Proquip NZ – Conditions of Sale
These conditions apply to all goods supplied by Proquip NZ (“the Vendor”) to the purchaser of such goods (“the Purchaser”), unless varied in writing by a duly authorised representative of the Vendor. All transactions are in New Zealand Dollars (NZD).
1. Liability and Risk
1.1 All conditions and warranties implied by law are expressly negated.
1.2 The Vendor’s liability is limited to replacement of the goods only, subject to these Conditions of Sale.
1.3 The Vendor is not liable for any consequential damage resulting from goods being damaged, defective, or unsuitable.
1.4 Goods are dispatched at the Purchaser’s risk in all respects.
1.2 The Vendor’s liability is limited to replacement of the goods only, subject to these Conditions of Sale.
1.3 The Vendor is not liable for any consequential damage resulting from goods being damaged, defective, or unsuitable.
1.4 Goods are dispatched at the Purchaser’s risk in all respects.
2. Pricing
2.1 Prices are subject to change without notice.
2.2 Any supplier price increases will be automatically passed on.
2.3 Unless otherwise arranged, prices charged will be those ruling at the date of dispatch.
2.2 Any supplier price increases will be automatically passed on.
2.3 Unless otherwise arranged, prices charged will be those ruling at the date of dispatch.
3. Personal Property Securities Act 1999 (PPSA)
3.1 The Purchaser acknowledges that this transaction constitutes a Security Agreement for the purposes of the PPSA.
3.2 The Purchaser will, upon request by the Vendor, execute all necessary documents and provide any required information to ensure that the Security Interest created under this agreement constitutes a first-ranking perfected Security Interest over the goods and their proceeds.
3.3 The Purchaser waives any right to receive a copy of a Verification Statement under the PPSA.
3.4 The Purchaser will pay, on demand, all costs incurred by the Vendor in enforcing its rights under this agreement or complying with any demand made by the Purchaser under Section 162 of the PPSA.
3.2 The Purchaser will, upon request by the Vendor, execute all necessary documents and provide any required information to ensure that the Security Interest created under this agreement constitutes a first-ranking perfected Security Interest over the goods and their proceeds.
3.3 The Purchaser waives any right to receive a copy of a Verification Statement under the PPSA.
3.4 The Purchaser will pay, on demand, all costs incurred by the Vendor in enforcing its rights under this agreement or complying with any demand made by the Purchaser under Section 162 of the PPSA.
4. Delivery
4.1 Delivery dates are given in good faith.
4.2 The Vendor is not liable for delays beyond its control.
4.2 The Vendor is not liable for delays beyond its control.
5. Order Cancellation
5.1 The Vendor reserves the right to refuse order cancellations if:
5.1.1 The Vendor cannot cancel its supply due to circumstances beyond its control, or
5.1.2 Dispatch has already been effected.
5.1.1 The Vendor cannot cancel its supply due to circumstances beyond its control, or
5.1.2 Dispatch has already been effected.
6. Claims
6.1 Claims for defective or damaged goods, or short supply, will not be accepted unless:
6.1.1 The Purchaser advises the Vendor within seven (7) days of receipt, and
6.1.2 The Vendor is given the opportunity to investigate the claim.
6.1.1 The Purchaser advises the Vendor within seven (7) days of receipt, and
6.1.2 The Vendor is given the opportunity to investigate the claim.
7. Returns
7.1 Goods will not be accepted for return or credit without prior agreement from the Vendor.
8. Restocking Fee
8.1 If an order has been correctly executed but a return is agreed, a 15% restocking fee will apply to cover handling, delivery, wastage, and other expenses.
8.2 No credit will be given for freight or other associated charges.
8.2 No credit will be given for freight or other associated charges.
9. Payment Terms
9.1 All payments are due as stipulated on the invoice.
9.2 Interest will be charged at the Vendor’s bank overdraft rate on overdue amounts.
9.3 Any discounts may be retracted if payment terms are not met.
9.2 Interest will be charged at the Vendor’s bank overdraft rate on overdue amounts.
9.3 Any discounts may be retracted if payment terms are not met.
10. Retention of Title
10.1 Title to the goods remains with the Vendor and passes to the Purchaser only when:
10.1.1 All supplied goods have been paid for in full, and
10.1.2 All other goods previously supplied under a title retention arrangement have also been paid for in full.
10.2 Until full payment is made:
10.2.1 The Vendor has the right to enter the Purchaser’s premises to inspect or repossess the goods.
10.2.2 The Purchaser holds the goods as a fiduciary.
10.2.3 If goods are sold by the Purchaser before full payment, the proceeds of that sale remain the property of the Vendor.
10.1.1 All supplied goods have been paid for in full, and
10.1.2 All other goods previously supplied under a title retention arrangement have also been paid for in full.
10.2 Until full payment is made:
10.2.1 The Vendor has the right to enter the Purchaser’s premises to inspect or repossess the goods.
10.2.2 The Purchaser holds the goods as a fiduciary.
10.2.3 If goods are sold by the Purchaser before full payment, the proceeds of that sale remain the property of the Vendor.
11. Data Security and Privacy
11.1 The Vendor uses NetSuite, a cloud-based platform, to process and store credit card and personally identifiable information.
11.2 NetSuite is externally audited to SOC 1 Type 2 and SOC 2 Type 2 (SSAE18 and ISAE 3402) standards, and is ISO 27001 and 27018 certified.
11.3 The Vendor also processes payments through Eway, a PCI DSS Level 1 compliant payment gateway.
11.4 The Vendor is committed to protecting customer information and implements best-practice security measures to prevent unauthorized access, disclosure, or misuse of sensitive data.
11.5 The Purchaser agrees to provide accurate and complete information when purchasing goods.
11.2 NetSuite is externally audited to SOC 1 Type 2 and SOC 2 Type 2 (SSAE18 and ISAE 3402) standards, and is ISO 27001 and 27018 certified.
11.3 The Vendor also processes payments through Eway, a PCI DSS Level 1 compliant payment gateway.
11.4 The Vendor is committed to protecting customer information and implements best-practice security measures to prevent unauthorized access, disclosure, or misuse of sensitive data.
11.5 The Purchaser agrees to provide accurate and complete information when purchasing goods.
Hours
Mon - Fri
7.00am - 5.00pm
© 2025 Proquip Ltd
