Terms and Conditions of Trading Agreement
Shoof International Ltd (Effective 01 January 2020)
These terms of trade apply to all our Sale of Goods contracts. Any order placed with us constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with us (including an order) are hereby objected to and will not bind us unless we agree in writing. No salesperson, representative or agent is authorised by us to give any guarantee, warranty or representation in addition to, or contrary to these conditions. In any event, acceptance of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
PRICES
All trade prices quoted are net and exclusive of GST. All retail prices are gross and inclusive of GST. All prices are subject to change without notice. Goods will be billed at the prices ruling at the time of invoicing.
PAYMENT
Upon confirmation of order, we will provide a Proforma Invoice confirming availability of stock. Upon receiving the Proforma Invoice, Cash in Advance (CIA) payments can be made via Visa, Mastercard or bank deposit. Once payment has been received in full by Shoof International Ltd, goods will be dispatched.
DELIVERY
We shall deliver the Goods to the address stated on the customer's account or as agreed by us in writing. We shall deliver the Goods by such carrier and such form of transport we consider to be appropriate. Where the Customer specifies the carrier and the means of carriage, we shall deliver the Goods in the way specified, with any additional cost of such carriage being an additional charge to the invoiced price of the Goods. We will not be responsible for any part delivery or delay in deliver of the Goods as a result of events occurring beyond our control. We shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
RETURN OF GOODS POLICY
- Request for the return of Goods, except those for Stock Exchange, must be raised by the Customer contacting Shoof Customer Service on 0800 800 801 or by emailingSales@shoof.co.nzwith the invoice number on which the returning Goods were purchased. Shoof reserves the right to reject any requests for the return of Goods or credit thereof.
- For requests to return Goods for Stock Exchange, the Customer is to contact their Shoof Area Manager. Refer to Shoof Stock Exchange Policy.
- Shoof Area Managers are not authorised to collect Goods on the Customers behalf return to Shoof.
- Request for the return of Goods must be raised by the Customer within twenty one days of receiving goods, –
- including any request for the return of Goods which were, –
- purchases on approval,
- incorrectly ordered by the Customer,
- incorrectly supplied by Shoof,
- damaged or lost by the carrier,
- deemed not suitable for use by the Customer,
- being received faulty or damaged,
- Exception for the return of Goods within the twenty one day period for –
- Stock Exchange - as per Shoof Stock Exchange Policy,
- Goods failing after a reasonable time and normal use.
- Once the request for the return of Goods has been raised, the customer will receive a Returns Number. This reference number is given to aid in tracking the request for the return of Goods. Shoof may require further information and inspection of the Goods in the process of assessment for credit. The receiving of a Returns Number is not acceptance for the item to be credited.
- All return of Goods to Shoof is to be accompanied by a completed Product Return Form. A copy of the form is supplied with each order. Additional forms can be supplied by Shoof on the Customers request. Any Goods sent to Shoof without a completed Product Return Form will be entirely at the risk of the Customer.
- Shoof will not be held responsible for any delay as a result of a non-included or incomplete Product Returns Form.
- Any return of Goods is at the Customer's cost, except for Goods supplied incorrectly by Shoof.
- No credit will be given for the return of Goods if Shoof has requested the Goods be returned to Shoof, and the Customer fails to return the Goods to Shoof.
- Any Goods approved for credit by Shoof will be credited at the original value invoiced. Additional delivery or Admin charges will not be credited, excluding those Goods returned for being –
- incorrectly supplied by Shoof,
- damaged or lost by the carrier, or
- Faulty or failed after a reasonable time and normal use.
- Goods discontinued by Shoof, or indent lines ordered specifically by Shoof for a Customer will not be accepted for any return, except for Goods received faulty or failed after a reasonable time and normal use.
- For any Goods returned to Shoof for credit, except for those failed or faulty, received in an unsaleable state, not in the original packaging or with packaging not being in a resaleable state, Shoof reserves the right to charge a repackaging fee of $10, or 10% the invoiced value of the Goods, whichever is the greater.
PRODUCTS FOR SERVICE AND REPAIR
Any product returned for service or repair must be delivered to Shoof premises at the customer's cost.
Any repair or service item returned at Shoof cost will have the cost of both the inwards and outwards delivery charged along with the cost of the service or repair.
INTELLECTUAL PROPERTY RIGHTS
The Customer will not use, reproduce, license, sell, release or modify (including via any internet site) any images, graphics, photographs or other copyright works supplied by Shoof, without the prior written consent of Shoof.
PRIVACY ACT
The Customer authorises Shoof to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes:
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assessing the Customer's creditworthiness
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disclosing to a third party details of this application, and any subsequent dealings that party have with Shoof, for the purpose of recovering amounts payable by the Customer, and for providing credit references
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operation of normal business activities by Shoof International Ltd
The Customer, if an individual, has a right of access to information about the Customer held by Shoof. The Customer may request correction of that information and may require that the request be stored with that information. Shoof may charge reasonable costs for providing access to that information.
CUSTOMER'S LIABILITY & DEFAULT
If the Customer shall:
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fail to make any payment due under the contract or commit any other breach of any of the Customer's obligations under the contract; or
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suffer execution under judgement; or
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commit an act of bankruptcy; or
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make any composition or arrangement with any creditor; or
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being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it;
Shoof (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the Purchase Price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right we may otherwise possess.
GOVERNING LAW
These terms of trade are governed by the laws of New Zealand. Shoof and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms of trade.
VARIATION
These stated terms of trade may be varied by notice in writing from an office of Shoof only.