REDPATH TERMS & CONDITIONS

Guidelines

The company "Redpath Pacific Ltd" (New Zealand) & "Redpath Ideal Greenhouses Pty Ltd" (Australia) otherwise known as “REDPATH” (The Supplier), suggest that you read in full the terms & conditions of sale that are listed below.

The following ten “guidelines” IN NO WAY ALTER  the “terms & conditions” of sale as below.

1)   The pricelist shown on this web site may or may not be current at time of reading. Exact pricing for any goods or services listed will require an estimate or pro-forma invoice to be sent to you.

2)   Australian & New Zealand residents should refer to the printed price list issued in our free catalogue 

3)   This web site (www.redpathaghort.com)  with it’s written & illustrated information is a brief advertisement and generalization for products & services supplied by Redpath. It’s limited capacity does not allow for a detailed explanation as to the suitability or compatibility of these goods for any particular application.  Please contact us for additional details.

4)   Freight is not included – but can be quoted to port/destination world wide

5)   Any warranty claim shall not exceed the value of the invoiced goods supplied.  Australian & New Zealand  residents should note that product "warranties" (if any) offered may vary between Australia and New Zealand.
Said "warranties" (if any) are offered by the originating manufacturer and not necessarily Redpath.  Different components on buildings have individual warranties ( if any). 

6)   The secure order form listed on this site IS NOT a total security guarantee & the company accepts no responsibility for third parties that may be able to (unlikely) view details.

Please make contact by Telephone or Facsimile before providing personal credit details.

7)   Some products listed on our web site may only be available from either our Australian or New Zealand factory.

8)   Pricing can be provided by estimate for any product listed in your (the customers) currency. 

The currency exchange rate will be calculated as per the daily rate listed by the ANZ trading bank at 9am on the day of calculation.  Pricing is valid for seven days only - & may require recalculating for exchange rate alterations. Please use our free currency exchange rate ready reckoner for quick conversion.

9)   The lead time required to manufacture & dispatch a Redpath Greenhouse, Ecoshelter Industrial or Agriculture structure is typically between  6 – 10 weeks.

10)  Payment method for goods shall be stipulated at time of pro-forma invoice or estimate supplied.

11)  The www.redpathaghort.com web site IS NOT an instruction manual. Advice should be sought from your horticultural or agricultural consultant prior to the purchase of any goods to best ascertain their suitability for your specific application.
 
 

The small print & The legal stuff ! , please read

1.  Application:
These conditions of sale shall apply to every contract for the sale of goods which is made by Redpath Pacific Ltd New Zealand or Redpath/Ideal Greenhouses Pty Ltd Australia (trading name “Redpath”) or any related company ofRedpath Pacific Ltd OR Redpath Ideal Greenhouses Pty Ltd as that term is defined in the NZ Companies Act 1993 (the seller).

2.  Price:
2.1  The purchase price of the goods shall be the price ruling at the date of delivery unless otherwise agreed in writing. The price list as displayed on the web page www.redpathaghort.com is applicable to  export only sales outside of Australasia  & is an estimate only.
2.2  Australian & New Zealand purchasers should refer to the current printed Redpath catalogue price sheet.
2.3  Any price indications or price lists are subject to alteration to the price ruling at the date of delivery.
2.4  Unless otherwise stated, the purchase price is exclusive of Goods and Services Tax and local countries duties and taxes which, if payable, shall be to the buyer’s account and shall be governed by the provisions of clause 3 below as if they were part of the purchase price.
2.5  Currency used for pricing shall be stated on the invoice & will be in either New Zealand dollars OR Australian Dollars (dependent on country of despatch).
 Alternative currencies can be quoted on request. 
2.6  Pricing for all exported goods is subject to DAILY ADJUSTMENT  & will be set at the publicly advertised exchange rate as listed  by the ANZ Trading bank of New Zealand & Australia at 9am on the date of pro-forma invoice or sales invoice provided by the seller. 
2.7  Pricing does not include export delivery & is ex our store unless stipulated in writing

3.  Payment and Default
3.1  Subject to any variation of  this clause which is notified to the buyer in writing, the purchase price of the goods shall be due and payable (in full) on the due date a stated and shown on the invoice.
3.2  Payment shall be made by the following methods.  a) Letter of Credit – with due dates as specified at time of pro-forma invoice   b) Direct bank transfer of funds prior to goods despatch   c) credit card using secure order form   d) By credit account if  applicable 
3.3  The “secure order form” as shown on the www.redpathaghort.com web site is not a guarantee of security across the internet system. The supplier takes no responsibility for third parties accessing this information & using it illegally & without the suppliers permission.
3.4  Without prejudice to clause 11 below and any other rights and remedies which the seller may have in respect of non-payment, the seller may at its option charge interest on the purchase price, at the rate of 5 percent per annum above the indicator Lending Rate of the advertised  New Zealand  trading bank ANZ NZ Ltd ruling from time to time until the date of which payment of the purchase price is received by the seller.
3.5  If the buyer makes default in any payment (which includes a failure to pay the purchase price on the due date as specified in clause 3.1 above) or commits any act of bankruptcy or, being an incorporated company, passes a resolution for winding up (except for the purpose of reconstruction) or if a Court makes a winding up order in relation to the company, the seller shall have the right to:
3.3.1   in the case of a default in payment, suspend credit and/or supply to the buyer until payment is received; and/or
3.3.2   cancel this contract in whole or in part without liability on the part of the seller; and/or
3.3.3   claim in bankruptcy or where applicable, liquidation for costs and expenses incurred and for any loss on resale.
3.4  The sellers Debt Collection Agent may charge you a fee equal to 25% of the unpaid portion of the price and other legal and collection costs not covered by the Fee, but not less than US$250.00.

4.  Delivery
4.1  Delivery of export goods is NOT INCLUDED unless stipulated on the invoice
4.2  The seller will make all reasonable efforts to have the goods delivered to the buyer on the date agreed between the parties to be the date of delivery.
4.3  Goods may be delivered in instalments, and in such case each delivery shall be regarded as a separate contract and goods delivered shall be paid for accordingly.  The failure to make any delivery shall not vitiate the contract as to other deliveries.
4.4  Notwithstanding any provisions as to the date of shipment an delivery, shipments or deliveries may be totally or partially suspended by the seller during any period in which the seller may be prevented from delivering through any circumstances outside its (reasonable) control - including but not limited to any: fire, accident, earthquake, flood, crime, war, blockage, civil commotion, epidemic, strike, lockout, labour dispute (whether or not at the works of the manufacture), shortage of fuel, power or raw materials or inability to obtain transport, and no such suspension shall entitle the buyer to cancel this contract or to refuse to accept delivery of the goods.

5.  Goods for Return
No goods shall be returned to the seller unless the buyer first obtains the seller’s written consent to such return, and this consent must be sought by the buyer  within a reasonable period of the goods having been delivered to him.  When the seller does accept the goods for return, the costs for the return shall be to the buyer’s account and the seller may in addition charge to the buyer a handling fee.

6. Packages and Containers
Where packages and/or containers are stated in the contract to be the subject of a deposit charge, such deposit will be charged separately on the invoice and payment will be made by the buyer together with the price of the goods.  Notwithstanding such payment, the packages and/or containers shall remain the property of the seller who, on the return of the packages and/or containers as required by the seller (in good order and condition and within reasonable time ), and subject to any limitation appearing in this contract or on the relevant invoice, shall refund to the buyer the deposit so paid.  The packages and/or containers shall at no time be used for any other commodity than that container therein at the time of delivery.

7.  Damage or Loss in Transit
If when taking delivery at the wharf or otherwise, the buyer signs a clean receipt for goods which later are found to have been damaged or lost in transit, thereby prejudicing a possible claim on a third party, the seller shall be freed from all responsibility for the loss or damage involved.

8.  Risk
8.1  The risk in the goods and purchases shall, unless otherwise agreed in writing, pass to the buyer on delivery.
8.2  Without limiting the generality of clause 8.1 above, the buyer assumes all risks and liabilities
8.2.1   for any consequences arising from the use of any or all of the goods whether singly or in combination with other products.
8.2.2   for any damaged goods; and 
8.2.3   for any wrong deliveries ex wharf or otherwise.
8.2.4 for any consequential damage risks

9.  Damages
No damages, direct or indirect, in respect of this contract, shall exceed the invoice value of the specific goods or articles complained of; and no damages will be recoverable by he buyer, in any event, unless he gives written notice of this claim to the seller within seven days of receipt of the goods.

10.  Warranty
All goods are guaranteed to be of merchantable quality.  Any warranties or conditions, statutory or otherwise, as to the goods quality or fitness  for any purpose are excluded.  Where, however, goods are supplied to the specifications of the buyer, these goods are guaranteed by the seller to be in accordance with those specifications. Unless specified in writing the supplier does not guarantee the goods to be suitable for application outside of New Zealand or Australia.  The seller Redpath Pacific Ltd & Redpath Ideal Greenhouses Ltd Pty  offers a goods replacement warranty if the seller agrees that the goods are not of merchantable quality.  Any warranty claim shall not exceed the original amount of invoice. Consequential damages will not be accepted by the seller.  Australian & New Zealand  residents should note that product "warranties" (if any) offered may vary between Australia and New Zealand. Said "warranties" (if any) are offered by the originating manufacturer and not necessarily Redpath.  Different components on buildings have individual warranties ( if any). 

11.  Reservation of Title
11.1  The seller shall retain ownership in the goods until it receives payment in full of all sums owning by the buyer under this or any other contract or otherwise.
11.2  If any of the goods are incorporated in or used as material for other products so as to lose their separate identity, then ownership of that proportion of the new products equal in value to the total sum owing to the seller shall no manufacture immediately vest in the seller absolutely and not by way of charge until the seller received payment in full of all sums owing by the buyer under this or any other contract or otherwise, either from the buyer or by exercising its rights under clause 11.3 PROVIDED THAT the seller may refuse tender of payment and may call for delivery of its proportion of the new product in lieu of payment.  All the provisions of clause 11.3 shall apply to the new products and the proceeds of their sale.
11.3  Until the seller receives payment in full, the buyer shall hold or deal with the goods (clause 11.1) and/or seller’s proportion of the new products (clause 11.2) for and on behalf of the seller and in every respect as a fiduciary and agent.
11.4  If the goods are sold by the buyer prior to payment having been made to the seller, then the proceeds of the sale shall be held by the buyer on trust for and on behalf of the seller in a separate account in accordance with clause 11.8.
11.5  The buyer shall not purport to assign to any other person the right to receive any such money held or owing to the buyer by a third party in respect of the goods an such purported assignment shall be void.
11.6  The seller hereby grants to the buyer the authority to deal with the goods and sell them at full market value in the ordinary course of its business PROVIDED THAT the proceeds of such sale are held or applied as specified in this clause 11, and PROVIDED THAT, on payment being due and unpaid, the seller may immediately withdraw the buyer’s authority granted hereunder.
11.7  Until payment in full is received the seller may, without prejudice to any of its other rights or remedies, repossess any of the goods, whether or not payment may have been received for some, and for that purpose may be its servants or agents enter any premises where the goods may be situated and take whatever other action is required in order to repossess the goods.  The seller shall incur no liability arising as a result of such repossession of the goods, and the buyer hereby indemnifies the seller, its servants and agents, for any alleged liability arising as a result of the repossession, and the buyer shall pay all costs incurred by the seller in respect of the repossession.
11.8  Without limiting the generality of the obligations expressed or implied in the fiduciary relationship of the buyer to the seller, the buyer shall store or mark the goods so as to identify them as the seller’s property; receive and hold all proceeds of sale of  the goods in a separate account in the name of the seller, allow the seller to inspect any records, inventories and accounts of sale of the goods and cease to deal with the goods and deliver them up to the seller immediately should the seller withdraw the buyer’s authority to sell and deal with them.  Transactions entered into after withdrawal of the buyer’s authority to sell and deal with goods shall be void. 

12.  Export Prohibition
These goods are sold for use in New Zealand or Australian markets only, & are not be exported elsewhere, directly or indirectly, without the prior agreement of the seller. Unless specifically stated , goods may not be suitable to all export markets.

13.  Contract
Instructions, verbal stipulations, conditions and variations which are not expressly set out in the contract will not be recognised.

14.  Arbitration
Any dispute arising under this contract shall be resolved in accordance with the provisions of the Arbitration Act 1908, unless the seller decides that an alternative course of actions should, in the circumstances, be preferred.  In that event, the alternative course of action shall instead be taken PROVIDED THAT there are reasonable grounds for preferring that alternative action over arbitration.

15. Conditions Severable
Any part of these conditions is severable and if any provision herein is held to be illegal or unenforceable for any reason, this illegality or unenforceability shall affect only that portion of these conditions which is in conflict and the remainder of these conditions shall remain in full force.

16.  Variation
These conditions of sale may be unilaterally varied by the seller from time to time, and every variation made pursuant to this clause 17 shall be deemed to have been accepted by the buyer unless the buyer can reasonably be seen to have been unfairly prejudiced by the variation.

17.  Termination
Redpath Pacific Ltd New Zealand OR  Redpath Ideal Greenhouses Pty Ltd Australia may at any time in its sole discretion without notice to the Customer terminate the credit account.  Upon termination all amounts outstanding for goods previously supplied to the Customer will become immediately due and payable by the Customer.  After termination Redpath Pacific Ltd OR Redpath Ideal Greenhouses Pty Ltd Australia will not be obliged to supply any goods to the Customer on credit terms

18. Jurisdiction
All contracts made between the seller and the buyer shall be governed by the any construed in accordance with New Zealand law. The supplier does not accept the laws of contract of any other country that it may export to, unless specifically negotiated by the buyer.

19.  Clauses 18 to 26 as hereinafter provided apply on in the case of imports from overseas & exports to overseas markets and must be read in conjunction with clauses 1 to 18.
Waiver
No failure or delay by either of the parties to exercise any right, power or privilege under this agreement, nor any partial exercise of such a right, power or privilege shall operate a waiver thereof.

20. Restriction on Buyer’s Power to Cancel
The seller undertakes at once to forward orders to enable this contract to be performed and in consideration thereof (and subject to suppliers being able to give delivery) the buyer is not to be at liberty to cancel this contract except on giving sufficient notice to enable the seller to withdraw any such order before it is accepted, and in the event of such cancellation to the buyer agrees to pay to the seller all the expenses incurred by the seller in conjunction therewith.

21. Factors Rendering Export Impracticable
If, after goods have been set aside or acquired to fill this contract or part thereof.  Export Regulations in the country of origin or any other reason beyond the control of the seller render it impracticable to export or ship such goods from the country of origin, any loss thereby incurred (whether by resale in that county or otherwise) shall be borne by the buyer.  Any storage costs, insurance, handling, or other charges connected therewith shall be for the buyer’s account.

22. Customs Duties
The purchase price of the goods is subject to the imposition of Customs Duties, or, where appropriate, to any alteration or variation in the applicable Customs Duties.  Purchasers of goods at duty paid prices agree to pay any additional duty demanded by the Customs Department, consequent on their deciding that the F.O.B. value is in excess of the cost as shown by the original invoice.  Any duty overpaid and charged to the buyer will be refunded when reimbursement is received by the seller from the Customs Department C.I.F. or C.I.F. & E. prices in this contract are based upon the rate of marine insurance and freight ruling at the date of the contract, and any subsequent variations in the cost of such insurance and/or freight is to be or the account of the buyer.

23. Trans-Shipping Charges
Trans-shipping charges if applied & in excess to those allowed for in the original invoice shall be to the buyers account.

24. Payment for Overseas Imported Goods
The purchase price of the goods shall be due and payable by return on receipt of invoice unless specifically agreed in writing to the contrary.

25. Foreign Currency Conversions
Where a price is requested in a currency other than New Zealand OR Australian Dollars, the final amount payable shall be calculated at the publicly advertised exchange rate as listed at 9am  by the ANZ Trading bank, on the day of  the pro-forma invoice or sales invoice. 

26. Insurance
Unless otherwise expressly provided, the buyer undertakes to insure the goods under his own open policy.  Any premiums paid by the seller for the insurance are to be added to F.O.B. or C.& F. contract price.  The seller may cover for War Risk Insurance at the buyer’s expense at any time prior to the arrival of goods at their destination.

27. Risk of Voyage
Whether the sale if F.O.B., C.I.F. & E., the buyer  takes all risks of voyage, and production by the seller of a Bill of Lading acknowledging receipt by the or on behalf of the ship of the goods (or of the packages containing the goods) in goods order and condition shall, as between the seller and the buyer, be taken as proof that the goods were in fact shipped in good order and condition.

Note: We recommend that you contact us by fax or telephone when giving credit card details for improved security

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