Terms of Trade
These Terms of Trade apply to the supply of goods and services by LSL Lubrication Solutions Limited (“LSL”, “we”, “us” or “our”) to you, the customer (“you” or “your”).
By placing an order with us, accepting a quotation, purchasing through our website, requesting us to carry out work, or applying for a trade account, you agree to these Terms of Trade.
1. Orders and quotations
Quotations are based on the information available to us at the time and are valid for the period stated on the quotation.
Unless otherwise agreed, a quotation may be revised if the scope of work, equipment, quantities, specifications, freight requirements or other relevant circumstances change.
An order is accepted when we confirm the order or begin supplying the goods or services.
Products displayed on our website are subject to availability. If an item is unavailable, incorrectly priced or cannot reasonably be supplied, we may contact you to discuss an alternative, revised price, backorder or cancellation.
2. Pricing
Prices are in New Zealand dollars unless otherwise stated.
GST, freight, travel, installation and other charges will be applied as shown on the quotation, sales order, invoice or website checkout.
Trade pricing is available only to customers approved by us for trade pricing.
Approval for trade pricing does not automatically provide credit terms.
We may change our pricing from time to time. Changes do not affect orders already accepted unless the scope of supply changes or we have agreed otherwise with you.
3. Payment
Unless we have approved credit terms for your account, payment is required before goods are dispatched or as otherwise stated on our quotation or invoice.
Where we have approved a monthly credit account, payment is due on the 20th of the month following the invoice date, unless we have agreed different terms in writing.
You must pay invoices in full by the due date without deduction or set-off, except where required by law.
We may place an account on hold or require payment before further goods or services are supplied if an account becomes overdue or if we reasonably consider there is an increased credit risk.
4. Overdue accounts
If an invoice remains unpaid after its due date, we may charge interest on the overdue amount at 2% per month, calculated from the due date until payment is received.
You are responsible for reasonable costs we incur in recovering overdue amounts, including debt collection and legal costs, to the extent permitted by law.
We may suspend further supply while amounts remain overdue.
5. Delivery and freight
We will make reasonable efforts to supply goods and services within the timeframe advised, but delivery and completion dates are estimates unless we have expressly agreed otherwise in writing.
Delivery times may be affected by stock availability, freight providers, suppliers, weather, access to equipment and other circumstances outside our reasonable control.
A delay does not automatically entitle you to cancel an order or refuse goods already ordered.
Shipping, delivery and returns are also subject to our Shipping & Returns Policy.
6. Installation, servicing and site work
Where we install, service or repair equipment, you must provide reasonable access to the machinery, vehicle or site and ensure the equipment is available at the agreed time.
You must tell us about any known hazards, site requirements, induction requirements or other matters that could affect the work.
Additional work identified during installation, servicing or repair may be charged separately where it falls outside the agreed scope.
Where practical, we will contact you for approval before carrying out material additional work.
7. Risk
Risk in goods passes to you when the goods are delivered to you, collected by you, or delivered to your nominated carrier or delivery location, whichever occurs first.
You are responsible for properly storing, protecting and insuring goods after risk has passed to you.
8. Ownership and retention of title
Ownership of goods supplied by us does not pass to you until all amounts owing to us in relation to those goods have been paid in full.
Until ownership passes to you, you must:
- keep the goods identifiable as goods supplied by us where reasonably practicable;
- take reasonable care of the goods;
- not intentionally dispose of or encumber the goods in a way that defeats our interest in them; and
- allow us, where legally permitted, to recover unpaid goods if payment is overdue.
If goods supplied by us are incorporated into, attached to or mixed with other goods before payment is received, our rights will be subject to applicable law, including the Personal Property Securities Act 1999.
9. Personal Property Securities Act 1999
You acknowledge that these Terms of Trade may create a security interest in goods supplied by us and their proceeds for the purposes of the Personal Property Securities Act 1999 (PPSA).
You agree to provide information and assistance reasonably required by us to register, maintain or enforce any security interest arising from our supply of goods to you.
Where permitted by law, you will reimburse us for reasonable costs associated with registering or maintaining that security interest.
Nothing in this clause limits any rights or obligations that cannot lawfully be excluded under the PPSA.
10. Product selection and customer information
You are responsible for providing accurate information about the machinery, vehicle, equipment or application for which goods or services are required.
Where you select a product without seeking advice from us, you are responsible for confirming that the product is suitable for your intended application.
Where we recommend or match a product or system based on information you provide, our recommendation is based on that information being accurate and complete.
You must tell us if the application, machinery, operating conditions, lubricant or other relevant requirements change.
11. Automatic lubrication systems
An automatic lubrication system must be correctly matched, installed, calibrated and maintained for the equipment and operating conditions.
Not every lubrication point will necessarily be suitable for connection to an automatic lubrication system. Some points may remain manually lubricated.
Reservoir levels, hoses, fittings, connected lubrication points, warning indicators and general system operation should continue to be checked as part of normal equipment maintenance.
12. Claims, shortages and delivery issues
Please notify us as soon as reasonably possible if goods arrive damaged, items are missing, the wrong goods have been supplied or there is another delivery issue.
Prompt notification helps us investigate the issue with you and, where relevant, with the freight provider.
Nothing in this clause limits any rights you may have under applicable New Zealand law.
13. Returns
Returns are handled in accordance with our Shipping & Returns Policy.
Goods cannot always be returned simply because they are no longer required, particularly where they have been used, installed, specially ordered, modified or supplied specifically for your application.
Any return approved by us must meet the conditions set out in our Shipping & Returns Policy.
Nothing in these Terms limits any statutory rights that cannot lawfully be excluded.
14. Warranties and faulty goods
If you believe a product is faulty, contact us with details of the product, the fault and how the product has been used.
We may need to inspect or test the product before determining the appropriate remedy.
Manufacturer warranty conditions may apply to particular products.
Our obligations are also subject to any rights and guarantees that apply under New Zealand law.
15. Consumer Guarantees Act
Where you acquire goods or services from us for business purposes and the requirements for contracting out under the Consumer Guarantees Act 1993 are satisfied, you agree that the Consumer Guarantees Act will not apply to that supply to the extent permitted by law.
Where the Consumer Guarantees Act applies and cannot lawfully be excluded, nothing in these Terms limits or excludes your rights under that Act.
16. Liability
To the maximum extent permitted by law, we are not liable for indirect, consequential or special loss arising from the supply of goods or services, including loss of production, loss of revenue, loss of profit or business interruption.
We are not responsible for loss or damage caused by:
- incorrect information supplied to us;
- misuse or improper installation of products by someone other than us;
- failure to maintain equipment or lubrication systems appropriately;
- using an incorrect or incompatible lubricant;
- modification of goods or systems without our approval;
- normal wear and tear; or
- events outside our reasonable control.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so.
17. Recovery of unpaid goods
Where goods remain our property because they have not been paid for, and where permitted by law, we may take reasonable steps to recover those goods.
You agree to provide reasonable access for that purpose, provided we comply with any applicable legal requirements.
You are responsible for reasonable costs we incur in recovering unpaid goods where those costs are recoverable under these Terms or by law.
18. Events outside our control
We are not responsible for delays or failure to perform our obligations where this is caused by circumstances beyond our reasonable control.
These circumstances may include natural disasters, severe weather, fire, flood, industrial action, transport disruption, supply shortages, border restrictions, government action, power or communications failures, or other events we could not reasonably prevent.
Where such an event materially affects our ability to fulfil an order or provide a service, we may suspend, vary or cancel the affected supply and will let you know as soon as reasonably practicable.
19. Account information
You must keep your business, contact, billing and delivery information reasonably up to date.
If your ownership, legal entity, trading name, billing address or other material account information changes, please tell us.
Approval of credit terms is at our discretion and may be reviewed or withdrawn.
20. Privacy
We may collect and use personal and business information for purposes connected with supplying goods and services, administering accounts, assessing credit applications, communicating with you and recovering amounts owing.
Personal information will be handled in accordance with applicable New Zealand privacy law and our Privacy Policy.
21. Changes to these Terms
We may update these Terms of Trade from time to time.
The Terms applying to a particular transaction will generally be those in effect when the order is accepted, unless we agree otherwise with you.
Changes to account or credit terms may be communicated directly to affected account customers.
22. Governing law
These Terms of Trade are governed by the laws of New Zealand.
You and we submit to the jurisdiction of the New Zealand courts.
23. General
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.
If we do not immediately enforce a right under these Terms, that does not mean we have waived that right.
Where a separate written agreement or accepted quotation contains terms that expressly differ from these Terms, the specific terms of that agreement or quotation will apply to the extent of the inconsistency.
LSL Lubrication Solutions Limited
Christchurch, New Zealand
Phone: 0800 500 440
Website: www.lsltd.co.nz