Terms & Conditions

Freight

Freight is included on all orders in excess of $1,000.00 with the exception of orders for solar equipment, Emmeti insulating floor panels and SunFlow®RetroRadiant Floor Heating provided that:

1. The order is delivered via standard freight services and is delivered to the Dealer’s place of business. Rural deliveries are excluded.
2. Deliveries by Courier Service are excluded.
3. Goods being returned are excluded.
4. Unless stated otherwise, prices listed are per each.

1. General

1.1 The following terms and conditions apply to all orders placed by the Customer and all goods supplied by Heating Partners Ltd., hereafter called the Supplier.

1.2 Notwithstanding clause 1.1, the Supplier may by written notice to the Customer alter or replace these terms and conditions. All orders placed subsequently by the Customer shall be upon the altered or replaced terms and conditions.

2. Prices and Orders

2.1 All prices are exclusive of GST unless otherwise stated. GST will be added to the price at the checkout.

2.2 Every attempt will be made to supply goods at the price quoted, however prices are subject to change without notice and the price will be the prices ruling at the time of despatch.

2.3 No order shall be binding on the Supplier until accepted in writing by the Supplier or a person authorised on its behalf. 

3. Payment

3.1 Payment is due in accordance with the terms set out in the Customer’s account application or if no such terms are stipulated, by the 20th day of the month following the date of purchase.

Payment is to be made without deduction or set off.

3.2 Where any payment is not made on the due date, then without prejudice to any other rights or remedies available to the Supplier under these terms and conditions or at law or in equity or otherwise the Supplier may:

3.2.1 Charge interest, by way of liquidated damages, on all overdue accounts at the rate of 1.5% per month calculated on a daily basis from the date on which payment was due until payment is made;

3.2.2 Withhold deliveries or cancel undelivered orders or portions of such orders, retain as liquidated damages any monies paid by the Customer and sue the Customer for damages;

3.2.3 Cancel any other order or contract or arrangement between the Supplier and the Customer or suspend the performances of such order, contract or arrangement pending payment without being liable to the customer for any losses of any kind that it might suffer.

3.3 The Customer shall upon demand reimburse the Supplier for all costs (including legal costs on a solicitor/client basis), expenses or other sums incurred by the Supplier in the recovery of the monies due and/or the goods, which sum shall also carry interest at the rate specified in clause 3.2.1 if unpaid within one calendar month of demand having been made.

3.4 The Supplier shall be entitled to apply or appropriate any payments to any account of the Customer. Should the Customer have a number of accounts the Supplier may combine any accounts and offset any amount between accounts.

3.5 The Supplier reserves the right to impose a credit limit at any time, which may be altered or withdrawn at the Supplier’s discretion with effect from the date that the Supplier notifies the Customer of such change.

3.6 If at any time it deems the credit of the Customer to be unsatisfactory the Supplier may require security for payment and may suspend performance of its obligations under the contract until the provision of sufficient security. All costs and expenses of, or incurred by, the Supplier as a result of such suspension and any recommencement shall be payable by the Customer upon demand.

4. Delivery and Returns

4.1 The time stated for delivery is an estimate only and shall not be of the essence to the contract. Unless the Supplier has agreed to deliver the goods to the Customer’s premises, delivery obligations shall be limited to making the goods available at the Supplier premises. Where the Supplier has agreed to deliver the goods to the Customer’s premises, the Customer shall ensure that the carriers will have uninterrupted access to the Customer’s premises to enable the goods to be delivered by the carriers. Where the goods are not collected by the Customer within seven days of notification that the goods are available for collection or, where the goods are to be delivered to the Customer’s premises and access is not provided to the carriers the Customer shall pay the Supplier upon demand such amount calculated by the Supplier as will compensate the Supplier and the carriers for wasted time and expenditure and any storage charges.

4.2 Where the Supplier has agreed to deliver the goods to the Customer’s premises the Supplier will pay for standard transportation costs on orders over $1,000.00 in value, excepting orders for solar product and insulating floor panels, unless otherwise agreed between the parties in writing.

4.3 The Customer will promptly check for correctness of deliveries made by the Supplier. No liability will be accepted for any shortages, breakages, or defective goods unless the Supplier is notified in writing within 24 hours of delivery. Returns will only be accepted within one month from the date of invoice and must be accompanied by a copy of the invoice. A 10% re-stocking fee is charged unless otherwise agreed.

4.4 Orders may not be cancelled and goods returned for credit except in accordance with clause 4.3.

5. Risk and Ownership

5.1 Risk in any goods supplied by the Supplier to the Customer shall pass when the goods are delivered to the customer or into custody on the Customer’s behalf and it shall be the Customer’s obligation to insure the goods from that time.

5.2  Title to and ownership of the goods shall not pass to the Customer until all monies payable to the Supplier (whether for the goods or otherwise) have been paid by the Customer in full. Until title in the goods passes to the Customer, the Customer must:

5.2.1    Keep the goods in good condition;

5.2.2 Keep the goods fully insured to their full replacement values against all risks;

5.2.3 Not encumber the goods in any way; hold and keep the goods separately from other property in the possession of the Customer and in a manner that enables the goods to be easily identifiable as goods supplied by the Supplier.

5.3 If the Customer resells the goods or any of them before payment is made the Customer shall hold the proceeds of resale of the goods or any of them in trust for the Supplier and account to the Supplier for all monies owed by the Customer to the Supplier. If the Customer resells the goods or any of them so as to create a debt owed to the Customer, the Customer hereby assigns all legal and equitable title to that debt to the Supplier and the Customer hereby irrevocably appoints the Supplier as its attorney with all powers permitted by law for a purpose of effecting any such assignments and recovery of any such debt in the name of the Customer for the benefit of the Supplier.

5.4 The Supplier shall be entitled to repossess all goods which it claims belongs to it at any time without notice and for such purpose it shall be lawful for the Supplier and/or its agent to enter any premises where such goods are or are believed to be and to remove such goods. The Customer indemnifies and agrees to hold harmless the Supplier against any damage howsoever caused in relation to such entry and removal including consequential loss or damage to any third party or to the Customer.

6. Personal Property Securities Act 1999

6.1 The Customer acknowledges that the Supplier holds a “security interest” in the goods and any proceeds of the sale of the goods pursuant to Section 17 of the Personal Property Securities Act 1999 (“the PPSA”) and that the Supplier may register a financing statement in respect of the goods and any sale proceeds (together with any other goods and any sale proceeds of those goods) in accordance with the provisions of the PPSA.

6.2 The Customer waives its rights to receive a verification statement in respect of any financing statement or financing change statement registered by the Supplier under clause 6.1.

7. Branded Material

7.1  The Supplier may from time to time loan marketing and promotional materials accessories and products bearing brands exclusively marketed through the Supplier to the customer. The Customer shall use such materials and products only to serve or promote the product associated with that brand. If any such materials or products require replacement or renewal of parts during the time it is in possession of the Customer, then the Customer will pay the costs of the renewed or replaced parts whether or not the need for renewal or replacement arises during the course of normal use and general wear and tear or as a result of misuse by the Customer. The Supplier may demand return of any such materials and products at any time. The Customer will pay for any materials and products not returned to the Supplier

8. Warranties and Liabilities

8.1 Save for any warranties and conditions conferred in writing by the Supplier on the Customer in relation to particular goods sold by the Supplier to the Customer. The Supplier make no representation and gives no assurance, condition or warranty of any kind to the Customer (including any assurance, condition or warranty implied by law to the extent that the assurance, condition or warranty can be excluded) in relation to the goods and accepts no liability for any assurance, condition, warranty, representation, statement or term not expressly set out in these terms and conditions. The Customer specifically acknowledges that where it is requiring the goods for business purposes the provisions of the Consumer Guarantees Act 1993 are excluded.

8.2 The Supplier will replace with reasonable despatch any defective goods subject to compliance by the Customer with the provisions of clause 4.3.

8.3 The benefit of any warranties and conditions conferred by the Supplier on the Customer are personal to the Customer and are not assignable.

8.4 Subject to the provisions of the Fair Trading Act 1986, the Supplier shall not be liable to the Customer or any other person for any indirect or consequential loss or damage of any kind arising out of defective goods or any breach by the Supplier of its warranties or conditions or obligations under these terms and conditions or negligence or otherwise and regardless of the legal basis of any claim, the Supplier’s maximum liability to the Customer under any circumstances is limited to a sum not exceeding the invoiced value of the goods.

9. Information

9.1 The Customer authorises:

9.1.1 The Supplier to obtain any information concerning the Customer’s affairs that the Supplier deems necessary.          

9.1.2 Any reputable credit agency and any other person to provide the Supplier with any information which the Supplier regards as relevant to the Customer’s credit activities and credit worthiness.

9.1.3 The Supplier to provide to any credit reporting agency and any other person any information about the Customer’s credit activities and credit worthiness.

9.1.4 The Supplier to utilise any information provided by the Customer for the purpose of marketing its goods or services.

9.2 To the extent required under the Privacy Act 1993 the Customer is entitled to have access to and to request correction of personal information concerning the Customer which has been collected by the Supplier.

10. Force Majeure

10.1 The Supplier shall not be responsible to the Customer for failure to perform any of its obligations due to causes beyond its control including work stoppages, fires, civil disobedience, riots, rebellions, acts of God and similar occurrences. In such circumstances the Supplier shall have the right at its discretion to delay the performance of its  obligations until such causes cease or to cancel the whole or any part of the contract without incurring any liability to the Customer.

11. Governing Law

11.1 These Terms and Conditions are governed by the laws of New Zealand