Terms of service

 DEFINITION

  • ‘We’, ‘us’ and ‘our’ shall mean Allsports Distribution Ltd or any agents of employees
  • You’ and ‘your’ shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods from
  • ‘Goods’ shall mean all goods, chattels, or services provided by us to you as agreed, and shall include without limitation the import, supply, and/or distribution as the case may be of sports and outdoor products and / or associated material(s) and all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods by us subject to clause 4 of this

COLLECTION AND USE OF INFORMATION

  • You authorise us to collect, retain and use any information about you, or for the purpose of assessing your credit rating, enforcing any rights under this contract, or marketing any goods and services provided by us to any other
  • You authorise us to disclose any information obtained to any person for the purposes set out in clause 1.
  • Where you are a natural person, the authorities under clause 2.1 and 2.2 are authorities of consents for the purposes of the Privacy Act

PRICE

  • All prices are exclusive of GST, freight costs, installation and any other applicable taxes and duties and may be subject to increase due to exchange rate fluctuations and such items and increases are payable in addition to the price.
  • Where no price is stated in writing or agreed to orally the goods shall be deemed to be sold at the current amount as such goods are sold by us at the time of the
  • The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of us between the date of the contract and delivery of


PAYMENT
  • Payment for goods shall be made in full on or before the 20th of the month following the date of the invoice (‘the due date’).
  • Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part
  • Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in this contract shall be paid by you, including any reasonable solicitor’s fees or debt collection agency
  • Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid for in
  • Discounts on goods and/or prompt payment discount rates are at the discretion of us and can be changed or removed at any


QUOTATION
  • Where a quotation is given by us for goods, it shall be valid for thirty (30) days, however, we reserve the right to withdraw the quotation without notice at any time before acceptance, and the quotation shall be exclusive of GST unless specifically stated to the
  • Where goods are required in addition to the quotation you agree to pay for the additional cost of such


RISK
  • The goods shall remain at our risk until delivery to you, but when the title passes to you pursuant to clause 9.1 of this contract the goods are at your risk whether delivery has been made or
  • Delivery shall be made at the place indicated by you and if no place shall be indicated then delivery shall be made at your premises. If you fail or refuse to take or accept delivery, then the goods shall be deemed to be delivered when we were willing to deliver them.
  • The time for delivery shall not be an essential term of this contract unless you give written notice to us making time of the
  • Where we deliver goods to you by instalments and we fail to deliver one or more instalment you shall not have the right to cancel the contract but shall have the right to claim compensation as a severable
  • Delivery date where specified is subject to our supplier’s stock levels and/or order production schedules and accordingly we reserve the right to alter delivery


AGENCY
  • You authorise us to contract either as principal or agent for the provision of goods that are the matter of this
  • Where we enter into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and you agree to pay any amount due under that


TITLE
  • If the goods are ascertained and in a deliverable state, title in the goods passes to you when you have made payment for all goods supplied by
  • Where you have not paid for any goods in your possession, property in such goods shall remain with us and:
    1. The Goods shall be held by you as bail; and
    2. If the goods are attached, fixed, or incorporated into any property of yours, by way of any manufacturing or assembly process by you or any third party, title in the goods shall remain with us until you have made payment of all goods, and where those goods are mixed with other property or as in the part of constituent of any new goods, title to these new goods shall be deemed to be assigned to us as security for the full satisfaction by you of the full amount owing between us and
  • You give irrevocable authority to us to enter any premises occupied by you at any reasonable time to remove any goods not paid for in full by you. We shall not be liable for costs, damages or expenses or any other losses incurred by you or any third party as a result of this action, nor liable in contract or otherwise in any way whatsoever.


RETURN OF GOODS
  • You shall be deemed to have accepted the goods unless you notify us otherwise in writing within 72 hours of delivery of the
  • No goods will be accepted for return without first obtaining a valid return number (RA).
  • Any goods returned may incur a re-stocking fee of 10%.


LIABILITY
  • Except as otherwise provided by statute we shall not be liable for:
    1. Any loss or damage of any kind whatsoever whether suffered or incurred by you or another person whether such loss of damage arises directly or indirectly from goods or services or advice provided by us to you and without limiting the generality of the foregoing of this clause we shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss, and
    2. For any loss or damage beyond the value of the goods provided by us to you in contract orotherwise.
You shall indemnify us against all claims of any kind whatsoever however caused or arising as a result of the negligence of us or otherwise brought by any person in connection with any matter, act, omission or error by us, our agents or employees in connection with the


CONSUMER GUARANTEES ACT
  • The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire goods or services from us for the purposes of a business in terms of section 2 and 43 of the


GENERAL LIEN
  • You agree that we may exercise a general lien against any goods or any property belonging to you that is in the possession of us for all sums outstanding under this contract and any other contract to which you and the company are
  • If the lien is not satisfied within 7 days of the due date we may having given notice of the lien at its option either:
    1. Remove such goods or property and store them in such a place and in such a manner as we shall think fit and proper and at the risk and expense of you, or
    2. Set such goods or property or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage


WARRANTY
  • No representation, condition warranty or promise expressed or implied by law or otherwise applies to goods except where goods are supplied pursuant to the Consumer Guarantees Act 1993 or expressly stated in this contract. This disclaimer includes implied warranties as to merchantability and fitness to a particular
  • We will endeavour to pass on warranties that may be given by our suppliers or any third part such as the manufacturer of


CANCELLATION
  • We shall, without any liability and without any prejudice to any other right it has in law or equity have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods to you if you fail to pay any money owing after the due date or you commit an act of bankruptcy as defined in section 19 of the Insolvency Act
  • Any cancellation or suspension under clause 15.1 of this agreement shall not affect our claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or your obligations to us under this
  • No cancellation of indented orders will be accepted, unless required by New Zealand law. If you fail to complete an order, we can on-sell any goods and use that income to offset any losses from your breach of contract.  In addition, we may claim from you any losses howsoever they arise including lost profit.
  • All agreed cancellations of indented orders will incur a cancelation fee of 20%.

 

ONLINE SALES

  • Goods supplied in New Zealand can only be sold in New Zealand or to customers based in New Zealand
  • The use of any brand names, logos or photos online or elsewhere by the customer must be authorised in writing by us.
  • The sales of any goods via online sales or sites or platforms must be authorised in writing by Allsports before they can commence.


PPSR

The Customer acknowledges that the contract constitutes a security agreement under the Personal Properties Securities Act 1999 (PPSA) that Allsports Distribution has a security interest including but not limited to sporting goods and equipment, sporting apparel, footwear, nutritional supplements and all other associated display stands and promotional material (including any goods to be supplied in the future) supplied by the secured party including any monies outstanding.


ANTI-CORRUPTION

The customer will not directly or indirectly, in private business or public sector dealings, offer, give or agree to offer or give any payment, gift or other advance with respect to any matters which are the subject of these Terms which would violate any anti-corruption laws or regulations; is intended to, or does, influence or reward any person for acting in breach of an expectation of good faith, impartiality or trust, or which a reasonable person would otherwise consider to be unethical, illegal or improper.

MISCELLANEOUS
  • You shall not assign all or any of its rights or obligations under this contract without the written consent of
  • We shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its
  • Failure by us to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligation we have under this
  • The law of New Zealand shall apply to this contract except to the extent expressly negatived or vaned by this
  • Where the terms of this contract are at variance with the order or instruction from you, this contract shall
  • If you are a company of trust, the director(s) or trustee(s) signing this contract jointly and severally guarantee to us the payment of the balance of your credit facility from time to time and the payment of any and all other monies now or hereafter owed by you to us. Any personal guarantee made by any party shall not exclude you in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and you shall be jointly and severally liable under the terms and conditions of this
  • If any provision of this contact shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or
  • We shall not be liable to you for any delay or failure to perform our obligations due to a matter beyond our
  • Goods supplied in New Zealand can only be sold in New Zealand or to customers based in New Zealand
  • The use of any brand names, logos or photos online or elsewhere by the customer must be authorised in writing by
  • The sales of any goods via online sales or sites or platforms must be authorised in writing by us