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Terms and Conditions

These are the terms and conditions under which W A Stroud Ltd and its subsidiaries sell and quote for the sale of goods. In this document, “the seller” refers to W A Stroud Limited trading as Strouds, and “the buyer” refers to any legal entity purchasing from the seller.

GENERAL

  • When the seller accepts the buyer’s order, these terms and conditions (together with the acceptance) form the entire agreement between the seller and the buyer. It is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract.
  • Specifically:
    • Any condition contained in the buyer’s order that is inconsistent with, qualifies, or is contrary to these conditions will have no effect unless expressly accepted in writing by the seller.
    • Any variation, waiver, or cancellation of the buyer’s order will have no effect unless accepted in writing by the seller. If the seller accepts cancellation, the seller may charge a handling fee of up to 15% of the price.
    • If the buyer and seller agree to a variation in the quantity of goods, the goods will be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

FORMATION OF CONTRACT

  • The seller’s website and advertising only constitute an invitation to purchase.
  • Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions.
  • The seller may or may not accept any buyer’s order for goods that are not held in stock by the seller at the time the order is placed by the buyer.
  • The seller’s acceptance occurs (and the contract is formed) when the goods are despatched to the buyer.

PRODUCT INFORMATION

  • The seller has taken great care in entering product information, descriptions and images online.
  • Modifications and improvements to the seller’s products are continually being made.
  • The seller relies on information from its suppliers and product manufactures.
  • Description, illustrations and literature are therefore not binding on the seller.
  • If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action.

PRICES AND TERMS OF PAYMENT

  • The seller’s prices are in New Zealand dollars, exclusive of GST and do not include delivery/freight.
  • Delivery/freight costs are specified and invoiced at the end of the order.
  • If an obviously incorrect price appears on the Strouds website and is not corrected at checkout at the time of order completion, for whatever reason (human error, technical error etc.), the order will be cancelled and the payment refunded, even if it has been initially validated.
  • Unless otherwise agreed in writing, payment must be made by the buyer before delivery of the goods.
  • If the seller grants credit to the buyer, the buyer must pay all amounts due to the seller by the 20th of the month following the month of the invoice.
  • All payments by the buyer to the seller must be made in full, free of any deduction, setoff, counterclaim, or legal or equitable claim whatsoever.
  • If the seller fails to make any payment due under this agreement by the due date for payment, the seller may, without limiting its other rights in respect of such default:
  1. Stop delivery of the goods;
  2. Charge interest on the amount unpaid at the rate of 15% per annum calculated on a daily basis from the due date for payment until payment in full is received by the seller, such interest being payable by way of liquidated damages and not as a penalty;
  3. Sell the goods at such a price and on such terms as the seller shall determine, in which case the buyer will be liable to pay the seller any difference between the amount received from such sale and the amount payable under this contract.
  4. Charge against the buyer’s credit card the amount of the payment due.

The seller’s prices are subject to alteration without notice, and the price payable by the buyer for the goods ordered will be the price ruling at the date the goods are dispatched for delivery to the buyer, as stated on the invoice.

AVAILABILITY AND DELIVERY​

  • The buyer’s order will be delivered to the address indicated when the order was placed.
  • The seller reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment will not entitle the buyer to repudiate the contract as to any instalments already delivered.
  • If the buyer’s order includes products that are temporarily unavailable, the available products will be sent out first and the outstanding items will follow once they are available again.
  • If a product should become unavailable after the buyer’s order has been confirmed and paid for, the price the buyer paid for the product will be refunded within 30 days following the date of payment.
  • Any quotations of delivery times by the seller are made in good faith but are estimates, and the seller will not be bound by such quotations.
  • The seller does not hold responsibility for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by the buyer, or because of some unforeseen event or force majeure.
  • In the event where the buyer does not receive their package, an investigation will be conducted with the carrier upon receipt of a claim. During this period of investigation, no reimbursement or re-delivery will take place.
  •  

PRODUCT WARRANTY AND LIABILITY​

  • Any goods purchased are subject to manufacturer’s warranties applicable to that item.
  • Any warranty shall not be valid if, having detected a fault, the user continues to operate the equipment.
  • Any warranty does not apply to any part of the goods which have been subject to misuse, neglect, alteration, incorrect installation, accident and to damage caused by transportation, flood, fire or acts of force majeure.
  • Goods returned to the seller shall be delivered at the buyer’s expense.
  • The buyer must ensure that appropriate overload protection is installed when using electrical equipment supplied by the seller.
  • The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
  • The seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment.
  • The above warranty does not extend to parts, materials or equipment not manufactured by the seller, in respect of which the buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the seller.
  • The seller shall not be liable for any indirect or consequential losses or expenses suffered by the buyer, howsoever caused.

RETURNS OF GOODS (UNUSED PRODUCT)

  • Goods supplied by the seller may be accepted for return within 14 days of the date of supply, subject to the following:
    • Goods must be returned, at the buyer’s expense, unused, in their original packaging, into the seller’s North Shore warehouse, 14G Vega Place, Mairangi Bay 0632.
    • The buyer must provide proof of purchase.
    • Acceptance of the goods is conditional on an assessment to determine they are undamaged, and in good working order.
    • Upon acceptance of the return, the buyer will be issued a store credit for the full amount of the purchase price paid, excluding freight. The resulting credit may be used to offset the cost of any future purchase.
    • NO CASH REFUND WILL BE GIVEN.
  • The following purchases are non-returnable:
    • Goods sold on clearance, special offer, close out, made-to-order, non-stocked items, direct import or purchases the seller specifically nominate as “non-returnable”.
  • All sales of goods by the seller, except those used for business purposes, are governed by the provisions of the Consumer Guarantees Act. 

FORCE MAJEURE

The seller shall not be liable for any delay in performing or failure to perform any of its obligations under this contract if the delay or failure was due to any cause beyond its reasonable control, including but not limited to, any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

GOVERNING LAW

This agreement shall be governed by the laws of New Zealand, and any dispute arising from it shall be resolved through the courts of New Zealand.

COMPLIANCE​

The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.

SEVERABILITY​

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in question shall not be affected.

ENTIRE AGREEMENT

These terms and conditions, together with any other documents specifically referred to in them, constitute the entire agreement between the parties and supersede all previous agreements, understandings, and arrangements between them, whether oral or in writing.

[IMAGE] Cross X
Stroud Fluid Transfer and Paint System Specialists

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