1. Definitions and Interpretation

1.1 In these terms and conditions and in any Contract to which these terms and conditions apply, unless the context otherwise requires:

Company means Stackit Storage Solutions Limited, with company number 1018757, at Rangiora and includes its successors or assigns;

CGA means the Consumer Guarantees Act 1993, as amended from time to time;

Contract means a contract for the supply of Goods by the Company to the Customer, comprised of these Terms and an Order accepted by the Company;

Customer means the customer, or any person acting on behalf and with the authority of the Customer, to purchase the Goods;

Goods means the goods sold or to be sold by the Company to the Customer under a Contract;

Order means an order for the Goods placed by the Customer by any of the following methods:

1.1.1 by ordering online through the Company’s website directly; or

1.1.2 where the Company provides a Proposal, by accepting (in writing or verbally) that Proposal;

Proposal means a written proposal provided by the Company to the Customer for the Company to supply Goods to the Customer;

Specifications means any specifications and/or installation instructions relating to the Goods, which are provided by the Company to the Customer and/or are available at www.stack-it.co.nz;

Terms means these terms and conditions, to be read and construed with each Order accepted by the Company; and

Working Day means a day which is not a Saturday, Sunday or a Public Holiday and on which registered banks are open for general banking business in Christchurch, New Zealand.

1.2 Unless the Company and the Customer otherwise expressly agree in writing, these Terms and the terms as set out in any applicable Order will apply to all sales of Goods and no other terms or conditions will apply.
1.3 These Terms supersede any previous terms agreed to by the parties, and the Customer’s terms of trade.
2. Supply of Goods

2.1 The Company will supply and the Customer will purchase the Goods described in the Order in accordance with these Terms.

2.2 The Company may provide a Proposal to the Customer in respect of the Goods, and the Proposal and any terms contained in it will form a part of the Contract. Any Proposal is only valid for a period of 30 days from the date of the Proposal, or such other date as set out in the Proposal.

2.3 Notwithstanding clause 2.2, any Proposal is valid only while stocks last.
3. Orders

3.1 Each Order is a separate offer by the Customer to purchase the Goods, which the Company may accept or decline at its absolute discretion. An Order will only be binding on the Company once it gives notice to the Customer that it accepts the Order or otherwise dispatches the Goods for delivery. By the Company receiving an Order from the Customer, the parties agree that these Terms will bind both parties and will, together with the Order or other acceptance document, constitute a Contract.

3.2 Without limiting clause 17.5, no other terms and conditions whether oral or written, including, without limitation the Customer’s terms and conditions, whether precedent or subsequent in time will have any force or effect unless specifically agreed to in writing by both parties.

3.3 The Company reserves the right to correct any typographical or clerical errors contained in the prices or specifications in any Proposal or Order.

3.4 Any price contained in a Proposal or Order does not include any subsequent variations or changes requested by the Customer.

3.5 The Goods offered for ordering are subject to availability and while stocks last. If the Company cannot supply the Goods ordered to fulfil a Contract, the Company may without penalty, cancel the Contract.
4. Delivery and Risk

4.1 The Company will deliver the Goods to the Customer, at the Customer’s cost, unless otherwise agreed.
4.2 Any period of time provided for the delivery of Goods by the Company is an estimate only, and the Company will not be liable in any way in respect of any costs or expenses incurred for the late delivery of the Goods.

4.3 Unless otherwise agreed in writing by the parties, risk in the Goods will pass from the Company to the Customer when the Goods are delivered to the Customer.

4.4 Delivery will be deemed to have occurred upon the Company being notified by its carrier that the Goods have been delivered to the Customer.

4.5 If the Customer fails to accept delivery, the Goods will be deemed to have been delivered when the Company was willing to deliver them. The Company may charge storage, transportation costs and all related expenses if the Customer refuses to accept delivery.

4.6 If the Goods are held by the Company on behalf of the Customer, risk is deemed to have passed to the Customer when the Goods would otherwise have been able to be delivered.
5. Ownership

5.1 Until the Company has been paid in full for the Goods::

5.1.1 title in the Goods remains with the Company;

5.1.2 if the Goods or any part of them are sold or disposed of by the Customer, the Customer will be deemed to have done so as agent for the Company and the proceeds of such sale will be held on trust for the Company; and

5.1.3 if required by the Company, the Customer will store the Goods separately to enable them to be identified.

5.2 If the Customer fails to pay for the Goods by the due date for payment, the Company or its agents may, upon giving reasonable notice, enter premises occupied by the Customer to search for and remove any of the Goods supplied by it, without in any way being liable to the Customer or any person claiming through the Customer.

5.3 If the Company takes possession of Goods in accordance with this clause, the Company may sell or dispose of Goods in such manner and generally on such terms and conditions as it sees fit. The Customer will indemnify the Company for any costs incurred by the Company in reclaiming the Goods, including any shortfall incurred by the Company in realising the Goods.
6. Payment

6.1 For Orders made online, the Customer must pay for the Goods on checkout.

6.2 For other Orders:

6.2.1 the Company may invoice the Customer in advance of delivery, or at such other times as the parties may agree;

6.2.2 unless otherwise agreed between the parties in writing, payment will be made to the Company by direct payment into the Company’s notified bank account;

6.2.3 if the Customer does not hold a credit account with the Company, payment will be made to the Company by the Customer on invoice;

6.2.4 if the Customer holds a credit account with the Company, payment will be made to the Company by the Customer on or before the 20th of the month following the month of the date of the invoice; and

6.2.5 payment will be made in full on the due date (including Goods, freight and any GST), without set-off and free of any deductions.

6.3 Unless otherwise specified, all prices in the invoice are in New Zealand Dollars, excluding GST and freight (if any).

6.4 If full payment for the Goods is not made on the due date, then without prejudice to any other remedies available:

6.4.1 the Company may cancel or withhold supply of the Goods;

6.4.2 the Company may charge interest on monies overdue, accruing on a daily basis and to be calculated at the rate of 10% per annum during such default; and

6.4.3 the Customer will be responsible for all costs incurred by the Company in recovering such monies.

6.5 The Company may require that the Customer pay to the Company a deposit of up to 50% of the total purchase price of the Goods to be provided under the Order. Any deposit required by the Company may be on refundable or non-refundable terms.

6.6 The Customer acknowledges that any amounts payable to the Company in respect of the Goods does not include any amounts payable to local or territorial authorities, or the cost of obtaining any relevant producer statements, in respect of the Goods, unless otherwise expressly specified in the Contract.
7. Suitability and Compliance of Goods

7.1 The Customer is responsible for inspecting the Goods on delivery and satisfying itself that the Goods are undamaged.

7.2 The Customer acknowledges that any weight loading capacity of the Goods advised by the Company are indications only. An engineer’s assessment of the Customer’s ground conditions (including seismic location) and the Customer’s configuration of the Goods is required to provide an accurate weight loading capacity. This service is not provided unless specifically requested by the Customer and agreed to in writing with the Company and will be at an additional cost.

7.3 It is the sole responsibility of the Customer to:

7.3.1 satisfy itself as to the condition and quality of the Goods for the Customer’s purposes including performance of the Goods in their ultimate application and working environment and the Customer accepts the Goods on this basis;

7.3.2 ensure that the Goods comply with any safety, fire, health or other regulations applicable to the use of the Customer’s equipment and/or services in its actual working environment and jurisdiction; and

7.3.3 ensure compliance with all relevant local and territorial laws and regulations, including obtaining any consents, approvals or permits required in respect of the Goods and/or use of the Goods, and obtaining appropriate advice in relation to such consents, approvals and permits,
and the Company has no responsibility for, or liability whatsoever in respect of, these matters.