By accessing and or ordering products or services through this website or from Mandap Limited you acknowledge that you have read, understood and agree to be bound by Mandap Limited’s terms of trade as detailed below, which apply regardless of whether an order is placed via the internet, telephone, facsimile or post.
1. Definitions
1.1. “Mandap” means Mandap Limited its agents and employees.
1.2. “Customer” means the customer, any person acting on behalf of and with the authority of the customer and/or any person purchasing Products from Mandap.
1.3. “Products” means all products and/or services supplied by Mandap to the Customer and includes all products, goods and services and advice provided by Mandap to the Customer and all charges for labour, hire charges, insurance charges, freight costs, or any fee or charge associated with the supply of the Products by Mandap to the Customer.
1.4. “Website” means www.mandap.co.nz
1.5. “Terms of Trade” shall mean these terms and conditions together with any other terms and conditions specifically communicated by Mandap to the Customer.
2. Price
2.1. All prices quoted on the Website are subject to change at any time at the discretion of Mandap. If the price charged exceed the price quoted at the time of the order the Customer shall be entitled to cancel the order and Mandap shall promptly refund any amount paid by the Customer for the order.
3. Orders
3.1. The Customer’s order shall not be completed until the Customer’s payment has been received by Mandap in accordance with clause 4.
3.2. Once Mandap has received payment and accepted the order it shall advise the Customer of the acceptance of the order and the estimated delivery date of the Product.
3.3. Mandap reserves the right to refuse to accept an order at its sole discretion. If Mandap does not accept an order it shall advise the Customer and refund any payment made.
3.4. Mandap reserves the right to cancel an accepted order. In such case Mandap will promptly advise the Customer and refund the purchase price.
3.5. The Customer is not entitled to cancel an order unless expressly agreed to in writing by Mandap.
3.6. Mandap does not supply Products to traders for resale and the Customer warrants that it will not resell the Products to any third party.
3.7. By initiating an order with Mandap the Customer accepts these Terms of Trade.
3.8. Notwithstanding clause 3.7, Mandap may replace or amend these Terms of Trade and all orders placed after the replaced or amended terms of trade are made available on the Website shall be subject to the replaced or amended terms of trade.
4. Payment
4.1. Unless otherwise agreed in writing payment for Products shall be made in full in advance.
4.2. Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until cleared funds are available to Mandap.
4.3. The Customer agrees to make all payments to Mandap relating to the supply of the Products in full, without deduction of any nature whether by way of set-off, counterclaim or any other claim.
4.4. The Customer must not make any payment without a payment reference recording the order number. A payment received without a payment reference recording the order number may be treated by Mandap as an anonymous payment. The Customer must contact its bank to amend the payment reference on an anonymous payment before Mandap will credit the anonymous payment toward payment of the Customer’s account.
4.5. Mandap reserves the right to refuse to accept any payment for any reason whatsoever including if Mandap:
(a) considers that the payment is not in cleared funds, irrevocable, final and/or willingly paid by the Customer for the order; or
(b) the payment cannot be linked to an order made by the Customer due to the absence of the order number on the payment.
4.6. If a payment is not accepted by Mandap:
(a) it is the Customer’s responsibility to arrange the reversal or refund of the payment and Mandap will not be responsible for any delay in processing such refund; and
(b) Mandap will not release or deliver the Products to the Customer.
4.7. If the Customer does not pay for the Products before or following delivery, or if the payment is subsequently reversed, cancelled or invalid, or any monies are owing by the Customer to Mandap then the Customer shall pay on demand interest on the amount due and owing from the due date of payment to the date of actual payment at 5% per month.
4.8. The Customer shall be liable to pay on demand any expenses, disbursements, collection and/or legal costs (on a solicitor client basis) incurred by Mandap in the enforcement or attempted enforcement of these Terms of Trade.
5. Delivery and Risk
5.1. The Products remain at Mandap’s risk until delivered to the Customer. Delivery is to be made at the place specified by the Customer when the order is made. If the Customer fails or refuses to take or accept delivery then the Products are deemed to have been delivered when Mandap was willing to deliver them.
5.2. The delivery address of an order cannot be changed. The delivery address cannot be a PO BOX. The Customer must pay for Products ordered but sent to a delivery address provided by the Customer which is not correct.
5.3. Delivery of Products shall be deemed complete when Mandap gives possession of the Products directly to the Customer or possession of the Products is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
5.4. Delivery of products are made to New Zealand addresses only. No provision can be made for overseas orders.
5.5. Mandap reserves the right to deliver the Products in installments and each installment is deemed to be a separate contract under the same terms and conditions of the main contract. If Mandap is unable to make delivery, the Customer will not be entitled to repudiate the contract.
5.6. If the Product is lost or damaged during delivery Mandap will only pay a refund, repair the Product, or supply a new Product after receiving compensation from Mandap’s insurance company. This procedure usually takes two weeks, but can take longer.
5.7. Mandap insures the Products against loss or damage during delivery.
5.8. Any costs for storage, delivery, taxes, duties or any other expenses may be charged to the Customer, if the Customer refuses to:
(a) take or accept delivery at the time specified in the quotation or at any other time that Mandap is able to deliver the Products; or
(b) pay local taxes and duties.
5.9. The Customer will check the condition and quantity of the Products delivered and advise the deliverer of any missing or damaged Products immediately on receipt. Mandap shall not be liable for any missing or damaged Products unless noted on the delivery receipt. The absence of written notification by the Customer on the delivery receipt shall be deemed to be delivery of the full order in good condition.
6. Warranty
6.1. Mandap warrants Products sold by Mandap for in accordance with the manufacturer’s warranty for the Product, for faults due to the manufacturing process.
6.2. In the case of a claim under the warranty the Customer shall provide Mandap with a full description of the fault in writing and proof of purchase and return the Products to Mandap if requested. Mandap shall reimburse the Customer for freight charges only if the warranty claim is accepted by Mandap.
6.3. The warranty covers defects in workmanship and materials only and the warranty shall be voided where:(a) Products have been damaged, whether intentionally or unintentionally, unless the damage has been caused by Mandap;(b) Products have been tampered with or altered;(c) Products have been services or repaired by an unauthorised repairer; or(d) Products have been used outside their intended operating parameters or environment.
6.4. Mandap shall endeavour to repair or replace any defective Product covered by the warranty within a reasonable time but it shall not be liable for any loss or damage whatsoever should there be a delay in such repair or delay.
6.5. Mandap shall only be liable for the repair or replacement of the Products and not for any other loss whatsoever, whether consequential or direct, arising from an faulty workmanship or materials.
7. Title and security (Personal Property Securities Act 1999)
7.1. Title in any Products supplied by Mandap passes to the Customer only when the Customer has made payment in full for all Products provided by Mandap and of all other sums due to Mandap by the Customer on any account whatsoever. Until all sums due to Mandap by the Customer have been paid in full, the Customer grants to Mandap a security interest in all Products (“the security interest”).
7.2. Where Products are retained by Mandap pursuant to clause 7.1. the Customer waives the right to receive notice under section 120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under section 121 of the PPSA.
8. Payment allocation
8.1. Mandap may in its discretion allocate any payment received from the Customer towards any debt that Mandap determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Mandap, payment shall be deemed to be allocated in such manner as preserves the maximum value of Mandap’s purchase money security interest (if any) in the Products.
9. Liability
9.1. The only warranty provided by Mandap is pursuant to clause 6. In all other respect, subject to the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Mandap which cannot by law (or which can only to a limited extent by law) be excluded or modified, Mandap’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
9.2. Mandap shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Products by Mandap to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Mandap to the Customer.
9.3. The Customer shall indemnify Mandap against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Mandap or otherwise, brought by any person in connection with any matter, act, omission, or error by Mandap its agents or employees in connection with the Products.
10. Consumer Guarantees Act
10.1. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products from Mandap for the purposes of a business in terms of sections 2 and 43 of that Act.
11. Collection and use of information
11.1. The Customer authorises Mandap to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness or enforcing any rights under this contract.
11.2. The Customer authorises Mandap to disclose any information obtained to any person for the purposes set out in clause 11.1.
11.3. Where the Customer is a natural person the authorities under clauses 11.1. and 11.2. are authorities or consents for the purposes of the Privacy Act 1993.
11.4. The Customer also agrees to the terms of any Mandap privacy policy detailed on the Website.
12. General
12.1. Mandap shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
12.2. Failure by Mandap 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 obligations Mandap has under this contract.
12.3. If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.4. The parties agree that the New Zealand courts have exclusive jurisdiction and that the law of New Zealand shall apply to this agreement.
