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Ramset New Zealand - Terms & Conditions

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Title Ramset New Zealand - Terms & Conditions
Text / HTML ratio 45 %
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Keywords cloud Supplier Goods Buyer terms conditions interest goods delivery made security payment clause Act proceeds Conditions damage full return rights sale
Keywords consistency
Keyword Content Title Description Headings
Supplier 104
Goods 84
Buyer 69
terms 22
conditions 18
interest 17
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H1 H2 H3 H4 H5 H6
0 0 0 0 2 0
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SEO Keywords (Single)

Keyword Occurrence Density
Supplier 104 5.20 %
Goods 84 4.20 %
Buyer 69 3.45 %
terms 22 1.10 %
conditions 18 0.90 %
interest 17 0.85 %
goods 17 0.85 %
delivery 14 0.70 %
made 13 0.65 %
security 13 0.65 %
payment 13 0.65 %
clause 12 0.60 %
Act 12 0.60 %
proceeds 10 0.50 %
Conditions 10 0.50 %
damage 10 0.50 %
full 10 0.50 %
return 9 0.45 %
rights 9 0.45 %
sale 9 0.45 %

SEO Keywords (Two Word)

Keyword Occurrence Density
the Supplier 91 4.55 %
of the 66 3.30 %
the Buyer 51 2.55 %
by the 49 2.45 %
to the 43 2.15 %
the Goods 43 2.15 %
and the 19 0.95 %
these terms 18 0.90 %
for the 17 0.85 %
and conditions 17 0.85 %
terms and 17 0.85 %
The Buyer 17 0.85 %
shall be 15 0.75 %
of any 14 0.70 %
will be 14 0.70 %
in the 14 0.70 %
Goods are 13 0.65 %
Supplier and 12 0.60 %
The Supplier 12 0.60 %
security interest 11 0.55 %

SEO Keywords (Three Word)

Keyword Occurrence Density Possible Spam
by the Supplier 26 1.30 % No
of the Goods 19 0.95 % No
terms and conditions 17 0.85 % No
by the Buyer 14 0.70 % No
of the Supplier 14 0.70 % No
these terms and 14 0.70 % No
to the Supplier 14 0.70 % No
the Supplier and 12 0.60 % No
to the Buyer 10 0.50 % No
the Supplier to 8 0.40 % No
the Goods and 8 0.40 % No
the Buyer is 7 0.35 % No
the Supplier may 7 0.35 % No
The Buyer will 7 0.35 % No
the Supplier in 6 0.30 % No
in respect of 6 0.30 % No
the Buyer and 6 0.30 % No
of Sale and 5 0.25 % No
Conditions of Sale 5 0.25 % No
the Buyer to 5 0.25 % No

SEO Keywords (Four Word)

Keyword Occurrence Density Possible Spam
these terms and conditions 14 0.70 % No
of the Goods and 5 0.25 % No
by the Supplier to 5 0.25 % No
the Supplier and will 5 0.25 % No
and Conditions of Sale 5 0.25 % No
property of the Supplier 5 0.25 % No
terms and conditions or 5 0.25 % No
Pin Range for Steel 5 0.25 % No
the property of the 5 0.25 % No
in writing by the 4 0.20 % No
Supplier shall not be 4 0.20 % No
Terms and Conditions of 4 0.20 % No
of these terms and 4 0.20 % No
of the Supplier and 4 0.20 % No
supplied by the Supplier 4 0.20 % No
Conditions of Sale and 4 0.20 % No
of Sale and Hire 4 0.20 % No
price of the Goods 4 0.20 % No
under these terms and 4 0.20 % No
Supplier to the Buyer 4 0.20 % No

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Ramset New Zealand - Terms & Conditions Register Login    Company Products Customer Service Engineering Solutions Resource Library  Home  |  Terms & Conditions Terms & Conditions TERMS AND CONDITIONS OF SUPPLY31 Aug 2013    ITW NEW ZEALAND LIMITED (the “Supplier”) Terms and Conditions of Sale and Hire GENERAL The Supplier supplies all goods to every consumer (the “Buyer) subject to the pursuit terms and conditions of Sale and Hire, which shall prevail despite any indication to the undisciplined by any person vicarial or purporting to act on the Supplier’s behalf. “Goods” ways goods and/or services sold by the Supplier to theProprietrixand, unless the context otherwise requires, goods hired or leased by the Supplier to theProprietrixand goods loaned by the Supplier to theProprietrixat no charge. The contract and these terms and conditions of sale shall be governed by New Zealand Law and the New Zealand courts shall have sectional jurisdiction in connection herewith. No waiver of any violate or failure to enforce any provision, of these terms at any time by the Supplier shall in any way limit or waive the right of the Supplier to subsequently enforce and hogtie strict compliance with these terms. TheProprietrixand the Supplier unclose that these Terms of Trade constitute a SecurityTry-onas specified by the Personal Property Securities Act 1999 (“PPSA”). For the Purposes of the PPSA, Collateral shall include all and any Goods supplied by the Supplier and the proceeds from the sale of those Goods. TheProprietrixmoreover agrees not to indulge any person to file a finance statement over any of the Collateral secured by the SecurityTry-onwithout the prior written consent of the Supplier. TheProprietrixhereby acknowledges that it has received a reprinting of these terms and conditions and, in particular, acknowledges that these terms and conditions constitute a security try-on for the purposes of the PPSA. 1. Acceptance 1.1 The Supplier accepts the Buyer’s order on these terms and conditions which constitutes the unshortened try-on between the Supplier and theProprietrixand it is expressly well-set that there are no other understandings, representations or warranties of any kind (expressed or implied) forming part of this agreement. 1.2 In particular:  (a)Any condition contained in the Buyer’s order which is inconsistent with, qualifies, or is undisciplined to these terms and conditions shall be of no effect unless that condition is expressly wonted in writing by the Seller. (b)Any variation, waiver or receipt of the Buyer’s order shall be of no effect unless wonted in writing by the Supplier. Where the Supplier accepts receipt the Supplier may levy a handling tuition of up to 15% of the price. 1.3 Where theProprietrixand the Supplier stipulate to a variation in the quantity of the Goods, the Goods shall be priced either at the rate workable to the original quantity or the revised quantity at the wool discretion of the Supplier. 2. Delivery 2.1Wordagewill take place upon despatch of goods from the premises of the Supplier and its agent. 2.2 Goods are offered subject to availability and the Supplier shall not be responsible or liable in any way to theProprietrixfor delays or defaults or consequential loss or forfeiture arising. 2.3 The Supplier may unhook the Goods by installments, and each installment shall be treated as a separate contract governed by these terms. Failure to unhook any installment does not entitle theProprietrixto cancel the contract. 2.4 No requirement for any discrepancy or shortage in the Goods delivered will be admitted unless it is made in writing to the Supplier within 14 days of wordage and theProprietrixco-operates with the Supplier to indulge investigation of the shortage. 2.5 The Supplier reserves the right to cancel wordage of the Goods or such installments thereof without prejudice to its rights to recover all sums owing to it in respect of deliveries once made. 2.6 Any quotations of wordage times by the Supplier are made in good faith as estimates and the Supplier shall not be unseat by such quotations. 2.7 Liability for shortages in the quantity of the goods is limited to making up the shortage. 2.8 Where theProprietrixasks the Supplier to unhook Goods directly to flipside person, that person takes possession of the goods for the proprietrix as the Buyer’s agent. 3. Ownership and Risk 3.1 The Goods will be at the Buyers risk immediately on despatch. TheProprietrixwill insure the Goods comprehensively versus all insurable risks for their full replacement value from the time of wordage until legal and salubrious ownership of the Goods has passed to the Buyer. If the Goods are damaged or destroyed surpassing legal and salubrious ownership of them has passed to the Buyer, theProprietrixwill hold the proceeds of such insurance in a separate fund and on trust for the Supplier. 3.2 Notwithstanding any period of credit, legal and salubrious ownership of any and all Goods shall remain with the Supplier until payment in full is made: (a) For the Goods; and (b) For all other amounts owing by theProprietrixto the Supplier.  3.3 Where payment is overdue or theProprietrixis otherwise in violate of these terms and conditions or commits any act of bankruptcy (as specified in section 19 of the Insolvency Act 1967) or (if a company) has or receiver scheduled in respect of any of its resources or has an using made or passes a resolution for its liquidation, the Supplier may, despite section 109 of the PPSA and in wing to the rights contained in that section, recover any or all of the Goods and re-sell the Goods and for such purpose may at any time of the day or night enter by gravity if necessary upon any premises where such Goods are reasonably thought to be stored and theProprietrixgrants to the Supplier an irrevocable right and validity to so recover, re-enter and re-sell. The Supplier in exercising its rights pursuant to this clause shall be entitled to deduct from any sale of Goods recovered from theProprietrixall the liabilities and expenses (including legal expenses) incurred by the Supplier in enforcing or attempting to enforce its rights pursuant to this clause and all other amounts owing by the Buyer, under these terms and conditions or otherwise. 3.4 Until payment is made in full by theProprietrixfor the Goods theProprietrixholds the Goods as bailee for the Supplier and will store the Goods in such manner that they are unmistakably identifiable as the property of the Supplier and will alimony separate records in respect of the same. 3.5 If the Goods are sold or otherwise tending of by theProprietrixprior to payment in full, theProprietrixwill have been deemed to have washed-up so as wage-earner for the Supplier and the proceeds of such sale will be the property of the Supplier. TheProprietrixwill hold the proceeds of such sale on trust, on worth for the Supplier, and alimony them in a separate fund from its own money. 3.6 TheProprietrixwill upon demand stuff made by notice in writing signed by the Supplier or some person scheduled by it for such purpose and served or posted to theProprietrixat its place of business, registered office, or residential write assign all proceeds of sale of any Goods by theProprietrixto the Supplier and will upon request unroll full details of sale and proceeds of sale to the Supplier. 3.7 The Supplier may sublease a receiver in respect of the Goods and the proceeds of the same supplied to theProprietrixunder these terms and conditions. Any receiver so scheduled may take possession of the Goods and resell them and otherwise exercise all rights conferred on a receiver by law. 4. Ownership and Risk 4.1 Prices are subject to transpiration without notice and all Goods will be supplied at the price prevailing at the time of wordage and theProprietrixis to pay the prices charged. 4.2 There may be a tuition for the Supplier’s pallets supplied by the Supplier. The Supplier will issue a credit on return of the Buyer’s pallet/s. 4.3 The price of the Goods excludes Goods and Services Tax (“GST”) or any other taxes, which will be paid by theProprietrixin wing to the price. 4.4 If the Goods are exported the price and other monies due by theProprietrixshall be paid in the currency of the transaction. 4.5 Clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgements or invoice, shall be subject to correction. 4.6 Where the Supplier approves payment by way of credit vellum the Supplier reserves the right to impose on theProprietrixa financial transaction forfeit as unswayable by the Supplier. 5. Payment/Trade Terms 5.1 Trade terms are misogynist only to tried customers upon using to, and the clearance of an worth by the Supplier. 5.2 The price of the Goods plus GST must be paid, in cleared funds, no later than the 20th of the month pursuit the month in which the invoice was dated. 5.3 Payment of all moneys will be made without set-off, deduction or counterclaim of any kind. 5.4 The Supplier reserves the right to transpiration the Buyers credit limit, suspend or terminate a contract and tropical the worth without notifying the Buyer. 5.5 Any disputes as to Goods or services supplied by the Supplier will not be considered except if brought to the Supplier’s sustentation within fourteen (14) days of the stage of delivery. 6. Default of Payment 6.1 If full payment for the Goods is not made to the Supplier by the due stage for payment, the Supplier may, as a result of the Buyers failure to make full payment by the due stage for payment, at the Suppliers discretion (and without well-expressed any other rights the Supplier may have), require theProprietrixto pay, on demand, default interest on any value outstanding at the rate of 15% per annum. Default interest will stockpile on a daily understructure on the unpaid portion of the price from the stage when payment is due until the stage when payment is unquestionably made, plus GST. TheProprietrixwill be liable to pay all expenses and hodgepodge financing (including legal financing as between solicitor and vendee and debt collectors’ costs) in connection with the Supplier recovering or attempting to recover any overdue amounts. 6.2 If theProprietrixis in violate of any of these terms and conditions or in violate of any other contract for supply with the Supplier, the Supplier shall be entitled to cancel this and any other contract for supply and seek damages accordingly 6.3 TheProprietrixwill be liable to pay all expenses and hodgepodge financing incurred by the Supplier (including legal financing as between solicitor-client understructure and debt collectors’ costs) incurred in connection with registration of a financing statement or financing transpiration statement, protection or preservation of its security interest or its registration, recovery or attempted recovery of any outstanding moneys and the enforcement of these terms and conditions or the security interest credited by this Agreement. 6.4 Payments by theProprietrixshall be unromantic first in the reduction of interest, liquidated damages and financing due pursuant to clause 6 and the wastefulness then stuff in reduction of any amounts due 6.5 A unappetizing fee for non-payment may moreover be unromantic for each month in default 7. Damage 7.1 The Supplier will not be liable for Goods damaged in transit. 7.2 Prior to supporting wordage to the carrier theProprietrixmust ensure that the well-constructed consignment as per the carrier’s note has been received. 7.3 Should there be a shortage or visible forfeiture to outer packaging the carriers note must be endorsed accordingly. 7.4 Within 7 days of receipt of consignment theProprietrixmust ensure that all Goods received are in good order and condition. 7.5 No claims will be considered without 14 days of receipt of Goods. 8. Return of Goods 8.1 If the Supplier delivers the wrong Goods or Goods in glut of the quantity ordered by the Buyer, theProprietrixmay return the wrong Goods or the Goods in glut of quantity ordered, to the Supplier. If such Goods are returned within 14 days of wordage by a carrier nominated by the Supplier. The Supplier will pay for the forfeit of the return freight 8.2 Goods will not be wonted for return without 14 days from the stage of wordage unless well-set in writing by the Supplier. In the event that Goods are wonted for return an wardship and handling fee may be charged at 15% 8.3 TheProprietrixmay return any Goods (other than Goods to which clause 8.1 applies) to the Supplier, if the Supplier in its wool discretion, consents to such return. 8.4 All such returns pursuant to clause 8.3:  (a)Must be an authorised return within 14 days of delivery. (b)Must be returned freight paid in original packs and in a saleable condition (c)Will be wonted subject to inspection by the Supplier (d)Must be accompanied by number and stage of Supplier’s invoice 8.5 Subject to clause 8.4 the Supplier may (in its discretion) winnow the Goods for credit less a 15% re stocking tuition plus any freight. Acceptance of Goods returned does not imply try-on to issue credit note. 9. Guarantees, Warranty and Conditions 9.1 If theProprietrixis a consumer under the Consumer Guarantees Act 1993 (for the purposes of this clause 9, “the Act”) and is acquiring or holding itself out as acquiring Goods for merchantry purposes, the Act will not apply. 9.2 Subject to clause 9.1:  (a)TheProprietrixrelies upon its own knowledge, skill and judgment in relation to the particular use or suitability of the Goods for the Buyers purpose. (b)All warranties, descriptions, representations or conditions whether unsaid by the Sale of Goods Act 1908 or otherwise or contained in any document not furnished by the Supplier are expressly excluded to the fullest extent permitted by law; (c)No liability will be wonted by the Supplier for any damages or losses welling from a magnitude of any act, default or negligence on the part of the Supplier or of an employee, wage-earner or contractor of the Supplier; (d)Insofar as the Supplier may be liable, notwithstanding clause 9.2(b), for any loss, forfeiture or injury welling directly or indirectly from any defect in the Goods, total liability of the Supplier, whether in tort, contract or otherwise, will be limited to the lesser of the price of the Goods complained of, the forfeit of repairing or replacing the needing Goods and the very loss or forfeiture suffered by the Buyer; and (e)The Supplier will not be liable in any event for any consequential, indirect or damage, loss or injury of any kind suffered by the Buyer. 9.3 In the specimen of Goods not of our own manufacture theProprietrixis entitled to only such benefits as the Supplier may receive under any warranty or guarantee given to the Supplier by the manufacturers in respect thereof. 9.4 If theProprietrixis a consumer under the Act, to the extent that the Buyer’s rights under the Act have not been excluded under clause 12.1, nothing in these terms will stupefy the rights of theProprietrixunder the Act Page 5   10. Limitation of Liability 10.1 The liability of the Supplier in any specimen of:  (a)A requirement for any discrepancy or shortage in the Goods delivered (which must be made within the time limit in clause 8.1); or (b)A requirement in relation to disputes as to the type or nature of the Goods supplied by the Supplier (which must be made within the time limit in clause 8.2); or (c)A requirement in respect of Goods which are found to be defective, shall be limited to the purchase price of the Goods concerned or where towardly and at the sole discretion of the Supplier in the specimen of shortage to making up the shortfall and in any other specimen to replacement or repair of the Goods and the Supplier shall have no remoter liability or responsibility for any direct, indirect or consequential injury, loss or forfeiture whatsoever and howsoever arising. 10.2 The Supplier shall not be responsible for any forfeiture whatsoever caused either to the Goods supplied or as a result of the malfunction of such Goods if:  (a)The Goods are fitted by unqualified tradesmen; or (b)The Goods are fitted in any non tradesman like manner; or (c)The Goods are in any way well-timed to a use for which they are not specifically intended; or (d)The Goods are widow to or repaired using components not recommended or tried by the manufacturer of such Goods; or (e)The Goods are improperly transported or stored; or (f)The forfeiture or malfunction results from the misuse of, willy-nilly forfeiture to, or improper operation, maintenance, installation, modification or welding of, the Goods. 11. Patents & Copyright  11.1 Copyright in all drawings, specifications and other technical information provided in connection with any contract with theProprietrixis vested in the Supplier 11.2 Any technical information, knowledge or processing methods at any time transmitted either orally or in writing by the Supplier to theProprietrixremains the property of the Supplier and will be considered veritably confidential by theProprietrixand theProprietrixwill not use any such technical information, knowledge or processing methods for any purpose, nor sell, transfer or divulge them in any manner to anyone without the Suppliers prior written consent. 12. Security 12.1 TheProprietrixgrants a security interest in all present and without uninventive Goods and their proceeds as security for the payment of all Goods supplied to the Supplier and for any other amounts owing to the Supplier by theProprietrixwhether under these terms and conditions or in relation to any other agreement. Without limiting the foregoing, to the extent workable the security interest is a purchase money security interest (as specified under the PPSA) in the Goods and their proceeds. The security interest is a standing interest irrespective of whether there may be monies or obligations owing by theProprietrixto the Supplier at a particular time, until the Supplier discharges its security interest. 12.2 On the Supplier’s request theProprietrixshall promptly execute any documents and do anything else required by the Supplier to ensure that the security interest created under these terms and conditions constitutes a first ranking perfected security interest over the Goods. TheProprietrixwill moreover provide the Supplier with any information the Supplier reasonably requires to well-constructed a financing statement or financing transpiration statement. 12.3 TheProprietrixshall immediately notify the Supplier in writing of any transpiration in the Buyer’s name. 12.4 TheProprietrixwaives any right to receive a reprinting of a verification statement under the PPSA. 12.5 Until all moneys due to the Supplier are paid the Buyer:  (a) Shall not sell tuition or part with possession of the Goods otherwise than for its full value in the ordinary undertow of business; (c) shall not alter, obliterate or deface the Goods (other than for the purpose of rhadamanthine an Accession or an Ingredient) and shall not alter, obliterate, deface, imbricate up or (b)remove any identity mark indicating that the Goods are the property of the Supplier; (d) Must store the Goods in such a manner that they are unmistakably identifiable as the property of the Supplier and will alimony separate records in respect of the Goods and (e) Will hold the proceeds of the Goods on trust for the Supplier, in a separate and identifiable account. 12.6 TheProprietrixagrees that nothing in sections 114(1) (a), 117(1) (c), 133 and 134 of the PPSA shall wield to these terms and conditions. 12.7 TheProprietrixagrees that its rights as debtor in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA shall not wield to these terms and conditions. 12.8 TheProprietrixwill not indulge a security interest to be created or registered over the Goods in priority to the security interest held by the Supplier.  13.GravityMajeure 13.1 The Supplier shall not be liable to theProprietrixfor any loss or forfeiture directly or indirectly welling out of or in connection with any wait in wordage of the Goods or failure to perform any term of this contract where such wait or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, starchy commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of or wait in transportation or any other rationalization vastitude the Supplier’s control. 14. Compliance with Regulations 14.1 TheProprietrixshall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the gravity of law in connection with the installation and operation of the Goods.. 15. Hire 15.1 On placing an order for hired goods the Hirer accepts responsibility for the goods from the supplier premises until they are returned to the supplier’s premises, at the Hire’s expense. 15.2 Hireage shall be charged at the prices ruling at the stage of despatch of the goods. Goods hired on a daily understructure shall be charged as a seven- (7) day week and shall include a rent tuition for the day on which goods were placid and the day goods were returned. Goods hired on a monthly understructure shall incur the standard full monthly rent tuition for each month and part thereof that the goods are on hire. 15.3 All goods returned from rent in a damaged or dirty condition will be replaced or serviced by the Supplier and such forfeit will be the liability of the Hirer. 15.4 Where the Hirer does not request a particular method of wordage or return of hired goods the Supplier will select a method of transport on behalf of the hirer who shall imbricate the responsibility and forfeit of delivery.  This consent is given in vibrations with the Privacy Act 1993. ACCEPTANCE 1.UsingforConsumerAccount a) I well-constructed thisUsingforConsumerAccount stuff duly authorized by the Applicant. b) I declare that the details given on thisUsingare true and correct. c) I understand and winnow responsibility to obtain any legal translating deemed necessary prior to forwarding this form for your consideration. d) Where the write-in is a Sole Trader/Partnership they have the right under the Privacy Act 1993 to obtain wangle to and to request correction of any Personal Information held by the Supplier concerning me.  2. Standard Terms and Conditions of Sale and Hire a) I stipulate that payment is due on 20th of the month pursuit wordage without deduction. b) I personize that any supplies, services or rent made by the Supplier or its successors and assigns, to the write-in shall be only on the Supplier’s standard Terms and Conditions of Sale or Hire. c) I confirm, I have read, understand and wonted the standard terms and conditions of sale and rent on behalf of the applicant. The standard Terms and Conditions of Sale andRentform part of this using when requesting a consumer account. d) The Guarantor consents to theWrite-insigning the Suppliers terms and conditions and that its existing guarantee remains in full gravity and effect unless replaced with any new form of guarantee.  3. Retention of Title and Personal Property Securities Act a) I/We requite the Supplier the right to enter our premises at its discretion and remove any goods relating to the Supplier, subject to its ownership of goods. b) I/We winnow that the Supplier has the right to register their financial interest under the Personal Property Security Act 1999. Where this act does not wield the Supplier’s retention of title as contained in the “Terms and Conditions of Sale and Hire” applies.  4. 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