- Anzor Fasteners Limited (“Anzor”) and the customer accept that placement by the customer of any order with Anzor is an acknowledgment and acceptance by the customer that the contract between the customer and Anzor is to the extent permitted by law on the terms and conditions contained in these Conditions of Trade and the customer will be bound by these;
- These terms and conditions shall constitute the entire terms and conditions of a contract with Anzor. All other conditions, terms, and any warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise and whether express or implied by law, trade, custom or otherwise and any customer’s own terms and conditions (not agreed to in writing by Anzor) are expressly excluded.
- The customer includes all the customer’s employees, contractors, sub-contractors, agents, and any authorised by the customer to use the account.
- Unless otherwise agreed payment is due on the 20th of the month following receipt of goods.
- Without prejudice to its rights to sue for payment or exercise any other remedy where any payment is not made on the due date Anzor may:
- The customer agrees that if the customer defaults in paying any account the customer shall pay on demand all costs, charges and legal expenses (including costs between solicitor and own client) and including any collection costs incurred by Anzor in recovering payment from the customer.
- Prices shown are exclusive of GST.
- Unless otherwise advised prices quoted are on an “ex warehouse” basis and freight charges are in addition to any price for goods.
- Prices shown in the standard catalogue are the retail prices and a trade discount is available. The trade discount may however be rescinded at the suppliers option for late payment. POA – Price on Application.
- Anzor’s prices are subject to alteration without notice and the price payable by the customer for the goods ordered shall be the price agreed to between Anzor and the customer or in the absence of such agreement the price prevailing at the date the goods are despatched. The customer should confirm prices before ordering.
- The customer must notify Anzor if the customer does not receive any order within 7 working days of the order being given by the customer to Anzor. This is to enable Anzor to re-supply the order and contact the freight company concerned in order to process a claim within the courier’s claim period. If the customer fails to give notice within such period then Anzor may require the customer to pay for the goods even if the goods have not been received by the customer;
- Where Anzor acknowledges an order which provides for delivery by instalments Anzor shall be entitled to payment for each instalment delivered (as if it were a separate contract) and failure to deliver any instalment shall not entitle the customer to repudiate the contract as to any instalments already delivered or any remaining instalments;
- Any delivery times provided by Anzor are estimates made in good faith and are not a commitment or a binding contract to deliver by aspecified time and Anzor is not bound by such estimates;
- If Anzor requests information and the customer does not provide or delays that information or that information is incomplete and/or inaccurate then the customer accepts that the delivery of goods may be delayed and/or not completed or not achieved.
- If the customer fails or refuses or indicates to Anzor that the customer will fail or refuse to take or accept delivery, the goods shall be deemed delivered when Anzor was willing to deliver them;
- Anzor may withhold delivery at any time for any reason;
- Proof of delivery will not be required from Anzor more than 60 days after the date of invoicing.
- Anzor shall not be liable to the customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to deliver goods whether such delay or failure is caused directly or indirectly by Anzor for any reason beyond its control, or by an act of god, fire, armed conflict, labour dispute, civil commotion or intervention of government or otherwise.
- Goods will only be accepted for credit if returned in accordance with these conditions and are returned within 14 days of date of delivery accompanied by a request for credit quoting the original invoice/packing slip number, the purchase order number, date and reason for return.
- Returns are subject to inspection and approval and will attract a handling and restocking charge.Freight will be at the expense of the customer unless the goods were supplied incorrectly.
- No credit will be allowed for:-
6. WARRANTIES AND LIMITATION OF LIABILITY
- Anzor does not warrant that any goods are fit for a particular purpose;
- Unless specifically agreed in writing by Anzor, to the extent permitted by law, for all goods supplied by Anzor:
7. INSPECTION BY CUSTOMER
The customer will open and check all goods supplied and report any alleged discrepancy with details of the invoice number and specifics of the claim, in writing within 7 days of the date of delivery. Any claims made outside this time will not be accepted for credit.
8. RETENTION OF TITLE
- Ownership and title to the goods shall not pass to the customer until Anzor has received payment in full of all monies owing by the customer to Anzor;
- Risk of any loss, damage or deterioration of the goods shall pass to the customer on delivery of the goods to the customer’s premises.
- The customer acknowledges that until title to the goods passes to the customer in accordance with this clause:
9. REPRESENTATION OF PRODUCT IN CATALOGUE AND OTHER INFORMATION
While the information (including product pictures) in the Anzor catalogue endeavours to be accurate, specific details/features may vary from that which is represented. If your specifications are critical, please ask for clarification. Anzor will not be liable in the case where loss arises as a result of goods being different from that which is represented in the Anzor catalogue and other information.
10. SUITABILITY FOR USE IS CUSTOMER’S RESPONSIBILITY
Any advice provided by Anzor and/or its staff including recommendations and/or suggested alternatives does not imply or constitute or warrant the suitability of an item of goods for a particular application or purpose or a guarantee of performance or legal compliance, and to the extent permitted by law, Anzor will not be liable for any loss or damage suffered by the customer which arises as a result of any advice from Anzor to the customer. The customer is solely responsible for the selection of an item of goods and by purchasing the customer agrees it is satisfied as to the suitability of an item of goods and its use.
11. SUPPLY OF STAINLESS STEEL GRADES
- Most manufacturers will manufacture in a stainless steel that is very close to 304 in composition but which may have certain small differences to enhance ease of production. Such grades are AISI 302HQ and AISI 305 and Anzor may at its option supply these as a substitute for 304 without prior notification.
- Due allowance shall be made by the customer for variations as a result of manufacturer’s tolerances and Anzor does not accept any liability for such variations.
12. NO WARRANTY AGAINST CORROSION
While Anzor’s goods are made from high quality materials designed to be resistant to corrosive environments, unless expressly stated, Anzor does not offer any warranties regarding its good’s resistance to corrosion.
By accepting these conditions and any guarantee the customer and any guarantor agree and authorise Anzor to:
- Obtain from any person or company any information (including credit information) that Anzor may require for the purpose of, or as the result of any sales by Anzor; and
- Disclose to any third party details of theseconditions (including any credit application) and any subsequent dealings including any defaults and payments which are more than 30 days overdue.
14. GUARANTEE AND INDEMNITY
Any guarantors agree that:
- Each guarantor personally jointly and severally guarantees payment to Anzor of all and any sums owed by the customer to Anzor pursuant to these conditions including all payments due pursuant to the above condition 1; and
- These conditions bind any guarantor;
- No granting of time waiver or indulgence to the customer or failure to recover from the customer shall release any guarantor; and
- As between any guarantor and Anzor each and every guarantor shall be deemed to be a principal debtor and indemnifies Anzor for any loss suffered and all sums payable to Anzor.
- The person signing this application on behalf of the customer accepts full personal liability and guarantees payment by the customer. If the customer fails to make any payment or do any other thing that results in the vendor suffering loss the person signing on behalf of the customer agrees to pay all sums due and owing to Anzor.
15. SECURITY AND THE PERSONAL PROPERTY SECURITIES ACT 1999
- Immediately upon signing any application for credit, the customer grants and creates in favour of Anzor:
- The customer agrees:
- To the extent permitted by law and so far as permitted by s107 of the PPS Act by these conditions:
- The customer indemnifies Anzor for any claims (including legal costs) against Anzor including any claims as a result of any default by the customer, for Anzor’s repossession and retention and any attempts to repossess retain or enforce Anzor’s rights in relation to goods supplied by Anzor and for any claims brought by any third party.
- The customer acknowledges that Anzor may allocate any monies it receives from the customer towards debts, charges and expenses (including legal costs incurred by Anzor) in any priority Anzor determines to maintain the PMSI in goods supplied by Anzor.
Service may be affected by either party, by leaving documents at the registered office or the other party's last known address or last known delivery address or by post by registered letter addressed to that party at any such address or by delivering any document to any person who is named on any public register or as a director. If a party changes its address it shall notify the other party of the change of address and until it does so service may be validly affected at the last address as known in accordance with this clause,
17. GENERAL MATTERS
The customer shall do all things necessary including sign all documents and provide all information necessary to provide Anzor with any rights and security referred to in these conditions and to give effect to and protect Anzor's rights under these conditions.