Terms of service

  1. APPLICATION OF TERMS
    1. The following Terms and Conditions of Sale shall be deemed incorporated in and shall form part of all contracts involving products and services (herein after referred to as “goods” ) supplied by JETCO.
    2. Receipt of any order will be deemed to be acceptance by the Purchaser of these terms, notwithstanding anything that may be stated to the contrary in the Purchaser’s orders.
    3. The following Terms and Conditions of Sale shall prevail despite any indication to the contrary by any person acting or purporting to act on JETCO’s behalf. Accordingly the Purchaser must attain written confirmation of all variations including all representations or understandings which may conflict with the conditions contained within these Terms and Condition of Sale.
    4. The information contained within these Terms and Conditions are considered to be confidential and should not be disclosed to any other party without the prior written consent by JETCO.
    5. If any provision of this Agreement or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will remain enforceable to the greatest extent permitted by law.
    6. JETCO may amend these conditions at any time.
  2. PRICE
    1. Unless otherwise stated all prices quoted by JETCO are in New Zealand dollars and exclusive.
    2. Goods & Services Tax (GST), insurance, freight and handling charges. Quotations issued by JETCO are valid for the term stated. In the absence of a validity period the quotation will expire after 7 days of issue.
    3. Prices quoted by JETCO are subject to alteration without notice and the price payable by the Purchaser for the goods ordered is the price applicable at the date the goods are dispatched.
    4. Receipt of orders by JETCO from the buyer does not constitute acceptance by JETCO.
  3. PAYMENT
    1. Unless credit has been approved in writing by JETCO, all invoices shall be due and payable on delivery of the goods or upon JETCO’s advice to the Purchaser that the goods are ready for dispatch.
    2. Where credit has been approved, payment shall be made on or before the 20th day of the month following the date of the invoice.
    3. JETCO may, at any time without prior notice, terminate any right which has been granted to the Purchaser to purchase goods on credit.
    4. Failure of the Purchaser to pay the full amount by the due date will result in immediate stop credit until such time the outstanding amount is settled.
    5. The third failure of the Purchaser to pay by the due date within a 12 month period will result in credit terms being terminated.
    6. All overdue accounts shall bear interest at the rate of 4% per month, calculated on a daily basis from the due date for payment until the time of actual payment but without prejudice to INNOX’s other rights and remedies in respect of the Purchasers default in failing to make full payment on the due date.
    7. All overdue accounts shall be subject to JETCO’s costs of collection including, but not limited to, all reasonable costs, charges and legal expenses. Any such costs will be added to the Purchaser’s account and shall constitute an amount payable to JETCO.
    8. Payments by the Purchaser shall be applied first in the reduction of interest, liquidated damages and costs due pursuant to 3(f) and 3(g), the balance then being in reduction of any amounts due under 3(a) and 3(b).
    9. JETCO may correct any clerical errors or omissions, whether in computation or otherwise in any quotation, acknowledgements or invoice.
    10. Where goods are supplied for make to order requirements, JETCO reserves the right to submit claims for progress payments.
  4. DELIVERY
    1. Goods are offered subject to availability and JETCO shall not be responsible or liable in any way to the Purchaser for delays or defaults or consequential loss or damage arising therefrom.
    2. All statements or forecasts of delivery times made by JETCO are made in good faith but are estimates only, not commitments. JETCO is not bound by any such estimate.
    3. Delivery of goods shall be made to the place indicated in the order or if no place is indicated then delivery shall be made to the Purchasers place of business as per current details of this location held by JETCO. JETCO will take all reasonable steps to make delivery at the time requested by the customer but shall not be responsible for delays or defaults or consequential loss or damage arising therefrom.
    4. JETCO reserves the right to deliver the goods by instalments and each instalment shall be deemed to be a separate order under the same provisions as the main order. Should JETCO fail to deliver or make effective delivery of one or more instalments this shall not entitle the Purchaser to repudiate the main contract.
    5. Failure to make a delivery of the total order will not invalidate the contract as regards to other deliveries.
    6. JETCO’s liability for shortages in the quantity of the goods is limited to making up the shortages. JETCO is not liable for any claim for shortages in quantity unless the Purchaser notifies JETCO in writing within 7 days of delivery and provides JETCO a reasonable opportunity to take all necessary steps to investigate the claim.
    7. Prior to acknowledging delivery to the carrier the Purchaser must ensure that the complete consignment as per the carrier’s note has been received. If there is a shortage or visible damage to the outer packaging of the goods then the Purchaser must endorse the carrier’s note accordingly.
  5. CANCELLATION OF ORDERS
    1. In the event that the Purchaser cancels any order subsequent to the dispatch of the goods, the Purchaser will be subject to clause 6 – ‘Goods Returned For Credit’.
  6. GOODS RETURNED FOR CREDIT
    1. The Purchaser may return goods for credit with in 7 days, if good are returned and JETCO IS AT NO FAULT (incorrectly ordered, not required, etc ) there will be a 20% restocking fee. Where goods are accepted for credit they must be delivered at the Purchaser’s expense to the location the goods were dispatched from accompanied with the JETCO written approval.
    2. Any restocking fee incurred by JETCO as a result of the goods returned for credit will be invoiced to the Purchaser’s account.
    3. Goods returned must be in as new condition in the manufacturers (or supplier’s) original containers, unsoiled and undamaged.
    4. On the receipt of goods for credit accompanied with JETCO written approval, the Purchaser will be credited for the invoice value less freight charges and restocking fee (if applicable).
    5. No goods will be accepted for credit after 7 days from the date of invoice on which such goods are described.
    6. Goods manufactured or cut specifically for the Purchaser will not be accepted for credit.
  7. RISK AND TITLE TO GOODS
    1. Ownership of all goods supplied remains with JETCO until, and only passes to the Purchaser when, all monies payable to JETCO by the Purchaser have been paid in full.
    2. Risk in any goods supplied (including responsibility for insurance) shall pass to the Purchaser at the point of delivery. c. If the Purchaser defaults in paying JETCO for the goods, the Purchaser authorizes JETCO to enter the premises where the goods are stored and remove them. JETCO may resell the goods and apply the proceeds of sale in reduction of the Purchasers indebtedness to JETCO.
    3. JETCO shall not be liable to the Purchaser for any loss or damage caused in recovery of its goods in accordance with the provisions of this clause 7.
    4. If the Purchaser resells the goods while ownership remains with JETCO, the proceeds of such sale shall be held by the Purchaser (in whatever form) on trust for JETCO. JETCO’s interest as beneficiary under the trust shall be that portion of the proceeds which does not exceed the Purchasers total indebtedness to JETCO.
  8. LIMITATION OF LIABILITY
    1. JETCO shall not be liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Purchaser arising directly or indirectly from any breach of any of JETCO’s obligations arising under or in connection with this Agreement or from any termination of this Agreement.
    2. The Purchaser acknowledges that all goods acquired from JETCO are acquired for business purposes. JETCO and the Purchaser hereby agree to contract out of the Consumer Guarantees Act 1993.
    3. Notwithstanding anything contained in this clause 8 or elsewhere in this Agreement, the liability of JETCO in respect of all claims for loss, damage or injury arising from a breach of any of JETCO’s obligations arising under or in connection with this Agreement, from any termination of this Agreement from any negligence, misrepresentation or other act or omission on the part of JETCO, its servants, agents or contractors shall not in aggregate exceed the total amount that has been paid by the Purchaser in respect of the Purchase Orders for the six month period immediately preceding the date of the claim.
    4. The Purchaser must ensure that the goods ordered are fit and suitable for the purpose for which they are required and JETCO is under no liability if they are not.
    5. The Purchaser is solely responsible for obtaining all necessary permits to comply with all legislation, regulations, by laws or rules having the force of law in connection with the installation and operation of the goods.
    6. WARRANTYJETCO does not make any representation or warranty as to the suitability, quality or performance of the goods or any other matter relating to the goods or this Agreement. JETCO shall not be liable for any faulty, defective or non-conforming goods except where such fault or defect is due to a negligent act or omission by JETCO.
    7. Subject to the terms of this agreement, JETCO will transfer and assign to the Purchaser all warranties that JETCO has been given by the manufacturer or supplier of the goods.
  9. CREDIT REPORTING AGENCIES
    1. The Purchaser acknowledges that JETCO is authorized to obtain a consumer credit report about the Purchaser, its shareholders and directors and the credit and financial responsibility of the Purchaser or its partners or directors from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by the Purchaser, its shareholders or directors, as required from time to time.
  10. ASSIGNMENT
    1. The Purchaser may not assign all or any of its rights or obligations under these Terms and Conditions without the prior written consent of JETCO.
  11. DISPUTES
    1. If there is any dispute or disagreement between JETCO and the Purchaser in connection with this Agreement either party may give written notice to the other party outlining the particulars of the dispute or disagreement. A nominated representative of each party shall promptly meet and endeavour in good faith to resolve the dispute. If the dispute is not resolved then either party may at any time invite the chairperson for the time being of the NZ Chapter of Lawyers Engaged in Alternative Dispute Resolution (“LEADR”) to appoint a mediator for the purposes of enabling the nominated representative of each party to mediate and thereby settle the dispute and mediation shall take place accordingly. All discussions in the mediation shall be without prejudice and shall not be referred to in any later proceedings. The parties shall bear their own costs in the mediation and shall share equally the costs of the mediator. If, following the mediation process, the parties have not resolved the dispute each party shall have all rights and remedies available to it under this Agreement and at law.
  12. LAW AND JURISDICTION
    1. These Terms and Conditions shall be governed by the law of New Zealand and the parties agree to submit to the jurisdiction of the courts of New Zealand.
  13. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA)
    1. The Purchaser grants to JETCO a security interest in all goods supplied by JETCO as security for payment of the price of the goods and for any other amounts owing by the Purchaser to JETCO from time to time, and for the performance by the Purchaser of all of the Purchaser’s other obligations to JETCO from time to time. For the purposes of section 36(1)(b) of the PPSA, and to ensure maximum benefit and protection for JETCO by virtue of section 36(1)(b)(iii) of the PPSA, the Purchaser confirms and agrees that the Purchaser intends to and does grant to JETCO, as security for the Purchaser’s Indebtedness and Obligations, a security interest in all of the goods supplied to the Purchaser by JETCO. The Purchaser agrees to do anything that JETCO requires to ensure that JETCO has a perfected security interest and (if applicable) a purchase money security interest in the goods.
  14. FORCE MAJEURE.
    1. JETCO will not accept any liability or responsibility for any delay or failure to perform its obligations pursuant to this Agreement if such delay or failure is caused by circumstances or events outside its reasonable control including, without limitation, acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of local or national Governments or public agencies, acts of civil or military authority, terrorism, riots, civil commotions, malicious damage or sabotage, inability to obtain labour or materials or manufacturing facilities, default by any manufacturer or supplier.