Terms of Trade
These Terms of Trade (“Terms”) apply in respect of all supplies of goods and services from True Health Limited (“we”, “us”) to the customer (“you”), except to the extent that we otherwise agree with you in writing. Any order received from you shall constitute acceptance of these Terms.
Products and Price
All products and prices shown are indicative only, and are subject to availability and change without notice. We reserve the right to charge goods and services tax (GST) in respect of the supply of products to you and for delivery of such products at any time, notwithstanding that we may not have previously done so.
Receipt of an order from you constitutes an offer to purchase the products from us. No order shall be binding until accepted by us. We reserve the right to accept any order in whole or in part. Orders may be cancelled only if we agree in writing to the cancellation and the order has not been dispatched.
We need to know if your product doesn’t arrive so that we can track it or provide you a replacement or credit your account. You must notify us at firstname.lastname@example.org if you have not received your product within 10 days of ordering it, otherwise we will not provide a replacement or credit.
Invoices are payable by the 20th day of the month following the date of the invoice (“the due date”). If an invoice is not paid in full on the due date we reserve the right to charge interest at the rate of 6% per calendar month or part month and to charge collection and legal fees and any other costs incurred to recover the overdue amount.
Personal Property Securities Act 1999 (“PPSA”)
You acknowledge and agree that you grant a security interest in all products supplied by us to you. You undertake to sign any further documentation and/or provide any further information (which you warrant to be complete, accurate and up-to-date in all respects) which we may require to register a financing statement or a financing change statement on the Personal Property Securities Register. You agree to indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement. You hereby waive your right to receive a verification statement in accordance with s148 of the PPSA.
Delivery and Ownership
Ownership in the products does not pass to you until you have paid the purchase price and any other amounts owing in full. Risk in the products will pass on delivery to you at the delivery address stated on the order form.
All claims for an alleged defect, shortage in quantity, damage failure to comply with description must be received by us within 5 working days of the date of delivery. In the event of any dispute, you must pay the invoice in full and refer the matter to mediation.
Any claim relating to the products, services or invoices, or any dispute or difference arising out of these Terms shall be referred to mediation before the matter can be referred to arbitration or litigation. This shall not affect the right of either party to refer any dispute to the Disputes Tribunal. The mediator shall be agreed on by the parties or, failing agreement, nominated by the President of the New Zealand Law Society, or his or her nominee. Both parties will cooperate with the mediator in an effort to resolve the issue. The costs of mediation shall be borne equally by the parties. Consumer Guarantees Act 1993: If you are acquiring the products for the purposes of a trade or business, you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of the products.
Limitation of Liability
We will not be liable for any losses of any kind or any delay in supplying the products which are caused in whole or part by force majeure or any cause beyond our reasonable control. Any liability on our part arising out of the supply of products shall be limited (at our option) to the replacement of the products or an amount equal to the cost of the order.
We give no express or implied warranty in relation to the products supplied to you and you acknowledge that you have not relied on any representation or warranty made by or on our behalf and any implied warranties are hereby excluded to the extent permitted by law.
Liability and Guarantee
The signatory on the order shall remain personally liable for your obligations and if you are a Company or Trust, the directors or trustees hereby jointly and severally guarantee and undertake to us the payment of any and all monies now or hereafter owed by you to us.
If we fail to enforce any terms or to exercise our rights under these Terms, we have not waived those rights. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect. These Terms are governed by and will be construed in accordance with New Zealand law.