PRODUCT TERMS & CONDITIONS OF TRADE
Goodrich Environmental Solutions Limited
1. Application - These terms apply to all sales of goods and/or services ("Products") by Goodrich Environmental Solutions Limited ("Seller") to the purchaser ("Buyer"). By placing an order, the Buyer accepts these terms in full.
2. Orders & Acceptance - Orders are accepted at the Seller's sole discretion. A binding contract is formed upon the Seller's written confirmation or commencement of supply. The Seller reserves the right to decline any order.
3. Price - Prices are as quoted or listed at the time of order, exclusive of GST and delivery unless stated otherwise. The Seller may adjust prices to reflect cost increases prior to delivery with reasonable notice.
4. Payment - Invoices are due for payment on the 20th of the month following the date of invoice.
Payment must be made in full without set-off or deduction.
Overdue amounts attract interest at 2% per month compounding from the due date.
The Buyer is liable for all reasonable costs of debt recovery, including legal costs on a solicitor-client basis.
5. Title & Risk - Risk in the Products passes to the Buyer on delivery.
Title in the Products remains with the Seller until full payment is received for those Products and all other amounts owing by the Buyer.
Until title passes, the Buyer holds the Products as bailee and must store them separately and identifiably as the Seller's property.
The Seller may retake possession of Products if payment is overdue.
6. Delivery - Delivery dates are estimates only. The Seller is not liable for delays beyond its reasonable control. Delivery charges are the Buyer's responsibility unless otherwise agreed in writing.
7. Returns & Defects - Claims for defective or incorrect Products must be made within 7 days of delivery. No returns will be accepted without prior written authorisation. Products must be returned in good condition.
8. Warranty - The Seller warrants that Products will conform to their published specifications at the time of delivery.
Where Products carry a manufacturer's warranty, that warranty is passed through to the Buyer on the manufacturer's terms. The Seller makes no additional warranty beyond this.
Warranty does not apply where Products have been misused, modified, or improperly stored or installed by the Buyer; used for a purpose other than their intended use; or damaged after delivery through no fault of the Seller.
Warranty claims must be made in writing within the warranty period. The Seller's sole obligation under warranty is, at its discretion, to repair, replace, or issue a credit for the affected Products.
Consumer Guarantees Act 1993: Where the Buyer is acquiring Products for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 does not apply. Where the Buyer on-sells Products to consumers, the Buyer is responsible for compliance with applicable consumer legislation.
8. Liability - To the extent permitted by law, the Seller's liability is limited to replacement of Products or a refund of the purchase price. The Seller is not liable for any consequential, indirect, or special loss or damage.
9. General - These terms are governed by the laws of New Zealand.
Any variation must be in writing and signed by an authorised representative of the Seller.
If any provision is unenforceable, the remaining terms continue in full force.
The Seller may update these terms on reasonable written notice.