Terms and Conditions

1. Payment Terms: All sales are final and payment is due at the time of purchase. We accept cash, credit cards, and mobile payments. No refunds or exchanges are allowed.

2. Price: The price of the goods shall be the price listed at the time of purchase.

3. Taxes: All prices include GST.

4. Security: We take security seriously and all transactions are processed securely.

 

GENERAL TERMS OF SALE OF GOODS AND SERVICES 

 

The Customer agrees that it is not entitled to any credit facilities until it receives notice in writing (The Notice) from the supplier stating that credit facilities have been given and specifying the terms and conditions upon which such credit facilities are given. Until the customer receives such notice in writing from the supplier any goods or services that are supplied to the customer shall be on the basis of cash on delivery. 

 

PAYMENT 

1)      In the event of the supplier granting credit facilities to the customer then the following terms shall apply; 

a)       All accounts are to be settled in full on two settlement dates being 1^st of each month and 15^th of each month (unless other arrangements have been made in writing from both the supplier and the customer). 

b)      That should the customer default in the payment of any monies due under this agreement then all monies due to the supplier shall immediately become due and payable and shall be paid by the customer within SEVEN (7) days of the date of demand and the supplier shall be entitled to charge interest at the rate then applicable to bank overdraft on businesses of the same kind as the customers plus 10% on all overdue accounts. 

c)       Any expenses, costs or disbursements incurred by the supplier in recovering any outstanding monies including debt collection agency fees or legal fees shall be recoverable from the customer. 

d)      The supplier shall be entitled without notice to terminate any credit arrangement with the customer in the event of the customer defaulting in any of the terms and conditions herein contained. 

2)      If the supplier shall at any time form the opinion that the customer may not make payment of any moneys owing or to become owing to the supplier may require payment in full or any such moneys or provision of security for payments acceptable to the supplier before supplying any goods or services to the customer. 

3)      The risk in the goods supplied by the supplier to the customer shall pass on to the customer upon delivery but ownership in them shall not pass to the customer until the customer has paid for those goods. Until payment has been made the customer acknowledges and agrees that; 

a)       Any costs incurred by the supplier in exercise of its powers of repossession, storage or resale of goods (including legal costs as between solicitors and own client) will be immediately on demand due and payable by the customer to the supplier. 

b)      Nothing in this clause permits the customer to return any of the goods supplied because they are surplus to requirements or for non-payment or for any other reason. 

 

4)      Subject to any further rights the consumer may have under the consumer guarantees act 1993, the supplier shall at its option replace or give credit for goods or services established to be defective and shall, at its option arrange for repair/replacement of any goods or services provided.  5)  For all goods or services the supplier warrants that they are manufactured or repaired in accordance with the usual practices of the industry and are free of defective materials and workmanship. Subject only to this warranty and except for such guarantees cannot be excluded by virtue of the consumer guarantees act 1993 it is expressly agreed and declared by the supplier and the customer that; 

a)       All warranties, descriptions, representations or conditions (whether implied by law, trade or customer or otherwise) are, and all other liability of the supplier, whether in tort (including negligence), contract or otherwise are expressly excluded to the fullest extent permitted by law. 

b)      In any event, the total liability of the supplier whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising directly or indirectly from any defect in goods or services supplied by the supplier or any other breach of the suppliers obligations shall in any case be limited at the suppliers option, except where statute expressly requires otherwise, to the lesser of the purchase price of the goods complained of, the cost of repairing or replacing the goods or workmanship or the actual loss or damage suffered by the customer. The supplier shall not be liable for any consequential, indirect or special damage, loss or injury of any kind suffered by the customer or any other person. 

6)    For the purposes of section 43 (2) of the consumer guarantees act 1993, these terms shall be deemed to form an agreement in writing between the supplier and the customer upon acceptance of goods and or services by the customer 

7)    No order once accepted by the supplier may be cancelled or varied by the customer except by the written agreement of the supplier and no returns will be accepted except pursuant to any such agreement 

8)    The supplier shall not accept responsibility for any loss or damage to goods, the property of others, held at or stored at the suppliers premises for any purpose whatsoever. The said property shall be accepted into the supplier’s custody at ‘’all care no responsibility’’ and shall be the responsibility of the owner of the goods to arrange insurance protection of these goods, John Rose Distribution Ltd  takes reasonable measures to protect any goods or equipment in its care and takes measures to protect these items.