Terms Of Trade

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Terms of trade

Initial Definitions

  • “Company” means South Island Scientific Ltd or its abbreviations “SIS” “SI Scientific” or “SI Sci”
  • “South Island Scientific Ltd” means the Seller of and / or supplier of the Goods as specified in any invoice, document or order
  • “Seller” means the Company
  • “Customer” and “Purchaser” may be used interchangeably, and means the person/s buying the Goods as specified on any invoice, document or order
  • “Goods” means the Goods supplied to the Customer at the Customer’s request
  • “GST” means Goods and Services Tax
  • “Price” means the Price payable for the Goods as agreed between the Seller and the Customer

Acceptance of Terms and Conditions

These terms and conditions apply to any order for Goods placed by a Purchaser from the Company.

The Purchaser is taken to have exclusively accepted, agreed to and is bound by these Terms and Conditions, unless stated in writing and accepts that the Purchasers standard Terms and Conditions, including without limitation all standard conditions of purchase or trade, are excluded.

The Purchaser acknowledges and accepts that at its discretion the Company reserves the right not to supply Goods if, for any reason - including but not limited to, where the Goods are not or cease to be available, Customer account disputes, or conditions placed on the Company by its suppliers. The Company will not be liable to the Customer for any loss or damage the Customer suffers due to exercising its rights under this clause. 

Quotations

Any quotation made by the Company is valid for 30 days. All quotations are subject to withdrawal or variation at any time prior to acceptance of a Purchase order from the Customer

Orders

Any order for Goods received from a Customer shall not be binding until accepted by the Company - by way of writing or the act of dispatching the ordered Goods to the Customer.

Price and Payment

South Island Scientific Ltd may vary the Price after receipt of an order from a Customer in the event of:

  • Any increase in costs charged to the Company by its suppliers;
  • Any increase in costs of freight charges;
  • Any change to the Goods requested by a Customer

South Island Scientific Ltd will not Deliver any Goods ordered by a Customer until such time as the Company receives payment in full for those goods.

Payment may be made by electronic/on-line banking to the nominated Company bank account.

Unless otherwise stated the Price does not include GST.

Delivery of Goods

Delivery (“Delivery”) of the Goods is taken to occur at the time that:

  • the Customer or the Customer’s nominated carrier takes possession of the Goods at SIS’s address; or
  • SIS (or SIS’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

SIS may deliver the Goods in separate instalments. Each separate instalment may be invoiced and payment required in accordance with the provisions in these terms and conditions.

Backorders will be shipped as soon as they are available.

Risk

Risk of damage to or loss of the Goods passes to the Customer upon dispatch from the Company’s warehouse, and the Customer is responsible for insuring the Goods on or before Delivery.

If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, SIS is entitled to receive all insurance proceeds payable for the value of the Goods. The production of these terms and conditions by SIS is sufficient evidence of SIS’s rights to receive the insurance proceeds, without the need for any person dealing with the Company to make further enquiries.

If the Customer requests the Company to leave Goods outside of SIS’s premises for collection or to deliver the Goods to an unattended location, then such Goods are left at the Customer’s sole risk, and by engagement with the Company, the Customer accepts and agrees wholly to this responsibility.

Ownership of Goods / Title

SIS and the Customer agree that ownership of the Goods must not pass until the Customer has paid all amounts owing to SIS.

Receipt by SIS of any form of payment other than cash or electronic bank transfer will not be deemed to be payment until that form of payment has been honored, cleared or recognized.

Warranties and Returns

Goods are subject to varying warranties which may be found on quotations of particular Goods. Any purchase of Goods is subject to the relevant warranty as at the date the Customer orders the Goods.

SIS in its absolute discretion, may or may not accept non-defective Goods for return in which case, SIS may require the Customer to pay a handling and restocking fee equal to 50% of the invoiced cost the returned item, plus any freight costs.

Notwithstanding, anything contained in this clause if SIS is required by a law to accept a return then it will only accept a return on the conditions imposed by that law.

  • All sales are final
  • The return of goods shall be at the Company’s sole discretion, and assessed on an individual basis.
  • The Company will endeavor to deliver goods on the date/s requested by the Customer via its third-party delivery system, but accepts no liability if unable for any reason to do so.
  • Risk on the goods shall pass to the Customer upon dispatch from our warehouse.

Cancellation

SIS may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice, it is agreed that SIS must repay to the Customer any money paid by the Customer for the Goods. SIS is not to be liable for any loss or damage whatsoever arising from such cancellation that the Customer may suffer.

In the event that the Customer cancels delivery of Goods, the Customer must be liable for any and all loss incurred (whether direct or indirect) by SIS as a direct result of the cancellation (including, but not limited to, any loss of profits).

General

The failure by SIS to enforce any provision of these terms and conditions must not be treated as a waiver of that provision, nor must it affect the Company’s right to subsequently enforce that provision. If any provision of these terms and conditions must be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions must not be affected, prejudiced or impaired.

The Customer agrees that SIS may amend these terms and conditions at any time. SIS agrees that notification of changes will be distributed to the Customer by email, phone, or any other applicable methos. If SIS makes a change to these terms and conditions, then that change will take effect from the date on which SIS notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for SIS to provide Goods to the Customer.

Neither party must be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

The Customer warrants that it has the power to these terms and conditions and has obtained all necessary authorizations to allow it to do so, it is not insolvent and that these terms and conditions create binding and valid legal obligations on it.

For quotes and queries on our product range, or for something a little out of the box - please contact us directly on 027 274 9150 or via email at info@southislandscientific.co.nz