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Terms and conditions

This website is owned by Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) of 8 Hautu Drive, Wiri, Auckland, 2104.By using this website you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website.

 

COPYRIGHT STATEMENT

All copyright in the website design, text, graphics, the selection and arrangement thereof, and all software relating to this website belongs to or is licensed by Amalgamated Hardware Merchants Ltd. (New Zealand & Australia). This copyright is protected by New Zealand and international copyright laws.

 

No material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) prior written permission.

 

Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) grants you permission to download one copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website for non-commercial use, provided you retain all copyright and other proprietary notices on that material.

 

TRADEMARK STATEMENT

All trademarks, service marks, trade names, branding and get-up (trade dress) on this website belong to Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) or its licensors. Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) does not give you any license or right to use them.

 

GENERAL DISCLAIMER

This website has been compiled by Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) on the basis of current general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) disclaims all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary.

 

Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) makes no representations or warranties that use of the information on this website will not infringe such intellectual property rights.

 

Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) makes no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by Amalgamated Hardware Merchants Ltd. (New Zealand & Australia).

 

Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) makes this website and its contents available on an as is basis. Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) makes no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and Amalgamated Hardware Merchants Ltd. (New Zealand & Australia).

 

LIMITATION OF LIABILITY

The use of the information on this website is at your own risk. Amalgamated Hardware Merchants Ltd. (New Zealand & Australia), its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss or damage arising out of or related to the use, or inability to use, the information on this website or provided through this website by email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

 

LINKS

Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) permits linking to this website, provided that the full html page is loaded. Any such links must not incorporate Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) trademarks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) or its related corporations.

 

Information on this website may include links to the websites of others, including, without limitation, Amalgamated Hardware Merchants Ltd. (New Zealand & Australia). These links are provided for your convenience only. Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) does not endorse, guarantee or approve the content or accuracy of these websites, and does not recommend the products, services or information on these websites.

 

Amalgamated Hardware Merchants Ltd. (New Zealand & Australia)does not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) authorize any such infringement by providing these links.

Amalgamated Hardware Merchants Ltd. (New Zealand & Australia) disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.

 

Terms and Conditions of Sale 

General

All sales shall be subject to these Terms and Conditions of Sale (hereinafter “Conditions of Sale”). These Conditions of Sale supersede any other Terms and Conditions in conflict herewith, including those on the Customer’s purchase order form, if any. The Customer’s receipt of the goods shall constitute its acceptance of these Conditions of Sale. To modify these Conditions of Sale, both parties must sign an agreement to that effect. The Supplier’s agents and representatives have no authority to make any representations, statements, warranties, conditions or agreements that conflict with these Conditions of Sale. Any such unauthorised representations, statements, warranties, conditions or agreements shall not bind the Supplier nor shall they be taken to form part of a contract between the Customer and the Supplier.

 

Definitions

“Goods” means all goods supplied from time to time by the Supplier to the Customer, provided that:

  1. where the Goods supplied are Inventory of the Customer, 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.

“Inventory” has the meaning given to that term in the Personal Property Securities Act 1999. Unless the context otherwise requires, words or phrases shall have the meanings given to them in, or by virtue of, the Personnel Property Securities Act 1999.

 

Terms of Payment

Payment for goods shall be made on the 20th day of the month next following that in which the goods are invoiced to the Customer. Failing payment by due date, and without prejudice to any other remedies available to the Supplier, penalty may be charged from that date on a daily basis on any unpaid amounts at a rate 5% per annum greater than the rate of interest charged by the Supplier’s bank to its best commercial Customers on overdrawn accounts.

 

Risk

The goods shall be at the sole risk of the Customer from the time of delivery as to any loss, damage, or damage oration.

 

Delivery

Delivery shall be made ex the Supplier’s warehouse. The date of delivery shall be the date upon which the Supplier despatches the goods or otherwise deals with the goods in accordance with any instruction given by the Customer. If the Customer refuses to accept delivery, or does not take delivery when the goods are available, delivery shall nevertheless be deemed to have been made; and in those circumstances the Customer shall pay reasonable storage charges until the Customer takes delivery. Time for delivery is based on the Supplier’s best estimates but is not guaranteed and shall not be the basis for any claim by the Customer against the Supplier. Delivery of the goods may be made by instalments. If this occurs the Customer shall pay for each instalment as if it were a separate order.

 

Warranties

AHM warrants that the goods shall conform with any specifications agreed to with the Customer. AHM further warrants that the goods shall conform with any sample furnished to the Customer. Except as stated above, no warranty is given by the Supplier as to the condition of the goods or as to their fitness or suitability for any particular purpose. There are no other warranties whether expressed or implied by law, trade, custom, or otherwise, except for any warranty issued to retail Customers at point of sale with the authority of the Supplier and any rights and remedies available to consumers under the Consumer Guarantees Act or other legislation. The Supplier shall not be liable for defects, malfunctions or failures caused by an act or omission of other persons after the goods have left the Supplier’s control. Under no circumstances shall the Supplier be liable for any incidental, special, indirect or consequential damages or expenses, including loss of profits or loss of operations, whether suffered by the Customer or any third party as a result of defective goods supplied by the Supplier. The Customer agrees to expressly disclaim liability for incidental, special, indirect and consequential damages as a condition of sale to a consumer for business purposes. The Customer indemnifies, and holds the Supplier harmless, from and against any such claims by such consumer. All goods shall fall within standard industry tolerances unless otherwise agreed with the Customer.

No Repudiation

The Customer shall not repudiate a contract to supply goods because of any defect in the goods. A defect in any item subject to a contract shall not entitle the Customer to reject all items.

 

Packaging

The Supplier shall be entitled to make an additional charge for the cost of special packaging eg: containers or pallets if these are required.

 

Ownership of Goods

  1. The goods shall remain the sole and absolute property of the Supplier until the Supplier receives payment in full for the goods and for all other goods supplied by the Supplier to the Customer. 
  2. The Customer acknowledges that the Customer is in possession of the goods solely as bailee in a fiduciary capacity for the Supplier until the Supplier receives payment in full for the goods and for all other goods supplied by the Supplier to the Customer. The Customer shall take reasonable care of the goods, keep the goods separate from other goods and ensure that they are easily identifiable as the Supplier’s goods. 
  3. Prior to the Customer acquiring property in any goods, the Customer shall keep the goods insured for their full insurable value in the name of or on behalf of the Supplier. In the event of any occurrence giving rise to a claim under the insurance policy, the Customer shall, upon receipt of and from the proceeds of such claim, pay any amount outstanding to the Supplier in respect of such goods. Pending any such payment, the Customer shall hold all such proceeds in a separate account on trust for the Supplier. 
  4. If the Customer causes the goods to become constituents of other products prior to payment for the goods, the ownership of those other products shall be vested in the Supplier until all moneys due to the Supplier are paid.
  5. Notwithstanding that the property in any goods may not have been acquired by the Customer, the Customer is nevertheless authorised (subject to any prior termination of this right under Clause 10) to sell the goods on, commercially reasonable terms subject to the following conditions: 
      1. As between the Customer and any purchaser, the Customer shall sell as principal and:
        1. Shall not represent to any purchase that the Customer is in any way acting for the Supplier;
        2. Shall have no authority to bind the Supplier to any of the terms and conditions of the contract or arrangement between the Customer and any purchase except to the extent that the Customer is authorised to provide a warranty to retail Customer in terms of Clause 6.
      2.  Notwithstanding subclause 9 (d) a. above, as between the Customer and the Supplier, the Customer shall be deemed to sell the goods as agent for the Supplier and:
        1. Notwithstanding any period of credit provided for in Clause 3, shall from the proceeds of such sale forthwith pay any amount outstanding to the Supplier for the goods;
        2. Pending payment for the goods as referred to in subclause 9 (d) b. above, the Customer shall hold the full proceeds of sale in a separate account on trust to the Supplier.

     

    Default in Payment

    If the Customer refuses to accept delivery of any goods ordered by the Customer, or defaults in the due payment in full of the price of any goods supplied, all moneys owing by the Customer to the Supplier on any account shall become immediately due and payable. Without prejudice to any other right it may have pursuant to this contract or at law or in equity the Supplier may in any case cancel this contract. If the Customer defaults in making any payment to the Supplier, or if any creditor of the Customer takes any steps to recover monies due by the Customer, or has grounds for taking any such steps, the Supplier or its agent may enter upon any premises where the goods are held to remove the goods and the Supplier may exercise this right without prejudice to any other rights it may have at law or in equity. If the Customer fails to pay any amount which may become due and payable by the Customer to AHM under any clause within these conditions of sale, the Customer shall be liable for and hereby agrees to indemnify AHM in respect of all costs and expenses which AHM may incur as a result of such default, including collection and legal costs.

     

    Indemnification

    The Customer indemnifies the Supplier against any claims by third parties alleging infringement of their intellectual property rights in the following circumstances:

    1. The Supplier manufactured the goods from a sample furnished by the Customer; 
    2. The Supplier manufactured the goods from drawings and specifications furnished by the Customer. 

     

    Waiver

    No failure by the Supplier to insist upon strict performance of any of these Conditions of Sale, nor any delay by the Supplier in exercising any of the Supplier’s rights or remedies, shall constitute a waiver or variation of these Conditions of Sale or a waiver of any such right or remedy.

     

    Goods and Services Tax

    Any goods and services tax, or other taxes of a value added nature, for which the Supplier may be liable on the supply of goods pursuant to this contract, shall be added to the price of the goods and shall be paid by the Customer to the Supplier at the same time and in the same manner as payment for such goods.

     

    Carriage

    If the Supplier arranges for the carriage of the goods on behalf of the Customer, who is not qualified for the FREE FREIGHT conditions as per the RETURN OF GOODS / FREIGHT POLICY terms, the Customer shall be responsible for payment of all freight charges direct to the carrier (or by reimbursement to the Supplier if incurred by it) and for arranging any transit insurance.

    The Customer shall be liable to pay the full amount charged by the carrier if that exceeds any initial estimate.

     

    Intervening Causes

    If any causes beyond the control of the Supplier (eg: war, fire, flood, strike, accident) interfere with the production, sale, transportation, or delivery of the goods, or with the supply to the Supplier of any products or materials necessary to manufacture the goods, the Supplier shall be entitled to suspend, reduce, or cancel, orders or deliveries without any liability on its part.

     

    Intellectual Property Rights

    The customer will not use, reproduce, license, sell, release or modify (including via any Internet site) any images, graphics, photographs or other copyright works supplied by AHM without the prior written consent of AHM.

     

    Personal Property Securities Act 1999 Provision

    Security

    The Customer acknowledges and agrees that:

    1. By assenting to these Terms, it grants a security interest (by virtue of the retention of title clause in these Terms) to the Supplier in all Goods previously supplied by the Supplier to the Customer (if any) and all after acquired Goods supplied by the Supplier to (or for the account of) the Customer; and 
    2. These Terms shall apply notwithstanding anything, express or implied, to the contrary contained in any purchase order of the Customer. 

     

    Financing Statement

    The Customer undertakes to:

    1. Sign any further documents and/or provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
    2. Not register a financing change statement or a change demand without the prior written consent of the Supplier; and 
    3. Give the Supplier not less than 14 days prior written notice of any proposed change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Customer’s address, facsimile number, trading name or business practice). 

     

    Waiver

    Unless otherwise agreed to in writing by the Supplier, the Customer waives its right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.

     

    Governing Law

    These terms will be governed by and construed in accordance with New Zealand law, and the parties hereby submit to the non-exclusive jurisdiction of the courts of New Zealand.

     

    Terms and Conditions of the Return of Goods and Freight

    NON-FAULTY GOODS

    1. Goods are to be returned within 60 days of purchase
    2. A 15% surcharge will apply to cover handling costs and administration. Minimum surcharge $10.00. 
    3. Goods being returned need to have been purchased from AHM and be in a saleable condition as a first class item. 
    4. Incorrectly ordered and supplied goods will only be accepted for replacement/credit if notified to AHM within 7 working days of receipt of goods. 
    5. No credit will be issued for procurements. 
    6. Any freight costs associated with returned goods will be on-charged. 

     

    GOODS DAMAGED IN TRANSIT or SHORT DELIVERED

    1. Claims for these goods must be notified by the customer to AHM Customer Services within 7 days of delivery.
    2. Upon approval, goods will be replaced by AHM and will be sent with your next order. 

     

    PROCEDURE FOR RETURN OF GOODS

    AHM Customer Services or Area Sales Representative must always be contacted and approval gained for the return of goods before any return is actioned. Either the Area Sales Representative will collect the goods and issue a Request for Credit/Replacement/Repair form or Customer Services will arrange courier to collect goods from customer and deliver to AHM.

     

    Important

    1. Goods returned without this prior arrangement will not be accepted by our store and will be returned to the sender freight forward. 
    2. All goods returned must have reference to the packing list / invoice number 

    Attn: Customer Services

    Returned Goods Address: 8 Hautu Drive, Wiri, Manukau, 2104 

    Tel. (09) 251-1300

    Fax (09) 251-1301

     

    FREIGHT POLICY (except Growing Media) AREA

    Codes

    A 

     Auckland – Orewa to Pukekohe  

    H

     Hamilton to Whangarei – includes all towns on State Highway I to each destination including the two centres

    T

     Taupo to Northland – includes all towns excluded from H above

    N

     North Island – balance of North Island (south of Taupo)

    C

     Christchurch

    S 

     South Island – excluding Christchurch

     

    Freight Free Values

    Minimum Freight Free Value (excl GST)

    A - $200 

       next day if despatched by 5pm

    H - $200

       next day if despatched by 5pm

    T - $300

       next day if despatched by 5pm

    N - $300

       next day if despatched by 5pm

    C - $300

       two days if despatched by 5pm

    S - $300

       two days if despatched by 5pm