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Terms & Conditions

Total Bodyshop Supplies Ltd

TERMS OF BUSINESS

 

Good & Services supplied by Total Bodyshop Supplies Ltd (TBS) are supplied to (“The Buyer”) on the following terms and conditions.

 

DEFINITION

The Buyer” means the purchaser or acquirer of goods from TBS and includes any person acting on behalf of and with the authority of the purchaser, executors, administrators, successors and assigns.

 

CONSUMER GUARANTEES ACT 1983

  1. Nothing in these terms is intended to have the affect of contracting out the provisions of the Consumer Guarantees Act 1983 except to the extent permitted by the Act where The Buyer acquires the goods in a business to business situation and all provisions of these Terms and Conditions of Sales shall be modified to the extent necessary to give effect to that intention.
  2. The Buyer shall not, in relation to the supply by the buyer of goods from TBS, give or make any undertaking, assertion or representation in relation to the Goods without the prior approval in writing of TBS and the Buyer shall indemnify TBS against any liability or cost incurred by TBS as a result of any breach by The Buyer of this provision.

 

PRECEDENCE

  1. Nobody claiming to act on TBSs behalf is authorised to waive or change these conditions orally.  TBS may by written notice to the purchaser alter or replace these terms and conditions.  All orders placed subsequently by The Buyer shall be upon altered or replaced terms and conditions.
  2. These Terms of Agreement for the supply of goods and services shall prevail and take precedence over The Buyers standard or special terms for the supply of goods and services from TBS, including any terms that may be printed on any order of other writing that may be issued by The Buyer to TBS for the arrangement of supply of goods or services.
  3. In case of any conflict between these Terms of Agreement and The Buyers confirmation of this Agreement or any other document supplied by The Buyer, these Terms of Agreement shall prevail.

 

ENFORCEMENT

  1. Where TBS fails to enforce any terms and conditions of this Agreement or fails in any way to exercise its rights under this agreement, TBS will not be deemed to have waived these rights with respect to any term or condition or right.

 

QUOTATIONS

  1. TBS may withdraw a quotation at any time
  1. A quotation may be increased if TBS suffers any cost increases, which are beyond its control in the supply, production and delivery of goods (including increases in taxation and duties) after the date of contract (or, where the contract arises from the quotation the date of quotation.)

 

PRICES

  1. TBS may alter prices without notice.
  2. Prices do not include GST.  All supplies will be charged at prices ruling at the time of dispatch.

 

DELIVERY

  1. TBS will make every effort to ensure delivery of the goods is on time but will not be liable for any loss or damage arising in any way from delays in delivery.
  2. Although TBS will endeavour to meet any stated delivery date, The Buyer is not entitled to cancel its order for non-delivery or late delivery, howsoever caused, or failure to delivery by any specific method or by any particular vehicle, vessel or craft.
  3. Unless otherwise stated in writing delivery to a carrier constitutes delivery to The Buyer.
  4. Goods may be delivered in instalments at TBS’s discretion and in such case each delivery will be regarded as a separate contract, and goods delivered must be paid for according to the terms or payment.
  5. TBS may stop future deliveries until The Buyer has paid for all previous deliveries.

 

ORDERS

  1. Orders for goods, which are non-stock items, shall not be deemed to be binding unless and until confirmed by TBS.
  2. Unless notified in writing by The Buyer that Order Numbers must be used for purchases TBS accepts no liability for unauthorised purchases (ie. Purchases without Order Number) made on The Buyers account.

 

OWNERSHIP

  1. Ownership of the goods shall not pass to The Buyer until The Buyer has paid all debts due to TBS without deduction or setoff.
  2. Until all indebtedness to TBS has been paid The Buyer acknowledges and agrees that:
  • The Buyer is the fiduciary owner of the goods and shall only deal with them as an agent for and on behalf of TBS
  • Risk in the goods shall pass to The Buyer when such goods are delivered.  It is expected that The Buyer will include the goods in their insurance profile.
  • The Buyer will store the goods as TBSs fiduciary agent and bailee and shall identify the goods as such with the stock or inventory profile of The Buyer.
  • The Buyer irrevocably gives TBS and its agents the right to enter upon The Buyers premises without giving notice and to search for and uplift any of the goods without in any way being liable to The Buyer or any person or company claiming through The Buyer.
  • If the goods have been resold by The Buyer prior to payment in full of the outstanding indebtedness of The Buyer, then the proceeds of resale shall be the property of TBS of an amount not more than such indebtedness.
  1. This reservation of title and ownership is effective whether or not the parts and materials have been altered from that supplied or mixed with other parts and materials.  Where such parts and materials are mixed and are severable but not identifiable, TBS is co-owner of the mixed parts and material in proportion to the contribution made by the parts and materials supplied.

 

PERSONAL PROPERTY SECURITY ACT 1999: Security Interest

  1. For the purpose of the Personal Property and Securities Act 1999 (PPSA) The Buyer agrees these conditions constitute and create a security agreement.  The Buyer grants a security interest in favour of TBS in all The Buyers present and after acquired inventory, materials, consumer goods and equipment (hereafter referred to in this clause as Goods) and all proceeds and accounts receivable in relation to those Goods to secure payment by The Buyer to TBS of all amounts The Buyer may owe TBS from time to time in respect of such Goods.
  2. TBS may as its discretion and in such manner as the seller determines allocate payments made by The Buyer for all and any Goods.
  3. Until Payment is made to TBSThe Buyer agrees to store the Goods in a manner which permits them to be identified and cross referenced to particular invoices for the goods.
  4. To the extent permitted by the law, if The Buyer defaults under these conditions or under any other payment obligation to TBS:
  • Each security interest created in favour of TBS will become immediately enforceable.
  • TBS may at any time by notice to The Buyer declare all or any part of the money’s owing to TBS to be due and payable immediately upon demand or at a later date at TBS may specify
  • TBS may:
  • Take possession of and either sell or retain the Goods
  • Pay any expenses incurred in the exercise of any such powers out of the revenue from, or proceeds of realisation of, the Goods
  • Under Sections 133 and 134 of the PPSA, to reinstate the security agreement.
  1. The buyer shall give written notice to TBS immediately upon any change of name by The Buyer.
  1. On being requested by TBS, The Buyer shall promptly do all things (including signing any document) and provide all information necessary to enable TBS to perfect and maintain the perfection of any and each security interest granted to TBS by The Buyer (including by registration of a Financing Statement)
  1. Should TBS elect to register its security interest The Buyer agrees to waive the requirement that it be provided with verification of statements recording registration or any variation of registration.

 

CLAIMS & LIMITATION OF LIABILITY

  1. Subject only to any mandatory liability or guarantee imposed by statute, and without prejudice to any rights granted thereby to The Buyer
  2. All warranties, descriptions, representations, or conditions, whether implied by law trade, custom or otherwise and whether relating to fitness, merchantability, suitability or purpose, or otherwise, for any loss or damage whatsoever, whether direct, indirect, special, or consequential and all such liability us expressly excluded; and
  3. The liability of TBS in respect of any order of goods or services shall in any event be limited to the lesser of the purchase price of the goods or services complained of, the cost of replacing the defective goods or resupplying the defective goods or services, and the actual loss or damage suffered by The Buyer.

 

CREDITS

  1. Must be returned to TBS at The Buyers own expense
  2. Must be in good saleable condition in manufacturer’s supplier’s original containers, unsoiled and undamaged
  3. Must be accompanied by a copy of the packing slip
  4. Must also be accompanied by the number and date of the supplying invoice if available

 

GENERAL

If any provision of this contract shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

GIFT VOUCHER TERMS & CONDITIONS

The Total Bodyshop Supplies Voucher is able to be redeemed for the purchase of any online product (exclusive of standard shipping) via the Total Bodyshop Supplies website www.totalbodyshop.co.nz. The Voucher’s value is equal to the amount printed on the voucher and the value is not redeemable. All values of money are in the New Zealand Dollar.

BUYING A GIFT VOUCHER:

The Total Bodyshop Voucher will be emailed to the recipient of purchase and a delivery receipt will be emailed to you.

For further assistance please contact mail@totalbodyshop.co.nz

HOW TO REDEEM A GIFT VOUCHER:

The Total Bodyshop Supplies Gift Voucher is redeemed in the cart page when making your purchase. Your Gift Voucher amount will then be automatically deducted as payment on your next order.

Please note:

When redeeming Vouchers, additional items or services may be added. The balance must be paid using another payment method accepted by the Total Bodyshop Supplies website.

The Voucher will be automatically applied to the most expensive Total Bodyshop Supplies and freight in the cart. This is with the exception of spending over $150 and then freight it free of charge to anyone in New Zealand.

Your Gift Voucher is valid for a period of 12 months from the date of purchase.

DELIVERY

A Total Bodyshop Supplies Gift Voucher will be emailed to the recipient

A delivery notification will be emailed to you for your reference

The Total Bodyshop Supplies Voucher will arrive as soon as we have processed your order and taken payment.

RETURNS

Gift Vouchers cannot be returned or exchanged for cash.

All returned items that were paid for with a Gift Voucher will be refunded as a store credit for you to use against a future purchase.

If you return an item paid by both gift card and credit card, you will be refunded on your credit card up to the amount of your initial card payment and the remaining amount will be refunded as store credit.

For more information, please see our General Terms and Conditions.

FINANCE

*All Finance is quoted as a guide only and may change depending of interest rates and term of Finance.

*TAP Means To Approved Purchasers This is decided by the Finance company NOT TBS.

*All Rent prices are worked out on a 36 Month Term this can be changed but is the time frame we use in all quotes.

*All Finance prices are quoted over a 24 month term this can be changed but is used in all our quotes.

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