Terms & Conditions
Unless inconsistent with the context:
‘Agreement’ shall mean and include the terms and conditions contained herein and on the following pages
‘Company’ shall mean and include Timec Limited Trading as Battery Warehouse
‘Customer’ means and includes any natural person, company, partnership or other entity which enters into this Agreement with the Company
‘Goods’ means the goods and/or services supplied by the Company pursuant to this Agreement.
‘GST’ means goods and/or services tax.
2. Exclusion of inconsistent terms
Any terms and conditions of the Customer’s order deviating from or inconsistent with these terms and conditions (including any statement by the Customer that the Customer’s terms and conditions shall prevail) are expressly excluded. Subject to Clause 14, this Agreement constitutes the entire agreement between the parties.
3. Formation of Contract
A contract shall only be or be deemed to have been entered into between the Company and the Customer for the sale of Goods when, upon an order having been placed with the Company for Goods, that order has been accepted by the Company either in writing or by conduct.
4.1 ‘Price’ means, unless the contrary intention appears, the Price for which a good (or goods) is sold pursuant to the Terms and Conditions and is the amount payable by the customer, inclusive of any GST payable by the company in respect of the sale. All prices are in NZD (New Zealand dollars).
4.2 The Customer shall pay the cost of delivery or freight unless otherwise agreed in writing.
4.3 Prices are subject to change without notice. List and retail prices are recommended only.
5.1 The Company will make every effort to provide you with an error-free catalog and website. If there is an error, we are responsible for correcting the misprint or pricing to reflect the actual current status. Pictures are provided for illustration purposes only, and may not be exact. Illustrations are provided to display the products, and may include items not necessarily included in the purchase price.
Specifications may change without notice. Items on the web site come from various sources. We’re bound to fluctuating currency exchange rates which occasionally affect prices. And some products are discontinued without our prior knowledge. All items offered for sale are subject to availability. If we find an item in your order has changed, we’ll notify you immediately. Our website content is intended to be a guide only. Some item illustrations are for display purposes only, may not be exact, and are not necessarily included in the purchase price. The Company is not responsible for typographical or pictorial errors, and specifications may change without notice.
5.2 All items offered for sale are subject to availability. Many items on our Web site or catalog site come from various sources. The Company is therefore bound to fluctuating currency exchange rates, making it necessary to occasionally increase prices. In addition, some domestic and overseas products may be discontinued without our prior knowledge. Should this apply to your order, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We make every effort to provide you with an error-free Web site. However, in the event there is a misprint, we reserve the right to correct copy or pricing to reflect the actual current status.
Order confirmations do not guarantee our acceptance of your order, nor does it constitute confirmation of an offer to sell. The Company reserves the right to decline and cancel an order, or supply less than quantity ordered at any time.
6. Supply and Delivery
Allow 1-2 days working days after the day of order for delivery. Allow 2-4 days for rural or remote deliveries. Batteries are only delivered within New Zealand. Namely North, South and Stewart Islands.
- the company has insufficient goods to fulfil the order;
- the goods ordered have been discontinued;
- the Company has determined in its absolute discretion that credit should no longer be extended to the Customer
- terminate or cancel this agreement;
- claim any loss or damage howsoever arising.
The Company will not be held responsible for any theft or damage if you provide us with the authority to leave your parcel at an unattended address. All risk in the parcel will remain with you upon delivery and the Company will not offer a replacement or refund for any loss or damage as a result of selecting to leave your parcel without a signature.
6.1 The company reserves the right to:-
(a) withhold supply to the Customer where:-
(b) deliver by instalments and such right shall not entitle the Customer to:-
6.2 The goods shall be at the Customer’s risk from the time of delivery to the Customer or its agent.
6.3 Claims for shortages in delivery or damage to goods may only be made within two business days from the date of delivery.
7. Proper Law
The contract between the Company and the Customer shall be governed and construed according to the Laws of New Zealand and the Customer agrees to submit to the jurisdiction of the courts located in the city of Tauranga
The Customer shall indemnify and keep indemnified the Company from and against all losses, claims, proceedings, damages, costs and expenses in respect of or arising directly or indirectly from.
(a) the goods or their use;
(b) from any advice given to the Customer by the Company save and except as provided for in paragraph 14;
(c) any breach by the Customer of the terms of this agreement.
If for any reason any part of these terms and conditions would render the Agreement ineffective, void, voidable, illegal or unenforceable, that part shall, without in any way affecting the validity of the remainder of the Agreement, be severable herefrom and the Agreement shall be read and construed and take effect for all purposes as if that part were not contained herein.
10. Ownership of Goods
10.1 All Goods supplied by the Company to the Customer shall remain the property of the Company until all monies have been paid in full (including all charges made in accordance with clause 5) and all cheques and all other negotiable instruments have been cleared. Pending legal and beneficial ownership of the goods passing to the Customer, the Customer must not encumber the Goods in any way.
10.2 Until the payments referred to in Clause 10.1 above are received by the Company, the Customer shall hold the Goods as fiduciary bailee and agent of the Company, and as an incident of the said fiduciary, bailment and agency relationship, but without limiting the generality of the foregoing, the Company’s representatives shall be entitled to enter upon premises owned or occupied by the Customer to inspect the Goods.
10.3 If the Customer –
(a) makes default in any payment due under this Agreement under which payment is due to the Company in respect of the supply of goods;
(b) (in the opinion of the Company’s Credit Manager or equivalent officer) is, or is likely to become, bankrupt or insolvent;
(c) has a receiver, administrator, trustee or similar officer appointed over its property;
(d) disposes of, or threatens to dispose of, its assets other than in the ordinary course of business the Company’s representatives may (without prejudice to any other rights of the Company), with or without notice, and forcibly if necessary, enter upon any premises owned or occupied by the Customer where the Company’s Credit Manager or equivalent officer reasonably believes the Goods may be stored and recover, and do all things necessary to recover the Goods.
10.4 The Customer-
(a) hereby irrevocably authorises the exercise of the Company’s powers under Clause 10.3 above and agrees that the Company shall not be liable for any loss, damage, expense or cost whatsoever suffered or incurred by the Customer as a result of the Company or its agents exercising the powers conferred on the Company under Clause 10;
(b) agrees that it shall not subject the Company or the Company’s agents to any claim or action whatsoever, whether tortious or otherwise, in instances where the Company takes possession of goods owned by the Customer in the reasonable belief that such goods are the Goods. Upon receipt of evidence from the Customer which satisfies it that the relevant goods are not the Goods, the Company shall make the goods available for collection by the Customer.
10.5 Where the Goods are part of a product line that is also comprised of goods that are owned by the Customer (for example, because other suppliers also supply the Customer with that product line) the Customer confirms that it will not deal with the Goods in any way that is inconsistent with the Company’s ownership of the Goods and acknowledges the applicability of the following legal principles if, at the time when the Company seeks to recover the Goods, the Goods have nevertheless been commingled with other goods in the same product line –
(a) if there is sufficient stock of the product line to satisfy in full the interests of both the Company and the Customer, the principle that the Company and the Customer become tenants in common of the stock in that product line in portion to their respective contributions;
(b) if the residual stock of the product line is insufficient to satisfy in full the interests of both the Company and the Customer, the legal principle that, as an incident of the Customer’s obligations as fiduciary bailee and agent in respect of the Goods, the Customer will be presumed to have disposed of that part of the product line that is comprised of its own goods prior to disposing of the Goods; This Clause
10.5 does not purport to confer on the Company any contractual rights but serves as confirmation of the Company’s rights at law and in equity.
10.6 It is not intended by the Company or the Customer by supplying or accepting Goods on the conditions of this Clause 10 to create a charge, mortgage or other mere security interest over any Goods supplied.
The waiver by the Company of any breach by the Customer of any term of this Agreement shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any other or subsequent breach.
12.1 The Company reserves the right in its complete discretion to refuse to accept any returns whatsoever.
12.2 If the Company for any reason elects to take back any of the Goods, such return shall be on such terms as the Company is willing to accept and a re-stocking fee of not less than 5% of invoice value (inclusive of GST) shall apply.
12.3 Goods returned shall be at the Customer’s expense.
12.4 Goods returned must have been purchased from the Company, be in original packages and saleable condition and the relevant invoice number supplied.
12.5 No credit will be issued for goods returned after 14 days from receipt or for goods supplied specially to the Customer’s requirements.
12.6 The Customer shall be deemed to have been given notice under Clause 16 of any change to the Company’s returns policy.
13. Cancellation of Order
The customer may cancel the order prior to the goods being handled by dispatch.
Any sample, catalogue or brochure shown to the Customer is solely for the purpose of enabling the Customer to judge the normal commercial quality and finish of the Company’s products and not so as to constitute a sale by sample or a sale by description nor does the Company warrant or agree that the bulk of the Goods sold conform with any such sample or description.
15. Implied terms
15.1 Except as required by statute (including the Consumer Guarantees Act 1993), all implied conditions and warranties are here by excluded. Subject to the extent that such conditions and warranties cannot be excluded under statute (including the Consumers Guarantees Act 1993), the Customer’s sole and exclusive remedy for any breach of a condition, warranty or undertaking hereunder (whether direct, indirect, special or consequential) shall be limited at the sole discretion of the Company to any one of the following:-
(a) in the case of goods:-
- the replacement of goods or supply of equivalent goods;
- the repair of the goods;
- tthe payment of the cost of replacing or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
(b) in the case of service:-
- the supply of the services again; or
- the payment of the cost of having services supplied again.
15.2 Except as required by statute (including the Consumers Guarantees Act 1993) the Company does not accept any liability for any direct, indirect or consequential loss or damage caused to the Customer or any other person which arises out of the negligence or carelessness of the Company or any of its employees, servants or agents. For the purpose of the foregoing ‘consequential loss’ shall include, but not be limited to, loss of profit or goodwill (or similar financial loss), any payment made or due to any third party and any loss or damage caused by delay in the supply of goods or services.
15.3 Nothing in this agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to this Agreement of all or any of the provisions of the Consumer Guarantees Act 1993 or any other relevant Act which by Law cannot be excluded, restricted or modified.
16. Privacy and Security
The Company is committed to protecting our customer’s privacy. The Company will never distribute any personal information to third parties under any circumstances. The information we collect is used solely to process your order and stay in touch with you. Credit and Debit card payments are securely processed. For your privacy, no card details are stored by the Company.
17. Changes to the particulars of the proprietors or the business.
The Customer hereby undertake to advise the Company within 7 days by certified mail of any actual or proposed change in:-
(a) the address of the business and the address at which the Goods will be located (if it differs to the business address);
(b) the trading name of the business;
(c) the person(s), the Directors, the Trustee or the partnership conducting the business;
(d) the proprietorship of the business in that the business is converted into a trust or company or is sold to a trust or company. The Customer further accept and agree that where such a change occurs the Company will require that a new application for credit facilities will be sought and considered and the Customer will sign all documents and do all acts and things appropriate to such new application for credit facilities.
All notices between the Company and the Customer shall be considered to have been sufficiently delivered if mailed in the ordinary course of post or facsimile to the last known address of the Company or the Customer, whichever may apply. Notices shall be deemed to have been delivered two (2) days after mailing; and in the case of facsimile upon completion of the transmission. The customer hereby charges all of his/her or its property both real and personal with the amount of any indebtedness to the Company and such charge is separate and distinct from the reservation of title to the Goods referred to above.