Terms and Conditions of Sale for Globelink Limited

  1. The general terms and conditions of sale (“the contract”) apply to all contracts for the sale of products (“products”) entered into between Globelink Limited (“the Seller”) and its customer (“the Buyer”) irrespective of whether a quotation has been given by the Seller.
  2. The Seller is not bound by any terms or conditions contained in any purchase order, purchase form or other similar document the Buyer may deliver the Seller with respect to the purchase of or order for products or otherwise which is at variance to, in derogation from or additional to these general terms and conditions. The Buyer is bound by this contract notwithstanding anything to the contrary in such purchase order, purchase form or other similar document.
  3. To the extent permitted by law, all statutory and other implied conditions or warranties relating to the supply of products by the Seller are negated. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer requires goods from the Seller for purposes of a business in terms of Section 2 and Section 43 of that Act.
  4. Payment for the goods shall be made on the due date being:
    1. Where the customer has an existing account with the Seller which provides that the price shall be paid in full on or before the 20th day of the month following the date of the invoice; or
    2. Where the Seller has specified the price shall be paid in full within seven day following the date of the invoice; or
    3. In full on receipt of delivery of goods
    4. Interest may be charged on any amount owing after the due date at the rate of 12% per month or part month.
    5. Any expenses, disbursements and legal costs incurred by the Seller in the enforcement of any rights contained in the contract shall be paid by the Buyer, including any reasonable solicitors fees or debt collection agency fees.
    6. Receipt of a cheque, bill of exchange or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
  5. Property in products remains vested in the Seller and does not pass to the Buyer until the Buyer has paid the selling price for such products including any sales or goods and services tax and any other taxes, levies or duties. The Seller reserves the right, until the selling price is paid in full for products, to elect to sue for any amount owing by the Buyer, to trace the proceeds of sale of products or to reclaim possession of products for which purpose the Buyer grants the Seller unrestricted right to enter any premises or other property in which products are located for the sole purpose of removing them. Notwithstanding the foregoing, such products are at the risk of the Buyer from the date of delivery.
  6. Subject to clause 7 the selling price for products shall be:
    1. Where a written quotation has been given by the Seller the selling price for products specified in the quotation, which quotation shall be valid for thirty (30) days from the date of issue; or
    2. In any other case, the Seller’s then current selling price for products as at the date of despatch.
  7. The selling price for products whether or not specified in a quotation given by the Seller may be altered at the discretion of the Seller to reflect movements in the cost of supply of the goods that is beyond the control of the Seller, to reflect movements in exchange rates and movements in or the imposition of GST, import duties and other taxes, duties or levies with respect to such products between the date of the contract and delivery of the goods. Unless expressly specified in a quotation given by the Seller, the selling prices for products do not include sales tax or other taxes, duties or levies all of which are payable by the Buyer
  8. The Seller is not liable in any way for delays of failure or inability to supply or deliver caused directly or indirectly by any event or matter whatsoever beyond the Seller’s control or whether due to the Seller’s negligence or otherwise. A delay or failure or inability to supply or deliver shall not be construed as a breach of the contract. Delivery or supply of products shall be subject to such extensions as may be reasonable in the circumstances.
  9. The Seller is not liable for any loss of damage including any consequential loss or damage suffered by or occasioned to the Buyer whatsoever, whether the loss or damage is in any way caused by or attributable to the negligence of the Seller, its servants, agents or contractors or whether the loss or damages caused by or attributable to a failure of or a delay in delivery, the failure of malfunctioning of any products supplied to the Buyer or any defect in the design or specification of such products.
  10. No representation, condition or warranty expressed or implied by law or otherwise applies to goods, except where goods are supplied, pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in writing. The Seller does not provide any warranty that the goods are fit and suitable for the purpose for which they are required by the Buyer and shall not be liable if they are not.
  11. If the Buyer defaults in payment of the selling price for the products of any part thereof by the due date then notwithstanding anything contained in the contract or any other contract between the Seller and the Buyer for the sale of any products and without prejudice to any other rights of the Seller all moneys due and payable under any contract whatsoever between the Seller and the Buyer for the sale of any products shall at the option of the Seller become immediately due and payable.
  12. Alternations or additions to these general terms and conditions are of no effect unless in writing and signed by the Seller and the Buyer.
  13. The law of New Zealand shall apply to this contract. The Seller may register a security interest under the Personal Property Securities Act.
  14. The Buyer shall not assign all or any of its rights or obligations under this contract without the written consent of the Seller.
  15. Failure by the Seller to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations the Seller has under this contract.
  16. Each provision of this contract is severable. If a court determines that any such provision is unenforceable, illegal or void then the court may sever that provision which becomes inoperative and such act will not affect the remaining provisions of the contract.
  17. The Seller may charge the Buyer a “Small order processing fee” to process orders below a certain value.  The Seller can vary this fee and the threshold value at its sole discretion.  The Seller has set the minimum value for orders at $200.  Below this amount, the Seller can charge the Buyer $10.