Terms and Conditions of sale

1. DEFINITIONS

1.1 “Kea Trailers New Zealand Limited” shall mean Kea Trailers New Zealand Limited, the seller, or any other agent or employee thereof.

1.2 “The customer” shall mean, the dealer or any person or company acting on behalf of and with the authority of the customer.

1.3 “Goods” shall mean all goods, chattels, or services provided by Kea Trailers New Zealand Limited to the customer and shall include all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods by Kea Trailers New Zealand Limited to the customer.

1.4 “Price” shall mean the cost of the goods as agreed between Kea Trailers New Zealand Limited and buyer subject to clause 4 of this contract.

2. ACCEPTANCE

2.1 Any instructions received by Kea Trailers New Zealand Limited from the customer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.

3. PRIVACY ACT

3.1 The customer authorises Kea Trailers New Zealand Limited to collect, retain and use any information about the buyer, or for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods and services provided by Kea Trailers New Zealand Limited to any other party.

3.2 The customer authorises Kea Trailers New Zealand Limited to disclose any information obtained to any person for the purposes set out in clause 3.1.

4. PRICE

4.1 For Dealers, all discounts are depicted on the dealer agreement and may vary from time to time. Recommended Retail Price lists will be supplied. All prices are subject to change, the customer will be notified by Kea Trailers New Zealand Limited of any change in prices. It is the customer’s responsibility to discard all previous lists, as each price list will supersede all older ones.

4.2 All products supplied by the seller are charged at the Seller’s Recommended Retail price. Discounts as shown on the invoice may only be deducted if the total amount due and any previous amounts due are paid on or before the 20th of the month after the date on the invoice(s) where the customer holds a credit account with Kea Trailers New Zealand Limited. Late payments will lose the discount.

4.3 Freight on all goods is extra and will be set at “Limited Carrier’s Risk”. Parts ordered with trailers and that can be packed inside do not incur an extra freight charge other than the freight charge of the trailer(s).

4.4 The customer shall be deemed to have accepted the goods unless the customer notifies Kea Trailers New Zealand Limited within 48 hours of delivery.

4.5 If the goods are not accepted according to clause 4.5 of this contract, the customer shall pay for the delivery of the returned goods, whereby the customer shall be entitled to a credit for the purchase price of any such goods.

4.5 of this contract, the customer shall pay for the delivery of the returned goods, whereby the customer shall be entitled to a credit for the purchase price of any such goods.

5. PAYMENT

5.1 Payment for goods shall be made:

5.1.1 In full prior to collection or despatch of the goods or upon completion of the work (“the date due”); or

5.1.2 Where the customer has an existing credit account with Kea Trailers New Zealand Limited or has arranged a credit account with Kea New Zealand Limited, the price shall be paid in full on or before the 20th day of the month following the date of the invoice.

5.2 Interest may be charged on any amount owing after the due date at the rate of 5% per month or part month.

5.3 Where a deposit is paid by the customer to Kea Trailers New Zealand Limited such deposit shall not be refundable for cancellation of this contract by the customer where such cancellation is not due to the fault of Kea Trailers New Zealand Limited.

5.4 Any expenses, disbursements and legal costs incurred by Kea Trailers New Zealand Limited in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.

5.5 Receipt of any negotiable instrument shall not constitute payment until such negotiable instrument is paid in full in cleared funds.

6. QUOTATION

6.1 Where a quotation is given by Kea Trailers New Zealand Limited for the price of goods;

6.1.1 The quotation shall be valid for one month from the date of issue; and

6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.

6.2 Where goods are required in addition to the quotation the customer agrees to pay for the additional cost of such goods.

6.3 Kea Trailers New Zealand Limited may withdraw the quotation at any time.

7. DELIVERY AND RISK

7.1 The goods remain at Kea Trailers New Zealand Limited’s risk until the delivery to the customer, but when the goods pass to the customer pursuant to clause 9.1 of this contract the goods are at the customer’s risk whether delivery has been made or not.

7.2 Delivery of goods shall be deemed completed when Kea Trailers New Zealand Limited gives possession of the goods for delivery to the customer, or possession of the goods is given to a common carrier, or other arrangement for the purposes of transmission to the customer.

7.3 The time agreed for delivery shall not be an essential term of this contract unless the customer gives written notice to Kea Trailers New Zealand Limited making time of the essence.

7.4 Where Kea Trailers New Zealand Limited delivers goods to the customer by instalments and the customer fails to deliver one or more instalments the customer shall not have the right to repudiate the contract but shall have the right to claim compensation as a severable breach.

7.5 If delivery of goods is delayed by reason of or as a result of any act omission, default of or at the request of the customer, Kea Trailers New Zealand Limited may require payment of expenses or additional costs incurred by Kea Trailers New Zealand Limited as a result of the delay.

8. AGENCY

8.1 The customer authorises Kea Trailers New Zealand Limited to contract either as principal or agent for the provision of any goods that form the matter of this contract.

8.2 Where Kea Trailers New Zealand Limited enters into a contract of the type referred to in clause 8.1, it shall be read with, and form part of this agreement and the customer agrees to pay any amounts due under that contract.

9. TITLE

9.1 If the goods are ascertained and in a deliverable state, title in the goods passes to the customer when the customer has made payment for all goods supplied by Kea Trailers New Zealand Limited.

9.2 Where the customer has not paid for any goods in the possession of the customer title in such goods shall remain with Kea Trailers New Zealand Limited and;

9.2.1 The goods shall be held by the customer as prior arrangement; and