Terms & Conditions of Sale
MDL Ltd trading as Tenob Wholesale Marine herein described as the “Company” and the person, company or entity with which the Company enters into any contract evidenced by this document is herein described as the “Buyer”. Unless the context otherwise requires “goods” shall mean all goods the subject matter of any contract evidenced by this document.
All orders are subject to and are not binding until their acceptance by the Company and, in the case of Goods not held in stock by the Company, confirmation by the Company. Notwithstanding any arrangement granting credit to the Buyer, the Company reserves the right to accept or decline acceptance of any order in its absolute discretion.
Where Goods are sold by description or by reference to a sample, the Vendor will use its best endeavours to supply Goods complying with such description or sample, however, the Vendor shall not be liable for any variation in the Goods including variations as to make, model, year or composition of the Goods.
- Price and Payment
Payment shall be made in advance of delivery of the Goods, at the time of placing the order. The buyer confirms acceptance of the terms of trade and pricing by providing an order.
The Buyer shall pay the price indicated. All prices quoted are net prices including GST and do not include other taxes or levies, freight or insurance charges or currency exchange fluctuations which, if applicable, will be an extra charge.
Trade customers web margin is non transferrable and will be credited into your trading account with MDL Ltd to be redeem on your next purchase(valid for 6 months from the date of issue). If the aforementioned sale is refunded, MDL ltd has the authority to recall the web margin credit from the selected dealers trading account.
- Risk, Title and Insurance
Notwithstanding anything else herein contained, the risk on any and all goods supplied shall pass to the Buyer on despatch of the goods from the Company’s premises and in particular the Buyer shall be responsible for all goods in transit and shall fully insure them.
Risk of any loss, damage or deterioration of or to the Goods shall be borne by the Buyer from the time of delivery of the Goods into the Buyers care and control and the Buyer shall properly insure the Goods from theft, fire or loss damage. Where the Buyer fails to insure the Goods upon delivery and suffers loss or damage to the Goods, and where the Goods remain unpaid, the Buyer shall agree to pay the Company for the full cost of the Goods. Risk for Goods shall include Goods provided to the Buyer on a consignment or sale or return basis.
The Buyer agrees that the Company has legal and equitable right to title in all and any Goods supplied which remain unpaid and ownership shall only pass to the Buyer when the contract price is paid. For as long as ownership in the Goods is retained by the Company, the Buyer will store the Goods separately and in such a way that they are identifiable as the property of the Company.
Notwithstanding delivery and passing of risk, the legal title to and property in the Products shall belong to the Company until the Buyer has paid the price for the Products together with any duty, GST and any accrued interest and any other amounts due in respect of the Products and all other amounts owed by the Buyer.
The Buyer may not transfer any of its rights or obligations under any contract of sale.
- Return of Goods
The Company will accept goods for credit within 10 days of despatch entirely at the Company’s discretion.
Any goods which the Buyer returns for credit will only be accepted if they are in the original packaging and condition and accompanied by fully completed return material authorization (RMA documentation) showing;
- your name and address,
- our invoice number,
- a reason for return.
For RMA documentation contact firstname.lastname@example.org
The Company shall be entitled to make a 20% restocking fee for returns of such amount as the Company in it’s discretion determines and such charge may be deducted from the cash or amount of credit to which the Buyer may be entitled.
If the above conditions are not fulfilled the Company reserves the right at its option to refuse the return of goods.
- Claims for Damaged or Defective Goods
The Company may, at its discretion, repair or replace any damaged or defective Goods or make a reasonable allowance on the purchase of goods to replace the Goods provided:
(a) The Buyer returns the Goods within ten (10) days of delivery, together with a copy of the invoice and a claim specifically identifying the damage or defect(s); and
(b) The Company has a reasonable opportunity to investigate the claim. All claims for defective Goods must be in writing and delivered to the Company together with the Goods in question for inspection by a designated representative of the Company within ten (10) days of receipt of the Goods. The claim must quote the relevant invoice number. Any claims not made within ten (10) days of receipt will be deemed as waived by the Buyer.
If the Buyer does not comply with the above requirements, the Buyer will be deemed to have accepted the Goods and the Company will not incur any liability whatsoever in relation to the Goods.
Buyer will agree that the Company shall not consider claims from the Buyer in respect of Goods which:
(i) are not intact and in original condition.
(ii) have been improperly stored and suffered damage.
(iii) have been sold to the Buyer on a non-refundable basis.
(v) is more than 10 days after the date of delivery.
(vi) are repaired by the Buyer or a third party without the permission of the Company.
The Company shall have sole right to decide whether Goods are capable of repair and the Company’s liability (if any) in respect of claims arising hereunder shall be limited as follows:
- Where the Goods are capable of repair, to the repair of Goods or the payment of the cost of having the Goods repaired} or
- Where the Goods are incapable of repair, to the replacement of the Goods or supply of equivalent Goods or the payment of the cost of replacing the Goods or acquiring equivalent Goods.
- Warranty Returns
All warranty returns must be accompanied by documentation showing the original purchase date and the invoice number on which the goods were purchased.
The Buyer must return any warranty goods to the Company within the manufacturers’ stated warranty period for the warranty to be valid
- Back ordered Products
The Company will do its best to keep the buyer informed of shipping dates and arrival, however, there are times when the shipping process can be brought forward or delayed by the supplier without prior notice.
The Company reserves the right to limit the amount of a product available. The Company will process the online orders in the order in which they were received. If the Company offers a special promotional item with a pre-order, these items are only available at the advertised price while supplies last.
The Company is not responsible for any consequences due to any items being temporarily out of stock or discontinued.
The Company will make every effort to ensure delivery of Goods on time but will not be liable for any loss or damage or consequential loss to the Buyer arising from delays in delivery.
If the Buyer fails to take delivery the Company has the right to charge the Buyer for costs of storage or transport or both. The Company shall not be responsible for the validity of the person accepting the Goods on behalf of the Buyer at the time of delivery.
Goods that are finished items but only part of an order may be delivered in instalments at the Company’s discretion and in such case, each delivery will be regarded as a separate contract and Goods delivered shall be paid by the Buyer in accordance with the Terms of Payment.
The Buyer acknowledges that the Goods shall be delivered to the Buyer at the time the Goods leave the Company’s premises notwithstanding that the Goods may be in transit or in the possession of the Company’s delivery agent. The Buyer shall pay all delivery and freight costs, charges, taxes or levies. All claims for errors or short delivery shall be made within 7 days of delivery. The Company will use its best endeavours to deliver Goods in the timeframes stipulated by the Buyer in its order, however, the Company shall not be liable for any loss to the Buyer caused by any delay and the Buyer shall not be entitled to cancel the order.
- Company Guarantee & Liability
The Company shall not be liable for any breach or failure to perform any of its obligations under this Contract where such breach or failure is caused by war, civil commotion, hostilities, strike or lockout, act of God, fire, governmental regulations or directions, or any other cause force majeure beyond the Company’s reasonable control. The occurrence of such an event shall not give the Buyer a right to cancellation of the contract
- Applicable Law for Dispute and Arbitration
In the event of any dispute between the Company and the Buyer arising out of this Agreement, the substantive laws of New Zealand shall apply and such dispute shall be referred to a Mediator to be agreed between the parties and the costs of mediation shall be equally shared and upon failure to accept the resolution of the Mediator shall be referred to an Arbitrator to be agreed between the parties and the costs of arbitration shall be equally shared and upon failure to reach agreement arbitration will be conducted in accordance with the New Zealand Arbitration Act 1996 and any amendments thereof and such arbitration and legal hearings shall be conducted in New Zealand.
The applicant acknowledges having read and understood these Terms and Conditions of a trade by proceeding with the purchase.