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Terms and Conditions
Cornwall Holdings 2008 Ltd - Terms & Conditions of Sale
- Terms: These terms are the terms on which products are supplied by us, notwithstanding anything to the contrary in any other contract or acceptance document. We may amend or replace these terms at any time by giving you notice in writing or by posting the new or amended terms on our website.
- Payment: Generally, the price shall be payable in full before we supply you with the products. However, we may in our absolute discretion supply products to you on credit. Payment for products supplied on credit must be made in accordance with the terms on the invoice accompanying those products. All payments must be made in full without any set-off, deduction or withholding. We may at any time suspend any credit and require you to pay all outstanding amounts in full. We may elect not to sell or deliver products to you if payment is not received in accordance with our requirements. If you default in your payment obligations we may elect to cancel this contract by giving you written notice.
- Default: If your account is overdue, default interest will be payable at our discretion at the rate of 2% per month (or part month) on any amount due and unpaid. You acknowledge that payment of default interest is without prejudice to our other rights and remedies. If we take action to recover any amount due from you, or to otherwise protect our interests in relation to money owed to us, you agree to pay our costs (including solicitor/client and debt collection costs). Such costs shall bear interest in accordance with this clause from the date 7 days after we notify you of the costs until the date of full reimbursement.
- Risk: Risk in the products supplied to you shall pass to you upon delivery of the products to the address specified for delivery.
- Ownership of Products supplied: Prior to you paying us in full for all products supplied to you, ownership in such products will remain with us. If you fail to pay on the due date, or breach these terms, you authorise us to enter any premises to recover products owned by us. You indemnify us for any losses or costs we incur in recovering such products. If the premises are those of a third party, we may enter and recover the products as your agent. We will be entitled to sell any products held by us and apply the proceeds towards any amounts owed by you.
- Security Interest: You agree that, for the purposes of the Personal Property Securities Act 1999 (“the PPSA”), we have a purchase money security interest in the products supplied by us to you (as detailed in each invoice supplied to you) as well as the proceeds of such products, until such products have been paid for in full. We may allocate any payment you make to us in satisfaction of any debt you owe to us from time to time as we see fit. You agree to sign any documents required for us to perfect our security interest under the PPSA and authorise us to sign any such documents as your attorney. To the extent permitted under the PPSA you agree to waive your rights as debtor and you and we agree to contract out of the PPSA to the extent permitted by that Act. In particular, you waive your right to receive a verification statement when we register a financing statement or a financing change statement.
- Delivery: You are responsible for delivery costs, unless we agree otherwise in writing. When you purchase products on our website, the delivery costs will be as notified on our website. Otherwise, the delivery costs will be as agreed or, if not agreed, a reasonable charge determined by us.
- Returns Policy: If you receive the wrong item or any damaged product, we will replace it at our cost, provided that you contact us within 48 hours of delivery and return the wrong/damaged product to us (at our cost) within 14 days and in its original packaging.
- Manufacturer’s guarantee: All products supplied by us shall have a 8 year warranty from the date of delivery. The warranty covers materials and workmanship for so long as the product is used for its intended purpose and you follow the care instructions. If you re-supply the products in trade, you must pass this warranty onto your customer. The warranty shall not apply if you (or your customer) have failed to follow the care instructions or abused the product in any way.
- Extent of liability: We are not responsible for anything beyond our control. Our liability in relation to products supplied is limited to direct loss caused by our breach of these terms up to a maximum of the contract value of the products. We shall not otherwise be responsible for any cost, loss, damage or claim arising directly or indirectly in relation to products supplied by us, whether arising in contract, tort (including negligence) or otherwise. All warranties implied by customary practice, at law or under statute are excluded to the extent legally permitted.
- Consumer Guarantees Act 1993 (“CGA”): You are a commercial customer if you acquire products from us for business purposes. If you are a commercial customer then you agree that the CGA does not apply in respect of the products supplied to you. If you re-supply the products in trade, you must contract out of the provisions of the CGA where your customers are consumers who acquire the products for business purposes. Notwithstanding any express provision in these conditions, nothing in these conditions is intended to have the effect of contracting out of the provisions of the CGA except to the extent permitted by the CGA.
- No Waiver: No delay or failure by us to act or insist on any right shall be regarded as a waiver and every right remains enforceable and may be exercised by us at any time.
- Governing Law: These conditions and any transaction between you and us shall be governed by New Zealand law.
- Definitions: In these conditions the terms “we”, “us” and “our” are references to Cornwall Holdings 2008 Limited. A reference to “you” is a reference to the Customer. “Products” means Cornwall Holdings 2008™ duvets and any other products which we may supply to you from time to time.