website orders, you must provide accurate billing, delivery, and contact details and keep any website login details confidential. Online orders may require payment at checkout unless you have an approved credit account or we agree otherwise in writing.
9. Payment and credit terms
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 of invoice, being 20th following EOM. For website orders and other non-account sales, payment may be required in full before dispatch or collection. We may require a deposit before processing some orders, including special orders, cut-to-length items, or custom work. Receipt of a cheque, bank draft, or other negotiable instrument is not payment until it has been cleared in full.
10. Overdue accounts and recovery costs
We may charge default interest on overdue amounts at 2.5% per month or part month from the due date until payment in full, together with any reasonable expenses, disbursements, debt collection costs, enforcement costs, and legal costs on a solicitor-client basis incurred in recovering overdue amounts. 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.
11. Credit accounts and default
Supply on credit is at our discretion. We may set or vary credit limits, require security, 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 are at material risk of seizure, loss, or damage while amounts remain unpaid.
12. Delivery, dispatch, and collection
Unless otherwise agreed in writing, goods are sold ex our warehouse. Freight, insurance, packing, handling, transport, export, customs, and similar charges are payable by you unless expressly included in writing. Delivery dates and dispatch times are estimates only and time is not of the essence unless we expressly agree otherwise in writing. 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.
13. Risk, inspection, and claims
Risk in the goods passes to you on delivery, collection, or when the goods leave our premises for delivery, whichever occurs first. 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 7 days after delivery, except to the extent the law requires otherwise.
14. Retention of title and PPSA
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. You 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. 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.
15. Recovery of unpaid goods
To the extent permitted by law, if you default we may enter any premises where goods supplied by us 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, and administrative costs.
16. Faulty goods, warranty, and remedies
Nothing in these terms limits any rights you have under the Consumer Guarantees Act 1993 or any other law that cannot be excluded. In addition, where goods are shown to have been defective at the time of delivery and you notify us within 30 days after delivery, we will assess the goods and, if the issue is confirmed, provide an appropriate remedy, which may include repair, replacement, credit, or refund at our option, subject to any rights you have under law. Manufacturer warranties apply where applicable. For business customers, and to the extent permitted by law, our liability for defective goods is limited to repair, replacement, credit, or refund for the affected goods at our option.
17. Returns and cancellations
Returns are governed by our Shipping & Returns Policy. Non-faulty goods may only be returned with our prior approval, must be in original saleable condition, and, unless we agree otherwise in writing, must be requested within 7 days of delivery. Approved non-faulty returns may be subject to a 15% restocking or handling fee and return freight is at your cost. Custom-cut, cut-to-length, made-to-order, specially sourced, assembled, modified, or non-standard goods may not be cancelled or returned except where required by law.
18. Liability
To the maximum extent permitted by law, and except for liability that cannot legally be excluded, we are not liable for 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. For business customers, and except to the extent prohibited by law, our total liability 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.
19. Contracting out for business customers
If you acquire goods or services in trade, you agree that the Consumer Guarantees Act 1993 does not apply. To the fullest extent permitted by law, and where it is fair and reasonable to do so, you and we also agree to contract out of sections 9, 12A, and 13 of the Fair Trading Act 1986.
20. Privacy and credit information
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.
21. Trade-account applications and guarantees
If you apply for a trade account, 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 as well as these website terms.
22. Force majeure
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.
23. 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.
