Terms of Trade - Gravel Clothing
“Customer” means the Person who orders or purchases Goods or Services from the Supplier, and where the Customer comprises two or more persons, means the persons jointly and severally.
“Goods” means any goods provided or manufactured by the Supplier.
“GST” means goods and services tax payable under the Goods and Services Tax Act 1985.
“Order” means a request or order by a Customer for the Supplier to supply Goods and/or Services to the Customer.
“Services” means any services performed by the Supplier.
“Supplier means Flaming Eight Ball Limited whether trading under its own name or as “Gravel” or “Gravel Clothing” or another trading name.
“Terms” means these Terms of Trade.
1. Orders and Pricing
1.1. The Supplier may decline, in whole or in part, any Order in its sole discretion.
1.2. The price of Goods and Services is as specified online by the Supplier’s current price list (as amended from time to time). Unless otherwise indicated, prices stated include GST.
1.3. The price of the Goods and Services is denominated in, and must be paid in, New Zealand Dollars.
2. Payments and Discounts
2.1. Payment is to be cash payable as follows:
(a) By internet banking, accepted credit card, or cash.
2.2. Where the Customer receives a volume based discount on Goods and the Customer fails to purchase the total volume of such Goods, the Supplier reserves the right to withdraw such discount. The amount of the withdrawn discount shall be payable as a debt due to the Supplier.
3. Consumer Guarantees Act 1993
3.1. Where Goods or Services are being supplied for the purposes of a business, the Customer agrees that the Consumer Guarantees Act 1993 will not apply.
3.2. Where the Customer purchases Goods for re-supply for commercial purposes, the Customer’s terms of trade must contain an equivalent provision to clause 3.1.
3.3. Where the Customer is a consumer for the purposes of the Consumer Guarantees Act 1993, none of the provisions of these Terms shall limit the remedies available to the Customer under the Consumers Guarantees Act.
4.1. All statutory, express or implied warranties by the Supplier including, without limitation, the implied warranties of merchantability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).
4.2. The timing for the provision of Goods and Services is approximate only. The Supplier is not liable for any delay in the supply of Goods and Services.
4.3. Colour and texture variations may occur in Goods due to:
(a) The use of natural materials in the manufacturing process; and
(b) Normal manufacturing tolerances and processes.
The Customer agrees that such variations do not constitute a product defect and the Supplier shall not be liable for any loss or damage suffered by the Customer as a result of such variations.
4.4. The Supplier gives no warranty in respect of:
(a) Goods manufactured by others; or
(b) The Customer’s right to use any image or wording applied to any Goods.
5. Limitation of liability
5.1. The Supplier shall not be responsible for bleeding or fading of colours due to washing of the Goods. The Supplier recommends the following washing and care instructions:. Turn the garment inside out prior to washing in cold water only and hang dry. Do not iron over the print.
5.2. The liability of the Supplier in respect of all claims for direct or indirect loss, damage or injury arising from breach of any of the Supplier’s obligations under these Terms or from any act or omission of the Supplier is limited to the Supplier (at its option)
(a) Replacing or repairing of the affected Goods or Services.
(b) Paying of the actual cost of replacing or repairing the affected Goods or Services; or
(c) Reimbursing the price of the affected Goods or Services.
6. Intellectual Property
6.1. All pre-existing property rights in the Goods shall be and remain the property of the Supplier or such person as has made the intellectual property rights available. All intellectual property rights that are created in the course of the supply of Goods (including, without limitation, all rights in any design, artwork or text) are and shall remain the property of the Supplier. The Customer is deemed not to have commissioned any work unless the Supplier agrees in writing that the work has been commissioned to the Customer.
6.2. The Customer warrants that any design or drawing provided by it does not infringe any intellectual property rights of any other person.
7.1. Goods shall be delivered or uplifted from the Supplier’s premises as specified in the Order. Delivery of Goods shall occur when the Goods are delivered to the Customer (whether or not the Customer is present to acknowledge receipt), or when the Customer takes possession of the Goods, whichever occurs first. We may, at our opinion, deliver in instalments. Delivery time is approximate and not guaranteed.
7.2. Risk in the Goods passes to the Customer on dispatch from the Supplier’s premises.
7.3. The Customer shall pay all freight and cartage charges including any additional costs or expenses incurred by the Supplier in delivering the Goods as outlined in our shipping schedule (including charges for waiting time, unloading equipment, labour or delivery outside of normal business hours).
8. Returns and refunds
8.1. The Supplier is not obligated to refund the cost of Goods supplied to the Customer but may give a store credit under reasonable circumstances if:
(a) The Goods are returned to the Supplier in their original packaging; and
(b) The Goods have not been washed, damaged or dirtied in any form, and are in a re-sellable form; and/or
(c) The Supplier has agreed to replace particular Goods due to size misrepresentation
The Supplier may decline any store credit and replacement of Goods at its sole discretion.
9. Force Majeure
The Supplier shall not be liable if and to the extent that the Supplier fails or omits to supply Goods and Services, or for any delay in the provision of Goods and Services where such failure, omission or delay arises by reason of any event outside the control of the Supplier; this includes, without limitation, fires or other casualties or accidents, power outages, strikes and lockouts, severe weather conditions, delay in supply or materials, or unavailability of materials, acts of God or third party war or other violence, or the introduction of any law, order, regulation, demand or requirement of any governmental agency.
10.1. The failure or delay by the Supplier to exercise or enforce any right it has in connection with the Customer shall not operate as a waiver of the Supplier’s right to exercise or enforce such right or any other right in the future.
10.2. Any provision of these Terms that is held to be invalid or unenforceable for any reason shall be severed from, and shall not affect the remaining provisions of, these Terms.
10.3. The Supplier may, in its sole discretion, amend these Terms from time to time without notice to the Customer.