Terms and conditions of Trade
- All sales are cash only unless your account has been approved.
- All accounts are to be paid strictly on the 20th of the following month from the date of invoice. Overdue accounts will attract a 2% per month, or part thereof, penalty interest on the unpaid amount owing until account paid in full. Should any undisputed account, or part of any account, become overdue by three months every amount then owing by the Purchaser to the Vendor, whether due for payment or not, shall become immediately payable by the purchaser and all further deliveries shall be paid for on a cash only basis until such time as credit facilities are re-extended to the Purchaser by the Vendor. An account is not deemed paid until funds from any bill of exchange have been irrevocably cleared into the vendor's bank account. The Vendor reserves the right to limit, change the term of and or withdraw monthly credit facilities at any time while any overdue amounts remain unpaid.
- All goods remain the property of the Vendor until such time as the account has been paid in full. The Purchaser will indemnify the vendor and/or the vendor’s agent against all liability and actions arising from the recovery of overdue accounts, or the repossession of the Vendor's goods.
- If there is any dispute regarding any account rendered, the undisputed portion will be paid in accordance with the terms of trade in force at that time. Payment of the disputed portion of the account may be withheld provided that it is brought to the Vendor's attention within 5 working days of issue of the invoice, or immediately upon discovery, whichever is the sooner. The Vendor must be given full access to take samples, measurements or observations associated with the dispute including all associated records. Quantity variations of +0.5% are to be to the Purchaser's account and shall not be acceptable as a dispute.
- All prices exclude Goods and Services Tax.
- The Vendor may at its discretion vary the price of products supplied at any time. This variation may be due to the alteration of tax rates, charges, duties, exchange rates or due to compliance with legislation requirement, request or recommendation of any Government body authority or Tribunal constituted under or by the Laws of New Zealand. The price shall be current at the time of delivery of the product to the Purchaser.
- The Vendor may make or arrange deliveries of products by any such means and in any container as the Vendor deems suitable. Where the Purchaser provides adequate notice of its requirements, the Vendor shall use reasonable endeavors to make deliveries and shall not be liable in any way for late delivery or non-delivery of an order or part order or for any damages consequential or loss arising from late or non-delivery.
- The provisions of the Consumer Guarantees Act 1993 shall not apply to the supply of goods and/or services by the Vendor to Purchasers who acquire, or hold himself or herself out as acquiring goods and for services for the purposes of a business as defined by the said Act.
- In the event that the purchasers account is not met within the vendors trading terms, the vendor reserves the right to add all costs of collection to the purchasers account pursuant to the Fair Trading Act 1986.
- In the event that the client is a company, the director’s owner’s proprietors / operators personally guarantee payment owing and acknowledge that no indulgence, granting of time waived or forbearance to sue, or the winding-up or bankruptcy whereby the guarantor would be released as a surety in any way, releases the guarantor from liability hereafter.
- The Vendor reserves the right under the Privacy Act 1993, to make any enquiries from any person or company holding such information regarding credit and/or employment history that may assist the Vendor to recover any delinquent debt. The Vendor is also able to furnish to any third party details of this and any prior dealings and for information the Vendor may hold which may assist the Vendor in the recovery of any delinquent debt.
- The liability of the Vendor to the Purchaser shall not, in any case exceed the purchase price of the goods in the respect of which such liability arises and this limitation shall apply to liability howsoever arising whether in contract or tort. The Vendor is not liable for any damages consequential on or resulting in the use of any goods not used to manufacturer's recommendations, instructions, intentions or acts or omissions of the Vendor pursuant to these general terms and Conditions.
- Supply of any product by the Vendor to the Purchaser shall be on the understanding that the Purchaser has an understanding and has complied with all legal, statutory and regulatory obligations associated with the use, storage and decanting of such product. The Vendor takes no liability in these matters and shall not be responsible for any damages or liability arising from, but not limited to, The Health and Safety in Employment Act, The Resource Man agreement act and any applicable Local Body By-Law.
- The diamonds herein invoiced have been purchased from legitimate sources not involved in funding conflict and in compliance with the United Nations Resolutions. The seller hereby guarantees that these diamonds are conflict free.
- Treated/Coated stones cannot be exposed to high temperature, Ultrasonic or Acid wash. Any damage caused as a consequence of this will be your responsibility.
- The stones are at your risk of loss or damage from any cause whatsoever as per terms below.
- Where the stones are personally collected by you or your authorized agent, personnel or employee(s) from our premises the stones are at your risk from the time of being delivered into the physical custody of you, or your authorized agent(s), personnel or employee(s). It continues to be at your risk until either paid for or received back into our physical custody.
- Where the stones are couriered to you, your risk in the stones attaches from time the stones are delivered into your physical custody or the physical custody of your authorized agent(s), personnel or employee(s) and continues until either paid for or received back into our physical custody.
- Where we have personally delivered the stones, your risk in the stones attaches from time the stones are delivered into your physical custody or the physical custody of your authorized agent(s) personnel or employee(s) and continues until received back into our physical custody.
- Where the stones are being returned to ourselves by Courier we will only accept risk in the merchandise from the time of delivery into the physical custody of the Courier and until received into our Physical custody when couriered in our own supplied Courier Bags, otherwise risk for the return is yours.
- Should any part, provision or clause of this agreement be found to be unenforceable or rendered invalid by law, the rest of the provision, or clause and the rest of the agreement shall be deemed to stand intact.