Terms of Trade

Website Terms of Trade for Dino Enterprises limited.

1. All Goods and services which are displayed on this website and which are sold by Dino Enterprises (NZ) Limited (also referring to Dino Enterprises as “we”, “our” or “us”) to you are subject to these Terms of Trade (“Terms”). We may amend these Terms from time to time and if you continue to order or receive Goods and services from us after these terms have been amended, you will be deemed to have agreed to the amended Terms. “Goods” means all products, parts and related accessories, , goods or services of any kind which are supplied by us to you under these Terms.

2. Price and Orders
2. 1 Each order made must be accompanied by a purchase order number. Delivery of Goods pursuant to an order containing conditions of purchase inconsistent with these Terms will be deemed to be a counter offer and acceptance of such Goods by you will constitute acceptance of these Terms in place of any conditions of contract contained in your order.
2.2 Orders for Goods or services may not be cancelled without our prior approval in writing.
2.3 All prices quoted are exclusive of GST and freight/delivery charges, unless otherwise stated.
2.4 The price of the Goods and any services we provide may be altered by us without notice but we may from time to time notify you of any alteration to the price of the Goods or services in writing. Unless otherwise agreed by us, the price payable for Goods and services is the price stated on the invoice for the Goods and/or services.
2.5 Where we deliver Goods or services in instalments, each delivery instalment will be invoiced separately without reference to any other instalments.
2.6 Notwithstanding any other provision contained in these Terms, if you order Goods or services using the order process.
– All details (including without limit price and availability) relating to the Goods and services ordered as displayed on the website are subject to confirmation by us, once we have received your order confirmation. We will notify you as soon as possible by telephone or email if we accept your order or if any of the details on the order need to be amended.
– Any order confirmation which you provide to us will be effective once we have confirmed our acceptance of your order confirmation or, if we notify you of any amendments, once you have indicated your acceptance of the amended terms as notified to you by us under this clause 2.6.
– We will not be liable for any damage, loss or expenses of any kind (whether direct or indirect) suffered or incurred by you in connection with your reliance on any order which has not been confirmed by us in accordance with this clause 2.6.

3. Payment
3.1 You must pay for the Goods and any services on or before the 20th day of the month following the date of delivery to you, or immediately upon the commencement of any action or proceeding by a third party involving your solvency, whichever is the first to occur (“Due Date”).
3.2 You must pay for the Goods and any services in full without deduction or set-off and pay goods and services tax (pursuant to the Goods and Services Tax Act 1985) and any other government duties, levies or taxes in respect of the Goods and/or services.
3.3 If you fail to pay for any Goods and/or services by the Due Date or otherwise fail to comply with any of these Terms, we may:
– revoke any credit accommodation and require all further sales to be on a cash-before-delivery basis;
– require that all amounts owing to us are immediately due and payable without deduction;
– rescind all discounted quotations or rates and recalculate outstanding charges;
– require you to pay interest on the overdue amount at a rate per annum equivalent to our then current bank overdraft rate plus five percent, calculated on a daily basis from the Due Date until the date payment is made in full; and
– suspend further deliveries of Goods and services to you until you have paid the overdue amount in full together with any interest payable thereon.
3.4 We may at any time set-off amounts owed by us to you against amounts owed by you to us.
3.5 We may at any time, refuse to extend further credit to you and our approval of your application for credit does not oblige us to extend to you any particular amount of credit.

4. 4. Delivery and Risk
4.1 We will use reasonable endeavours to deliver Goods ordered within a reasonable time and subject always to the same being in stock. We will not be liable for any loss or damage for failure or delay in delivery (including consequential loss or liability for any amount payable by you to a third party).
4.2 Unless otherwise agreed in writing, you will be responsible for all costs of delivery. Where we deliver the Goods to premises nominated by you and you fail to provide access to those premises at the time of delivery, we may charge you for all costs and expenses of storage and redelivery of the Goods.
4.3 From the time that the Goods are loaded for delivery to you, or collected by you or your agent, you will bear the risk of loss of or damage to the Goods and will insure the Goods against such risk.
4.4 All claims for shortage or discrepancy between Goods ordered and Goods delivered must be notified to us within 72 hours of the date of delivery. Where Goods appear to be damaged on delivery you must contact us immediately.

5. Property
5.1 The Goods will remain our property until you have paid all amounts payable by you to us.

6. Recovery of Goods
6 .1 If you fail to make payment in full by the Due Date, fail to comply with any of these Terms, commit an act of bankruptcy, or compound or enter into an arrangement with all or any number of your creditors, or being a company have a receiver appointed, or go into liquidation whether voluntarily or otherwise, or die, or if goods are “at risk” within the meaning of the PPSA, we will be entitled to repossess and sell Goods ordered by you and, where reasonably necessary for such purpose, may enter any premises where such Goods may reasonably be expected to be held.

7. Costs
7 .1 You will pay on demand all costs and expenses incurred by us in connection with the enforcement or attempted enforcement of these Terms, including, without limitation, losses, costs and expenses sustained as a result of a default by you in the performance of any of your obligations under these Terms.

8. Warranty
8 .1 Subject to clause 9.2, and to the extent permitted by law, Goods supplied are subject to warranties and guarantees by the manufacturer only. We will pass on the benefit of these to you, without being directly liable to you for any defects in the Goods.
8 .2 We warrant that any services we provide to you will be performed in a good trades man like manner. You will have no claim with regard to Goods which have been altered or in any way utilised by you. We will not in any circumstances be liable for any loss or damage caused by wilful or accidental damage, negligent or improper use, maintenance or storage, or other circumstances beyond our control.

9. Returns
9 .1 No returns of Goods will be permitted unless the Goods are found to our satisfaction to be faulty or as otherwise agreed by us. No returns of Goods will be accepted unless:
– the relevant invoice number and date of purchase is quoted and a returned material authorisation number from our service department has been obtained;
– Goods are returned in their original condition; and
– all freight and handling charges for the return of the Goods have been paid by you.
9 .2 Where we agree to accept the return of any Goods (other than Goods found to our satisfaction to be faulty) we may charge you a re-stocking fee.

10. Consumer Guarantees Act 1993
10.1 The guarantees implied by the Consumer Guarantees Act 1993 will not apply to any Goods or services provided pursuant to these Terms where you acquire those Goods or services, or hold yourself out as acquiring those Goods or services, for the purposes of a business.
10.2 Where you on-sell the Goods to another party for business purposes, you will contract out of the guarantees implied by the Consumer Guarantees Act 1993 with that party in writing.

11. Intellectual Property and Confidentiality
11.1 You will not disclose any Confidential Information received by you from us to any third party. “Confidential Information” means all non-public information about the Goods, including without limitation, any information pertaining to any hardware, software, specifications, technical information, documentation, drawings, manuals, research and development, planned modifications and enhancements and trade secrets.
11.2 All trademarks, trade names, copyrights, patents and other intellectual property rights used in connection with or embodied in the Goods (including without limitation their design and specifications, their hardware and software and all documentation and manuals relating to the Goods) (“Intellectual Property Rights”) will be and remain the sole property of us or the supplier of the Goods to us or such other party as we may identify. You will give us prompt notice of:
– any claim that is made against you or any of your customers challenging our Intellectual Property Rights and/or
– any action by any third party which infringes or is likely to infringe our Intellectual Property Rights;
and we will have the right to defend any such claim or action and make settlement of the same at our sole discretion. You will give such assistance as we may reasonably require to settle or oppose any such claim or action and to protect our Intellectual Property Rights within New Zealand.
11.3 If your account is terminated, you must immediately discontinue use of any of our Intellectual Property Rights in any sign, or advertising and thereafter you will not use those Intellectual Property Rights directly or in connection with your business.
11.4 This clause 11 will survive the termination of your account with us.

12. Miscellaneous
12.1 We may require you, or if you are a company, your directors, to give a guarantee and indemnity in the form attached.
12.2 Where you comprise of more than one party, then each reference in these Terms to you will be a reference to each such party jointly and severally and your obligations under these Terms will bind each such party jointly and severally.
12.3 You will immediately notify us of any change in your name, ownership or address. Notwithstanding any such change you will remain liable for all amounts owing to us under these Terms until you have received written confirmation from us that your account has been closed, full payment of money owing has been received and a new account has been opened in the name of the new entity.
12.4 You will indemnify us for all liabilities, claims, losses, expenses, damages or costs resulting from any claim or action by a third party in relation to the Goods or any services we provide.
12.5 If requested by us, you will take out and maintain public liability insurance with an insurer, and on terms, approved by us.
12.6 Failure by us to insist upon compliance with any provisions of these Terms does not constitute a waiver of that provision and we will be entitled to insist upon compliance with all provisions of these Terms at any time.
12.7 If any provision or part of a provision of these Terms is found to be invalid or unenforceable then that provision or part thereof will be severed and the remaining provisions will continue to be binding and have full force and effect on you and us.
12.8 The laws applicable to these Terms are the laws of New Zealand.