Terms & Conditions of Sale

  1. Goods are ordered subject to acceptance by Time for Kids Limited (TFK). Once accepted orders can not be cancelled.
  2. Delivery dates are estimates only.  TFK will not accept any liability for any loss/damage/delays incurred by the Customer due to events outside the control of the company suppliers or sub-contractors.
  3. All prices are stated ex warehouse (Auckland).  Freight costs are to the Customers account and at Customer’s risk. TFK reserves the right to change the price of Goods at any time prior to payment in full.  Unless otherwise stated, all prices are stated exclusive of GST which shall be added to the price.  All prices are in NZ dollars unless otherwise stated.
  4. TFK shall charge interest on overdue accounts at the rate of 2% per month.  TFK shall charge all fees and expenses incurred in the event that a debt collector is needed to collect the outstanding debt.
5.       Passing of Title:  Until full payment has been made of all sums outstanding from the Customer to TFK: 
(a)    The property and goods shall remain the property of TFK, while the Customer is at liberty to sell the goods in the ordinary course of business.
(b)    The benefit of any contract of sale and the proceeds of any sale shall be in the property of TFK and held in trust.
(c)    The Seller may by written notice terminate the Customer’s power of sale at any time if the Customer goes or threatens to go into receivership or liquidation: and
(d)    At any time after the termination of the power of sale, TFK may repossess the goods and the Customer hereby grants to TFK the irrevocable licence to enter upon any premises of the Customer for the purpose of doing so.
(e)    The Customer grants a security interest over the Goods which may be registered at the Personal Property Security Register and the Customer waives the right to receive a verification statement.
  1. TFK will not be liable (in contract or tort, including negligence or otherwise) to the Customer for any indirect damage (including punitive damages, loss (including profits, business or any economic loss) or cost (including legal and lawyer/Customer costs) caused or contributed to by it or its representatives or agents in relation to these terms.
  2. To the extent allowed by law, every warranty, guarantee and other assurance implied by custom or law is excluded.
  3. The Customer accepts that to the extent anything is supplied to it in the course of a business, The Consumer Guarantees Act 1993 (NZ) does not apply.
  4. Where legislation implies in these Terms any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms.  However, if the liability of TFK for any breach of such condition or warranty shall be limited, at the option of TFK, to one or more of the following:
(a)    the replacement of the goods or the supply of equivalent goods;
(b)    the repair of such goods;
(c)    the payment of the cost of replacing the goods or of acquiring equivalent      goods; or
(d)   the payment of the cost of having the goods repaired.
  1. In all cases TFK shall not be liable in respect of any claim by the Customer unless complaint is made within seven days of the date of delivery of goods and before they are opened or put into use.  In the event of any complaint arising in respect of goods delivered, the complained goods are to be returned to TFK for inspection.
  2. The maximum liability of TFK for direct damage, loss and cost caused by it in relation to these terms is the amount paid to it by the Customer.
  3. TFK reserves the right to amend these terms from time to time.  Such changes shall become effective on 30 days prior notice or in respect of any orders made after the date of any changes.
  4. These terms are governed by New Zealand Law and the New Zealand courts have non-exclusive jurisdiction over any dispute. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
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