Any order placed with Auckland Normal Intermediate School (“Our”, “Us”, “We”, “School” or “ANI”) by you (“You” or “Customer”) constitutes your agreement to be bound by these terms.
1 SALE AND PURCHASE
1.1 Your placement of an order with us (“Order”) constitutes an offer by you to purchase items from us or make payments on these terms.
1.2 The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on our website. Delivery of goods constitutes notice of our acceptance of the order.
1.3 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
2 PRICE AND PRICE VARIATION
2.1 Prices quoted are including GST in New Zealand dollars. Online orders will be subject to a Credit Card surcharge of 2%. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time without notice.
2.2 ANI shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to ANI of carrying out the whole or any part of the contract arising from any of the following:
(a) variation in the cost of ANI acquiring the goods directly or indirectly, on account of changes in supplier costs, rates of freight and transport costs, insurance, customs duties, taxes or existing tariff classifications;
(b) variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(c) any correction of errors or omissions on the part of ANI or any of its representatives.
3 GST
3.1 All goods and services sold are subject to New Zealand Goods and Services Tax.
4 PAYMENT
4.1 ANI reserves the right to suspend delivery of further goods if the terms of payment are not strictly adhered to by the Customer.
4.2 Any expenses, costs or disbursements incurred by ANI in recovering any outstanding monies including debt collection agency fees or solicitor’s costs shall be paid by the Customer.
4.3 You must pay us any fees or costs imposed on us if any payment you make to us is dishonoured or reversed.
5 DELIVERY
5.1 ANI shall deliver the goods to the classroom and child stated on the order within three school days, during term time, subject to stock availability. If your child is not currently a student at ANI, you can collect your Uniform order at the school office. If we anticipate that you will not receive the goods within that time we will advise the reason for the delay and the likely date of the delivery. You will then be asked to confirm the order or cancel the order. We will not be liable for any delays in delivery of goods or services.
5.2 Delivery of the goods completes any obligation of ANI under the contract.
6 PRIVACY ACT 1993
6.1 The Customer, if an individual, has a right of access to information about the Customer held by ANI. The Customer may request correction of that information and may require that the request be stored with that information. ANI may charge reasonable costs for providing access to that information.
7 RETURN OF GOODS
7.1 The acceptance of any goods for credit will solely be the determination of ANI. Return of goods will only be accepted for credit within 14 days of delivery, unless due to ANI’s error.
7.2 No returned goods shall be accepted by ANI if they have been tampered with by you or any other person and are not as new. Where goods are returned but not accepted by ANI as above, they shall be returned to you.
8 RISK
8.1 Risk in the goods shall pass to you at the time when our obligations under the contract are deemed under clause 5 to be completed.
9 GUARANTEES
9.1 Goods of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 apply to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, ANI will repair or replace those goods;
(b) without excluding ANI’s obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that ANI does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by ANI in writing;
(c) if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
9.2 The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) defective goods or goods which do not comply with the contract may at ANI’s discretion be repaired or replaced.
(b) any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies ANI in writing within fourteen days following delivery and ANI is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) ANI will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
(d) ANI accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) any conditions, warranties, descriptions, 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
(ii) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by ANI in writing; or
(iii) any services forming part of the supply of the goods which have been performed by any third party; and the Customer agrees to indemnify ANI against any such claim.
(e) in any event, ANI’s liability under any claim shall not exceed the price of the goods.
9.3 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
10 CUSTOMER’S LIABILITY & DEFAULT
10.1 If the Customer shall:
(a) fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
(b) suffer execution under any judgment; or
(c) make any composition or arrangement with any creditor;
ANI (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable. Any such termination shall be without prejudice to any claim or right ANI may otherwise possess.
11 VARIATIONS TO TERMS AND CONDITIONS OF TRADE
11.1 ANI may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect
12 GOVERNING LAW
12.1 These terms of trade are governed by the laws of New Zealand.
12.2 ANI and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.