Customer Terms & Conditions
The following outlines the conditions of sale for goods supplied by Linkup Paint Supplies Ltd.
Effective date: January 06, 2019 | Last Updated: January 06, 2019
- All goods are supplied on the basis of these conditions and in the event of any conflict between these conditions and the provisions of any document used by the buyer or any other arrangement between the parties, these conditions shall prevail unless otherwise agreed in writing signed by both parties.
The buyer acknowledges that:
- Linkup has not made any representations about the goods, represented that the goods are fit for any particular purpose, applied any description to the goods or provided any express guarantee (as defined in the Consumer Guarantees Act 1993); and
- the buyer has not made know to Linkup any particular purpose for which the goods are being acquired: other than those expressly confirmed to Linkup in writing.
- All orders are accepted by Linkup subject to ability to supply and to prices ruling at time of delivery.
- All goods are due for payment on or before the 20th of the month following delivery.
- Any dispute regarding prices must be raised within seven days of receipt. Failure to do so will invalidate any such claim.
- Any dispute regarding delivery of goods ordered must be raised within seven days of receipt. Failure to do so will invalidate any such claim.
Risk and Ownership
- Title (both legal and equitable) in the goods will not pass to the buyer until the goods have been paid for in full.
- The goods will be at the buyer's risk immediately on delivery to the buyer or into the buyers custody (whichever is the sooner) and the buyer is responsible for insuring the goods from this time even though title in the goods may not have passed to the buyer.
- Until title in the goods passes to the buyer, the buyer acknowledges that it holds the goods or any products which incorporate the goods solely as bailee and in a fiduciary capacity.
- In the event that goods or any product which incorporate the goods sold by the buyer include goods in respect of which title has not passed to the buyer, the proceeds of the sale of such goods (or the proportion of the proceeds of the sale of any such mixed products as most closely equates to the proportion of the content of the goods in the mixed products) will belong to Linkup and the buyer in its capacity as trustee of such proceeds shall account for such proceeds to Linkup on demand and in no circumstances later than the relevant due date. Pending this accounting such proceeds must not be mingled with any other monies or paid into any overdraw bank account and shall be held by the buyer in a separate bank account on behalf of Linkup.
- If the buyer makes default in payment or becomes insolvent, bankrupt, calls a meeting of creditors, or goes into liquidation (voluntarily or otherwise), Linkup reserves the right to enter, and the buyer irrevocably consents to Linkup entering, by its servants or duly authorised agents, on to the buyers premises or on to any premises where the goods are reasonably thought to be stored, without responsibility for any damage caused, and repossess and subsequently resell the goods.
Default by Buyer
- If the buyer makes default in payment or becomes insolvent, bankrupt, calls a meeting of creditors, or goes into liquidation (voluntarily or otherwise), Linkup may, notwithstanding any waiver of such default of failure and without prejudice to its other rights, suspend delivery, cancel any order or require payment in cash or on delivery of goods, notwithstanding the terms of payment herein specified.
Consumer Guarantees Act 1993
- If the buyer is acquiring the goods for the purpose of a business, the buyer agrees that the provisions of the Consumer Guarantees Act 1993 do not apply to the contract.
- If the provisions of the Consumer Guarantees Act 1993 do apply to the contract, clause 9 of these conditions shall have no effect and the responsibility of Linkup and the rights and remedies of the buyer in respect of the supply of goods by Linkup to the buyer shall be governed by the Consumer Guarantees Act 1993.
- Nothing in these conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act.
- Where the buyer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the buyers contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the goods.
- Where the buyer supplies the goods to any other person in the course of trading, the buyer must not give or make any undertaking, assertion or representation in relation to the goods without Linkup's prior approval in writing, and the buyer must not represent that it is acting as an agent of Linkup.
- The buyer agrees to indemnify Linkup against any liability or cost incurred by Linkup as a result of any breach by the buyer of the obligations contained in this clause 8.
- This clause applies only where the provisions of the Consumer Guarantees Act 1993 do not apply to the contract.
- The liability of Linkup in respect of any claim or action by the buyer for any remedy or compensation for any loss, injury, costs, expenses or damage ( including, without limitation, consequential loss of indirect damages) arising directly or indirectly out of the supply of goods by Linkup to the buyer, or the failure by Linkup to supply goods in accordance with the contract, or otherwise in connection with the goods or any advice, recommendation, information or services provided by Linkup including, without limitation, any claim or action based on any conditions, warranties, descriptions or representations whether express or implied by law, trade custom or otherwise is limited to:
- the replacement of the goods supplied or the supply of equivalent goods or
- the payment of the cost of replacing the goods or of acquiring equivalent goods; at the option of Linkup
- Linkup gives no warranty of freedom from patent infringement in relation to the use of any formula information or advice given by it.
Changes To These Terms & Conditions
We may update our Terms & Conditions from time to time. We will notify you of any changes by posting the new Terms & Conditions on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "last updated" date at the top of these Terms & Conditions.
You are advised to review these Terms & Conditions periodically for any changes. Changes to these Terms & Conditions are effective when they are posted on this page.
If you have any questions about these Terms & Conditions, please contact us:
- Accounts Receivable Contact Information
Tel: (07) 847 0933
PO Box 10539, Hamilton 3240
- By visiting this page on our website: https://www.linkup.co.nz/find-us/hamilton/