Terms and Conditions of Sale for
Maurie Fussell Ltd

1. Acceptance: All orders received are subject to acceptance by Maurie Fussell Ltd,and such acceptance shall not assume any liability for the suitability of application ofgoods supplied or delivery arrangements.
2. Price: Items appearing in the Maurie Fussell Ltd price list are subject to change withoutnotice. Orders are accepted on the condition that Maurie Fussell Ltd reserves the right toinvoice goods at the prices and terms prevailing at the date of despatch. For individual quotations, prices and deliveries quotes are valid for the period stated, or if no period isstated for thirty (30) days from the date of the tender or quotation.
3. Delivery: Unless otherwise required, goods will be despatched by the best meansavailable. All orders will be subject to freight charges plus GST.
4. Returns: Notification of the intention to return goods must be received within seven (7)days of receipt of goods, and the actual return is to be by agreement with Maurie FussellLtd. In cases where no fault lies with Maurie Fussell Ltd, a restocking fee will becharged and freight costs recovered.
5. Cancellation, Default and Remedy: If the Purchaser repudiates or refuses to accept all orany of the goods other than in circumstances permitted in the original quotation oragreement to supply, or if Maurie Fussell Ltd, terminates the quotation or agreement tosupply, the Purchaser shall be liable for any damage or loss thereby suffered by MaurieFussell Ltd. If the goods have been manufactured specially for the Purchaser, or are inthe process of being so manufactured, the Purchaser shall pay to Maurie Fussell Ltd, asliquidated damages, the total contract price thereof and any costs incurred by MaurieFussell Ltd, less the scrap value of the goods as determined by Maurie Fussell Ltd.
6. Dies and Other Equipment: Any dies, tools and other equipment which Maurie Fussell hasproduced or obtains in order to produce goods shall, unless agreed, to be the propertyof Maurie Fussell Ltd.
7. Patents and Designs: The Purchaser shall accept full responsibility for all claims madeagainst the Purchaser or Maurie Fussell Ltd, that the goods or their method ofmanufacture, or their design infringes any patent or registered design. The Purchasershall indemnify Maurie Fussell Ltd, against all damages, losses or expenses whichMaurie Fussell Ltd may incur arising out of such a claim.
8. Payment: Unless other arrangements are agreed prior to despatch, payment for thegoods is due on the 20th day of the month following the month in which the goods aredespatched. Notwithstanding the above payment shall be strictly net, and without thePurchaser being entitled for any reason to withhold or set off payment for goodsdespatched. Any outstanding payment shall become due immediately upon theoccurrence of any event, giving a creditor the right to appoint a receiver or bringproceedings for liquidation of the Purchaser if a company or constituting an act ofbankruptcy if a person.
9. Guarantees: Unless otherwise specified Maurie Fussell Ltd will only replace defectivematerial free of charge, provided the defects are solely the result of inherently faultymaterial, and that any defects are reported to Maurie Fussell Ltd within seven days fromthe date of delivery. This undertaking is in lieu of and excludes any other conditions,guarantees or warranties expressed or implied by the manufacturer of the product/sconcerned. The Purchaser's attention is drawn to statuary provisions which may applyto this contract. Any rights, remedies, liabilities, conditions, warranties, standards orspecifications which apply to or in respect of any contract arising between the Vendorand the Purchaser under or by virtue of the Fair Trading Act 1986 or any otherenactment of New Zealand thereof affecting such contract and which cannot beexcluded from such contract are deemed to apply to such contract notwithstanding anyinconsistency with these terms. Subject to the aforesaid, no warranties expressed orimplied by law and no representations or statements are binding on the Vendor unlessset out in these terms or expressly incorporated into these terms by writing.
10. Title: Full ownership of and legal title to and ultimate control over all goods supplied byMaurie Fussell Ltd shall remain with Maurie Fussell Ltd until all goods are paid for in fulland all debts owed by the purchaser to Maurie Fussell Ltd have been paid in full.Notwithstanding that the Purchaser has used or dealt with the goods in amanufacturing or assembly process before payment to Maurie Fussell Ltd, MaurieFussell Ltd shall be co-owner of such resulting product/s with the Purchaser to theextent of the unpaid price of Maurie Fussell Ltd goods in such product/s and thePurchaser irrevocably appoints Maurie Fussell Ltd its agent until such payment has beenmade with full power to deal with any interest the Purchaser may have in the product/sAt any time after payment for the goods is overdue in whole or part, or earlier if thePurchaser repudiates the contract under which the goods have been sold, MaurieFussell Ltd may ( without prejudice to any of its rights) -
    (i) retake possession of its said property: and/or
    (ii) take possession of the product/s referred to above: and
    (iii) enter upon the land and into the premises where the same is situated to obtain suchpossession: and
    (iv) sell the same.