Terms of service
1.1 The terms and conditions set out in this agreement between
Solo and the customer, constitute the contract unless there is
an agreement in writing between Solo and the customer to
the contrary. If the customer accepts delivery of goods or
places an order for goods from Solo, those actions by the
customer will be deemed to be acceptance of this agreement.
2. Price
2.1 The price of the goods and/or services shall be Solo’s quoted
price in writing or if no written quote is provided, Solo’s
standard charge is applicable at the time.
2.2 Unless stated otherwise, the price of the goods and/or
services shall be exclusive of GST.
2.3 Unless stated otherwise, any freight, insurance, delivery and
travel charges will be additional to the quoted price.
2.4 Solo, by giving notice to the customer at any time before
delivery, reserves the right to increase the price of the goods
and/or services to reflect any increase in the cost to Solo
which is due to factors occurring after the signing of this
agreement which are beyond the control of Solo (including,
but without limitation, foreign exchange fluctuations, shipping
costs, taxes and duties).
2.5 Solo reserves the right to withdraw any quote before it is
accepted by the customer and in any event, any quote lapses
30 days after it is given without notice unless otherwise
stated.
3. Payment
3.1 Unless otherwise stated, payment is to be made for all goods
and/or services, on the 20th of the month following the date of
the invoice relating to those goods and/or services (“the due
date”) or if so required by Solo, immediately upon the date of
Solo’s invoice, and (in either case) earlier upon demand by
Solo in the event of the customer entering into receivership,
liquidation or bankruptcy,
3.2 Solo retains full ownership of all goods until such time as the
goods have been paid for in full.
3.3 Solo is entitled to charge interest on the outstanding amount
of any invoice from the due date at the rate of 2% per month.
Interest payable in accordance with this clause will continue
after, and notwithstanding judgment, until all outstanding
debts are settled in full.
3.4 The customer is liable for all costs and expenses, including
legal costs and expenses on a solicitor/client basis incurred
by Solo in the recovery of any amounts outstanding from the
due date.
3.5 Solo reserves the right in its absolute discretion to decline to
supply, or decline to continue to supply goods and/or services
on a deferred payment basis and reserves the right to cease
to supply goods and/or services to the customer strictly on a
cash in advance basis.
4. Ownership
4.1 Solo retains full ownership of all goods, notwithstanding
delivery, until such time as the goods have been paid in full.
4.2 Solo reserves, and the customer grants, a security interest
over the goods (“the security interest”). The security interest
shall secure all moneys owing to Solo by the customer, now
or in the future.
4.3 The customer waives his right to receive a copy of the
verification statement provided to Solo following registration
of the security interest on the Personal Property Securities
Register.
4.4 To give effect to Section 109 of the Personal Property
Securities Act 1999, the customer grants to Solo authority to
enter any premises where the goods reside in order to retake
actual or apparent possession of the goods in the event that:
(a) Payment is not made in accordance with this
agreement; or
(b) Solo has reasonable grounds to believe that the
goods have been, or will be destroyed, damaged or
endangered, disassembled, removed, concealed, sold
or otherwise disposed of, contrary to the provisions of
this agreement.
5. Delivery and Risk
5.1 Solo shall be responsible for the delivery of all goods. The
customer shall meet the cost of such transportation according
to Solo’s freight share policy.
5.2 The risk in respect of goods sold by Solo to the customer
shall be that of the customer from the time the goods leave
the premises of Solo.
5.3 The supply of goods by Solo shall be subject to availability of
such goods and Solo shall not be liable for any delay in
supply of such goods, or unavailability of such goods.
6. Warranties
6.1 Goods are supplied subject to all conditions, warranties and
limitations implied by law, provided however, to the extent
permissible by law, the extent of Solo’s liability shall be
limited to replacement of faulty materials only.
7. Goods for Credit (excluding warranty)
7.1 Where goods are being returned to Solo for credit, Solo’s
prior written approval must be obtained. The goods must be
returned within 7 days of receipt in their original condition
accompanied with Solo’s invoice/packing slip. Goods will be
credited at invoice value less a 15% restocking fee. Unless
agreed in writing, parts are not accepted for credit.
7.2 Freight charges will not be credited unless Solo has
forwarded goods in error.
8. General Terms
8.1 Governing Law – Any court action shall be taken in the
Court (District or High) at Hamilton, New Zealand. New
Zealand law shall apply to any dispute.
8.2 Privacy – The customer and guarantor (if relevant)
authorises and directs Solo to seek and obtain from and
supply any information concerning the credit or business
standing of the customer and/or guarantor to any other
person for determining credit worthiness, for debt collection
purposes or for any related purpose. The customer directs
any such person to supply or receive and record such
information to and from Solo. The customer understands that
he has a right of access and may request correction of
personal information held by Solo.
8.3 Consumers Guarantees Act – The customer agrees and
acknowledges that where the customer is acquiring the goods
and/or services (for itself or its principal) from Solo for the
purposes of a business the provision of the Consumers
Guarantees Act 1993 do not apply.Questions about the Terms of Service should be sent to us at orders@solonz.co.nz.
Solo and the customer, constitute the contract unless there is
an agreement in writing between Solo and the customer to
the contrary. If the customer accepts delivery of goods or
places an order for goods from Solo, those actions by the
customer will be deemed to be acceptance of this agreement.
2. Price
2.1 The price of the goods and/or services shall be Solo’s quoted
price in writing or if no written quote is provided, Solo’s
standard charge is applicable at the time.
2.2 Unless stated otherwise, the price of the goods and/or
services shall be exclusive of GST.
2.3 Unless stated otherwise, any freight, insurance, delivery and
travel charges will be additional to the quoted price.
2.4 Solo, by giving notice to the customer at any time before
delivery, reserves the right to increase the price of the goods
and/or services to reflect any increase in the cost to Solo
which is due to factors occurring after the signing of this
agreement which are beyond the control of Solo (including,
but without limitation, foreign exchange fluctuations, shipping
costs, taxes and duties).
2.5 Solo reserves the right to withdraw any quote before it is
accepted by the customer and in any event, any quote lapses
30 days after it is given without notice unless otherwise
stated.
3. Payment
3.1 Unless otherwise stated, payment is to be made for all goods
and/or services, on the 20th of the month following the date of
the invoice relating to those goods and/or services (“the due
date”) or if so required by Solo, immediately upon the date of
Solo’s invoice, and (in either case) earlier upon demand by
Solo in the event of the customer entering into receivership,
liquidation or bankruptcy,
3.2 Solo retains full ownership of all goods until such time as the
goods have been paid for in full.
3.3 Solo is entitled to charge interest on the outstanding amount
of any invoice from the due date at the rate of 2% per month.
Interest payable in accordance with this clause will continue
after, and notwithstanding judgment, until all outstanding
debts are settled in full.
3.4 The customer is liable for all costs and expenses, including
legal costs and expenses on a solicitor/client basis incurred
by Solo in the recovery of any amounts outstanding from the
due date.
3.5 Solo reserves the right in its absolute discretion to decline to
supply, or decline to continue to supply goods and/or services
on a deferred payment basis and reserves the right to cease
to supply goods and/or services to the customer strictly on a
cash in advance basis.
4. Ownership
4.1 Solo retains full ownership of all goods, notwithstanding
delivery, until such time as the goods have been paid in full.
4.2 Solo reserves, and the customer grants, a security interest
over the goods (“the security interest”). The security interest
shall secure all moneys owing to Solo by the customer, now
or in the future.
4.3 The customer waives his right to receive a copy of the
verification statement provided to Solo following registration
of the security interest on the Personal Property Securities
Register.
4.4 To give effect to Section 109 of the Personal Property
Securities Act 1999, the customer grants to Solo authority to
enter any premises where the goods reside in order to retake
actual or apparent possession of the goods in the event that:
(a) Payment is not made in accordance with this
agreement; or
(b) Solo has reasonable grounds to believe that the
goods have been, or will be destroyed, damaged or
endangered, disassembled, removed, concealed, sold
or otherwise disposed of, contrary to the provisions of
this agreement.
5. Delivery and Risk
5.1 Solo shall be responsible for the delivery of all goods. The
customer shall meet the cost of such transportation according
to Solo’s freight share policy.
5.2 The risk in respect of goods sold by Solo to the customer
shall be that of the customer from the time the goods leave
the premises of Solo.
5.3 The supply of goods by Solo shall be subject to availability of
such goods and Solo shall not be liable for any delay in
supply of such goods, or unavailability of such goods.
6. Warranties
6.1 Goods are supplied subject to all conditions, warranties and
limitations implied by law, provided however, to the extent
permissible by law, the extent of Solo’s liability shall be
limited to replacement of faulty materials only.
7. Goods for Credit (excluding warranty)
7.1 Where goods are being returned to Solo for credit, Solo’s
prior written approval must be obtained. The goods must be
returned within 7 days of receipt in their original condition
accompanied with Solo’s invoice/packing slip. Goods will be
credited at invoice value less a 15% restocking fee. Unless
agreed in writing, parts are not accepted for credit.
7.2 Freight charges will not be credited unless Solo has
forwarded goods in error.
8. General Terms
8.1 Governing Law – Any court action shall be taken in the
Court (District or High) at Hamilton, New Zealand. New
Zealand law shall apply to any dispute.
8.2 Privacy – The customer and guarantor (if relevant)
authorises and directs Solo to seek and obtain from and
supply any information concerning the credit or business
standing of the customer and/or guarantor to any other
person for determining credit worthiness, for debt collection
purposes or for any related purpose. The customer directs
any such person to supply or receive and record such
information to and from Solo. The customer understands that
he has a right of access and may request correction of
personal information held by Solo.
8.3 Consumers Guarantees Act – The customer agrees and
acknowledges that where the customer is acquiring the goods
and/or services (for itself or its principal) from Solo for the
purposes of a business the provision of the Consumers
Guarantees Act 1993 do not apply.Questions about the Terms of Service should be sent to us at orders@solonz.co.nz.