SECTION 1: GENERAL
1.1 In these terms and conditions “the company stands for Pacific Spas Ltd trading as Moji Hot Tubs.
1.2 The following terms and conditions apply to all goods sold by the company.
1.3 These terms and conditions override any other terms and conditions previously published by the company.
1.4 The contract overrides all prior negotiations, representations, proposals, understandings and agreements whether in writing or not.
SECTION 2: PRICING
2.1 The Prices contained in the price list are based upon current costs at the time of publication. Prices are not firm and may be subject to alteration in accordance with the company’s current price list in effect at time of delivery.
2.2 Unless subject to prior quotation, any prices quoted for supply of goods will only be valid for a period of 30 days from the date of the quote.
2.3 Prices quoted (unless otherwise stated) are exclusive of goods and services taxes (GST). GST will be charged at the appropriate rates, to the purchaser, at time of sale in accordance within the New Zealand Inland Revenue Department guidelines.
2.4 There will be no GST charged for international sales.
SECTION 3: PAYMENT
3.1 Invoices are payable in full prior to dispatch of goods, or by arrangement.
3.2 Any expenses, including commissions, solicitors letters, disbursements, debt collection agency costs and any out of pocket expenses incurred by the company in recovering monies in breach of these trading terms, shall be paid by the customer.
3.3 Orders for special production times (including assemblies) may require a deposit to be made and held until delivery of such goods has been provided. Special production orders (including assemblies) cannot be cancelled once production has commenced and the customer is committed to receiving and providing full payment on goods. Estimated delivery dates on special production items are to be taken as a guide only and cannot be guaranteed. The company does not accept any liability for late delivery under these circumstances and the original customer order will be binding unless otherwise advised in writing by an authorised company representative.
SECTION 4: CREDIT CLAIMS & RETURNS
4.1 Any goods sent back for return will not be accepted unless prior contact with a company representative has been made and a return authorisation (R.A.) number has been issued. This R.A. number must then be displayed on ALL paperwork accompanying the goods for return.
4.2 Claims will not be recognised unless invoice number and date is quoted on all returns or requests for credit.
4.3 Claims for shortages or incorrect deliveries will not be recognised unless made within five (5) business days of receipt of goods.
4.4 Claims for non-delivery must be made within seven (7) business days of receipt of invoice(s).
4.5 Goods specially manufactured or assembled to customer specifications will not be accepted for credit.
4.6 Goods returned must in in good resaleable condition to be considered for credit. The company will not accept returns which have been damaged or soiled whilst in the possession of the purchaser or damaged on return transport.
4.7 Goods accepted by the Company as faulty will be repaired, replaced or credited at the invoiced value at the sole discretion of the Company.
4.8 Freight charges on goods returned will be prepaid by the Purchaser unless otherwise agreed to by the Company prior to the return.
4.9 Any goods returned for credit, other than faulty or incorrectly delivered items, may at the Company’s discretion, be subject to a restocking fee of no less than 15% of the items invoiced value.
4.10 Any goods returned does not automatically signify that the Company will grant a credit note. Such a credit note will only be issued after the relevant goods have been inspected by a company representative (and or manufacturer of the goods in question) and the reason for return has been deemed necessary by the Company.
SECTION 5: RISK IN GOODS
5.1 Risk in the goods will pass to the purchaser on dispatch to the delivery address specified by the purchaser.
SECTION 6: RETENTION OF TITLE
6.1 Ownership of all goods supplied will not transfer until all monies owed are received in full by the Company.
6.2 In any circumstance where the purchase price or any part thereof has not been paid and the purchaser is in possession of the goods then the purchaser grants to the Company a Purchase Money Security Interest in the goods and authorises the registration of such an interest on the Personal Property Securities Register. The Company may register its security interest and the purchaser shall pay any costs incurred in the registration and maintenance of same. The purchaser waives any right to receive a verification statement.
6.3 Should Payment not be received by the company by the specified date agreed to in these terms and conditions, the company will have the authority to enter the purchaser’s premises where the goods are being stored, and use reasonable force to take possession of the goods, without liability of trespass, negligence or payment of compensation to the customer whatsoever.
6.4 The company is entitled to retake possession of any unpaid goods or paid goods belonging to the purchaser in the event the purchaser commits an act of bankruptcy, or a receiver is appointed, or the purchaser goes into liquidation or some other form of insolvency or administration whether formal or informal, or the purchaser ceases to carry on business, or the purchaser makes a scheme or compromise with his creditors, without prejudice to any other rights of the company. The company has the right of resale of the goods in the event that he retakes possession of them.
SECTION 7: WARRANTY & LIABILITY
7.1 Where it is agreed that goods are faulty due to manufacture or materials, the liability (if any) of the Company shall, to the extent allowed by the New Zealand Consumers Guarantee Act(“CGA”) be limited to the replacement or repair of the goods, or a refund of the purchase price and shall not Extend to any consequential loss or damage incurred by any person.
7.2 Where it is agreed that goods are faulty due to manufacture or materials the company will not be liable for any damage if the purchaser has: altered, changed or modified the goods from the form in which they were supplied by the company or the purchaser has used them for a different purpose to which they were supplied by the company.
7.3 The company is not liable for any damages in relation to: repair, labour, expense, or consequential loss as the company has no control over the way a product supplied is used. The company cannot be held liable for the fitness of these products for any particular application, whether such an application is made known to the company or not. Goods supplied are backed in accordance with the manufactures
warranty existing at the time of purchase. Details of such warranties will be made available on application to the company.
7.4 You acknowledge that you have not relied on any predictions, forecasts, advice or statements of opinion by the company or any of its employees, contractors or agents.
7.5 Nothing in these terms and conditions excludes, restricts or modifies any condition or warranty that the law does not allow us to exclude, restrict or modify. However, all other conditions and warranties, whether or not implied by the law, are excluded.
SECTION 8: DELIVERY
8.1 Unless otherwise agreed in writing from an authorised company representative, a freight charge will be made on each delivery unless the goods are dispatched on the purchaser’s carrier or picked up from the company’s warehouse.
8.2 No responsibility will be accepted for breakage, damage or loss in transit.
SECTION 9: PRODUCT INFORMATION
9.1 Product information in relation to any products is considered to be reliable. This information is a guide only and specifications are not guaranteed. Any information is subject to change without notice by the company. The company cannot be held responsible for any such change of information or specifications.
SECTION 10: ABANDONMENT OF WORKSHOP REPAIRS & ITEMS RECEIVED BY COMPANY FOR IDENTIFICATION
10.1 If any amounts outstanding have not been paid within three (3) calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may sell and/ or dispose of your goods in accordance with any applicable legislation relating to the disposal of uncollected goods.
SECTION 11: JURISDICTION
11.1 These terms and conditions are governed by and construed in accordance with the laws of New Zealand. The company and the purchaser hereby submit to the exclusive jurisdiction of the courts of New Zealand and none other.
SECTION 12: PRIVACY ACT 2020
12.1 The Customer agrees for Moji to obtain from a credit reporting (CR) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to any credit provided by Moji.
12.2 The Customer agrees that Moji may exchange information about the Customer with those credit providers and with related body corporate for the following purposes:
(a) to assess an application by the Customer; and /or
(b) to notify other credit providers of a default by the customer; and/or
(c) to exchange information with other credit provider as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two (2) years.
12.3 The Customer consents to Moji being given a consumer credit report to collect overdue payment on commercial credit.
12.4 The Customer agrees that personal credit information provided may be used and retained by Moji for the following purposes (and for other agreed purposes or required by):
(a) The provision of Products; and/or
(b) Analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Products; and/or
(c) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) Enabling the collection of amounts outstanding in relation to the Products.
12.5 Moji may give information about the Customer to a CR for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CR to create or maintain a credit information file about the Customer including credit history.
12.6 The information given to the CR may include:
(a) personal information as outlined in 12.1 above;
(b) name of the credit provider and that Moji is a current credit provider to the Customer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the customer no longer has any overdue accounts and Moji has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of Moji, the Customer has committed a serious credit infringement;
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
12.7 The Customer shall have the right to request (by email) from Moji:
(a) a copy of the information about the Customer retained by Moji and the right to request that Moji correct any incorrect information.
12.8 Moji will destroy personal information upon the Customer’s request (by email) or if it is no longer required unless it is required in order to fulfil the obligation s of this agreement or is required to be maintained and/or stored in accordance with the law.
12.9 Moji will from time to time use customers contact details for direct marketing or promotions, Moji will cease this practice if contacted via email and asked to be removed from the marketing data base.