Conditions of Sale
(a) In these Conditions of Sale, KiwiSouvenirs.com is the Supplier of the Goods and is referred to below as "we", "us" and "our". The person or corporate entity on whose behalf the Goods are ordered is referred to below as "you" and "your". "In writing" means "by letter, fax or email".
(b) These terms do not affect your statutory rights (New Zealand).
(c) A Contract for the Sale of Goods shall arise when we despatch the Goods or you notify us in writing of your acceptance of our quotation (whichever occurs first).
(d) Acceptance of delivery of Goods will be taken as conclusive evidence of your acceptance of these Conditions.
(e) Please allow up to 28 days for delivery.
(f) In the unlikely event of a dispute New Zealand law applies.
(a) All prices charged are those displayed on our website or, if you have requested a quotation, as per the quotation.
(b) We endeavour to honour all quoted prices. Where not possible, due to an unforeseen occurrence, we will inform you prior to despatch.
(c) All prices quoted are exclusive of Value Added Tax, unless otherwise stated.
(d) Due to the rapidly changing nature of the electronics industry, prices and specifications are sometimes subject to change without notice.
(e) From time to time we all make mistakes. In the event that a price is entered into of system incorrectly only the correct price will apply. In the event we don't spot any pricing errors prior to shipment then congratulations on your bargain!
(a) Payment can be made online
(b) Receipts for payment shall be issued only on request.
(c) Credit accounts are available for some corporate customers at the discretion of Kiwi Souvenirs and in this case:
(i) Goods invoiced shall be paid within 30 days even if certain items remain to be delivered, unless we agree otherwise in writing.
(ii) If payment terms are not complied with then we have the right to charge interest at the rate of 3% for every month or part thereof, between the due date of payment and final settlement date.
(iii) If any payment is overdue even in part, we may, without prejudice, recover and/or re-sell the Goods and may enter on your premises by our servants or agents to recover the Goods. You will then be liable for all our costs of doing this.
Ownership and Risk
(a) All Goods remain the property of Kiwi Souvenirs until paid in full.
(b) The risk in Goods shall pass to you when the Goods are delivered to you.
(c) Any complaint of short delivery or damaged Goods in transit must be notified in writing within 7 days of receipt.
(a) We warrant that any Goods we supply comply with any description or specification we have supplied.
(b) All Goods we supply are covered by the relevant manufacturers warranty as included in the Goods delivered.
(c) You shall only be entitled to the benefit of such warranties or guarantees as are given by the manufacturer to the Seller.
(d) If you allege that any Goods do not comply with our warranty, you may return them to us. After we have had reasonable time to examine the Goods, we may replace them or accept their return and credit you with the purchase price subject to point (g) below.
(e) We will not be liable in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow our (oral or in writing), misuse or alteration or repair of the Goods without our written approval.
(f) We will be under no liability whatsoever if the total price for the Goods has not been paid.
(g) We will not be held responsible for any implied warranty, condition, or other term or any duty at common law or under the express terms of the contract, for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever which arise from the supply of the Goods or their use or resale by you including loss of any of the following: profit, anticipated savings, business, Goods, revenue, contract, goodwill, use; loss or corruption of data and/or other information; downtime or damage relating to the procurement by you of any substitute hardware or software.
(h) Our entire liability under or in connection with the contract will not
exceed the price of the Goods, except as expressly provided in these Conditions.