Terms & Conditions of Use & Trade
WEB USER TERMS & CONDITIONS (scroll down page for general terms & conditions of trade)
1. In General
In these Terms of Service, “we”, “us”, “our” or “Wolfmach” means Wolfmach . Access to and use of this Website and the goods and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices including the general terms and conditions of trade section where applicable (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. It is the responsibility of the user to check this page regularly and take notice of any changes we may have made to the Terms of Service.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Wolfmach will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Wolfmach or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Wolfmach and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Wolfmach or its licensors. No licence or consent is granted to you to use Wolfmach marks in any way, and you agree not to use these marks or any marks which are similar without the written permission of Wolfmach.
Where you register for any area of this Website, the following terms and conditions apply.
– You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
– Wolfmach reserves the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
– If you use multiple accounts for the purpose of disrupting the Wolfmach website or services you may have action taken against all of your accounts.
– If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your Wolfmach account(s). We therefore advise you to ensure you log out of all services when you have finished using a public computer.
– Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your Wolfmach account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your Wolfmach account(s).
6. Our Contract
In order to place web orders with Wolfmach you must possess a valid credit or debit card issued by a bank acceptable to us, or have opened credit facilities with us. Wolfmach retains the right to refuse any order made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. Once your order is placed, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card, or your Wolfmach credit account is approved by us and is not suspended or deactivated.
7. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party goods, services and/or locations featured on this Website are in no way associated, linked or affiliated with Wolfmach and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to Wolfmach.
GENERAL TERMS & CONDITIONS OF TRADE
In these Terms and Conditions of Trade:
"Account" means the Customer's account with the Vendor (only applicable where the Customer holds a credit account)
"Customer" means the person or entity ordering goods and/or services, or any person acting with ostensible authority on behalf of the Customer.
"Goods" means goods and/or services supplied by the Vendor to the Customer at any time.
"Order" or "Orders" means the order or orders of the Customer to the Vendor to supply Goods and/or Serivces.
"PPSA" means the Personal Property Securities Act 1999.
"Vendor" means INTERMAC LIMITED T/A Wolfmach, or associated entities.
Each Order placed by the Customer shall constitute acceptance by the Customer of these Terms and Conditions of Trade.
3. Pricing & Descriptions
Prices are subject to change without notice. All Orders will be charged at prices prevailing at the date of delivery of the Goods.
Whilst we try and ensure that all details, descriptions and prices advertised are accurate, errors may occur. If we discover an error in the price or description of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or description, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you opt to cancel and you have already paid for off-the-shelf goods, you will receive a full refund. The issuer of your credit or debit card may charge currency conversion or other fees in relation to your order, in addition to the price of the Goods. It is the Customer's responsibility to check with the issuer of their credit or debit card for details of any such fees.
Where a quotation is given by the Vendor for the supply of Goods:
(a) unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue;
(b) the quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary;
(c) the Vendor reserves the right to alter the quotation because of circumstances beyond Its control.
5. Safety & Suitability of Goods Supplied
Wolfmach endeavors to ensure the safety and fitness for purpose of the Goods, at the point they leave our warehouse. However, we have no control over the means of use or eventual depreciated condition of the Goods. As such, the Customer must satisfy itself that the Goods as ordered are fit and suitable for the purpose for which they are required. The Vendor makes no warranties or representation and expressly negates any implied or expressed condition that the Goods will be suitable for a particular purpose or use for which the Customer may use them. The Customer accepts all risk and responsibility for consequences arising from the use of the Goods whether singularly or in combination with other Goods.
The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, bylaws or rules having the force of law in connection with the installation and operation of the Goods.
7. Delivery Place
Where the Order makes provision for delivery then delivery shall take place at the address stated in the Order. If no address is indicated then delivery shall be made at the physical address of the Customer set out in the credit account application (where provided).
8. Despatch and Shipping
Dispatch times may vary according to goods availability, and any representations made as to delivery times may be subject to postal delays or force majeure for which the Vendor will not be responsible. The Vendor endeavours to ship 80% of goods ordered the same business day; where delivery is likely to delay more than 3 working days, we will inform you as soon as possible. Dates quoted for delivery are given in good faith and are not to be treated as a condition of sale or purchase - the Customer shall not be entitled to cancel orders because of any such delay. Delivery by the Vendor to a carrier is deemed to be delivery to the Customer.
Unless otherwise agreed, delivery costs will be charged in addition to goods costs; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Where the Vendor has arranged freight, risk shall pass to the customer on delivery, otherwise, from the time of dispatch to the Customer by the Vendor, risk In all Goods supplied shall pass to the Customer and any loss, damage or deterioration to the Goods shall be borne by the Customer. The Customer shall notwithstanding any loss, damage or deterioration to the Goods remain liable to pay for the Goods.
10. Terms of Payment
(a) Unless otherwise specified, payment for all Goods shall be made prior to delivery.
(b) Where a customer has opened an account with the vendor, payment for goods shall be made no later than 20th day of the month following invoice or despatch, whichever is dated the earliest.
(c) An administration fee may be charged on all overdue amounts in addition to any other charges pursuant to this clause.
(d) Interest will accrue on all amounts overdue at the rate of 2.5% per month and will be calculated on a day by day basis until payment is made In full.
(e) All costs of or Incurred by the Vendor as a result of a default by the Customer including but not limited to administration charges, debt collection costs and legal costs as between solicitor and client shall be payable by the Customer.
(f) If the Customer defaults in any payment or commits any act of bankruptcy or any act which would render It liable to be wound up or if a resolution Is passed or proceedings are filed for the winding up of the Customer or If a receiver Is appointed for all or any assets of the Customer, the Vendor may cancel any Order without prejudice to any other rights it may have and payment for all completed Orders shall Immediately become due.
Until payment is made by the Customer, the Customer agrees:
(a) The Vendor shall retain ownership of all Goods supplied until It receives payment In full of all amounts owing by the Customer for the said Goods.
(b) The Vendor shall have a right to stop and retrieve the Goods in transit whether or not ownership has passed.
(c) to ensure the Goods are readily identifiable at all times as the property of the Vendor;
(d) to hold the Goods as trustee for the Vendor and will deal with the Goods for and on behalf of the Vendor (but will not hold the Customer out as an agent to any third parties);
(e) if the Goods are resold, the proceeds of re-sale will belong to the Vendor and the Customer shall keep the proceeds of sale in an account in which it is clearly marked and identified as belonging to the Vendor.
(f) Where any proceeds of sale are placed in the Customer's bank account the funds In the Customer's bank account shall be deemed to be held on trust for the Vendor to the extent of proceeds of sale.
(g) Where any payments are made from the Customer's bank account otherwise than to the Vendor payment shall be deemed to have been made from all other funds in the Customer's bank account and not from funds held on trust for the Vendor.
12. Cancellations & Returns
(a) The Customer shall not be entitled to return the Goods or Cancel an Order other than as allowed pursuant to these Terms and Conditions of Trade.
(b) Goods correctly supplied cannot be returned without the prior consent of the Vendor, and a re-stocking fee may be charged.
(c) The Vendor may refuse an order cancellation request if an order is for goods which have been specifically customized for the Customer.
(d) The Vendor may refuse an order cancellation request if an order is for goods which are stated to be an NRSI (non-returnable special item).
(e) Defective goods as described in clause 14 or incorrectly supplied goods agreed for return will be the responsibility of the Vendor.
(f) The Vendor at its sole discretion may not credit goods returned in dirty or damaged condition or not in original undamaged packaging.
The following applies to the return of all goods except those described in 12(e):
You are responsible for the costs of returning goods to us. Any goods returned are your responsibility until they reach our warehouse. Please ensure you package your return to prevent any damage to the Goods or their packaging. We are not responsible for any goods that are returned to us damaged or in error.
13. Recovery of Goods in case of non-payment
(a) In the event of non-payment or if payment of the Customer's Account is overdue the Vendor shall be entitled without prejudice to any right it has at law or in equity to enter the place where the Goods are stored whether the Customer's premises or property or the premises or property of a third party for the purpose of recovering and taking possession of the Goods supplied.
(b) The Customer warrants to the Vendor that where the Goods are stored on the premises or property of a third party the Customer is acting as agent for the third party and has the full authority of the third party to authorise entry on to the premises or property of the third party for the purpose of recovering the Goods without releasing the Customer from liability.
(c) The Vendor will not be responsible for any damage reasonably caused in the course of removal of Goods supplied either In the possession of the Customer or a third party and the Customer indemnifies the Vendor in respect of damage caused in the removal of the Goods from the property of a third party.
(d) The Vendor may resell the Goods and apply the proceeds towards payment of the Customer's outstanding Account with the Vendor. Any shortfall will remain the liability of the Customer. The Customer Indemnifies the Vendor for all costs and expenses including legal costs as between solicitor and client which the Vendor may incur In recovering the Goods and any monies owed to It.
(a) Unless otherwise specified, the Vendor gives no warranty express or implied as to the quality, description or fitness for any particular purpose of the Goods.
(b) Where applicable, manufacturer's warranties will attach to the Goods.
(c) Where Goods supplied are defective in terms of any condition warranty or guarantee or otherwise do not conform to the Order, the Vendor will at its discretion credit, replace or repair any faulty Goods or pay the Cost of replacing them, but only If a claim Is made by the Customer within seven days of delivery of the Goods, time being of the essence.
(d) The Goods may come with guarantees that cannot be excluded under the New Zealand Consumer Law.
(e) The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires goods from the Vendor for business purposes in terms of Sections 2 & 43 of that Act.
(f) The Sale of Goods Act 1908, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Vendor which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on the Vendor the Vendor's liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
If you think that there is a defect with the goods you have received, please let us know at the soonest opportunity by emailing email@example.com.
(a) The Vendor's liability to the Customer shall be limited to the value of the Order supplied.
(b) Except as otherwise provided under clause 13 and 14(a) the Vendor shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Goods by the Vendor to the Customer including Consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods provided by the Vendor to the customer.
16. Events of Default
All payments shall become immediately due to the Vendor and the Vendor may at its option suspend or terminate these Terms and Conditions of Trade and/or exercise any of the remedies available to It under these Terms and Conditions of Trade In the event that:
(a) a receiver is appointed over any of the assets or undertaking of the Customer;
(b) an application for the appointment of a liquidator is filed against the Customer which remains unsatisfied for a period of 10 days, or any of the conditions necessary to render the Customer liable to have a liquidator exist, or a liquidator is appointed;
(c) the Customer goes Into voluntary liquidation, amalgamates with another company or acquires Its own shares in accordance with the Companies Act 1993;
(d) the Customer suspends payments to its creditors or makes or attempts to make an arrangement or Composition or scheme with Its creditors; or
(e) the Customer becomes insolvent within the meaning of the Insolvency Act 1967 or is, becomes, or Is presumed to be unable to pay Its debts as they fall due as defined in section 287 of the Companies Act 1993 or section 261 of the Companies Act 1955; or commits any act of bankruptcy.
17. Authority to Sell Goods Supplied
Notwithstanding that title In all Goods is retained by the Vendor, the Customer Is authorised to sell the Goods In the ordinary course of business provided that the authority may be removed by written notice if the Vendor considers the credit of the Customer to be unsatisfactory or If the Customer is in default In the performance of its obligations to the Vendor and shall be deemed automatically revoked If the Customer commits any act of bankruptcy or any act which would render it liable to be wound up or if a resolution is passed or proceedings are filed for the winding up of the Customer or a receiver Is appointed for all or any assets of the Customer.
(a) The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of the Vendor.
(b) The Vendor is entitled at any time to assign to any other party all or any part of a debt which is owing to the Vendor.
(a) In the event of any dispute arising between the Vendor and the Customer, such dispute shall in the first instance be referred to mediation for resolution.
(b) In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute.
(c) Nothing in this clause prevents the Vendor from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
All notices required or committed under these Terms of Trade are tobe served as provided in section 152 of the Property Law Act 1952, or by email, in which case notice Is deemed to be given the day after sending.
If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
22. Changes of General Terms and Conditions
(a) The Vendor may at any time refuse an order by the Customer or decline to approve any credit application by the Customer for any reason whatsoever.
(b) The existence of a credit account by the Customer with the Vendor does not automatically entitle the Customer to credit in the future.
(c) Failure by the Vendor to enforce any of the terms and conditions Contained in these Terms and Conditions of Trade shall not be deemed to be a waiver of any of the rights or obligations the Vendor has under these Terms and Conditions of Trade.
(d) The Vendor may from time to time amend, add to or repeal the trading conditions covered by this Agreement or may substitute any fresh trading conditions.
23. Force Majeure
Neither the Vendor nor the Customer will be liable to the other for any breach of this Agreement by any extraordinary occurrences which are beyond the reasonable control of the party in question.
24. Other Agreements
If there is inconsistency between these Terms and Conditions of Trade and conditions on any order submitted by the Customer, these Terms and Conditions of Trade prevail unless otherwise agreed in writing by the parties.
25. Governing Law
These Terms and Conditions of Trade will be interpreted in accordance with and governed by the laws of New Zealand
26. Privacy Act.
The customer authorises the vendor or its agent or duly authorised credit reporter to:
(a) access, collect, retain and use any information about the customer for the purpose of assessing the customer’s creditworthiness
(b) Disclose information about the customer, whether collected by the vendor from the customer directly or obtained by the vendor from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection, or notifying a default by the customer.
(c) Where the customer is an individual the authorities under this clause are authorities or consents for the purposes of the Privacy Act 2020.
(d) The customer shall have the right to request the vendor for a copy of the information about the customer retained by the vendor and the right to request the vendor to correct any incorrect information about the customer held by the vendor.