Terms and conditions of purchase
In these terms and conditions:
- “Trical” means Trical Limited Ltd ((NZBN: 9429035332572).) and any of its related bodies corporate.
- "Seller" means the seller of the Goods.
- "Goods" means the products and including any Software and, if any, services ordered by Trical Limited from the Seller.
- "Order" means the order for the Goods placed by Trical Limited
- “Agreement” means the agreement between the Seller and Trical Limited set out in the Order and these terms and conditions.
- “Law” means all legislation, regulation or other subordinate legislation and other than in civil law jurisdiction common law.
- “Privacy Law” means the Privacy Act 1993 (NZ) and any other privacy legislation in the Seller’s jurisdiction or otherwise to which the parties are subject.
- “Intellectual Property Rights” means any intellectual property right, including but not limited to:
- patents, copyright, rights under the Layout Design Act 1994 (NZ) (and equivalent right outside New Zealand in circuit layouts), registered designs, trade marks, know-how, trade secrets and any rights to have any confidential information kept confidential; and
- any licence or other application or right to use, or grant the use of or apply for registration of, any of the rights referred to in paragraph (i).
- “Software” includes but is not limited to software programmes, source code, object code, scripts, executables, files, libraries and any related documents.
- In consideration of Trical Limited agreeing to place the Order with the Seller for the Goods, the Seller agrees that these terms and conditions shall apply to and be incorporated into the Order. To the extent permitted by Law, other than these terms and conditions, any conditions or other terms which are set out in any offer, purchase order or other document submitted by or on behalf of the Seller are expressly excluded. Modification of these terms and conditions expressed in any document of the Seller does not apply to the Order unless expressly accepted in writing by Trical Limited .
- Where the Order relates to Goods the subject of a contract between the Seller and Trical Limited , the terms of that contract shall apply to the extent of any inconsistency with these terms and conditions.
- No changes to the Order are to be made by the Seller without the written agreement of Trical Limited .
- The Order is placed on a firm price basis and is not subject to increases in price without Trical Limited 's prior approval in writing and unless the Order expressly provides otherwise includes all charges, Taxes (including GST, VAT, sales tax, use tax or any tax analogous thereto), excises, duties, insurance, freight and delivery costs to the delivery address stated in the Order and the off-loading of the Goods by the Seller at delivery address and all amounts payable by Trical Limited for the use or enjoyment of any patents, copyright, registered design, trademarks and other Intellectual Property Rights.
- All invoices for the Goods must meet the requirement of a valid tax invoice under the applicable Law and must include Trical Limited’s company details, the Order number, delivery date, detailed description of the Goods, the price broken down to reflect the same price components on the Order and set out the amount of any applicable Tax.
- Unless otherwise agreed in writing by Trical Limited , or provided herein, the Seller’s tax invoice for the Goods is payable within the period stipulated on the Order or if no period stipulated within 60 days from the end of the month in which the tax invoice was received by Trical Limited except where Trical Limited is required by the applicable Law to pay within a shorter time frame in which case Trical Limited shall pay within that time frame.
- Without limiting its other rights, Trical Limited is entitled to set off from any amount payable to the Seller any amount the Seller owes to Trical Limited , whether under this Agreement or otherwise.
Find out all our terms and conditions of sale in the following document: