Terms and Conditions

BRACKET INDUSTRIES NZ LTD

General Conditions of Sale

1. Supply:
a) Bracket Industries will supply goods on these terms only. All other conditions and warranties implied by law are expressly negative.
b) The receipt of an order from a purchaser will be deemed to be acceptance by the purchaser (buyer) of the General Conditions of Sale.

2. Insurance:
Unless expressly stated otherwise, freight and transit insurances are to be the buyer’s responsibility. Bracket Industries responsibility ceases when the goods leave our store.

3. Claims:
a) No claim for defective goods and shortages in quantity will be considered or allowed, unless Bracket Industries is notified of such a claim within seven days of delivery of the goods to the purchaser.
b) On receipt of such a claim Bracket Industries must be given a reasonable opportunity to investigate such a claim.
c) Bracket Industries liability regarding the sale of defective goods is limited to the following options at its discretion:
i. Returning any goods which the buyer is entitled to reject.
ii. Refunding the sale price of the goods entitled to be rejected to the buyer on receipt of return of those goods.
d) Bracket Industries will not be responsible for consequent losses or claims associated with:
i. Delivery on a specified date.
ii. Loss caused by factors outside Bracket Industries control.
iii. Material supplied outside of specification requested.
iv. Deterioration of the goods supplied due to natural weathering.
v. Communication errors due to method of transmission of order.

4. Quotations:
Prices quoted are based upon rates and charges in effect or nominated at the date of quotation and are subject to availability of material at the date of order. Any variation between those rates upon which a quotation is based and those rates actually in effect at the time of delivery will be to the buyer’s account.

5. Payment:
Unless otherwise agreed in writing the terms of payment are:
a) Strictly Nett.
b) Payment is due in full on the 20th of the month (due date) following delivery, without deductions of any nature whatsoever, whether by way of set of, counter claim, or other equitable or lawful claim.
c) Bracket Industries reserves the right to treat each separate delivery as an independent and separate contract.

6. Default in Payment:
Should the buyer fail to pay by the due date, Bracket Industries reserve the right to charge interest at 18% per annum on the amount outstanding for the period that the account remains in arrears. Interest to accrue daily. All legal and other fees incidental to recovery will be payable by the buyer.

7. Security Interest:
The buyer on signing of these General Conditions of Sale grants a security interest in all present and after acquired inventory to the extent that it comprises goods as security for payment of the purchase price of all goods on the following terms:
a) The buyer shall provide all information and do all things including the execution of documents as Bracket Industries may require to ensure that Bracket Industries has a perfected first ranking security interest in the goods and any proceeds under the Personal Property Securities Act 1999 (PPSA). The buyer shall give prior written notice to Bracket Industries of any change of the buyer’s name.
b) Bracket Industries shall be entitled to register a financing statement to perfect its security interest in any goods delivered to the buyer.
c) Bracket Industries shall have he right while the buyer has outstanding purchase moneys owing to Bracket Industries, at any time to enter premises where goods are stored and remove them without being responsible for any damage caused in doing so.
d) The buyer shall indemnify Bracket Industries against any claims arising from the exercise of this right of re-entry. All costs and expenses of or incurred by Bracket Industries as a result of any action, together with transportation and storage charges shall be payable by the buyer upon demand.
e) Any payments made to Bracket Industries by the buyer on an unspecified basis shall be deemed to be applied in the following order:
i. First in payment for goods supplied by Bracket Industries and which have been sold by the buyer; and
ii. Second in payment for goods supplied by Bracket Industries and which have not been sold by the buyer.

8. Previous Conditions:
These General Conditions of Sale cancel and supersede all previous conditions of sale and arrangements. Placement of all orders after this time are on the condition that General Conditions of Sale are accepted and apply.