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BSN Online Terms & Conditions

1. Definitions
1.1 “Seller” referred to herewith refers to Business Solutions Northland
1.2 “Buyer” shall mean the Buyer or any person acting on behalf and with the authority of the Buyer.
1.3 “Goods” shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are Goods supplied by the Seller to the Buyer (and where the context permits shall include any supply of Services as hereinafter defined).
1.4 “Services” shall mean all services supplied by the Seller to the Buyer and includes and advice of recommendations (and where in context so permit shall include any supply of goods as defined supra).
1.5 “Price” shall mean the cost of Goods as agreed between the Seller and the Buyer.

2. Acceptance
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.
2.3 Acceptance is deemed binding whether it be received via email, fax or by written letter.

3. Goods
3.1 The Goods shall be as described on the invoices, quotation, and authority to supply or any other sales forms as provided by the Seller to the Buyer.
3.2 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that the Price shall be adjusted pro rata to the discrepancy.

4. Price and Payment
4.1 At the Sellers sole discretion;
(a) The Price shall be as indicated on invoices provided by the seller to the buyer in respect of goods supplied; or
(b) The Price of the Goods shall be the Sellers quoted price which shall be binding upon the seller provided that the Buyer shall accept the Seller’s quote within one calendar month.
4.2 Once the Buyer has accepted the quoted price, the buyer shall make payment in full via invoice by the 20th of the month following invoice dates. Or by eftpos/credit card by coming into BSN premises located at 23 Water St, Whangarei.
4.3 In using the Seller’s Email/Online quoting system the Buyer represents and warrants that he/she is over 18 years of age and has authority to purchase these products on behalf of the Buyer.
4.4 Please refer to standard BSN terms and conditions of sale for specific information on the default of business accounts and Consequences of Default.

5. Delivery of Goods
5.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make arrangements necessary to take deliver of the Goods whenever they are tendered for delivery.
5.2 Freight and handling fees incurred by the Seller to complete deliver to the Buyer, are chargeable to the Buyer unless otherwise stated. If special request is made by the buyer for urgent delivery, these costs will be charged to the Buyer.
5.3 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.4 The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Goods promptly or at all.
5.5 Notwithstanding that the seller may have delayed or failed to deliver the Goods promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within one month of the delivery date.

6. Defects
6.1 The Buyer shall inspect the Goods on delivery and shall within fourteen (14) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to company with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

7. Return of Goods

7.1 The Buyer may return Goods within seven (7) days of delivery, at the sole discretion of the Seller. Goods must be returned with the following in as new condition:
(a) All packaging material and brochures must be in as new condition and un-marked.
(b) All instruction manuals must be returned with the Goods.
7.2 The Seller may (in its discretion) accept the Goods for credit.
7.3 If at the Sellers sole discretion any Goods have been opened, packaging damaged or marked, then the Seller reserves the right to refuse acceptance of the Goods for return.

8. Warranty

8.1 The Seller shall not be liable to repair any defective Goods and at its own discretion may:
(a) notify the manufacturers of the Goods of any defect notified by the Buyer; and
(b) request the manufacturers to repair or replace any defective Goods.

9. Consumer Guarantees Act 1993
9.1 This agreement is subject, in all cases except where the Buyer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.

10. General
10.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity of existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.2 All Goods and Services supplied by the Seller are subject to the laws of New Zealand and the Seller takes no responsibility for changes in the law which affects the Goods and Services supplied.
10.3 The Seller shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense suffered by the Buyer arising out of a breach of the Seller of these terms and conditions.
10.4 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Buyer of such a change.
10.5 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the price of the Goods.
10.6 Unless otherwise indicated all quoted prices are exclusive of GST.