TERMS & CONDITIONS OF TRADE

  1. Application of Terms & Conditions
    These terms and conditions apply to your use of Maximus Scales Limited’s website (Website) and the purchase of goods from Maximus Scales Limited (‘MSL’).  MSL reserves the right to change the terms and conditions at any time.  Any changes will be effective for all new orders placed after the revised terms and conditions have been published on the Website.
     
  2. Use of Website and Availability of Goods
    MSL tries to ensure that all information on the Website, including description of goods and listed prices, are accurate and correct at all times.  However, mistakes or errors may occur from time to time.  MSL does not accept any responsibility for loss suffered as a result the customer’s reliance on the accuracy or currency of the information contained on the Website.  Buying goods over the internet provides a different shopping experience from buying in store.  In particular, customers should be aware that: the sizes, shapes and colours of the goods may differ in real life from how they appear on the customer’s computer screen.  The customer is responsible for checking that the actual size and specification of the goods is suitable for purpose.  Goods are subject to availability.  MSL does not provide any guarantee that it will be able to supply a customer’s order.  MSL reserves the right to withdraw any goods from sale at any time, and MSL’s only liability to a customer for withdrawing any goods will be to refund any money paid to MSL in respect of those goods which are no longer available. MSL does not give the customer any assurances that the information contained or goods advertised on the Website are or will be suitable for the customer’s purposes.  MSL does not warrant that goods acquired from MSL over this Website will meet the customer’s requirements.  The customer agrees that the customer has relied upon the customer’s own independent assessment when purchasing goods.
     
  3. Order of Goods
    Placement of an order with MSL constitutes an offer to purchase goods.  Acceptance of a customer’s order will take place only when MSL dispatches the goods.  No contract is formed until MSL dispatches the goods.  MSL reserves the right, at its sole discretion and without need to give reasons, to decline any offer at any time before it has been accepted by MSL.  Should MSL decline a customer’s order MSL shall notify the customer as soon as reasonably possible and refund any payment made by the customer in respect of the goods within 3 working days.
     
  4. Pricing
    All prices shown on the Website are in NZ dollars, are GST exclusive and exclusive of freight and/or handing charges. Prices are subject to change without notice. GST, freight and handling charges (if any) will be added to the cost of the order and confirmed on the checkout screen, or by email/fax, prior to payment for the goods.
     
  5. Payment
    Unless MSL has agreed to provide goods on credit and a credit application form has been completed and accepted by MSL (‘Credit Customers’), payment shall be made at the time the order is placed.  Payment is by way of credit/debit card only.  Orders are subject to payment verification and acceptance before they are dispatched.
     
  6. Credit Customers
    MSL is under no obligation to supply Goods on credit to Credit Customers.  If MSL chooses to do so, the provisions of these terms and conditions apply. Credit Customers shall be invoiced for goods purchased on the Website (including GST and delivery fees).  The Credit Customer agrees to pay for all goods supplied from time to time by MSL (including GST and delivery fees) on or before the 30th day following the date of invoice for the goods.  Default interest shall be payable at 2% per annum above MSL’s bankers commercial overdraft interest rate on all payments in arrears calculated from the due date for payment until the date of actual payment.
     
  7. Delivery
    The prices for the goods shown on the Website do not include the delivery fee. The total price payable for the goods (including GST and freight and handling charges) shall be will be added to the cost of the order and either confirmed:
    a. on the checkout screen prior to paying for the goods via the Website; or
    b. by email /fax prior to payment of the goods for Credit Customers.
    The delivery fee is calculated according to weight, size, nature and value of the goods.  MSL may increase the delivery fee if the order requires multiple deliveries, or if the value of the order or quantity or size of the goods is such that MSL reasonably considers that it is appropriate to recover (or partially recover) additional expenses in delivering the goods (for example Saturday delivery).  The order acknowledgement will indicate an estimated delivery date for the goods.  MSL will endeavour to arrange delivery within New Zealand within 3 working days from the date of despatch to urban areas and 5 days to rural areas.  However, the customer acknowledges that deliveries are determined by the courier company and the customer further acknowledges that MSL is not liable for any delay in delivery beyond the estimated delivery date.  If delivery of the goods is delayed for any reason whatsoever MSL will not be liable in any way for loss of revenue or profits or any consequential loss or damages for failure to deliver on such date.
     
  8. Insurance
    All goods are carried at the customer’s risk and the customer is responsible for any insurance of goods (if required).   Credit Customers shall insure and keep insured the goods to the full price against all risk until payment for the goods in full has been received by MSL.
     
  9. Ownership of Goods
    The legal and beneficial ownership of goods does not pass until payment in full has been received by MSL. The customer acknowledges that this clause creates a security interest (“Security Interest”) (as that term is defined in the Personal Property Securities Act 1999 (“PPSA”)) in the goods. The customer agrees, at MSL’s request, to promptly execute any documents, provide all necessary information and to do anything else required by MSL to ensure that the Security Interest constitutes a perfected security interest which will have priority over all other Security Interests in the goods. The customer shall not charge the goods in any way nor give any interest in the goods to another person while they remain the property of MSL. The customer agrees, to the extent permitted by law, the customer shall have no rights under the following provisions of Part 9 of the PPSA to:
    a. receive a notice under s114(1)(a);
    b. receive a statement of account under s116;
    c. surplus distributed under s117;
    d. recover any surplus under s119;
    e. receive notice of any proposal of ours to retain collateral under s120(2);
    f. object to any proposal of MSLs to retain collateral under s121;
    g. not have goods damaged in the event that MSL were to remove an accession under s125;
    h. receive notice of the removal of an accession under s129;
    i. apply to the Court for an order concerning the removal of an accession under s131; and
    j. redeem collateral under s132;
    k. reinstate the contract under s133.
    The customer further agrees that where MSL has rights in addition to those under Part 9 of the PPSA, those rights shall continue to apply. The customer waives the customer’s right under the PPSA to receive a copy of any Verification Statement (as that term is defined in the PPSA). Any and all costs associated with any recovery are to be borne by customer (including solicitor and client costs).
     
  10. Product Warranties
    MSL’s warranty policy covers goods for 12 months from the date of purchase.  Warranty claims cover any fault, defect or failure occurring as a result of the manufacturing process only.  Damage or faults occurring as a result of misuse, accident, or wear and tear is not covered by MSL’s warranty. MSL shall, at its option, repair or replace any defective goods provided that the goods have not been subjected to improper use and that the claim is within the provisions of the warranty applicable to the respective products. Proof of date of purchase may be requested by MSL to support any warranty claim.  If the customer feels that good(s) have a fault that is covered under a warranty, the customer is to contact MSL with as much detail as possible (including a photograph of the issue if possible) or appropriate.
     
  11. Returns
    Subject to MSL’s obligations under the Consumer Guarantees Act 1993 (if applicable), MSL reserves the right at its absolute discretion to accept a return of the goods supplied provided the goods are unused and in the original packaging with the labels attached and they are returned to MSL within 14 days of the date of dispatch of the goods.  MSL will at its discretion refund or exchange the goods as appropriate.  MSL is not responsible for the return delivery costs other than for incorrect or faulty goods and MSL is not responsible for any shipments that fail to reach MSL.  Please contact MSL before returning any goods.
     
  12. Consumer Guarantees Act
    Products sold by MSL may be covered by the Consumer Guarantees Act 1993 where goods are being purchased for personal use.  If the goods are being purchased by the customer for business purposes, the Consumer Guarantees Act 1993 will not apply. Any dispute that may arise in relation to MSL’s goods and services will be determined by the courts and tribunals of New Zealand under New Zealand law and by making an order with MSL the customer agrees that the laws of New Zealand govern the contract and/or other matters with MSL or relating to MSL or any of its goods or services.
     
  13. Copyright
    All content on this Website (including but without limitation, all trade marks, copyrights, patents, confidential information, designs, trade secrets, know-how, software, whether registered or unregistered) is MSL property or are licensed to MSL and are protected by copyright and other intellectual property rights including trade mark registration.  The customer may not in any form or by any means adapt, reproduce, store, distribute, display, publish or create derivative works from any part of the Website or goods advertised or provided to the customer by MSL.
     
  14. Liability
    MSL’s entire liability to the customer under these Terms and Conditions shall be limited to the price paid for the goods the customer has purchased through MSL in relation to the order upon which liability has arisen.   MSL will not be liable to the customer for any loss of revenue, profits, anticipated savings, goodwill or business opportunity, for any injury to the customer’s reputation or any indirect or consequential losses, liabilities, cost or expense.  MSL is not responsible for any delay or failure to comply with these Terms and Conditions if the delay or failure arises from any event which is beyond MSL’s reasonable control.  Such events include (but are not limited to) fires, floods, earthquakes, storms, natural disasters, war, civil unrest, acts of terrorism or malicious damage to or destruction of our premises, equipment or goods, or interrupted or lost internet connection.
     
  15. General
    The failure of MSL at any time to insist on performance of any provision of the Terms and Conditions is not a waiver of its right at any later time to insist on performance of that or any other provision of the Terms and Conditions.  In the event that one or more of the terms set out in the Terms and Conditions is held to be invalid by a competent authority, the remaining terms shall continue to have effect and the customer will still be bound by them.