The buyer shall pay or reimburse to the seller all costs and/or expenses incurred by the seller in instructing a solicitor and/or
debt-collecting agency to recover any amount overdue for payment.
In these terms and conditions, "us" or "we" is taken to refer to SARMODEL, and "the buyer" to any individual, corporation or entity
who purchases any item from us.
Risk & Property
The ownership and security of the goods delivered remains the property of seller until full payment has been received, and if
payment is not made by the due date, the seller shall, without prejudice to any other remedies, be entitled to retake possession
of the goods and hold them until payment has been received or to resell the goods and recover from the buyer, the deficiency on
resale plus costs of repossession. The buyer agrees to contract out of Sections 120 to 123 of the Personal Property Securities Act 1999.
Delivery
Delivery shall be deemed complete when the goods are taken from the sellers premises, transported to the buyers premises or the
place agreed by the seller in its quotation or acceptance.
Delivery of the goods may be made by instalments. If this occurs, the buyer shall pay for each instalment as if it were a separate order.
Claims
All claims and requests for a credit must be within 14 days of invoicing. In each case, the relevant invoice numbers must be quoted. A
restocking fee of 20% will be payable by the buyer for all items incorrectly ordered.
No claims will be considered for willful or accidental damage. This includes damage caused by dropping, modifying or causing damage in any way.
Goods are supplied subject to all conditions, warranties and limitations implied by law, provided however, that the extent of the
company's liability shall be limited to replacement of faulty materials only.
Intellectual Property
The buyer undertakes not to make copies of any item supplied by us, or to use any part of any item supplied by us in another master for purposes of making copies.
Should the buyer or anyone else use any item or part of any item supplied by us for making copies, the buyer or third party agrees to pay us royalties
of NZ$ 1,000.00 per copy produced, and to cease and desist using our intellectual property when requested by us to do so.
Variations and Conditions
These or any conditions of sale can only be varied by agreement in writing. These conditions, where they are inconsistent with any
law or laws, override or contract out of that law or laws.
Waiver
No neglect, forbearance, or delay, by the seller in enforcing its rights powers or remedies, pursuant to this contract shall be deemed
to be a waiver thereof.
The placement of an order shall for all purposes be deemed to be full acceptance of these conditions.