Terms of Trade

 

Terms and Conditions of Website use
General Terms and Conditions of Sale
Delivery
Privacy
 

Terms and Conditions of Website Use


Definitions
Farrell Bearings Limited  - A New Zealand based company supplying bearings and related products (herein referred to as “FBL”, "us", or "we")
Customer - Any person or business purchasing products from FBL  (herein referred to as “you” or “your”)
www.farrellbearings.co.nz (herein referred to as “our site”)

Terms and Conditions
The generation and forwarding of an order by you using our site constitutes an offer to purchase products from FBL. All orders are subject to acceptance by FBL, and are otherwise subject to our general terms and conditions of sale.
The display of products and prices on our site does not constitute an offer by us to unconditionally supply the products at displayed prices. All products and prices shown are indicative only, and are subject to product availability and price changes. All prices are shown as GST exclusive. GST will be added to the prices and displayed on the order prior to order submission to FBL.
The information in our site is supplied on the condition that any person accessing or using the information will make his or her own determination as to the accuracy and usefulness of the information. We will make reasonable effort to ensure the accuracy of any information contained in our site but exclude all responsibility or liability for or arising out of any inaccuracies or omissions which appear on our site. You rely on the information contained in our site at your own risk.
Your login details are confidential information and must not be disclosed to, or used by, any person except for those employees of your business with a "need to know" for the purposes of placing orders with us. We accept no liability for your security breaches, unauthorised use of your account, fraud, forgery or mistaken or unauthorised orders or payments.
No copying, modification or distribution of confidential information contained in our site is permitted without our prior written consent.
Access to our site may be terminated at any time by us.
We reserve the right to make any changes to the information contained in and the layout of our site, including changes to our product range, ordering mechanisms and ordering terms.
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Privacy
All personal information collected and stored by us as a result of your use of our site is used only for the purposes of facilitating our relationship with you. It is not disclosed to any third party except where you have specifically authorised disclosure.
Related section: use of information
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General Terms and Conditions of Sale


Definitions
Farrell Bearings Limited (herein referred to as “FBL”, "us", or "we")
Customer (herein referred to as “you” or “your”)
www.farrellbearings.co.nz (herein referred to as “our site”)

Agreement & Acceptance
FBL agrees to sell and you agree to purchase the goods ordered through FBL. By placing an order for goods with FBL you are deemed to accept the FBL terms and conditions of sale.

Price
The purchase price is for goods supplied and packed, and is exclusive of any installation and maintenance.

The price you pay will be increased by the amount of GST, other taxes and duties which may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price).

FBL can revise prices at any time prior to accepting your order. You will be notified of any revisions at order confirmation.

Purchase prices are given in New Zealand dollars unless otherwise stated.
Where no price is stated in writing or agreed to orally the products shall be deemed to be sold at the current amount as such products are sold by us at the time of the contract.

Once we accept your order, you are bound to pay us the price stated. You undertake to pay the account in full on or before the due date (refer payment)

Quotation
Unless otherwise agreed, quotations made by us will be valid for thirty days from the date of issue and will be exclusive of GST unless otherwise specifically stated.
Quotations will not apply to any additional products required and may be altered due to circumstances beyond our control.
A quotation does not give rise to a binding contract until you place an order which we subsequently accept.

Payment
Payment is required in advance by accepted credit card where the purchaser does not have a pre approved trade credit account.

Trade Credit Account Holders
Payment is due by the 20th of the month following the date of invoice for approved trade account holders. We can alter the terms of payment with effect from the date that we notify you of such change.

We can impose a credit limit on you at any time, and alter it at our discretion with effect from the date that we notify you of such change. If you exceed your credit limit, we can refuse to supply goods to you.

If at any time we consider your credit worthiness to be unsatisfactory we can require security for payment.

You cannot withhold payment or make any deductions from any amount you owe us without our prior written consent.
If you do not pay the price by the due date, we may charge a penalty at a rate of 2.5% per month calculated on a daily basis on the unpaid portion of the price from the due date until payment in full, plus any GST.

You will, on demand, pay to us any amount we incur (including solicitors' and collection agency costs, court costs and disbursements) in recovering payment from you of any overdue account.

If an Event of Default occurs, we may suspend or terminate any contract with you and all amounts you owe us shall immediately become due and payable notwithstanding that the due date has not arisen.

An "Event of Default" is an event where:
o you fail to comply with the terms of any contract with us; or
o you commit an act of bankruptcy; or
o you enter into any composition or arrangement with your creditors; or
o if you are a company:
- you do anything which would make you liable to be put into liquidation; or
- a resolution is passed or an application is made for liquidation; or
- a receiver or statutory manager is appointed over all or any of your assets.
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Delivery
Where we agree to transport the goods to a specified location, we will deliver, or arrange delivery of, the goods to that location. Except where otherwise agreed, you will pay for all resulting transportation costs.
Delivery of goods is deemed to have been made and become the purchaser’s risk as soon as they leave our premises.

We can deliver the goods in instalments, and each instalment shall be treated as a separate contract.

Any time stated for delivery is an estimate only. No claim shall be made by you on account of late shipment, or delivery however caused.
Click here to view our web order delivery information

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Risk and ownership
Risk of any loss, damage or deterioration of or to the goods passes to you on dispatch from our premises.
Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms. If such goods are sold by you prior to payment therefore and if they shall become constituents of any other goods then the proceeds of sale thereof shall be our property.

While ownership of the goods remains with us:
o You must store them separately or clearly identify them as belonging to us.
o We authorise you in the ordinary course of your business to use the goods or sell them for full consideration.
This authority is revoked from the earlier of the following:
1. we deem your credit to be unsatisfactory;
2. the occurrence of an Event of Default; or
3. the time that we notify you in writing that this authority is revoked.
We can enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so. We can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us.

If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.

We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.

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Guarantees
Where the Consumer Guarantees Act 1993 ("Act") applies:
o If the goods are acquired by you for business purposes you agree that the Act does not apply.
o If you on-supply goods you must:
- Do so on the basis that the Act does not apply where the goods are on-supplied for business purposes; and
- Notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
- You acknowledge that no Express Guarantees (as defined in the Act) are provided.
- If a claim is made directly against us by a consumer under the Act then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Act.
o Nothing in these terms is intended to have the effect of contracting out of the provisions of the Act except to the extent permitted by the Act.
o Except as otherwise required or prevented by law or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature (including fitness for purpose) are completely excluded.


Repairs and Replacements
We do not undertake that repair facilities and parts will be available for the goods. We will not be liable to repair or replace any defective goods and at our own discretion we may:
o   Notify the manufacturer of the goods of any defect notified by you; and
o Request the manufacturer to repair or replace any defective goods.

Use of information
You agree that we (or other members of our group of companies) may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.

You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.

You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us or our group of companies (If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you).

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Liability
We shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.
Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on FBL for any reason, any claim against us is to be limited to the invoice value of the goods and liability for consequential damage is excluded. All claims and disputes are to be made to us within fourteen (14) days.
The company shall not be responsible for any damage whatsoever caused in the event that the products are fitted, serviced or operated incorrectly, or if such products are in any way adapted to a use for which they are not intended.
If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our control, then we are released from our obligations under this agreement.

Indemnity
You hereby indemnify and will keep us indemnified against all obligations and liabilities incurred by an act or omission by you in relation to this agreement.

Cancellation
We have the right to cancel this agreement (without prejudice to any of its rights) immediately upon any of the following events:
a. If you cease or threaten to cease to carry on business; or
b. If a receiver or similar officer is appointed in respect of all or any assets belonging to you, or you are unable to pay your debts when they fall due, enter into a scheme with your creditors or any steps are taken to place you into liquidation; or
c. If you commit a breach of this agreement and the breach is not remedied within 14 days of notification of the breach by us.

Upon termination we will be entitled to repossess and resell any unpaid goods within the terms of risk and ownership. Termination shall not relieve you from any liability or responsibility that has arisen before the date of termination.

Other agreements
These terms apply to all transactions where we supply goods to you.

This agreement supersedes the terms of all prior agreements, understandings, representations or warranties previously given by us or any agent of FBL in respect of goods.

If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.

If at any time any provision of this agreement becomes illegal, invalid or unenforceable neither the legal validity nor enforceability of the remaining provisions shall in any way be affected or impaired.

Waiver
If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.

Assignment
You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.

Governing law
This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.

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