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Terms of Trade


BENE SPORTS MEDICAL LTD TERMS OF TRADE
Updated 3rd February 2015
 
Any sales made by Bene Sports Medical Ltd to you will be subject to the following terms which will take precedence over any terms stated by you when placing an order.  Placement of orders, acceptance of delivery or making a payment by you or a representative of your Company will be deemed as acceptance of these terms.  Bene Sports Medical Ltd may vary these terms at any time with prior notice.
 
ORDERING:
 
Orders for goods may be placed via our electronic ordering system on our website: www.benesportsmedical.co.nz
 
These orders require electronic payment on completion of the order.
 
All other orders can be made either by phone on  0800 20 20 12  or email on sales@benesportsmedical.co.nz
 
Minimum ordering quantities are as defined by the selling unit of measure e.g. each, pack, box etc.  Products are purchased in multiples of this quantity.
 
Bene Sports Medical Ltd may, at their discretion, refuse to accept orders if the Account is in arrears or there is any other unresolved dispute between the two parties.
 
With the exception of larger items of furniture/equipment which require a freight quotation, normal turnaround orders will be delivered to anywhere in New Zealand free of charge if the order value is $150 or over (exclusive of GST).  Orders of less than $150 or those required in less than the normal turnaround time, will attract a freight fee as follows:
 
For all orders placed by phone, fax, email or mail with Bene Sports Medical Ltd under $150 in value, a Freight and Handling fee of $10 (North Island Customers);  $20 (South Island Customers) will be added to the total order value.  For Rural Deliveries (Waiheke Island is a Rural Delivery) a further $5 is added to the total order value.  Please note that GST is additional to these charges.
 
Orders required to be shipped overseas will require a freight quotation.
 
No freight and handling fees are levied on Backorders.
 
PRICE:
 
All prices are shown in New Zealand Dollars on our website and in our published catalogues.  Prices will be as quoted in writing or as per our current Price Catalogue published in hard copy or on the Bene Sports Medical Ltd website.  These are quoted without GST and may be subject to alteration without notice.  Orders placed are accepted on the basis that they will be charged at the price effective at the time of ordering.
 
 
DISPATCH:
 
Goods that are in stock are normally dispatched within two working days.  Deliveries will be made by a
Carrier designated by Bene Sports Medical Ltd.  All deliveries require a signature of receipt, where this is waived at the request of the Customer, all liability for delivery receipt and condition of the goods is at the Customers risk.
 
For Urgent orders where goods or services are required outside our normal turnaround times, the additional costs of urgent courier fees will be levied.  These costs will be advised to the placer of the order for acceptance prior to dispatch.  Bene Sports Medical Ltd is not liable for any failure to comply with the urgent deadlines if the failure arises out of any circumstances beyond their reasonable control.
 
Risk of damage to or loss of the goods passes to the buyer on delivery.
 
PROOF OF DELIVERY:
 
Signature of recipient on Bene Sports Medical Ltd authorised carriers schedule will constitute receipt of total consignment.
 
Any dispute regarding the accuracy of the contents or condition of the delivery must be lodged by the Buyer / Recipient within two working days of receipt. This includes insufficient expiry dates.
 
 
RETURN OF GOODS TRADE CUSTOMERS
 
Bene Sports Medical Ltd undertakes all the implied guarantees set out in the Consumer Guarantees Act 1993. However the Consumer Guarantees Act 1993 will not apply where the Buyer acquires the goods for the purposes of a business.
 
Where the reason for return of goods lies with the Buyer and not due to Bene Sports Medical Ltd failure to provide the required goods or services, prior approval for goods returned for credit must be sought from Bene Sports Medical Ltd. 
 
All freight fees associated with goods returned due to Buyer reasons are the responsibility and cost of the Buyer. 
 
These goods will only be accepted for credit if they are:  in original unopened packaging and in a re-saleable condition (including expiration dates).  They must also be accompanied by a copy of the packing slip / invoice.
 
Goods to be returned must be notified to Bene Sports Medical Ltd within fourteen days of receipt.
 
Bene Sports Medical Ltd reserves the right to charge the Buyer a re-stocking fee of 30% of the value of the goods returned (exclusive of GST).
 
RETURN OF GOODS TRADE CUSTOMERS
 
Bene Sports Medical Ltd will not accept any returns for goods sold to retail other than where goods are faulty or as per the implied guarantees set out in the Consumer Guarantees Act 1993.
 
 
PAYMENT:
 
Retail or Customers on Cash Sales terms only are required to make payment on ordering.
 
Customers accepted as Credit Account Holders will make payment for the goods purchased on the 20th Month following receipt of the goods.  Customers requiring a Credit Account must complete and have accepted a Credit Account Application form.
 
Unless prior arrangements have been approved, a late payment fee of 5% of the outstanding amount will become payable monthly in addition to the monies owing.  This will take effect from the first day of the month following the date on which the payment was due and will continue to aggregate on a monthly basis until full payment is made.
 
Where outstanding debts that Bene Sports Medical Ltd have been unable to recover are passed onto a Debt Collection Agency, all fees incurred in this process will be charged to the Customer.
 
Bene Sports Medical Ltd reserves the right to impose a credit limit at any time on the Buyer’s account with effect from the date that it notifies the Buyer accordingly.
 
 
RISK AND OWNERSHIP:
 
Ownership of the goods sold remains with Bene Sports Medical Ltd and will not pass to the Buyer until all the amounts owing in respect of the goods are paid to Bene Sports Medical Ltd and any other specified obligations in respect of the goods have been met.
 
Until such time as the payment for goods purchased has been made, the Buyer undertakes to hold the goods as agent for Bene Sports Medical Ltd in such a manner as they are clearly identifiable as the property of Bene Sports Medical Ltd.
 
If payment for the goods received is not made within the required period, Bene Sports Medical Ltd or it’s appointed agents reserves the right to require the Buyer to return the goods forthwith.  Should this action provoke no response then the Buyer or their appointed representatives further reserves the rights enter the Buyers premises and remove the unpaid for goods.
 
In the case where the goods have been on sold - the Buyer agrees for purposes of Section 36 of the personal Property Securities Act to the above Retention of Title Clauses creating a Purchase Money Security Interest in all goods sold to you while those goods still remain Bene Sports Medical Ltd title until you have fully paid for these.  The Buyer agrees to further waive the right to receive a verification statement for the purposes of S.148 of the Act.
 

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