Account Terms and Conditions
CREDIT ACCOUNT TERMS & CONDITIONS
By ticking the box on the Goldpine credit account application form you:
- confirm that all information provided to Goldpine is true and correct.
- confirm that no information has been withheld that may be relevant to Goldpine’s consideration of this application for credit.
- understand that Goldpine are asking you for personal information about you so as to use a credit reporting agency’s reporting service and any other sources Goldpine considers appropriate to credit check you, to assist Goldpine in making a decision regarding your credit application.
- (a) The credit reporting agency will give Goldpine information about me/us for that purpose.
- (b) Goldpine will give your personal information to the credit reporting agency, and the credit reporting agency will hold that information on their systems
and use it to provide their credit reporting service.
- (c) When other credit reporting agency customers use the same service, then the agency may give the information to those customers.
- (d) Goldpine may use the credit reporting agency’s services in the future for purposes related to the provision of credit to you. This may include monitoring
services to receive updates if any of the information held about you changes.
- (e) If you default in your payment obligations to Goldpine, information about the default may be given to any credit reporting agency, and the agency may
give this information to other credit reporting agency customers.
• authorise Goldpine to obtain information from and release details of this credit account application form and your personal information to trade referees, the Personal Property Security Register and any other third party for the purpose of determining creditworthiness or the collections of monies owed, including (where you are an individual) for the purposes of the Privacy Act 1993.
STANDARD TERMS OF SALE
All goods and services supplied by Goldpine Industries Limited (“Goldpine”, “we”, “us” or “our”) to the Customer (“the Customer”, “you” or “your”) are supplied on the basis set out in these terms.
1. TERMS OF PAYMENT
- 1. For account purchases, the balance of the purchase price is to be paid by the 20th of the month following invoice unless special terms of payment have been agreed in writing (Credit Cards or Trade Cards are not accepted). You may not withhold payment or make any deductions from amounts owing without our prior written consent. Goldpine may allocate any payment made by or on behalf of the Customer as Goldpine sees fit. The Customer waives any right to receive notification of that allocation.
- 2. For all payment types other than through a Goldpine account, payment must be made before goods can leave Goldpine premises or be dispatched.
- 3. Errors or omissions made by us in any pricing, quoting or invoicing are subject to correction by us.
- 4. Deposits received by us from you are non-refundable on cancellation of the order. However, orders may be cancelled with full refund of monies paid for such
goods when goods have not been delivered by us after three months have elapsed past the estimated delivery date. A minimum deposit payment of 10% of
quoted price is required for acceptance of a Kitset Shed.
- 5. Without prejudice to any other rights, we may set off any debts or liabilities of you to us against any monies payable by us to you.
- 1. Any time stated for delivery is an estimate only and Goldpine is not liable for any delay in delivery however caused.
- 2. Goldpine reserves the right to not deliver goods when there is insufficient credit facility on your account to invoice the order.
- 3. Delivery of all goods will be deemed to be completed upon collection of the goods by you, or delivery of the goods to you or to a carrier nominated by you (as
3. RISK AND OWNERSHIP
- 1. Risk in respect of all goods passes to you when delivery of the goods is deemed to have been completed under clause2.3.
- 2. Ownership of all goods remains with Goldpine until payment is received in full in respect of those goods.
- 3. While under Goldpine ownership, Goldpine representatives may enter the premises where the goods are stored at any time and remove them. Goldpine
will not be responsible for any loss, damage or costs which arise as a result of such entry and repossession. Goldpine may resell the goods to recover any outstanding debt owed by you.
- 1. We may at our discretion accept returns. All returns must be made within seven days of delivery or such longer term as we may agree in writing.
- 2. We will only accept returned goods which are part of our usual stock in trade and not custom made for the Customer, and only if the following conditions are met: (i) The goods are in the same repair and condition as when supplied (ii) The invoice for the goods is produced or identified (iii) The Customer shall pay all costs in relation to the return of the goods.
5. WARRANTIES AND LIABILITY
- 1. Where the goods are being acquired for the purpose of a business, the statutory guarantees under the Consumers Guarantees Act 1993 do not apply to the contract. In the event those statutory guarantees apply to the contract, these terms will be interpreted subject to the Consumer Guarantees Act 1993.
- 2. Defective goods or goods that do not comply with the contract will at our discretion be repaired or replaced, or the price refunded at our option. Goldpine’s liability in respect of all goods and services is limited to this repair, replacement or refund, and Goldpine will not be liable (whether in contract, tort or otherwise) in respect of any other loss, injury or damage suffered by you, howsoever arising.
- 3. Without limiting clause 5.2, any liability that Goldpine may have in respect of goods and services supplied to you shall nevertheless be limited to the price of the goods or services under the relevant invoice to which the goods or services giving rise to a claim relate.
- 4. Any right that you may have to reject non-conforming or defective goods or services shall only be effective if you notify us in writing within 30 days following delivery or performance and we are given the opportunity to inspect the goods or the site where the services were performed (as relevant). You agree to return any such goods at your expense.
- 5. Except for any written warranties given by us to you, all warranties and representations (including those expressed or implied by law) in respect of goods and services supplied are excluded to the fullest extent permitted by law.
- 1. If you do not pay the balance of the purchase price by the due date, default interest will be payable by you at a rate of 5% per annum above the overdraft rate from time to time charged by Goldpine’s bank, calculated on a daily basis on the unpaid proportion of the price from the due date until payment is made in full, both before and after judgement.
- 2. In the event of payment not being made by the due date Goldpine shall be entitled to take all or any of the following steps without prejudice to any other right or remedy: (i) Suspend or terminate the contract (without prejudice to any party’s rights or liabilities which accrued prior to suspension or termination) (ii) Take such steps as it considers necessary to recover outstanding amounts (iii) Recover from the Customer any discount given on the unpaid goods or services.
We are entitled to recover from you all legal and other costs incurred by Goldpine arising from the collection of the outstanding amount owing, or late payment, non-payment or other breach of these terms by you.
- 1. The Customer acknowledges that through its acceptance of these terms, the Customer grants a security interest (by virtue of the retention of title set out in these terms) to Goldpine in all goods supplied by Goldpine to the Customer. If the goods are priced over $2000 we may require a separate Purchase Security Agreement (PSA) to be completed and registered before the goods are supplied. We may take possession of the goods to perfect or re-perfect our security interest. You agree to provide all information and assistance to allow Goldpine to register, maintain and enforce its security interest.
- 2. Goldpine may refuse at any time and without reason to sell goods on credit to the Customer.
- 3. Goldpine may from time to time amend these terms and conditions by positing to the address for service of the Customer a written set of these amended
terms. The Customer and any Guarantors agree that the amended terms shall be effective upon posting and are deemed accepted by the Customer and any
Guarantors by the Customer placing any order after the date of posting.
- 4. The United Nations Convention on Contracts for the International Sale of Goods does not apply to, and is expressly excluded from, these terms.
TERMS RELEVANT TO THE SUPPLY OF KITSET SHEDS AND/OR CONSTRUCTION OF BUILDINGS
Where we agree to supply kitset sheds and/or construct a shed or other building for you, the following terms also apply.
8. PATENTS, COPYRIGHT AND TECHNICAL INFORMATION
- 1. Ownership of all intellectual property rights in all drawings, specifications and other technical information provided or used by us in connection with the contract is vested exclusively in us.
- 2. Any technical information or knowledge at any time transmitted either orally or in writing by Goldpine to you will remain Goldpine’s exclusive property and will be treated confidentially by you. None of this information may be re sold, transferred or divulged to any party by you or on your behalf without our written consent.
- 3. If requested by Goldpine, you must promptly return any information, samples, literature or promotional material supplied by or on behalf of Goldpine to you.
- 1. Delivery of the kitset shed and/or building must be available to be taken within 2 months of order confirmation. If delivery is not available to be taken within this time, Goldpine reserves the right to re-price the kitset shed and/or building order.
10. MATERIAL SUPPLIED
- 1. We will supply plans, specifications, producer statement, H5 treated poles, H3 treated rafters, purlins, girts, roofing and flashings (if requested), cladding as specified, all fixings required, spouting if specified, and delivery to site (within a 30km radius of Goldpine premises).
11. BUILDING (if contracted by Goldpine)
- 1. The building will remain insured through Goldpine until completion and it is handed over to you.
- 2. During the construction process, the building site will remain a hazard site and will not be used by you or your employees, agents or contractors, until
completed and handed to you. You must ensure that you comply with all of our health and safety requirements in respect of the site.
- 3. You will supply at your expense: suitable access to building site at all times, all necessary amenities, safe storage on site.
- 4. Construction will include foundation holes and footings but does not include: site works, storm water disposal, building consents or fees, changes from the
plans or extra materials (which must be obtained or arranged at your sole expense).