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TERMS OF TRADE

The name that will appear on your invoice is ANCRA NEW ZEALAND LIMITED.


1. PRICES
The prices stipulated by Ancra New Zealand Limited (hereafter referred to as the ‘Company’) shall be increased or decreased by the amount of any increase or decrease in the cost of materials, transport, labour, customs and other duties, insurance and other factors affecting the cost of production and/or delivery due to circumstances beyond the control of the Company between the date of quotation and the date of delivery.
All pricing is in New Zealand dollars only.

2. TERMS
The terms of payment are nett cash on the 20th day of the month following that in which the goods are despatched by the Company to the Purchaser. Interest may be charged from that date at such a rate as may be set from time to time by the Company.

3. DELIVERY
Delivery shall be deemed complete when the Company gives possession of the goods to a carrier for delivery to the place indicated as the delivery address, or for delivery to a main airport, port or railway station if the goods are to be delivered by air, sea or rail. If the Purchaser fails to accept the goods by the delivery date specified or such later date as the Company is able to make delivery, the Purchaser shall pay reasonable storage costs until the Purchaser accepts the goods. The Company shall not be liable for any damage or loss whatsoever arising from any failure to deliver or delay in delivery of the goods, caused by any event beyond the Company’s control.
The Company reserves the right to deliver the goods by instalments and each instalment shall be deemed to be a separate contract subject to the same conditions as the main contract. Should the Company make defective delivery of or fail to deliver one or more instalments this shall not entitle the Purchaser to repudiate the main contract.
Expected delivery times for product that is ex stock.
North Island 2-3 working days from receipt of payment
South Island 4-7 working days from receipt of payment
 

4. Returns / Exchanges

We understand that sometimes you may need to return a product you have purchased from a Machineryhouse store, to assist you, we have set out below the Machineryhouse Returns Policy that you should know.

Our Returns Policy includes the rights you have under the New Zealand Consumer Law and other relevant laws.
Your Rights under the New Zealand Consumer Law - Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1. You shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Ancvra NZ Ltd of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.

2. You shall also afford Ancra NZ Ltd the opportunity to inspect the Goods within a reasonable time following delivery if you believe the Goods are defective in any way.

3. If you shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Ancra NZ Ltd has agreed in writing that you are entitled to reject, Ancra's liability is limited to either (at the Ancra's discretion) replacing the Goods or repairing the Goods.

Returns will only be accepted provided that:
(a) You have complied with the provisions outlined above, and
(b) where the Goods are unable to be repaired, the Goods are returned at your cost within thirty (30) days of the delivery date, and
(c) Ancra NZ Ltd will not be liable for Goods which have not been stored or used in a proper manner, and
(d)the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.

4. Ancra may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs.

5. Where a failure does not amount to a major failure, Ancra is entitled to choose between providing you with a repair, replacement or other suitable remedy.

6. Your rights under the New Zealand Consumer Law are not limited by a defined time. However, the New Zealand Consumer Law does recognise that the relevant time period can vary from product to product, depending on factors such as the nature of the product and the price. Ancra adopts the same approach. As you can appreciate, the type of remedy we can offer you may also vary depending on how long it takes you to return the product to us.

Goods may be returned to Ancra NZ Ltd provided that:
(i). You (the purchaser) must return your goods within 14 days of the intial request.
(ii). A return authorisation is not a credit note, and it is not an agreement for replacement or refund, this will be determined upon the receipt of your goods to the designated Ancra Nz Ltd branch.
(iii). Prior approval or a reference 'return authorisation number' must be provided by Ancra NZ Ltd
(iv). Refunds will only be processed if the goods are returned in original packaging and in a re-sellable condition except where special arrangements have been made.
(v). The buyer is responsible for all freight costs except where special arrangements have been made or goods have been incorrectly supplied.
(vi). All necessary information is supplied by you the purchaser.
(vii). If the above conditions are not met, Ancra Nz Ltd reserves the right, at its own discretion to cancel and dishonour a 'return authorisation' request

5. RISK AND TITLE
(a) The risk in the goods supplied by the seller to the Purchaser shall pass to the Purchaser upon delivery, but the ownership in them shall not pass to the Purchaser until the Purchaser has paid for the same and discharged all outstanding indebtedness to the seller whatsoever, Receipt by the seller of any cheque or other bill of exchange or promissory note shall not be deemed payment or conditional payment until the same has been honoured or cleared and until such time shall not prejudice or affect the seller’s rights, powers or remedies against the Purchaser and/or the goods.

(b) In the event that the Purchaser is not purchasing the goods for the purchaser’s own
use or consumption, then until payment in full of the purchase price and all outstanding


indebtedness has been made, the Purchaser acknowledges and agrees as follows:
I. that the goods supplied are held by the Purchaser as bailee to be sold by it as agent for and on behalf of the seller, 
II. that the Purchaser shall if directed by the seller, store the goods supplied in such a way that it is clear that they are the property of the seller,
III. that the Purchaser hereby irrevocably gives the seller, its agents and servants, leave and licence without the necessity of giving any notice to enter on and into any premises occupied by the Purchaser to search for and remove any of the goods supplied to or in which the seller has ownership as aforesaid without in any way being liable to the Purchaser or any person or company claiming through the Purchaser.

6. WARRANTY
All products manufactured by Ancra New Zealand Limited are warranted to be free from defects in materials or workmanship for a period of 3 (three) months from date of shipment. During this period Ancra New Zealand Limited will at its option repair or replace without charge any products or part thereof found to be defective in material or workmanship. All other products will be covered by the supplier or manufacturer’s warranty. This warranty does not extend to any product which has been subject to abuse, misuse, negligence, accident, alteration or unauthorised repair. Defective products must be returned to Ancra New Zealand Limited, 5a Hunters Park Drive, Three Kings, Auckland 1024 within the above period, transportation prepaid. Ancra New Zealand Limited will bear the cost of return transportation.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ANCRA NEW ZEALAND LIMITED BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF VEHICLE, CARGO OR PROFITS.

7. DEFAULT IN PAYMENT
If the Purchaser defaults in the due payment of the Invoiced price, the Company may
(a) terminate the contract and in this event the Company shall enter upon the premises and take possession of the goods and the Company may resell such goods and apply the proceeds in the abatement of the Invoiced price; or
(b) retain the services of a debt collection agency/attorney to recover the payment and costs incurred in the recovery of the payment shall be for the account of the Purchaser.
 

8. CONTRACT
The terms set out here are the only term conditions and warranties of this Contract, unless otherwise agreed in writing by the parties.
 
 

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