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Terms & Conditions

ggoss.co.nz  Terms and Conditions of Sale

1. Terms used

”Act” means the Personal Property Securities Act 1999

“Buyer” refers to any legal entity or person purchasing from ggoss.co.nz

“ggoss.co.nz ” refers to Cee Gee Limited T/A GGOSS

“goods” means all present and after acquired property that is invoiced to the buyer by ggoss.co.nz including (but not limited to) all GGOSS products and any other goods as described in any invoice rendered by ggoss.co.nz to the Buyer

2. General

ggoss.co.nz supplies all present and after acquired goods to every buyer on the following Terms and Conditions of Sale (“Terms and Conditions”) which shall constitute the entire agreement between ggoss.co.nz and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:

(i) Any condition contained in the buyer’s order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by ggoss.co.nz ;

(ii) Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by ggoss.co.nz where ggoss.co.nz accepts cancellation, ggoss.co.nz may levy a handling charge of up to 40% of the price;

(iii) Where the buyer and ggoss.co.nz agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of ggoss.co.nz

3. Prices and Terms of Payment

(i) All prices listed or quoted are subject to alteration without prior notice; listed or quoted prices charged will be those current at the time of despatch of the goods

(ii) ggoss.co.nz ’s prices are exclusive of taxes, duties and other imposts which, if chargeable, are payable by the buyer whether they are imposed or brought into force before or after acceptance of the buyer’s order

4. Delivery

 (i) Any quotations of delivery times by ggoss.co.nz are made in good faith but are estimates and ggoss.co.nz shall not be bound by such quotation

(ii) ggoss.co.nz will select the method of delivery and reserves the right to charge the cost of delivery to the buyer. Where the buyer requests another method of delivery and ggoss.co.nz agrees in writing then the buyer shall meet the cost of that delivery

5. Shortages, Damage or Loss in Transit

(i) Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 5 days of the delivery and provides a reasonable opportunity for ggoss.co.nz to investigate the claim

(ii) Goods leaving ggoss.co.nz ’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

(a) Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received

(b) Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly

(c) Within 5 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition

(iii) No claims will be considered after 5 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by ggoss.co.nz details of any claim should be advised to ggoss.co.nz

6. Return of Goods for Credit

(i) Goods supplied in accordance with the buyer’s order can only be returned with the express approval of ggoss.co.nz

(a) Requests to return goods must be submitted within 5 days from date of supply and the original invoice number must be quoted

(b) Where goods are accepted for credit they must be delivered at the buyer’s expense into ggoss.co.nz’s store from where they were purchased in original condition and packaging

(c) ggoss.co.nz reserves the right to levy a restocking fee against any returns they may agree to accept.

(ii) Goods specifically imported, procured or manufactured on behalf of the buyer can only be returned on such terms and conditions as ggoss.co.nz may agree

7. Liability and Maintenance Guarantee

(i) The buyer shall ensure that the goods ordered are fit and suitable for the purpose of which they are required and ggoss.co.nz is under no liability if they are not

(ii) In the case of goods not of ggoss.co.nz ’s own manufacture the buyer is entitled to only such benefits as ggoss.co.nz may receive under any guarantee given to ggoss.co.nz by the manufacturer of the goods

(iii) In lieu of any warranty, condition, or liability by law, ggoss.co.nz ’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to ggoss.co.nz , unless otherwise arranged. ggoss.co.nz shall not be liable for consequential or special damages under any circumstances. At the termination of the appropriate period all liability on ggoss.co.nz ’s part ceases

(iv) ggoss.co.nz is not liable under clause 7(iii) for damage from misuse, accident, neglect or improper operation, maintenance, installation, modification or adjustment

(v) ggoss.co.nz ’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract it being agreed that ggoss.co.nz has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of ggoss.co.nz

8. Disputes

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act (1996)

9. Force Majeure

ggoss.co.nz shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials, facilities, accidents, interruptions of, or delay in transportation or any other cause beyond ggoss.co.nz ’s control

10. Compliance

The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods

11. Consumer Guarantees Act 1993

In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“CGA”) then:

(i) Where the buyer is acquiring the product for the purpose of business then the CGA shall not apply;

(ii) In the event the purchaser is acquiring the product for purposes other than that of a business, then these Terms and Conditions of Sale shall be interpreted subject to the purchaser’s rights under the CGA, to the intent that no provisions shall in any way limit or purport to limit the purchaser’s rights under the CGA

12. Change of Terms and Conditions

ggoss.co.nz has the right to unilaterally change these Terms and Conditions by 5 days notice in writing to the buyer

13. Security Agreement and the Act

(i) The buyer agrees the terms of clause 9 above constitute a security interest in the goods and their proceeds for the purposes of the Act

(ii) The buyer shall promptly execute any document and provide any information required from time to time by ggoss.co.nz to enable them to take a perfected security interest in the goods and their proceeds in priority to all other secured parties

(iii) The buyer shall meet all costs ggoss.co.nz incur in filing a financing statement or financing change statement under the Act in relation to goods supplied under these Terms and Conditions

(iv) The parties agree that nothing in sections 114(1)(a), 133 and 134 of the Act shall apply to these Terms and Conditions

(v) The buyer waives its rights as a debtor under sections 120(2), 121, 125, 126, 127, 129, 131, and 132 of the Act

(vi) The buyer waives its right to receive a verification statement confirming registration of a financing statement or a financing change statement relating to a security interest created by this document

14. Proper Law

The contract and these conditions of sale shall be governed by New Zealand Law

 

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