Terms and Conditions

Terms and Conditions for the Public

1. Any Goods and services supplied by us to you shall be subject to these Terms unless we agree in writing to change them. If you accept Good or services from us, that action by you will be deemed to be acceptance of these Terms, not withstanding anything that may be stated in the contrary in your enquiries or your order.



2. Orders may be placed with any SIFCO Sales Representative or by phone, fax, website (www.sifco.co.nz) or email to a SIFCO Fastening Solutions Sales Office in Christchurch, Petone, Tauranga or Auckland (New Zealand). Supplies are only made from SIFCO Warehouses at 8 Holt Place, Burnside, Christchurch or 34 Lansford Crescent, Avondale, Auckland on a plus freight basis.



3. Unless otherwise agreed in writing, any quoted price may be altered prior to delivery of Goods or provision of services to you, if our costs fluctuate materially. We may withdraw any quotation before it is accepted, and in any event any quotation will lapse 30 days after it is given without notice. If no written quote is provided, the price of Goods and services will be pursuant to our standard charges applying at the time. GST will be payable by you as an additional amount on all prices and charges.



4. Products appearing on this site are subject to availability. SIFCO retain the right to alter, upgrade or discontinue any product or information contained within this Site, without notice. Information on this site is up to date at the time it is posted but is subject to change without notice. Any prices appearing may be subject to change without notice. While SIFCO does not accept any liability for any loss araising, every effort will be made to keep the information up to date and accurate.



5. ‘Site’ means the website http://www.sifco.co.nz.



6. SIFCO will replace any Goods incorrectly delivered to you, only with our prior approval, provided that the incorrectly delivered Goods are returned in an undamaged state to our warehouse from where they were sent, within 30 days of delivery.



7. SIFCO provides, outside of warranty, a chargeable repair service at all of its Sales Offices – only on Goods with we have originally sold. With few exceptions, machines less than $60 retail including GST are uneconomic to repair. We would no proceed with repair of any machine which would cost more than 40% of price of machine but rather offer to trade out or would return machine as uneconomic to repair.



8. The seller reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments.



9. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.



10. Payment is required at the time of placing the order.



11. The Consumer Guarantees Act 1993 ("the Act") applies;
    1. In the event the buyer is acquiring the product for the purpose of business then the Act shall not apply.
    2. Where the purchaser is acquiring the product for purposes other than that of a business, these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall in any way limit the purchaser's rights under the Act.



12. The contract including these terms and conditions of sale shall be governed by New Zealand Law.

Terms of Trade for Account Holders

1. Any Goods and services supplied by us to you shall be subject to these Terms unless we agree in writing to change them. If you accept Goods or services from us, that action by you will be deemed to be acceptance of these Terms, not withstanding anything that may be stated to the contrary in your enquiries or your order.



2. Orders may be placed with any SIFCO Sales Representative or by phone, fax, website (www.sifco.co.nz) or email to a SIFCO Fastening Solutions Sales Office in Christchurch, Petone, Tauranga or Auckland (New Zealand) or to a SIFCO Consumer Products Sales Office in Auckland or Christchurch (New Zealand). Deliveries are only made from SIFCO Warehouses at 8 Holt Place, Burnside, Christchurch or 34 Lansford Crescent, Avondale, Auckland on a plus freight basis.



3. Unless otherwise agreed in writing, any quoted price may be altered prior to delivery of Goods or provision of services to you, if our costs fluctuate materially. We may withdraw any quotation before it is accepted, and in any event any quotation will lapse 30 days after it is given without notice. If no written quote is provided, the price of Goods and services will be pursuant to our standard charges applying at the time. GST will be payable by you as an additional amount on all prices and charges.



4. For resellers, the suggested sell including and excluding GST prices shown on our packing slips, invoices or Consumer Price List, should be taken as a guide only and do not constitute any requirement by retailer to sell at these prices.



5. SIFCO will replace any Goods incorrectly delivered to you, only with our prior approval, provided that the incorrectly delivered Goods are returned in an undamaged state to our warehouse from where they were sent, within 30 days of delivery.



6. SIFCO will not accept return of Goods for credit without prior approval being arranged through our Customer Services Manager, your Sales Representative or by email to sales@sifco.co.nz, and then only within 7 days of supply. If Goods are returned to SIFCO Warehouse insufficiently packaged and sustain damage because of this, they will be returned and credit will not be processed. For resellers, a 5% handling fee (minimum $8 plus GST) will be charged on all Goods returned for credit. If these Goods were originally part of a freight free shipment, they will be credited less the freight cost.



7. Should a package be received in a damaged condition, please make sure you or your staff sign for it as damaged. You will then be in a position to make a written claim for damages from the carrier.



8. SIFCO guarantees that it will, free of charge, repair or at its option replace any of its products or any part thereof which proves commercially defective as to materials or workmanship, provided that the same is returned, freight prepaid, to SIFCO Service Department within 90 days from date of invoice. This guarantee does not cover product using anything other than genuine ACE, APEXON, BOSTITCH, SIFCO or MAX fasteners, or any product that has been tampered with, abused or used for any purpose other than originally designed for.



9. Unless otherwise agreed in writing, payment is required by the 20th day of the month following the date of the invoice relating to those Goods or services.



10. If full payment for the Goods is not made on the due date then, without prejudice to any other remedies available to us:



1. We may cancel or withhold supply of further Goods;
2. Interest on monies overdue shall be charged on a daily basis and be calculated by adding 3% per annum to the overdraft rate payable by us to our bankers at the time of and during such default, and interest shall continue to accrue both before and after judgement.
3. You shall be responsible for all costs incurred by us in recovering such monies.



11. SIFCO provides, outside of warranty, a chargeable repair service at all of its Sales Offices – only on Goods which we have originally sold. With few exceptions, machines less than $60 retail including GST are uneconomic to repair. We would not proceed with repair of any machine which would cost more than 40% of price of machine but rather offer to trade out or would return machine as uneconomic to repair.



12. Although risk in any Goods supplied by SIFCO to the customer shall pass when such Goods are delivered to the customer or into custody on the customer’s behalf, the ownership and property in such Goods is retained by SIFCO until payment is made in full for the Goods.
Until all monies have been paid:
1. You hold the Goods supplied in fiduciary for us and will deal with them as agent for and on behalf of us (but will not hold yourself out as our agent to any third parties);
2. You shall store our Goods separately consistent with the Goods being our property, and ensure such Goods are able to be separately identified;
3. If you resell the Goods supplied the proceeds of any resale will belong to us, and you will pay the same into a separate account for which separate records are kept, and all claims which you hold against third parties will be handed over to us;
4. You irrevocably give us and our representatives the right to enter your premises, to remove any of the Goods supplied and resell them;
5. You agree to indemnify us and our representatives against any liability incurred in connection with such entry and removal.                    



13. You acknowledge and agree that by assenting to these Terms, you grant a security interest (by virtue of the retention of title in clause 12 of these Terms) to us in all Goods previously supplied by us to you (if any) and all after acquired Goods supplied by us to you (or for you account).



14. You undertake to:
1. Sign any further documents and/or provide any further information (which information you warrant to complete, accurate and up-to-date in all respects) which we may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register;
2. Not register a financing change statement or a change demand in respect of the Goods (as those terms are defined in the Personal Properties Securities Act 1999 (“PPSA”)) without our prior written consent;
3. Give us not less than 14 days prior written notice of any proposed change in your name and/or any other change in your details (including, but not limited to, changes in your address, facsimile number, trading name or business practice);
4. Waive your right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest;
5. Waive your rights and, with our agreement, contract out your rights under the sections referred to in section 107(2)(c) to (i) of the PPSA, to the maximum extent permitted by law;
6. Agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these Terms and, with our agreement, contract out of such sections
7. Agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods if and only for as long as we are not the secured party with priority over all other secured parties in respect of those Goods.



15. Goods means all Goods supplied from time to time by us to you, provided that:
    1. Where the Goods supplied are your Inventory, then all references to Goods in these Terms shall, in respect of those Goods, be read as references to Inventory; and
    2. Where the Goods supplied are not Inventory then all references to Goods in these Terms shall, in respect of those Goods, mean the Goods described in any one or more of the relevant order form, packing slip or invoice (or its equivalent, whatever called) relating to those Goods, on the basis that each such order form, packing slip or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of, these Terms.



16. ‘Inventory’ has the meaning given to that term in the PPSA.



17. ‘Terms’ mean these Terms of trade.



18. Unless the context otherwise requires, words and phrases shall have the meanings given to them in, or by virtue of, the PPSA.



19. Products appearing on this site are subject to availability. SIFCO retain the right to alter, upgrade or discontinue any product or information contained within this Site, without notice. Information on this site is up to date at the time it is posted but is subject to change without notice. Any prices appearing may be subject to change without notice. While SIFCO does not accept any liability for any loss araising, every effort will be made to keep the information up to date and accurate.



20. ‘Site’ means the website http://www.sifco.co.nz.