“We” “us” or “our” refers in all cases in these terms & conditions of trade to Jasco Pty (New Zealand) Limited. “The Buyer” refers in all cases in these terms & conditions of trade to the person(s) or organisation(s) buying the goods.

All prices quotes are for goods to be supplied ex stock, and are net of GST which is payable by the Buyer. Delivery is subject to supplies being available.  Jasco Pty (NZ) Limited has a minimum order value of $100.00; an additional administration, handling and freight charge of $15.00 will be applied to orders under $100.00. Deliveries direct to a third party will also incur an administration, handling and freight charge of $15.00.

We reserve the right to alter prices when determining cost factors alter.   This will be done with immediate notification to the Buyer. We also reserve the right to alter our minimum order value by notice to the Buyer.  Quotations for goods required to be specifically imported are subject to confirmation upon the receipt of a firm order.     Such prices are subject to Exchange and Duty fluctuations.

All payments for goods shall be made on the 20th of the month following despatch unless otherwise agreed in writing.

Should the Buyer fail to pay the price or any part thereof on due date, we reserve the right to charge interest to the Buyer at our Trading Bank’s Indicator Lending rate for the time being in force, plus 6% calculated on a daily basis from the due date to the time of payment of all outstanding amounts including interest accrued.

The Buyer will indemnify the seller and pay collection costs, including any costs incurred by the seller in exercising its  rights under Clause 8 of these terms and conditions plus all costs and expenses on a solicitor/client basis which the Seller may incur recovering from the Buyer any amount which may become due under these terms and conditions.

When the Buyer requests delivery outside our normal service, we reserve the right to charge the Buyer for costs related to the delivery method requested. Any such charges shall be met on the terms set-out in clause 3.

Returning Goods

Returned goods will not be accepted without the prior approval of our Distribution Supervisor.  Such returns are to be made on freight paid basis unless we have agreed to pay the freight.  All returned goods must be accompanied by the actual invoice or invoice details

Goods which we supply in error or which are defective will be replaced or if unavailable, credited in full only if they are returned to Jasco within 14 days from date of delivery and are unmarked, undamaged and not shop soiled.  Goods which the customer orders in error may be returned at Jasco’s discretion – although an administration fee of $15.00 or 10% of value of goods (whichever is the greater amount),  will apply.          

We will not issue any credit note and shall not be liable for any errors, shortages or faulty goods or for any returns unless the Buyer has complied with clauses 5 and 6.

The risk of loss, damage or deterioration to goods shall be exclusively that of the Buyer from the time when the goods are delivered from our premises to a carrier or other agent of the Buyer.

Ownership of all goods remains with us and does not pass to the Buyer until the Buyer:

• pays the amount owing for the goods and any other moneys owing by the Buyer to us from time to time,  whether in relation to those goods or any other goods supplied or any other account whatever; or
• resells the goods in the ordinary course of business for full consideration. 

While ownership of the goods remains with us:

• The Buyer must store them separately and clearly identify them as belonging to us.
• We authorise the Buyer in the ordinary course of its business to use the goods or sell them for full consideration. This authority shall be automatically revoked from the time that the Buyer defaults in payment of an amount owing to us or we revoke this authority by notice in writing.

 As the Buyer’s agent for the purposes of this clause, we may enter the premises where the goods are stored and remove them. We shall not be responsible for and the Buyer shall indemnify us for any damage caused or any claim or liability we may incur or suffer as a result of entering any premises and removing the goods. The Buyer is liable for all costs incurred buy us (including transportation and storage charges) in entering and removing the goods.  We may resell any of the goods and apply the proceeds of sale in reduction of the Buyer’s indebtedness as we see fit.

The Buyer must advise us immediately of any action by third parties (including any of its creditors) affecting our interest in the goods.

If the Buyer resells or uses the goods before ownership of the goods has passed to the Buyer, the proceeds of such sale or use shall be received and held by the Buyer (in whatever form) in trust for  us.    We may at any time by notice in writing require the Buyer to convert the proceeds into money, to be paid into a bank account nominated by us.

We may bring an action for the price of the goods sold even where ownership of the goods may not have passed to the Buyer.

The Buyer shall do all things we require to give full affect to this clause including (without limitation) storing the goods in a manner which allows them to be identified as our goods, holding the proceeds of sale in a separate account and doing all things necessary to allow us to register our interest in the goods and proceeds of sale under the Personal Property Securities Act.

If the Buyer acquires or holds itself out as acquiring the goods for the purposes of a business in any way, or if the Buyer is not a “Consumer” as defined in the Consumer Guarantees Act 1993 (“the Act”) the Buyer agrees that:

• Where the Buyer supplies the goods to any other person in the course of trading, the Buyer must not give or make any undertaking, assertion or representation in relation to the goods without our prior approval in writing.
• The Buyer agrees to indemnify us against any liability, expense, claim or cost incurred by us under the Consumer Guarantees Act1993, as a result of any breach by the Buyer of the obligations contained in this clause.

 The following terms apply wherever the Act does not apply to these terms and conditions, or where the following terms are not inconsistent with the Act:

• Defective goods or goods which do not comply with the contract shall at our discretion be replaced, or the price refunded.
• Claims relating to defects which can be ascertained by examination on delivery will only be accepted if made to us in writing within fourteen days after delivery and before the goods are used.
• It shall be the Buyer’s responsibility to check the quality of the goods before processing. If the quality is not in accordance with the quality contracted for, or if the Buyer has reason to believe that that quality of the goods is such as to give difficulties in processing, then the Buyer shall not allow processing to commence unless it obtains our prior written permission to do so.   Claims in this event will not be accepted unless notified to us in writing within 90 days from the date of Invoice.
• Notices must be given to the following address:

                    Distribution Supervisor

                    Jasco Pty (New Zealand) Limited

                    P O Box 107010

                    Auckland Airport

                    AUCKLAND

• No goods shall be returned unless we have agreed in advance.
• We may, at our discretion, delay the replacement of, or the refund of the price of, any goods for so longas the Buyer is in default in relation t any amount owing to us.
• Except as expressly provided elsewhere in these terms and conditions, we shall have  no liability for any claim by the Buyer or any other person, of any nature whatsoever including (without limitation) any claim relating to or arising from:

Any conditions, warranties, description, representations, conditions as to fitness or suitability for  any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise: or    

• Any representations, warranties, conditions or agreement made by any agent or representative, which are not expressly confirmed by us in writing, and the Buyer agrees to indemnify us against any such claim.
• In any event, our liability under any claim shall not exceed the price of goods.  Nothing in these terms is intended to have the effect of contracting out the provisions of the Act except to the extent permitted by the Act, and these terms are to be modified to the extent necessary to give effect to that intention.

We are not liable to the Buyer for failure to deliver goods where such failure arises from or is a result of any act of the Buyer or any circumstances beyond our reasonable control including (without limitation) war or civil   disturbance, strike; lock-out or fire.

These Terms and Conditions of Trade are the only terms and conditions upon which we agree to supply any goods.  They override and supersede all other terms and conditions whether contained on any invoices, delivery notes, acceptance, purchase orders or other documentation and whether or not any such documents, purport to add to, vary or supersede these terms and conditions.   Variations to these terms can only be made in writing, signed by our General Manager or National Sales Manager and must specifically record that they are variation of these terms and conditions.  No other employee or agent has authority to vary these terms on our behalf.   

Where the obligations of the Buyer are guaranteed by any person such guarantee shall be a continuing guarantee and shall not be affected by any change to these terms and conditions or to any waiver of these terms and conditions or indulgence by us.  As between us and the guarantor the obligations of the guarantor shall bee as principal.                                                     

The Customer agrees that the company may make any inquiries from a credit reporting agency that is deems desirable and permits the company to disclose any and all information provided by the Customer about the Customer in relation to their credit worthiness.

This website and its content is the property of Jasco Pty (NZ) Ltd and are subject to copyright.
The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or any use of the trademarks displayed on the website, is prohibited without the prior written permission of Jasco Pty Ltd: PO Box 107010, Auckland Airport, Auckland.

This website may be accessed in New Zealand and throughout the world. Jasco Pty (NZ) Ltd makes no offer in or by this website to sell any product or service in any country outside Australia and no representations that the content of this website complies with the laws of any country outside New Zealand.
If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New Zealand.

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. Jasco Pty (NZ) Ltd makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Jasco Pty Ltd will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this website and any other site linked to this website.

The Terms and Conditions as outlined above are subject to alteration without notice. However, prior notice of impending changes will be given wherever possible.