Terms and Conditions of Trade for

Southern Salon Supplies

 

1. General

 

1.1. Introduction

These Terms & Conditions form the principles under which Southern Salon Supplies conducts business with its customers and clients.

While we have tried to make these Terms & Conditions easy to read and understand, it is important that you let us know if you find any part difficult to understand or to accommodate so that we can improve future revisions of this document. This does not mean however that you may disregard any provisions in this document when dealing with us.

We refer to ourselves, Headquarters Hairdressing Limited trading as Southern Salon Supplies, throughout this document variously as “Us” or "We" or "Our". We refer to you, our customer or client, throughout this document as "You" or "Your". The normal conventions of English capitalisation and grammar apply to these definitions throughout the document. For example we may refer to "your order" or "our invoice".

We refer to both parties by the use of normal English such as "both of us".

When this document refers to "days" it means working days, as used in New Zealand. When we refer to weeks or months it means calendar weeks or calendar months respectively.

We will do business with you on the understanding that both of us will abide by these Terms and Conditions

This document contains a number of provisions that relate to confidential information. It is your responsibility to ensure that this information is correct and that you have read and understood this document.

1.2. Conduct

Southern Salon Supplies expects to conduct business with you in a professional manner, and believes that maintaining a good relationship with you is one of our highest priorities. Both of us will act in good faith at all times when dealing with each other.

1.3. Confidentiality

We will both keep details of our business confidential, with the following exceptions:

1. Either of us may refer to the existence of our commercial relationship with the other unless we have both previously agreed not to in writing.

2. This referral is limited to statements of the existence of this commercial relationship and may include the use of any generally available logos and trademarks (with acknowledgements) and links to Internet web sites.

Where appropriate, we may agree to the terms of an additional Confidentiality Agreement (also known as a Non-Disclosure Agreement). These Terms and Conditions will take precedence over any additional agreement with regard to the specific prior terms in this section.

2. Supply of Goods

2.1. Supply Criteria

The supply of hairdressing supplies is restricted by our suppliers. These restrictions require us only to supply to registered salons and mobile hairdressers.  You maybe requested to supply additional information. Accordingly, we reserve the right to cease or refuse supply to those we consider do not meet this criteria.

As all products are supplied in the course of business, the Consumer Guarantees Act shall not apply.

2.2. Quotes, Pricing & Orders

All quotes are valid for 30 days from the date of issue.

All prices that we quote are in New Zealand Dollars ($) and are exclusive of shipping & handling or GST. These will be invoiced at the prevailing rates on the date of invoicing.

We reserve the right to change the pricing of goods & services at any time.

We reserve the right to refuse orders without giving any reasons.

Orders for goods will be accepted over the Telephone, via Fax message signed by the owner or manager, given verbally to our Sales Representative when on your premises, by email from you or by calling at our warehouse. We may rely on your employee’s instructions without further enquiry as to authorisation

2.3. Ownership

All items remain the property of Southern Salon Supplies until paid for in full.

If it becomes necessary to recover items supplied but not paid for, you will be liable for the cost of this recovery (including all our legal costs) and in addition any costs incurred restoring those items to saleable condition or where they cannot be restored, the entire cost of those items.

You acknowledge and agree that these Terms & Conditions constitute a security agreement for the purposes of the Personal Property Securities Act 1999 (“PPSA”). You give us a security interest under PPSA in all Goods previously supplied and all goods which will be supplied by us to you. You waive or contract out of the provisions which section 107 of PPSA allows to be waived or contracted out.

2.4. Delivery & Risk

Please also see 2.5. Receipt & Use of Products below regarding receipt and insurance of items.

Orders will be shipped for next day delivery within the South Island of New Zealand by our chosen carrier. For the North Island of New Zealand delivery will be the day following the next business day. If you wish to use alternative methods of shipment please let us know when placing your order. The use of such alternative method of shipment shall be at your expense.

Delivery costs by our chosen carrier will be free for deliveries within the South Island for any order in excess of $200.00 excluding furniture.

Delivery costs by our chosen carrier will be free for deliveries within the North Island for any order in excess of $200.00 excluding furniture.

Delivery costs on Orders for less than the above values will be at the carrier’s current rates.

Items that are in stock will typically ship within one day from acceptance of order.

Any items not available at the time your order is received will be ordered from our suppliers and you will be informed of a likely delivery date. We cannot guarantee that we will be able to ship items that are out-of-stock by any specific date. In this case we will give you the opportunity to cancel your order.

We are not responsible for any loss arising from our failure to deliver items by a required date.

We may choose to ship an order to you in multiple parts. In this case you will only be charged for one delivery and we will pay the remaining costs of delivery. We reserve the right to hold items until they can be shipped to you as a complete order.

Even though we retain ownership of goods until they are paid for in full, all risk for the Goods sold passes to you on dispatch from our warehouse.

We are entitled to receive the insurance proceeds payable for goods damaged or destroyed after delivery for so long as we remain the owner of the Goods. Your insurer must pay us if we ask for payment and produce these Terms & Conditions

2.5. Receipt & Use of Products

We will be responsible for ensuring that items sent to you have reasonable insurance to cover against loss or damage during delivery.

Goods must be inspected on delivery and any damage or shortages must be reported to us within 24 hours. Please phone us on 0800 104 410 to report this. You will be liable for any loss or damage to items that occur after you have received them.

It is your responsibility to ensure that your use of any items supplied by us is within the parameters and necessary environment specified by the manufacturer of that item. We cannot be liable for any failure or malfunction arising from misuse of items supplied.

2.6. Warranty

We expect that items that we supply will be suitable for the purpose intended by the manufacturer. If this is not the case you may return items for either refund or exchange as allowed by New Zealand Law.

We do not offer any warranties additional to those offered by the manufacturer unless otherwise previously agreed when your order is accepted. Not all manufacturers offer warranties as standard. It is your responsibility to ensure that you have made adequate provision for the maintenance of any items purchased.

Where an item is found to be damaged on receipt we will arrange for collection at no charge to you. See 2.5.  Receipt & Use of Products above.

You will be responsible for the costs of carriage of any items back to us for maintenance, unless otherwise previously agreed in writing. You will be responsible for the care of these items until they are delivered to us by your chosen carrier.

2.7 Returns (does not apply to furniture plant)

If you wish to return an item, other than an item of furniture or plant, because it is no longer required by you then this must be done within one week of delivery at your expense. In the event of there being no fault with returned items, we reserve the right to charge a restocking fee not exceeding 10% or $15 (whichever is greater) of the price of the items. Items will only be accepted for restocking if they are complete, unused and in perfect condition suitable for resale with their original packaging. Delivery costs for any alternative goods will be charged to you.

3. Billing

3.1. Products

We will normally issue an invoice for any items that have been dispatched on the day of dispatch. If you require an invoice in advance of delivery to enable payment to be processed please inform us.

4. Payment

4.1. Payment Methods

We are able to accept the following methods of payment for any products or services provided: Payment other than in cash occurs only when available to us in cleared funds

-Company or personal cheques, made payable to "Southern Salon Supplies"

-Direct deposits to our bank account

  BNZ 02 0900 0164051 00

-Credit Card

-Cash. Cash should only be used for collections from our warehouse.

4.2. Normal Transactions

If you do not have an existing credit agreement with us then payment in full is required with any order. We will not deposit your payment until we are able to ship the items that you have ordered.

4.3. Credit Facilities

We operate on a Cash ‘N’ Carry basis. Payment for goods should accompany the purchase order.

We may choose to provide you with a credit facility. We will inform you in writing of the details of this facility and any additional conditions not detailed in this document.

We reserve the right to terminate this facility without prior notice and without reason at any time. Payment terms for outstanding delivered products and services will not be affected, but any undelivered products or services will be subject to our normal terms at that time

We reserve the right to charge interest on outstanding debts at a rate of the Reserve Bank of New Zealand "ORC rate" plus 8% per annum calculated on a weekly basis from the first date overdue.

5. Personal Guarantee

If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Southern Salon Supplies agreeing to supply Products and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Southern Salon Supplies the payment of any and all monies now or hereafter owed by the Customer to Southern Salon Supplies and indemnify Southern Salon Supplies against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder

You will be liable for all costs incurred recovering outstanding debts.

Governing Law

These Terms and Conditions are subject to the laws of New Zealand and both parties agree to submit to the exclusive jurisdiction of the New Zealand courts.

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