We have a physical store The Natural Petshop Ltd at 235 Main Street, Upper Hutt.
In these conditions unless the context otherwise requires:
• Company means Top Dog Direct.
• Buyer means the person, or company buying the goods from the Company.
• Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
• Contract means the contract between the Company and the Buyer for the purchase of the goods.
• Contract price means the price of goods as agreed between the Buyer and the Company.
• Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.
If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon delivery of the products or services to the Buyer, the terms and conditions are definitive and binding.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer.
The Price shall be as indicated on the Website provided by the Company to the Buyer in respect of products and/ or services supplied at the time of payment and or as set out in the invoice for products. Please note the distinction made with the Handicapped Pets Wheelchairs. The Terms for the Wheelchairs are provided in the text on the main page and reflect the fact that we expect customers to recompense us for the costs of importing the chairs.
Time for payment for the products where credit is provided shall be of the essence. If no time is stated then payment shall be due on delivery of any goods.
6. Payment, Late Payment, Default of Payment and Consequences of Default of Payment
The method of payment will be:
Subject to any provision to the contrary agreed with the Company, payment shall be received upon order of the goods or services. Where alternative means of payment is agreed payment shall be made on the terms agreed in writing. If terms are not agreed in writing but credit given then payment shall be due before the twentieth of the month following the date of the Company’s invoice to the Buyer.
Late payment shall incur interest at the rate of 15% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
In the event that:
a. any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
b. the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
d. the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
Should the Company be required to initiate recovery of any payments pursuant to these Terms and Conditions all costs of recovery including court and legal fees shall be owed by the Buyer to the Company. For the avoidance of doubt the Buyer shall indemnify the Company for all costs associated with recovery.
7. Governing Laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
8. Dispute Resolution
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
9. Reservation of Title
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.
The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within thirty (30) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim