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Terms and Conditions

 

Trade Accounts – Can I have a standard Monthly Trade Account?

Yes, by separate Credit Qualified Application form. Unless alternative monthly credit arrangements are agreed to. Payment must be made by Direct Debit to the PillarTools company Bank account, prior to goods being despatched. All remittances must be made by electronic Direct Debit. Please contact us at admin@pillartools.co.nz


Is the entire product range displayed online?

Pillar Tools® is proud to offer an extensive and fast-growing range of product categories and individual stock lines. However, not all of our product range is displayed online. Please contact us at sales@pillartools.co.nz or call +64(0)21 332 221 if you would like us to locate a specific Horticultural product for you.


What is Your Indent Forward Order Commitment?

Indent Orders 

All indent forward orders, once signed, will be an irrevocable forward order contract. Any order placed by the Purchasing Department of the accepted organisation with Pillartools® (DTM Distributors Ltd) will be considered an unconditional contract and agreed payment terms and remedies apply. Prices will be in New Zealand Dollars (NZD$). The pricing is good to the expiry time of the indent contract. Any price changes outside of Pillar Tool's control or making, after this price estimation, may alter the fixed quotation price. GST is not included unless stated. Freight not included unless stated. Pillar Tools general 'Terms and Conditions' are accepted as a condition of contract. The TAX Invoice will be issued on acceptance and deposit paid. Liability will remain with the consignee Company and its owners until paid. Dispatch times to NZ may vary due to factory commitments.

Although we do our best to supply on or before the suggested ETA, things can go horribly wrong when least expected. Pillar Tools Company takes no consequential liability over third party production and dispatch times.


Embroidery 

All orders containing Factory Embroidery are considered irrevocable as they are personalised ‘One Way Traffic’. All embroidered orders will require a 25% deposit at the signed acceptance of the Indent Contract and a GST Tax Invoice will be issued immediately.


Indent Payment Terms

• 25% payment on acceptance of the indent contract.
• 25% payment ten days after delivery of goods.
• Balance 20th month following dispatch and Goods Delivery Note issued.
• Any overdue payments may incur a penalty monthly fee of NZ$100 on each Tax Invoice per month overdue, plus Interest on the overdue amounts at the current BNZ Overdraft rate charged by daily balance until overdue amounts are paid.


What does Out of Stock, Back Order or Rain Check mean?

From time to time we do run out of inventory. These items are normally a ‘stocked item’ and will be back-ordered from our supplier to meet your order commitment. However as quite a number of items we sell are sourced outside of NZ, these delayed delivery times may at times be quite long – sometimes up to five months. If this occurs, you will be advised of the situation. Our standard terms of trade cover these items. Once your order has been ‘locked-in’, accepted and paid for, the final price delivery will not alter [Rain Check].

For more information on the supply lead-time for a specific product, please contact us at sales@pillartools.co.nz or call +64(0)21 332 221. Monday to Friday between the hours of 8:30am to 5:00pm. We will be able to get in contact with our supplier and get back to you for further information.  

Run-Out Sale; Re-Works; Seconds; Used Product; Demonstration Goods; are sold “as is-shere is” and has no refund or warranty liability.


Why can some product pricing differ?

Product pricing on Pillar Tools®  may differ to those prices shown on the same item elsewhere. This can occur due to supply, freighting options and promotional timing. Pillar Tools®  is a stand-alone importing and distribution company. Pillar Tools®  reserves the right to determine the correct price is paid, without consequence. All pricing is in New Zealand dollars (NZD$) and unless stated otherwise will include NZ Goverment Goods and Services Tax (GST) of 15%. 


What does 'Special Items Bought In' mean?

Special items bought in are products or items which Pillar Tools® does not ordinarily keep in stock (a non-stocked item). These items will need to be specially ordered in from our supplier just to full-fil your order. If this is the case, the lead time is dependent on the availability of the product with the supplier and can take up longer than 3 months (Ex-Factory) to arrive. If you have clicked onto this item and created a purchase, one of our team will contact you immediately and advise the delays and ask whether you still wished this item to be placed on ‘Back Order Supply’. In most cases our refund and returns policy excludes ‘Special Items Bought In’ as we will be unable to return these items to our supplier. This purchase irrevocable classification will be noted on your invoice.


What if the product has been discontinued or withdrawn?

As part of our on-going product update and revision policy, we may revise, withdraw and/or discontinue products at any time without notice, The customer accepts that Pillartools®  policy may result in slight differences between the specification of products displayed and the exact specification of products delivered to the customer. We will ensure any revised or updated products will match the functionality and performance of the products ordered. As some product images are designed to cater for the global market and where New Zealand local content has been specified, some product images may differ slightly from that same product offered in New Zealand. If you need more specific details or clarity on this matter, please contact us at sales@pillartools.co.nz or call +64(0)21 332 221.


Errors and mistakes made on 
Pillar Tools® website?

All effort is made to ensure pricing, product specification and any other information displayed on Pillar Tools® website is accurate and up to date. However, on the odd occasion inadvertent errors can occur. Pillar Tools® reserves the right, without consequence, to decline orders arising from such errors. We encourage feedback about our website on any of our products, services and accessories. Please feel free to contact us at info@pillartools.co.nz if you feel we may have overlooked any information.


Website – Terms Of  Use and Disclaimer 

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE (this "SITE")
By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site. These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand/Australian law.


Copyright

Pillar Tools® (the “company”). All logo’s, site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2010-2018 Pillar Tools Company. ALL RIGHTS RESERVED. Any use of materials on this site, including reproduction for purposes, modification, distribution, or republication, without prior written permission of the company is strictly prohibited.

Disclaimer

The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by the law, the company disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-fringement, freedom from computer virus, and implied, warranties arising from course of dealing or course of performance. In addition, the company does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.

Limitation on Liability

In no event shall the company be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if the company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

External Sites

This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that the company is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. 

Parallel Import Products

From time to time we may Parallel Import ‘branded’ products. These will be genuine branded products (not copy or fakes) sourced globally to bring you the real thing at unreal prices. They will be guaranteed to be manufactured to international specifications. All Parallel Import products carry the Pillar Tools® standard consumer one year warranty. For any queries within NZ relating to Parallel Import products please contact info@pillartools.co.nz or call +64(0)21 332 221.

Errors and mistakes made on Pillar Tools®  website?

All effort is made to ensure pricing, product specification and any other information displayed on Pillar Tools® website is accurate and up to date. However, on the odd occasion inadvertent errors can occur. Pillar Tools® reserves the right, without consequence, to decline orders arising from such errors. We encourage feedback about our website on any of our products, services and accessories. Please feel free to  info@pillartools.co.nz if you feel we may have overlooked any information.


The Legal Stuff

Please read through our important Terms and Conditions of sale, for all goods and services purchased from PillarTools® a division of DTM Distributors Limited (“The Seller”). As the buyer (“The Purchaser”) prior to ordering Goods and Services from the “Seller",  has accepted the reading, understanding, agreeing and complying with the “Terms and Conditions” hereunder below.

In Acceptance: Unless expressly altered or modified by the Seller, the following terms and conditions apply and shall be deemed incorporated in, and form part of the acceptance by the Seller of, the Purchaser’s official authorised “Purchase Order”. These terms and conditions will apply notwithstanding anything, express or implied, to the contrary contained in any purchase order (or its equivalent, whatever called) of the Purchaser. Unless agreed prior to acceptance by the Seller in writing.

1. Delivery

1.1 The Seller shall not be responsible or liable in any way to the Purchaser for delays or defaults in delivery of the order of any part of it nor for any direct or consequential loss or damage arising from any such delay or default. Delay or default in delivery does not entitle the Purchaser to cancel any order.

2. Price

2.1 Unless agreed otherwise in writing by the Seller, Goods will be invoiced at the Seller’s current price at the date of the relevant invoice.

2.2 However, the prices are subject to any variations in the rate of exchange (FX rate), and to any costs and expenses additional to the ordinary costs of effecting delivery caused by War, Government action, variation in customs duties, Act of God, substitution of Goods, shortage of supplies, increased shipping charges, change in foreign exchange rates or any other event of “force majeure”.

3. Payment

3.1 Full payment is due as specified in either the Tax Invoice, Special Payment Plans or on or before the 20th of the month following delivery of Goods. The Purchaser may not withhold payment or make any deductions from or set off any amount against any amount owing without notifying the Seller and gaining prior written consent.

4. Risk and Title

4.1 Risk of any loss, damage or deterioration of or to the Goods passes to the Purchaser on delivery to the purchaser’s premises.

4.2 Ownership title of the Goods remains with the Seller and does not pass to the Purchaser until the Purchaser pays the amount owing in full.

4.3 While ownership title of the Goods remains with the Seller: (a) the Purchaser must store them separately and clearly identify them as belonging to the Seller. (b) The Seller authorises the Purchaser, in the ordinary course of the Purchaser’s business, to use the Goods or sell them for full consideration. This authority is revoked immediately if: (i) an Event of Default occurs; or (ii) The Seller notifies the Purchaser in writing that this authority is revoked; and (c) The Purchaser must advise the Seller immediately of any Event of Default or any action by third parties (including any of its creditors) affecting the Seller’s interest and title in the Goods.

4.4 The Seller may apply any payments received from or on behalf of the Purchaser in reduction of the Amount Owing in such order and manner as the Seller thinks fit (despite any direction to the contrary and whether before or after the occurrence of an Event of Default).

4.5 If the Purchaser resells or uses any Goods before ownership of the Goods has passed to the Purchaser, the proceeds of such sale or use shall be received and held by the Purchaser (in whatever form) in trust for both the Purchaser and the Seller. The Seller’s interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed the Amount Owing. The balance of the proceeds (if any) shall be the Purchaser’s beneficial interest under that trust.

4.6 The Seller may bring an action for the price of the Goods sold even where ownership and title of the Goods may not have passed to the Purchaser.

5. Guarantees and Conditions

5.1 Except as provided in these terms, no representation, warranty or condition shall be implied against the Seller (including but not limited to those conferred in the Sale of Goods Act 1908), unless it is in writing and signed by the Seller.

5.2 The Purchaser acknowledges that the Seller does not provide any express guarantees (as defined for personal and private use in the Consumer Guarantees Act 1993) other than those expressly confirmed by the Seller in writing.

5.3 The Purchaser indemnifies the Seller upon demand against any liability of cost incurred by the Seller under the Consumer Guarantees Act 1993 as a result of any breach of the Purchaser of any of its obligations pursuant to these terms and conditions.

5.4 Nothing in these terms and conditions 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 and conditions are to be modified to the extent necessary to give effect to that intention.

5.5 The Consumer Guarantees Act 1993 does not apply to the sale & purchase contracts on a commercial business user basis.

6. Limits of the Seller's Liability

6.1 If the Goods are purchased for business purposes, the Consumer Guarantees Act 1993 does not apply to these terms and (a) the liability of the Seller to the Purchaser shall not in any case exceed the purchase price of the Goods in respect of which such liability arises; (b) the Seller will have no liability for damages or consequential loss to the Purchaser arising from such breach; (c) the Seller will not be responsible for any damages whatsoever to the Goods resulting from the malfunction of such Goods where they are: (i) fitted by unqualified tradespeople; (ii) fitted in an untradespersonlike manner; (iii) in any way adapted to a use to which they are not specifically intended; and/or (iv) added to or repaired by components not recommended or approved by the manufacturer of the goods and ..

6.2 (a) Where the Consumer Guarantees Act 1993 does not apply to these terms the Purchaser may reject non-conforming or defective Goods by lodging a claim with the Seller within 7 days of receipt, quoting the packing slip numbers and date, and the Seller may, in its sole discretion, repair, replace or refund the purchase price of the Goods. No Goods are returnable after 7 days. No credit will be issued for items specially brought in that are not part of our normal stock range (b) Where goods are returned in accordance with clause 6.2(a) a restocking fee of $50.00 may be charged or for goods of a high value or special nature a percentage up to 25% of the purchase price may be charged.

7. Personal Property Securities Act 1999 (PPSA)

7.1 Without limiting anything else in these terms and conditions, the Purchaser acknowledges that ‘The Retention of Title’ in these terms and conditions creates a Security Interest in all present and after acquired Goods supplied by the Seller to the Purchaser under these terms and conditions to secure the Purchaser's performance of its obligations under these terms and conditions.

7.2 The Purchaser undertakes to: (a) promptly do all things, sign any further documents and/or provide any information which the Seller may reasonably require to enable the Seller to perfect and maintain the perfection of its Security Interest (including but not necessarily by registration of a Financing Statement (as defined in the PPSA)); (b) give the Seller (addressed to the Financial Controller or equivalent) not less than 14 days’ prior written notice of any proposed change in the Purchaser’s name and/or any other change in the Purchaser’s details (including, but not limited to, changes in the Purchaser’s address, facsimile number, registered Office email address, trading name or business practice); and (c) immediately on request by the Seller (and at the Purchaser's expense) obtain from any third party such agreements and waivers of any Security Interest that third party has in respect of the Goods, to ensure that at all times the Seller has a first priority Security Interest in the Goods.

7.3 The Purchaser waives its right to receive a copy of any verification statements under the PPSA.

7.4 The Purchaser agrees that as between the Purchaser and the Seller : (a) the Purchaser will have no rights under (or by reference to) sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA; and (b) where the Seller has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

8. Default

8.1 If an Event of Default occurs: (a) the Seller may suspend or terminate any contract to supply Goods to the Purchaser; (b) the Amount Owing shall immediately become due and payable notwithstanding that the due date has not arisen; (c) the Seller may enforce the Security Interest; and (d) the Seller may (without the consent of the Purchaser) appoint a receiver in respect of any Goods and any receiver is authorised to do anything referred to in these terms and conditions and otherwise to exercise all rights and powers conferred on a receiver by law.

8.2 The Purchaser agrees that, at any time after an Event of Default has occurred and is continuing or at any time if any Goods are at risk, the Seller may: (a) take possession of any Goods; and/or (b) sell or otherwise dispose of any Goods, in each case in such manner and generally on such terms and conditions and conditions as it thinks fit, and, in each case, otherwise do anything the Purchaser could do in relation to those Goods. The Seller and the Purchaser agree that section 109(1) of the PPSA is contracted out of in respect of particular Goods if, and only for so long as, the Seller is not the secured party with priority over all other secured parties in respect of those Goods. As the Purchaser’s agent, the Seller (and its employees and agents) may, without prior notice, enter any land or premises where the Goods are kept in order to take possession of and/or remove them, without being responsible for any damage caused in doing so. The Purchaser agrees to procure all other rights (including consents) necessary to enable, and to indemnify the Seller (and its employees and agents) against any liability incurred in connection with, such entry, taking of possession and removal. The Seller may resell any of the Goods and apply the proceeds of sale in reduction of the Amount Owing.

9. Overdue Accounts

9.1 If the Purchaser does not pay the outstanding Amount Owing by its due date, the Seller may charge the Purchaser a monthly overdue Fee ($100) plus interest, at rates equal to the overdraft lending rate charged by the Seller’s bank by daily balance and any discounts may be disallowed and debited back. The Purchaser is liable for costs incurred in the collection of overdue amounts.

10. Use of Information

10.1 The Purchaser irrevocably authorises the Seller to receive, use and disclose information about the Purchaser from the Purchaser or any other person (including other members of Allied associations or compatible reselling or supply companies and any credit or debt collection agencies) to assist credit approval, debt collecting, direct marketing activities and management of any credit facility granted to the Purchaser.

10.2 The Purchaser must notify the Seller of any change in circumstances that may affect the accuracy of the information provided by the Purchaser to the Seller.

10.3 If the Purchaser is an individual (i.e. natural person) the Purchaser has rights to access and correction of information held by the Seller.

10.4 If the Purchaser is a Director individual of (i.e. natural person appointed as a Director) the Purchaser (Company) They have rights to access and correction of information held by the Seller about the Company.

11. Miscellaneous

11.1 The Seller is entitled at any time to assign to any other person all or part of any debt owing by the Purchaser to the Seller.

11.2 The rights, powers and remedies provided for in these terms and conditions are in addition to, and do not limit or exclude (or otherwise adversely affect) any right, power or remedy provided to the Seller by Law and do not limit or exclude (or otherwise adversely affect).

11.3 The Seller reserves the right to review any of these terms and conditions at any time and from time to time. If, following any such review, there is any change to these terms and conditions that change will take effect from the date on which the Seller gives notice to the Purchaser of such change.

11.4 If the Purchaser is a trust, these terms and conditions will bind each trustee of that trust and each trustee personally. The Seller’s rights against each trustee will only be limited if the trustee is an independent trustee (not being a trustee who has a right to or interest in any of the assets of the trust except in the trustee’s capacity as trustee of that trust).The liability of an independent trustee shall be limited to the assets of the trust. However, this shall not affect the liability of an independent trustee who has guaranteed the Purchaser’s obligations under these terms and conditions in his or her personal capacity.

12. Interpretation

12.1 In these terms and conditions: “Amount Owing” means, at any time, the unpaid price charged by the Seller for the Goods, and any other sums which the Seller is entitled to charge under these terms and conditions or which are otherwise owing by the Purchaser to the Seller (in whatever capacity). An “Event of Default” means an event where: (a) the Purchaser fails to comply with these terms and conditions or any other agreement with the Seller; or (b) the Purchaser is subject to any event which is in the nature of dissolution, winding up, bankruptcy, liquidation, insolvency or receivership, or which generally precedes such an event; or (c) an event occurs or information becomes known to the Seller, which in the Seller’s opinion, might materially affect the Purchaser’s creditworthiness, the value of the Goods the subject of the Security Interest, or the Purchaser’s ability or willingness to comply with its obligations under these terms and conditions or any other agreement with the Seller; or (d) any guarantor of the Purchaser’s obligations under these terms and conditions is in default under any agreement with the Seller (in any capacity). “Goods” means all Tools, Spare parts, Textiles, Apparel, Personal items, Mechanical machines, Components and Accessories attached to any of the above and services performed from time to time by the Seller to the Purchaser and (unless the context requires otherwise) includes all proceeds (as that term is defined in the PPSA) of such Goods and any product or mass which the Goods subsequently become part of. “Purchaser” means the authorised person engaged in the issue and satisfaction of the Supply Order automatically accepts and agrees to these terms and conditions, and includes that party’s permitted successors and assigns. “Seller” means the person or Company Director identified on the front page of these terms and conditions, and includes that party’s permitted successors and assigns.

12.2 “Security Interest” has the meaning given to that term in the PPSA.

12.3 In these terms and conditions, references to the PPSA, the Consumer Guarantees Act 1993 and the Privacy Act 1993 include that legislation as it is from time to time amended, re-enacted or substituted and any statutory instruments, regulations and orders issued under such legislation.

                                                                                                                                                                                                   December 2017

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