1. General

This agreement shall apply to every sale or agreement for sale made by the Company and the Purchaser after the date hereof and no variation of the agreement shall be effective unless it is evidenced in writing and signed on behalf of the Company. 

2. Orders

It is possible to place orders for goods and make payment by direct debit or cheque either to our authorised sales representatives or by contacting the Company directly. The goods will not be released by the Company until payment is cleared. 

3. Payment

Unless otherwise agreed in writing, payment terms for goods purchased from Fish IT Ltd shall be the following:

1. The price shall be paid, by the Purchaser, to the Company by the 20^th of the month following from the end of the month in which the invoice is dated
2. Time for payment of the price of the Goods shall be of the essence and if the Purchaser fails to pay the price upon due date the Company may, without prejudice to its other rights and remedies at law, do any of the following things :
   1. Cancel or suspend delivery of the Goods or of any other Goods agreed to be sold by the Company to the Purchaser and the Company will not be liable for any loss from whatever cause, caused to the Purchaser by such cancellation or suspension.
   2. Charge the Purchaser interest on the amount of the price unpaid from the due date for payment down to the date of payment at a rate equal to the interest rate charged at the rate that would be charged to the Company on the Company’s current account with the Company’s bankers from time to time, plus a margin of 6%.
3. Transport costs for delivery of goods will be additional to the purchase price. Purchaser can arrange pick up or own transport.

         4. Risk

The risk of any loss or damage to or deterioration of goods shall pass to the Purchaser when the Purchaser takes possession of those goods. Purchaser must properly store and secure the goods according to instructions provided by the Company.

Any technical advice and information provided by us in good faith but without warranty. We cannot control your use or storage of our goods and it is your obligation to test the goods for suitability of purpose in your particular circumstances. In the event that liability is established for accident or damage, this will be limited to the cost of replacing the goods. 

5. Delivery

All claims to reject the goods or that the goods do not conform to description must be made by the Purchaser in writing and received by the Company within seven days of receipt of those goods by the Purchaser, otherwise they shall be deemed to have accepted the goods and waived any such claim.

Where the Purchaser has notified the Company regarding goods that are damaged or not of acceptable quality the Company may, at its discretion, provide credit to the Purchaser or refund part or the entire purchase price.

6. Health and Safety

It is the Purchaser’s responsibility to insure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and other use of the Goods and where information is supplied to the Purchaser in relation to the potential hazards relating to the Goods, to bring such information to the attention of its employees, agents, sub-contractors, visitors and customers. Without prejudice to the foregoing it is also the Purchaser’s responsibility to provide safe facilities for the reception of the Goods into storage.

7. Industrial Property Rights

The Purchaser shall not alter, remove or in any way tamper with any of the trade or other marks or numbers of the Company attached to or placed upon the Goods.

8. Assignments

The Purchaser shall not assign or transfer or purport to have signed to transferred any of its rights or obligations under or in connection with the contract to any person or corporation whatsoever.

9. Sub-Contracts

The Company reserves the right to sub-contract the performer in relation to the supply of the Goods to any other party or person or corporation it may determine.

10. Proper Law and Jurisdiction

This agreement shall be governed by the Law of New Zealand and all contracts for the supply of Goods shall likewise be governed by and construed in accordance with the Laws of New Zealand. 

11. Costs

The Purchaser agrees to pay to the Company all costs charges and expenses incurred by the Company, including legal costs on a solicitor-client basis, in enforcing any provision of this agreement including the payment of the price by the Purchaser. 

12. Ownership/Personal Property Securities Act 1999

(a) Any Goods and materials supplied by the Company shall remain the property of the Company until paid for in full and/or while any money is due and owing to the Company.

(b) If any money due and owing by the Purchaser to the Company remains unpaid or if the Purchaser is in breach of any obligation to the Company, then the Company, its agent or other authorised representative are authorised by the Purchaser to enter the Purchaser’s premises to recover and resell any or all of those Goods and materials.

These Terms & Conditions were last updated on 6 May 2020