Legal - Terms and Conditions

Kenwood New Zealand Pty Ltd is hereinafter called 'The Company'. The persons, firm or company requiring, ordering or being supplied with the Company's products and/or services is hereinafter called 'the Purchaser'. The Purchaser must obtain written confirmation of all variations to these general terms (including all representations or understandings which may conflict with one or more of the terms and conditions set out below).

1. PRODUCT PRICES. Product prices are subject to alteration without prior notice. The issue of a new price list takes precedence as from the date on the price list over all previous price lists. All tender and quotation prices quoted by the Company are valid for a period of 30 days and thereafter are subject to change without notice and all products are offered subject to the right of the Company to withdraw them from sale.
2. GST. Sales tax and other Government imposts are not included in prices unless so specified, and will be charged to purchaser's account when applicable.
3. PRODUCT DESIGN AND DEVELOPMENT. The Company reserves the right to modify or redesign any product or part thereof without written notice.
4. FITNESS FOR PURPOSE. The Purchaser assumes responsibility for the capacity and performance of the goods being sufficient and suitable for the purpose for which they are purchased.
5. SUPPLY FOR BUSINESS PURPOSES. Where:
   a) the Purchaser supplies any product to any customer of the Purchaser and that supply would otherwise be subject to the provisions of the Consumer Guarantees Act 1993; and
   b) the Purchaser's customer acquires or holds himself or herself out as acquiring the goods for business purposes in terms of sections 2 and 43 of Consumer Guarantees Act then the Purchaser warrants that it shall obtain the agreement of the Purchaser's customer that the Consumer Guarantees Act 1993 shall not apply to the supply to the Purchaser's customer.
   Where the Purchaser breaches this warranty, the Purchaser shall indemnify the Company against any claim, action, damage, expense, cost or damages incurred by the Company arising out of that failure.
6. DESPATCH. Unless otherwise stated in the quotation any times quoted for despatch are to date from receipt by the Company of a written order to proceed. All such times are to be treated as estimates only not involving the Company in any liability for failure to despatch within such time in all cases whether a time for despatch be quoted or not, the time for despatch shall be extended by a reasonable period if delay in despatch is caused by instructions or lack of instructions from the purchaser by any cause whatsoever beyond the Company's reasonable control.
7. WARRANTY. The Company will honour its obligations set out in any express Warranty given by the Company to the consumer and will honour its obligations owed to consumers pursuant to the guarantees contained in the Consumer Guarantees Act 1993. No other Warranty or condition shall be implied against the Company in favour of the Purchaser by any statute, at common law or otherwise.
8. PROPERTY IN THE GOODS. Risk in any and all products supplied shall pass to the Purchaser on despatch of the products from the Company premises. Legal and beneficial ownership of any and all products shall remain with the Company until payment in full is made for various products and all other products supplied by the Company to the Purchaser. If payment is overdue the Company may recover and/or resell the products or any of them and for that purpose may enter upon any place where the products are stored. Until payment is made in full by the Purchaser of the products, the Purchaser holds the products as bailee for the Company and will store the products in such a manner that they are clearly identifiable as the property of the Company. The rights of the Company shall extend to any mixed products into which the products are incorporated, mixed or used as material for manufacture.
9. TERMS OF PAYMENT. Unless otherwise specified all payments shall be made in full to the Company by the 20th of the month following the date of invoice. Without limiting any of the Company's rights whether pursuant to this agreement or at common law payment by the Purchaser in accordance with the foregoing stipulations will be the essence of the contract, and failure on the part of the Purchaser to make payment on any due date may entitle the Company to treat such failure as repudiation of the contract and itself repudiate further performance thereof and to recover damages for breach of contract.
10. LIMITATION OF LIABILITY/INDEMNITY. With the exception of the Warranty contained at clause 6, the Company shall have no liability or responsibility to the Purchaser in contract, tort or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising. The Purchaser shall indemnify the Company against any liability for any direct, indirect or consequential injury, loss or damage arising out of any act, default or omission of, or any representation made by, the Purchaser or a servant or agent of the Purchaser. The provisions in this clause shall have effect notwithstanding the bringing to an end of this agreement by any means.
11. FORCE MAJEURE. The Company shall be relieved of liability otherwise incurred under this contract whenever and to the extent to which performance of the contract is frustrated, prevented or impeded by statute or act of regulation of any government or by non-availability of import or export licence or allocation of overseas funds or by reason of strikes, lockouts, perils of the sea or air, fire, explosion, tempest, inevitable accident, flood, earthquake, act of the Queen's enemies or failure of the Company's suppliers to deliver to the Company or any other cause whatever which is beyond the Company's reasonable control.
12. CANCELLATIONS / RETURNS. The acceptance of any cancellation or the purchaser's liability for cancellation charges and credit for return of goods shall be entirely within the discretion of the Company. Products or parts will not be accepted for return or credit without written permission of the Company. NO products, parts or repairs will be accepted on any freight forward basis by the Company.
13. FREIGHT DAMAGE NOTIFICATION. Notice of transit damage must be made within 48 hours of receipt of product.
14. WAIVER. Failure of the Company to insist upon strict performance of any of the terms and conditions hereunder or the delay in exercising any of its remedies shall not constitute a waiver of such terms and conditions or a waiver of any default nor the remedy.
15. ARBITRATION. Any dispute or difference arising out of the construction or interpretation of any clause herein or the respective rights or obligations of either party to the contract of sale and any claim arising out of the contract evidenced by the acceptance of this quotation shall be referred to an settled by arbitration..
16. JURISDICTION. The law of Australia shall apply to this quotation and to any contract made in pursuance thereof and to any matter arising thereout.