These terms and conditions of trade apply to all our Sale of Goods Contracts. Any order placed with Rivenguard New Zealand Limited (“Our”, “Us”, “We”, or “Rivenguard”) by you (“You” or “Customer”) constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communication with Rivenguard (including an order) are hereby objected to and will not bind Rivenguard unless Rivenguard agrees in writing. No sales person, representative or agent is authorised by Rivenguard to give any guarantee, warranty or representation in addition to, or contrary to these terms. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
1.1 Your placement of an order with us (“Order”) constitutes an offer by you to purchase goods from us on these terms. The Order is placed when it is submitted to us.
1.2 The Order is accepted only when we notify you that we accept your Order. For example, we might notify you that we accept your Order by sending you an e-mail stating this or displaying a confirmation on our website. Delivery of goods constitutes notice of our acceptance of the order.
1.3 Unless otherwise agreed in writing with Rivenguard, you must not purchase goods from us for the purpose of resale. Rivenguard reserves the right to reject any Order for any reason whatsoever including where Rivenguard believes that the goods are being acquired for the purpose of resale.
1.4 If we accept the Order, a binding contract between you and us will arise on these terms (the Contract). The Contract may be amended only by written agreement between us and you.
2.1 Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time without notice. Prices do not include any delivery fees.
2.2 Rivenguard shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to Rivenguard of carrying out the whole or any part of the contract arising from any of the following:
(a) delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer’s failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond Rivenguard’s control;
(b) variation in the cost of Rivenguard acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) any correction of errors or omissions on the part of Rivenguard or any of its representatives.
3.1 We currently accept Payment by POLi Only Payment Systems.
3.2 Payment in full is required at the time the order is placed and is required before any products are released to the customer unless prior written consent is provided by Rivenguard.
4.1 Rivenguard shall deliver the goods to the address stated on the order or as agreed by Rivenguard in writing.
4.2 Rivenguard shall deliver the goods by such carrier and such form of transport Rivenguard consider to be appropriate.
4.3 The Customer agrees to inform Rivenguard within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with Rivenguard for proof of delivery.
4.4 Rivenguard will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond Rivenguard’s control. Rivenguard shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
The Customer, if an individual, has a right of access to information about the Customer held by OfficeMax. The Customer may request correction of that information and may require that the request be stored with that information. Rivenguard may charge reasonable costs for providing access to that information.
6.1 Rivenguard will not accept the return of goods for credit or any other purpose unless Rivenguard agrees to accept the return of the goods and advise the Customer a return advice number prior to the return of goods. Return of goods will only be accepted for credit within 14 days of delivery, unless due to Rivenguard’s error. Rivenguard reserves the right to charge for returned goods, excepting for when there has been an error on Rivenguard’s part.
6.2 No returned goods shall be accepted by Rivenguard (even if Rivenguard agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to in clause 6.1. Where goods are returned to Rivenguard but not accepted as above, they shall be returned to you at your expense.
6.3 Receipt by Rivenguard or by any of our agents or representatives of any goods returned other than in accordance with clauses 6.1 and 6.2 shall not constitute nor be deemed to constitute Rivenguard’s acceptance of the return of the goods for credit or any other purpose.
7.1 Risk in the goods shall pass to you at the time when our obligations under the contract are deemed under clause 4 to be completed.
Defective / non-conforming goods
8.1 Where the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, Rivenguard will repair or replace those goods;
(b) without excluding Rivenguard’s obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that Rivenguard does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by Rivenguard in writing;
(c) if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
(d) if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods; and
(e) if the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without Rivenguard’s prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as Rivenguard requires, and the Customer agrees to indemnify Rivenguard against any liability or cost incurred by Rivenguard under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
8.2 The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) defective goods or goods which do not comply with the contract may at Rivenguard’s discretion be repaired or replaced, or the price refunded.
(b) any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies Rivenguard in writing within fourteen days following delivery and Rivenguard is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) Rivenguard will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
(d) Rivenguard accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
(ii) any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by Rivenguard in writing; or
(iii) any services forming part of the supply of the goods which have been performed by any third party;
and the Customer agrees to indemnify Rivenguard against any such claim.
(e) in any event, Rivenguard’s liability under any claim shall not exceed the price of the goods.
8.3 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
9.1 Rivenguard may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer.
10.1 These terms of trade are governed by the laws of New Zealand.
10.2 Rivenguard and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.