Terms & Conditions of Sale

1. How these Terms Apply
Customers are taken to have exclusively accepted and are immediately bound by these terms and conditions of sale when they:
a. place an Order for any Goods from us via our website; and/or
b. place an Order under any Trade Credit Account with us; and/or

2. Definitions
The following definitions apply in these Terms:
Customer includes all purchasers of Goods via our online store or under a Trade Credit Account.
Business Days Any reference to ‘Business Days’ in these terms means a day on which banks are ordinarily open in New Zealand and excludes a Saturday, a Sunday or a public holiday. Any other reference to a ‘day’ shall mean a calendar day.
Goods includes any materials, products, (including component parts) or equipment supplied in connection with any Order.
Order means any quotation, estimate, order, online purchase, Trade Account order, phone order, invoice and any other documentation setting out details of an order for Goods.
Trade Credit Account means an account between us as Seller and a trade Customer to purchase Goods on account with payment in arrears.
Us means CARAVAN & LEISURE PRODUCTS NZ LIMITED (NZBN 9429031179942) and includes any reference to “we” or “our” “Seller” and includes any assignee, successor or transferee.

PRICE, TAXES AND SHIPPING
3. Prices May Vary
Prices for Goods are not final until an Order is confirmed. Pricing on any stock list or price list is subject to change and is only valid for the price stated as at the date an Order is placed.

4. Promotions or Sale Prices
Any promotional or sale prices are valid as at the date shown online or in a price list supplied. No guarantee is offered that a sale or promotional will continue. We reserve the right to withdraw a promotion or sale at any time.

5. Currency
All prices shown listed by us are in New Zealand dollars.

6. GST
Unless otherwise stated, the following applies:
a. Any applicable import taxes, duties, or other similar charges imposed on or in relation to the Goods are included in the price; and
b. Online store purchases or purchased via any online platform are inclusive of GST; and
c. Goods ordered by Trade Account Customers from price lists supplied are GST exclusive.

7. Freight and Shipping
Any freight, delivery charges or other costs and expenses arising from the ordering of any Goods, must be paid for by the Customer in addition to the Price of the Goods.

PAYMENT
8. Online Sales
All sales must be paid for in full prior to fulfilment of an Order.

9. Retail Sales
All retail sales are cash purchase before collection of Goods except where a Customer holds a Trade Credit Account, in which case the Invoicing terms set out in these Terms shall apply.

10. Credit Card Fees
We reserve the right to add reasonable merchant fees, costs and expenses for processing credit or debit card transactions.

11. Online Payment Gateway
We use the Stripe Payment Gateway for our online card transactions. Stripe processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service. Payments are processed in real-time. Learn more about the security of using Stripe to handle payments at https://stripe.com/docs/security/stripe.

INVOICING
12. Amounts Owing Payable on Due Date
All amounts specified in an invoice will require payment on the due date specified in the invoice (“Amounts Owing”).

13. Trade Credit Accounts
Where the Customer holds a Trade Credit Account, settlement of account balance is due in full on 20th of the following Month from the date of Invoice.

14. Invoice Frequency
We may invoice at any one or more of the following frequencies:
a. at a specified date each month for the account balance for the Trade Account; and/or
b. as otherwise stated in an Order.

15. No Deferment of Final Balance
The Customer confirms and acknowledges that it cannot defer the payment of the final balance to be later than the due date stated in an Invoice.

16. No Set Off or Deduction Payment of Amounts Owing
Amounts Owing which are due and payable must be made without set-off or deduction of any kind.

17. Overdue Amounts Owing
Where the Customer does not pay an Amount Owing by the due date stated in an invoice and/or a Trade Credit Account statement has been issued and payment is not received by the 20th of the month (or any later date agreed by us) this amount immediately becomes an “Overdue Amount Owing”. After a period of 5 (five) Business Days, if payment for an Overdue Amount Owing has not been received, we shall have the right to apply default interest at a rate of 5% per month on the Overdue Amount Owing (or such rate published on our invoices if different). This interest amount shall be calculated daily and compound monthly at that rate if we elect to do this. This applies before and after any judgment (if applicable).

18. Rights to Commence Debt Collection or Recovery
If an Overdue Amount Owing remains unpaid for 14 (fourteen) Business Days or more, and we have not agreed to any part-repayment or repayment plan, we reserve our rights to engage the services of a debt collection agency or solicitor to take proceedings to recover the Overdue Amount Owing. The Customer will be liable for the costs incurred by us in the collection of any unpaid amounts including but not limited to legal costs (on a client-solicitor basis), debt collection fees (including commission) and related administration fees.

19. Administration Fees
Where we perform any additional actions to recover any monies owed by the Customer, we reserve the right to apply reasonable administrative fees for phone calls, texts, emails to follow up and recover any Overdue Amount Owing in addition to any costs or expenses stated in any clauses above.

CONSUMER GUARANTEES ACT
20. Consumer Guarantees Act
If the Customer is acquiring the Goods or related Services for the purpose of resupplying them in trade or for any other trade purpose, the provisions of the Consumer Guarantees Act 1993 (“the CGA”) are excluded. Otherwise if Goods are sold to a consumer, the CGA shall apply and nothing in these terms shall affect any consumer’s statutory rights.

FAULTY GOODS
21. Notification of Faulty Goods
Customers must inform us within 14 days of receipt or collection of Goods in writing of any alleged defect, damage or failure to comply with the description or quoted specifications of Goods in an Order. The following shall apply:
a. Warranty Process The Customer must follow the process set out in this website under the Returns & Warranty page.
b. Inspection We are entitled to inspect the Goods within a reasonable time to determine if a defect is present; and
c. Remedies We can choose (at our sole discretion) to either replace or repair the Goods or offer a refund; and
d. Original Manufacturer Warranty We shall liaise with any original equipment manufacturer to procure replacement Goods under warranty or arrange a repair at their expense; and
e. No Refund We are not obliged to provide a refund for faulty Goods unless required by law or at our sole discretion.

22. CGA
Nothing in this clause affects the Customer’s rights under the CGA, where applicable.

RETURNS
23. Return of Goods
Customers must follow the process set out in our Returns & Warranty page.

24. Trade Account Customer Returns
We are entitled to deduct a handling or restocking charge from any cash refund, store credit or credit applied to any Trade Account for the returned Goods.

25. Non-Stocklist Items or Special Orders
Non-stocklist items or Goods made or ordered to custom specifications are under no circumstances acceptable for credit or return.

RISK AND INSURANCE
26. Insurance
Our nominated delivery partner shall insure the Goods during transit only. The Customer must inspect the Goods on receipt.

27. Risk in Goods Passes on Collection or Receipt
All risk of damage or loss to any Goods shall pass to the Customer on collection from our store or acceptance of the Goods via our nominated delivery partner.

TITLE TO GOODS
28. Retention of Title to Goods
We own the Goods supplied to the Customer until they have paid for them in full. To avoid doubt, this includes where Goods are purchased on a Trade Credit Account until such time the full balance of the account has been paid in full for the relevant Goods. No beneficial or equitable ownership in the Goods will pass to the Customer until full and final payment of the total price for the Goods has been received by us, pending which the Customer holds the Goods as trustee and agent for us.

29. Customer Right to On-sell Goods
Notwithstanding the retention of title of Goods, the Customer may prior to payment in full sell the Goods under a bona fide transaction not intending simply to deprive or in an attempt to deprive us as seller of the benefit of the retention of title. In the event of a sale of the Goods prior to payment in full the Customer will, as a trustee for us as seller, hold all moneys received by the Customer from such sales on trust in the name of and to the credit of us as Seller until payment to us for such Goods has been made in full.

30. Right to Enter Premises to Seize Goods if there are Amounts Owing
If the Customer fails to comply with these Terms in relation to payment of Amounts Owing then we may enter any premises owned or occupied by it to seize possession of the Goods and retain, sell or otherwise dispose of such Goods. By placing an Order with us for Goods to be paid for after collection, the Customer acknowledges and agrees that it grants us or our agents or approved contractors an unrestricted right and licence to enter such premises without notice to identify and remove the Goods that we still own.

CANCELLATION OF AN ORDER
31. Our Rights to Cancel
We may cancel an Order at our discretion. This includes, but is not limited to:
a. where products have been listed at an incorrect price or with incorrect information due to an error or oversight (in which case we will refund or credit any purchase price already paid by the Customer for the product in question); and/or
b. where a Trade Credit Account is suspended or has been terminated by us in accordance with these Terms; and
c. in all cases, we shall not be liable for any direct, indirect or consequential loss or damage whatsoever arising from such cancellation.

LIMITATION OF OUR LIABILITY
32. Exclusion of Our Liability
To the fullest extent permitted by law, we exclude all liability to the Customer for loss or expenses any direct or indirect claims, expenses, losses, damages and costs (including any incidental, special and/or consequential damages or loss of profits, loss of anticipated savings or loss of expenses suffered or incurred by resulting (either directly or indirectly) in connection with the supply of Goods.

33. When Limitations of Liability Cannot Apply
These clauses do not limit our liability to the extent that it cannot be limited at law or arises out of or in connection with any wilful default, fraud or criminal conduct by us.

34. Limit of Liability
Where we are found to be liable to the Customer, our total aggregate liability to the Customer arising out of or in connection with these Terms whether under any indemnity, in contract or tort (including negligence) by statute or otherwise at law or in equity is limited to the total price of the Goods or the actual direct costs incurred by the Customer (whichever is the lower amount).

GENERAL
35. No Waiver
The failure by either party to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

36. Severability
If and to the extent any provision or part of a provision of these Terms is illegal or unenforceable, such provision, or part of a provision will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms.

37. Entire Agreement
These Terms set out the entire agreement between the parties.

38. Electronic Acceptance
The parties agree that any legal requirement may be met by using electronic means in accordance with the Contract and Commercial Law Act 2017. In this clause the term “legal requirement” has the meaning given to it by section 219(2) of the Contract and Commercial Law Act 2017.

39. Changes to Terms
We may amend our general terms and conditions for subsequent future Orders at any time.

40. Precedence
If there is any conflict or difference between the documents forming these Terms then the order of precedence is the conditions of an Order and then these Terms.

41. Remedies
The rights, powers and remedies provided in these Terms are cumulative and are in addition to any right, powers or remedies provided by law.

42. Governing Law
The contract formed by these Terms shall be governed by the laws of New Zealand and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.