12. GUARANTEE
12.1 Ajax Finechem’s
liability for goods manufactured by it is limited to making good any defects by
repairing the defects or at Ajax Finechem’s option by replacement, within a
period not exceeding twelve (12) calendar months after the goods have been
dispatched so long as:
(a) defects have arisen solely from faulty materials
or workmanship;
(b) the goods have not received maltreatment, inattention or
interference;
(c) accessories of any kind used by the customer are
manufactured by or approved by Ajax Finechem;
(d) the seals of any kind on
the goods remain unbroken; and
(e) the defective parts are promptly returned
free of cost to Ajax Finechem.
12.2 If the goods are not manufactured by Ajax
Finechem the guarantee of the manufacturer of those goods is accepted by the
customer and is the only guarantee given to the customer in respect of the
goods. Ajax Finechem agrees to assign to the customer on request made by the
customer the benefit of any warranty or entitlement to the goods that the
manufacturer has granted to Ajax Finechem under any contract or by implication
or operation of law to the extent that the benefit of any warranty or
entitlement is assignable.
12.3 Ajax Finechem is not liable for and the
customer releases Ajax Finechem from any claims in respect of faulty or
defective design of any goods supplied unless such design has been wholly
prepared by Ajax Finechem and the responsibility for any claim has been
specifically accepted by Ajax Finechem in writing. In any event Ajax Finechem’s
liability under this paragraph is limited strictly to the replacement of
defective parts in accordance with paragraph10.1 of these conditions.
12.4
Except as provided in these conditions, all express and implied warranties,
guarantees and conditions under statute or general law as to merchantability,
description, quality, suitability or fitness of the goods for any purpose or as
to design, assembly, installation, materials or workmanship or otherwise are
expressly excluded. Ajax Finechem is not liable for physical or financial
injury, loss or damage or for consequential loss or damage of any kind arising
out of the supply, layout, assembly, installation or operation of the goods or
arising out of Ajax Finechem’s negligence or in any way whatsoever.
13. Ajax
Finechem’s liability for a breach of a condition or warranty is limited
to:
13.1 In the case of goods, any one or more of the following:
(a) the
replacement of the goods or the supply of equivalent goods;
(b) the repair of
the goods;
(c) the payment of the cost of replacing the goods or of acquiring
equivalent goods;
(d) the payment of the cost of having the goods repaired;
or
13.2 In the case of services:
(a) the supplying of the services again;
or
(b) the payment of the cost of having the services supplied
again.
14. Nothing in these conditions shall be read or applied so as to
exclude, restrict or modify or have the effect of excluding, restricting or
modifying any condition, warranty, guarantee, right or remedy implied by law and
which by law cannot be excluded, restricted or modified.
15.
PRICES
(a) Unless otherwise stated all prices quoted by Ajax Finechem are nett, exclusive of
despatch charges and Goods and Services Tax (GST).
(b) Prices quoted are those
ruling at the date of issue of quotation and are based on rates of freight,
insurance, customs duties, exchange, shipping expenses, sorting and stacking
charges, cartage, rate of waste, cost of materials and other charges affecting
the cost of production ruling on the date is made.
(c) If Ajax Finechem makes
any alterations to the price of the goods or to any of their inputs either
before acceptance of or during the currency of the contract, these alterations
are for the customer’s account.
(d) Ajax Finechem Prices verbally quoted or shown in
websites, faxed or catalogue price lists and online ordering systems are
subject to change without prior notice.
16. PAYMENT
16.1 The purchase price in
relation to goods is payable net and payment of the price of the goods must be
made on or before the thirtieth (30th) day of the month next following the
delivery of the goods unless other terms of payment are expressly stated in
these conditions in writing.
16.2 If payment is not made by the due date
interest shall be payable by the customer from the due date until the date of
payment at the rate equal to 1% over the interest rate payable by Ajax Finechem
to its principal bankers from time to time in respect of its overdraft
facility.
17. RIGHTS IN RELATION TO GOODS
17.1 Ajax Finechem reserves the
following rights in relation to the goods until all accounts owed by the
customer to Ajax Finechem are fully paid:
(a) ownership of the goods;
(b)
to enter the customer’s premises (or the premises of any associated company or
agent where the goods are located) without liability for trespass or any
resulting damage and retake possession of the goods; and
(c) to keep or
resell any goods repossessed pursuant to (b) above.
If the goods are resold,
or products manufactured using the goods are sold, by the customer, the customer
shall hold such part of the proceeds of any such sale as represents the invoice
price of the goods sold or used in the manufacture of the goods sold in a
separate identifiable account as the beneficial property of Ajax Finechem and
shall pay such amount to Ajax Finechem upon request. Notwithstanding the
provisions above Ajax Finechem shall be entitled to maintain an action against
the customer for the purchase price and the risk of the goods shall pass to the
customer upon delivery.
18. CUSTOMER’S PROPERTY
18.1 Any property of the
customer under Ajax Finechem’s possession, custody or control is completely at
the customer’s risk as regards loss or damage caused to the property or by
it.
19. STORAGE
19.1 Ajax Finechem reserves the right to make a reasonable
charge for storage if delivery instructions are not provided by the customer
within fourteen days of a request by Ajax Finechem for such instructions. The
parties agree that Ajax Finechem may charge for storage from the first day after
Ajax Finechem requests the customer to provide delivery instructions.
20.
RETURNED GOODS
20.1 (a) Ajax Finechem is not under any duty to accept goods
returned by the customer and will do so only on terms to be agreed in writing in
each individual case.
(b) If Ajax Finechem agrees to accept returned goods
from the customer under paragraph (a) of this clause, the customer must return
the goods to Ajax Finechem at Ajax Finechem’s place of business referred to at
the head of these conditions.
(c) All returns must quote an appropriate
Return Material Advice (RMA) number.
21. GOODS SOLD
21.1 Ajax Finechem (NZ)
Ltd does not sell or supply goods to private individuals.
21.2 All goods to be
supplied by Ajax Finechem to the customer are as described on the purchase order
agreed by Ajax Finechem and the customer and the description on such purchase
order modified as so agreed prevails over all other descriptions including any
specification or enquiry of the customer.
22. CANCELLATION
22.1 No
order may be cancelled except with consent in writing and on terms which will
indemnify Ajax Finechem against all losses.
