Italian Cheeses Limited t/a Massimo’s Italian Cheeses Terms of Trade
These terms of trade are applicable to all sales transactions conducted within New Zealand by Italian Cheeses Ltd, trading as Massimo’s Italian Cheeses.
1. Definitions
Vendor means Italian Cheeses or Massimo’s Italian Cheeses.
Customer means any person acting with ostensible authority on behalf of the Customer.
Account means the Customer’s account with the Vendor.
Goods meaning goods supplied by the Vendor to the Customer.
Order or Orders mean the request to the Vendor to supply goods.
2. Variation of Terms and Conditions
Vendor may at any time vary these Terms and Conditions by written notice to the Customer and any such variation will be effective on the date of notification or the Vendor placing the varied terms on its website at www.massimos.co.nz.
3. Purchase Orders
3.1 Orders must be received by the Vendor before 8.30am, orders will only be accepted when confirmed by the Vendor.
3.2 Upon acceptance of an order by the Vendor, that order cannot be cancelled by the Customer unless written consent is provided by the Vendor, the Customer is bound to pay the price for the goods included in such order.
3.3 The Vendor will not accept orders with a value of less than $100.00 excluding GST and any applicable freight charges.
3.4 Where the Customer has a current Supply Contract, the order can be amended as per the terms of that agreement.
4. Prices
Unless stated, all pricing is exclusive of GST and is subject to change.
The price will be increased by the amount of any GST.
5. Delivery
5.1 The Vendor will arrange suitable packaging and delivery to the agreed business address.
5.2 The Vendor shall not be liable for failure to deliver on a timely basis when the delay has been due to causes beyond the control of Vendor or otherwise.
5.3 Freight will be charged at the cost rate rendered by our preferred freight carrier.
5.4 The Customer is responsible for checking consignments on acceptance of goods.
5.5 Any damages to packaging or product must be noted on the proof of delivery when signing for goods from a carrier.
5.6 Claims for shortages, price discrepencies, damages or incorrect goods must be advised by the Customer to the Vendor within 24 hours of delivery.
5.7 If the goods cannot be delivered due to the Customer’s premises being closed, unattended or no instruction or access has been provided
(a) The goods will be returned to the Supplier and re-delivered on the next cycle.
(b) Freight charges incurred for subsequent deliveries will be at the Customers expense and charges will be applied to the Customers Account.
(c) The customer is liable for the costs of good with payment in full due on the required date.
6. Returns and Cancellations
6.1 Confirmed orders can only be cancelled at the Vendor’s discretion.
The Vendor will supply written confirmation to the Customer if cancellation can be accepted.
6.2 Return of goods can only be made with the approval of the Vendor.
(a) Any goods authorized for return must be kept chilled below 4 degrees.
(b) Goods authorized for return will be collected by the Supplier.
(c) Goods will be temperature checked on collection.
6.3 Orders cannot be cancelled after production has commenced or the product has been made for that Customer.
6.4 If the Customer is not satisfied with the goods the Vendor must be notified immediately.
6.5 Should any quality issues arise the Customer shall notify the Vendor immediately and any returns or claims shall be investigated by the Vendor and resolved by mutual agreement.
7. Payment
7.1 Unless credit has been requested and approved by the vendor, a customer must pay the invoiced amount in full prior to the production and dispatch of goods.
7.2 Customers are required to pay for the goods, plus any GST, freight, late payment fees or other incurred costs, within 7 days from receipt of Invoice.
7.3 Requests for 20th of the following month from receipt of invoice can be considered and approved at the sole discretion of the Directors of Italian Cheeses Ltd.
7.4 Monthly statements will be emailed to specified email address on the 3rd business day of the new month.
7.5 Any nonpayment of accounts and overdue amounts.
(a) The account will be suspended and put on temporary hold.
(b) A late payment fee of $25.00 including GST will be applied to the account.
(c) The temporary suspension will be removed once the account has been paid in full, including any applied fees.
(d) Customers on 7 day payment terms will revert to prepaid terms, the invoiced amount must be paid in full prior to the production and dispatch of goods.
7.6 The Customer is liable for all costs associated with debt collection where the customers payment has defaulted for a completed order.
7.7 If the Invoice in entirety or part of is disputed by the Customer, the Customer must notify the Vendor. Notwithstanding the dispute the Customer will pay in full the disputed invoice on the due date for payment and any necessary adjustments will be promptly made on the dispute being resolved between the Vendor and the Customer.
8. Risk and Title
8.1 Title of goods does not pass to the Customer until the money owing for the goods, and any other money owing by the Customer to Italian Cheeses Ltd has been paid in full.
8.2 Until payment has been made in full for goods, the Customer shall keep relevant goods stored separately from all other goods and keep the goods insured for the replacement cost and identified as Italian Cheeses Ltd property.
8.3 Risk of any loss, damage or deterioration of the goods shall pass to the Customer from the time of delivery of such goods.
8.4 The customer grants security interest to Italian Cheeses Ltd in each and every part of the goods as security for payment for that part and of each other parts of goods for any other amounts owing by the Customer to the Vendor.
8.5 The customer irrevocably authorizes the Vendor at any time to enter any premises upon which the goods are stored to enable the Vendor to inspect the goods, the Customer indemnifies the Vendor against any liability to any person in connection with the entry or inspection.
9. Guarantee
9.1 The Guarantor(s) of the Customer jointly and severally unconditionally guarantee to the Vendor the due and punctual payment by the Customer of all outstanding monies and performance of any other obligations of the Customer under the contract, agree to keep the Vendor fully indemnified against all claims, losses, damages, costs and liabilities arising from any failure of the Customer to pay the money hereby guaranteed.
9.2 The liability of the Guarantor(s) shall not be affected by the granting of time, credit or any concession to the Customer or any person giving any similar guarantee.
9.3 The guarantee and indemnity in this clause is irrevocable and continuing guarantee and indemnity and shall remain in full force until all obligations under the Customers credit account and/or any other obligations the Customer may have with respect to the Contract have been full paid, satisfied or performed.
10. Warranties
10.1 Except as provided in the Consumer Guarantees Act 1993, all warranties, descriptions, representation, or advice given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise, are expressly excluded.
10.2 No agent or representative of the Vendor is authorized to make any warranties, representations, or statements.
10.3 The Customer shall ensure that the products are not used for any purpose for which they are not suitable and shall be responsible for using all necessary skill and care in handling and using the products.
10.4 The Customer agrees the Vendor assumes no obligation or liability for any advice given and all such Products are accepted by the Customer entirely at the Customer’s risk.
11. Liability
11.1 The liability of Vendor whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in or non-compliance of the Product or any other breach of Vendor’s obligations hereunder shall not in any event exceed an amount equivalent to the price of the product exclusive of any GST.
11.2 Vendor shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever nor shall Vendor be liable for any damage or loss caused by the Customer’s servants, agents, buyers or other persons whatsoever.
12. Force Majeure
The Supplier will not be liable for any losses of any kind or any delay in supplying the goods which are cause whole or in part by force majeure or any other cause beyond its reasonable control.
13. Privacy
13.1 The Customer authorizes Vendor to collect, retain and use personal information about the Customer for the purposes of
(a) Assessing the Customer’s credit worthiness.
(b) Undertaking any dealings or transactions with the customer
(c) Enforcement of any legal or other rights Vendor may have against the Customer in any manner that Vendor sees fit.
(d) The Vendor may use this information to communicate promotional activities or information about the Vendor’s products and services.
13.2 The Customer further authorizes Vendor to collect personal information about the Customer from any other source to enable the Vendor to determine the Customers credit worthiness, credit limits and maybe used for Debt collection.
13.3 The Customer acknowledges that Vendor shall retain all personal information supplied by the Customer.
13.4 The Customer is aware of his/her rights under the Privacy Act 1993 and have the right to access and request correction to the information held by the Vendor.
14. Consumer Guarantees Act
The customer acknowledges that where the Products are ordered for business purposes (as that term is defined in the Consumer Guarantees Act 1993) the provisions of the Consumer Guarantees Act 1993 shall not apply.