Scott Machinery Ltd Terms & Conditions of Trade
1. Prices
All prices are based on the following:
GST Exclusive - prices do not include goods and services tax.
Validity for stock items is 30 days, (subject to prior sale).
Exchange rate for indent items is calculated on the day of quotation. Scott Machinery Ltd reserve the right to amend final pricing to the exchange rate on the day the order is confirmed.
Deliveries times for indent items are based on information from the manufacturer to Scott Machinery and are passed on in good faith. Scott Machinery Ltd is not liable for delays or cancellations, unexpected or otherwise, that are beyond their control.
Specifications: all manufacturers reserve the right to alter specifications. It is up to the buyer to satisfy themselves of the machine's specifications and suitability for their application.
Installation, foundations, unloading, unpacking, positioning, cleaning, assembly, commissioning, training or service costs are not included. These are the sole responsibility of the customer.
Oil is not supplied with goods; they are supplied ‘dry', because of local transport regulations. It is the customer's responsibility to obtain and fill the equipment with the appropriate oils and cutting fluids.
Electrical supply, plugs, cables, and connection to the electrical cabinet or connection point is the customer's responsibility, as is a clean, dry air supply if required.
Tooling and tool holding is the responsibility of the purchaser.
Guarding of the work stations of the machine, tooling, or feeding systems cannot be considered the responsibility of Scott Machinery Ltd. It is the responsibility of the purchaser to satisfy Worksafe New Zealand requirements and AS4024 standards.
2. Payment
Standard terms are: payment in full prior to delivery of goods. Otherwise payment is due as per the terms set out on the invoice. For customers that hold a credit account, smaller goods (not machines), can be put on account, with payment required in full on or before the 20th day of the month following date of invoice.
Deposits received are not refundable and are considered an irrevocable commitment to the purchase.
Interest at a rate of 2.5% per month may be charged on any amount owing after the due date.
All debt collection charges will be payable by the customer in default of payment. This may include any debt collection agency fees, court costs or solicitor's fees.
The customer may not counter claim or off-set payments due to Scott Machinery Ltd.
Title or Ownership of the goods remains the property of Scott Machinery Ltd until paid in full.
3. Delivery
The responsibility and transit liability of the goods will pass to the purchaser immediately on leaving Scott Machinery Ltd premises. All transport related costs are the purchasers' care. Insurance for transportation and installation is highly recommended. In the unfortunate case of transit damage, our assessment and repair is strictly treated as a different contract and chargeable. Claims for the damage should be made to the appropriate party.
4. Commissioning
Commissioning is only included when it is specifically part of the purchase agreement. When included, Scott Machinery's engineer will start the machine, demonstrate the key features of the machine, and cover all the relevant issues. We are not obliged to manufacturer any components, products or prototypes. Tool setting and tool choice is the responsibility of the purchaser.
5. Warranty Terms
New machines, parts and accessories are covered by the manufacturer's warranty for faulty workmanship or materials for the lesser of 12 months or 2000 hours from date of purchase. Should parts fail under these circumstances, they will be replaced free of charge. The cost of parts only is covered by the warranty and all faulty parts must be returned to Scott Machinery. Parts may be repaired at our discretion.
The warranty is subject to fair wear and tear and correct use for their intended purpose. The warranty excludes all edged tooling (cutting blades), light bulbs, and belts. The warranty period is non-transferable if the machine is on-sold.
The warranty does not apply in the following cases:
- (i) Where the goods have been subjected to any misuse, lack of maintenance, servicing, or handling which is contrary to or outside normal use.
- (ii) Where the goods have, (without the seller's prior written consent), in any way been altered, modified or tampered with in design or construction by the customer.
- (iii) Continued use of any goods after any defect becomes apparent or should become apparent to a reasonably prudent operator or user.
- (iv) If in the seller's opinion any defects are of a cosmetic or non-substantial nature.
Used machines, parts, and accessories are NOT covered by a manufacturer's warranty or any other warranty and are sold on an “as is, where is” basis. It is the purchaser responsibility to ensure that the item is fit for purpose. Items are generally given a basic operational workshop test. If items received are not suitable, a refund is available on the following conditions:
- (i) Scott Machinery receives written notification of unsuitability within 7 days of receiving the item.
- (ii) Scott Machinery receives the returned item in the same condition as it was sent, within a further 7 days.
- (iii) All freight costs are paid by the customer.
Warranty services will be provided with minimum delay. While every effort will be made to ensure this, the time frame on completion of the solution is very dependent on the fact of sourcing the replacement parts and technical support. The purchaser cannot arrange a third party or its own serviceman to fix the problem and then claim for warranty, without Scott Machinery's written approval. Warranty does not cover the following:
- (i) Failure due to incorrect usage or human error.
- (ii) Obtaining or improving features not in the original agreement.
- (iii) Software is not a product; bugs, glitches, etc which do not interfere with the major operation are not considered as warranty issues.
Consumer Guarantees Act 1993 does not apply where the customer acquires goods or services from the seller for the purposes of a business.
6. Claims / Returns
ll claims and missing items are to be reported within 14 days of receiving the goods. No goods will be accepted for return (credit) unless with written permission of our management. Indent and procured items cannot be returned for credit. In the special case of goods being accepted for return, a restocking charge of 15% applies, goods must be received in the original condition, and all freight costs are paid by the customer.
7. Specification Accuracy
Effort has been made to ensure the specifications and features of goods on the website and quotations are correct and up-to-date. However Scott Machinery does not guarantee that all information on the website is up-to-date, and reserves the right to modify those specifications without any further notice. If any specifications are considered critical to the customers purchase, please notify Scott Machinery Ltd so that we can arrange for these specifications to be confirmed to you in writing.
8. Limitation of Liability
Scott Machinery Ltd shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of the seller's obligations or in tort. Where Scott Machinery is liable to the customer, the maximum cost of any liability shall not exceed the value of the goods or services provided. If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of this agreement remains in force.
9. Privacy Act 1993
The customer permits the seller to collect, use and retain any information concerning the customer, for the purpose of assessing the customer's credit worthiness, to enforce any rights under this contract, or the marketing of any goods and services provided by the seller to any other party. The customer permits the seller to disclose information obtained to any person for the above purposes.
10. Personal Property Securities Act 1999
The customer agrees that the provisions herein constitute a Security Interest in Personal Property, (as those terms are defined in the Act), in respect of which the seller may register a financing statement on the Personal Property Securities Register.
11. Jurisdiction
The contract shall in all respects be deemed to be a contract made in New Zealand and the validity, construction and performance of the contract shall be governed by New Zealand law.
12. Acceptance
Any instructions received by Scott Machinery Ltd from the customer for the supply of goods shall constitute acceptance of the terms and conditions.
The seller reserves the right to review and change these terms and conditions at any time. Our current terms and conditions will be on the reverse of our invoices or at www.scottmachinery.co.nz/terms