SHOPPING CART
Terms and Conditions of Sale
1 DEFINITION
1.1 “Suppliers” mean Coast 2 Coast Sports NZ Ltd (1791819)
1.2 “Purchaser” means the person ordering the goods the subject of this Contract.
1.3 “Goods” means the goods supplied by Coast 2 Coast Sports NZ Ltd.
1.4 “Date of delivery” is the date upon which the goods are delivered to the premises of the Purchaser or to
the Purchasers nominated carrier.
1.5 “The Monies Due” includes the purchase price for the goods and any delivery and freight charges, GST.
and extra packaging charges, if any.
2 GENERAL
The only contractual terms which are binding upon the Suppliers are those set forth herein or otherwise
agreed to in writing by the Suppliers and those which are imposed and which cannot be excluded by law.
All other conditions, warranties, representations, statements and obligations, whether expressed or
implied which would otherwise be binding on the Suppliers are to the extent permitted by law hereby
expressly excluded and negatived.
3 ORDERS
3.1 Orders shall only be accepted by the Suppliers on the basis of payment of the order being made at the
time the order is placed.
3.2 Orders for non stocked goods:
3.3 Shall only be accepted by the Suppliers when such orders are in writing and;
3.4 Shall not be subsequently cancelled by the customer unless agreed to in writing by the Suppliers.
4 CREDIT CLAIMS
Goods may only be returned to the Suppliers subject to the conditions as follows:
4.1 The Suppliers must be notified by the Purchaser of the Purchasers intention to return goods and the return
MUST be authorised by the Company in writing the issuing of the suppliers authorisation number before
such return is effected.
4.2 The Suppliers shall not accept the return of goods unless such goods are returned to the Suppliers within
seven days of the date of receipt by the Purchaser of such goods pursuant to an order.
4.3 Goods returned must be accompanied with a copy of the relevant invoice number. The Suppliers
authorisation number and the name and address of the Purchaser and via the Suppliers nominated carrier.
4.4 The Purchaser shall be responsible for all charges and costs incurred in the return of goods unless such the
Suppliers determine otherwise.
4.5 Credit claims for shortages must be notified to the Suppliers in writing within 48 hours of receipt of the
goods.
4.6 The Suppliers shall not accept or agree to a credit claim made where the Purchaser has had the goods
delivered directly to the Purchasers printers or embroiderers.
4.7 Credit claims shall not be accepted by the supplier where the goods are samples, unless returned within
10 days.
5 PRICE AND PAYMENT
5.1 Prices of goods are subject to periodic change.
5.2 Non stocked goods will be quoted accordingly.
5.3 The Suppliers payment terms are that payment shall be made by the Purchaser to the Suppliers for all
goods supplied.
5.4 If a credit account has been opened for the Purchaser, the Suppliers will accept and despatch orders on
the basis that the payment will be received by the Suppliers within 7 days of the receipt by the Purchaser
of the goods.
5.5 If payment is not made in accordance with Clause 5.3 then interest and administrative charges calculated
at the overdraft interest rate charged to the suppliers by their Bank shall accrue on the monies due and
payment shall be credited by the Suppliers firstly against any interest and administrative charges due.
5.6 Monies due by the Purchaser to the Supplier shall become payable immediately upon the Purchaser
committing any act of insolvency.
6 RISK
Risk in the goods shall pass to the Purchaser as the date of delivery and the Purchaser shall insure all
goods that are at its risk.
7 TITLE
7.1 Notwithstanding that Risk in the goods shall pass to the Purchaser as herein provided, the full legal and
beneficial title to and ownership of the goods shall be retained by and remain with the Suppliers
absolutely, until the whole of the monies due under the invoice are paid in full.
7.2 In the event that the Purchaser defaults in the terms of payment for the goods, the Suppliers shall have
the right to re-take possession of the goods by adopting whatever lawful means may be necessary where
ever such goods may be located and the Suppliers shall have the right themselves or by their servants,
employees, agents or authorised representatives to enter the Purchasers premises without any such
person being deemed a trespasser to retake possession of the goods situated or stored thereon.
7.3 The Purchaser may sell the goods to a third party provided that the proceeds of any such sale are kept
separate from all other monies held by the Purchaser.
7.4 The Purchaser hereby acknowledges that the Suppliers have a lien over all goods in the possession of the
Purchasers which belong to and are owned by the Purchaser to secure payment of any monies due to the
Suppliers.
8 CHANGE OF OWNERSHIP
The Purchaser hereby agrees to notify the Suppliers in writing of any change of ownership of the
Purchaser within seven days from the date of such change and indemnifies the Suppliers against any loss
incurred by the Suppliers as a result of the Purchasers failure to do so.
9 JURISDICTION
The parties herby agree that the proper law of all contracts arising between the Suppliers and the
Purchaser is the law of New Zealand and the parties hereto agree to submit to the jurisdiction of the
Courts of New Zealand or agree to arbitration.
10 COLLECTION CHARGES
The Purchaser herby agrees to pay all costs incurred by the Suppliers including commission charges by
Collection Agencies and legal costs and disbursements (including Solicitor/Client cost) for the collection of
any outstanding monies owed by the Purchaser to the Suppliers.
Copyrights and Restrictions of Use
All the content included on this web site, including all the text, graphics, photographs, logos, icons, buttons and images ("Content"), is the property of Coast to Coast Sports NZ Ltd, or its content suppliers or its product suppliers and protected by New Zealand and international copyright laws. The compilation, collection, selection, arrangement, assembly, and coordination of all Content available on this web site is the exclusive property of Coast to Coast Sports NZ Ltd and protected by New Zealand and international copyright laws.
All Content on this web site may only be used by you for personal sampling and information gathering. You may make copies of selected portions of the Content, provided that such copies are made only for your personal use and only if you maintain any proprietary notices contained in such Content. Any other use of the Content, including but not limited to, the reproduction, modification, distribution, transmission, republication or display for any other purposes is strictly prohibited.
Trademarks
Graphics, logos, and service names used on this web site are the trademarks of Coast to Coast Sports NZ Ltd or its suppliers. Trademarks may not be used in connection with any third-party products or services or in any manner that disparages or discredits us or our suppliers. All other brands and names (including third-party product names) are the property of their respective owners.
Limitation on Liability
As partial consideration for your use of and access to this web site, you agree that: (i) in no event will Coast to Coast Sports NZ Ltd or any other party involved in creating, producing, or delivering this web site or any site linked to this web site, be liable to you in any manner whatsoever for any decision made or action or non-action taken by you in reliance upon the information provided through this web site; and (ii) the aggregate liability of Coast to Coast Sports NZ Ltd, or any of its distributors or dealers, arising from or relating to this agreement (regardless of the form of action or claim, e.g. contract, warranty, tort, strict liability, negligence, malpractice, fraud, and/or otherwise) is limited to the purchase price of any products supplied or purchased from Coast to Coast Sports NZ Ltd in the relevant transaction; and (iii) Coast to Coast Sports NZ Ltd shall not in any case be liable for any direct, indirect, special, incidental, consequential, or punitive damages, even if Coast to Coast Sports NZ Ltd has been advised of the possibility of such damages.
If any provision of this Agreement is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.
Terms and Conditions
The sale or supply of all products and services from the Coast to Coast Sports NZ Ltd Internet site are subject to the following terms and conditions:
• Coast to Coast Sports NZ Ltd has the right to refuse the sale or supply of any product or service where we deem appropriate.
• Every effort will be made to supply you with your order, however, we do not accept liability should we decline an order or fail to supply due to unforeseen circumstances.
• Coast to Coast Sports NZ Ltd contracts third party Couriers for deliveries; we shall not be liable for failure to deliver on a timely basis due to causes beyond our control.
• Liability limited to price of product.
• No liability for consequential loss.
Submissions
Coast to Coast Sports NZ Ltd appreciates hearing from its customers. By submitting your ideas, inventions, suggestions or other materials (your "submission") you grant Coast to Coast Sports NZ Ltd a perpetual, royalty-free, license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display your submission (in whole or in part) worldwide and to incorporate your submission in other works in any form, media, or technology now known or later developed without any notice or compensation to you.
Changes and Applicable Law
We reserve the right to make changes to our web site and the policies and conditions that govern the use of our web site at any time. We encourage you to review the web site and these terms regularly for any updates or changes. Your continued access or use of our web site shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. Use of the Coast to Coast Sports NZ Ltd web site and purchases of products from Coast to Coast Sports NZ Ltd shall be governed by and construed in accordance with the laws of the New Zealand, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Coast to Coast Sports NZ Ltd shall be brought exclusively in New Zealand court.