1.0
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Definition
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In these Terms and Conditions, unless the context otherwise
requires, the following expressions have the following
meanings:
- "Products" means any products offered for sale on this
site.
- "Contract" means a contract for the sale by us to you of the
Products.
- "Site" and "Website" means the Trents.co.nz Internet
website.
- "You" means the customer, the full name of who or which may
have been entered in the sign-up screen forming part of this
website.
- "We" means Trents Wholesale Limited.
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2.0
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Introduction
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This Site is owned, maintained and operated by Trents Wholesale
Ltd. By using this Site, you agree to these Terms and Conditions.
If you disagree with any of these Terms and Conditions, you should
not access or use this Site.
We shall sell and you shall purchase the Products from this Site
in accordance with these Terms and Conditions only. You acknowledge
that you are aware of the contents of these Terms and
Conditions.
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3.0
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Orders
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Your responsibilities are:
- To order the Products in accordance with the instructions on
this Site and not misuse the site in anyway.
- That all persons accessing or using the website to place orders
for you have assigned user identifiers and passwords.
- That you will be invoiced for the products and pay for them as
per your existing signed Terms of Supply.
Our responsibilities are:
- To receive your order and to process the order subject to the
provisions of this Agreement.
- Advise you as soon as practicable of any problems with your
order.
- If applicable to you under existing Terms of Supply, give you
an indication of the price that you will be charged at time of
delivery and invoice.
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4.0
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Contract and Price
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A contract will be established from the time an order for the
Products is received by us. However Trents shall be entitled to
cancel the contract, or to cancel the contract in respect of any
particular Products, by notice given in accordance with your
existing Terms of Supply, within seven days following the date your
order is received. Trents shall be entitled to cancel for any
reason including, in particular:
- Trents' inability to supply the Products or any particular
Products; or
- any existing or prior default by you.
The price of the Products as set out on the website as at the
date an order is placed is our standard price for the Products as
at that date, subject to errors and omissions. The actual price for
the Products shall be our standard price as at the date of delivery
and we may in our absolute discretion increase or decrease our
current prices for Products from time to time.
All prices are quoted in New Zealand currency and are exclusive
of GST unless otherwise stated.
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5.0
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Payment
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By ordering the products from the website you accept that you
will make payment for them in accordance with existing Terms of
Supply already signed with Trents.
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6.0
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Products and availability
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We may revise and/or discontinue Products at any time without
notice. By placing an order with Trents.co.nz, customers should be
aware that certain products may not be available from time to time
or may have limited availability. Trents.co.nz will make best
efforts to source products ordered but cannot be held liable for
any items not available.
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7.0
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Freight and Delivery
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In accordance with previously signed existing Terms of Supply
Trents will at our own cost, freight the Products to you by
whatever method and route we consider being the most expedient.
- We will be entitled to deliver the Products to you after any
stated date for delivery or to cancel any order (in respect of all
or any of the Products) without being liable to you in any way, if
the delay in or cancellation of delivery is caused by matters
outside our control.
- We may deliver the Products to you by instalments in any
quantities and each delivery will be a separate invoice independent
from the other deliveries.
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8.0
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Return of Products
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Trents will not accept returns without the prior approval of a
Branch Manager of Trents.
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9.0
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Warranty and Guarantees
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Any Warranty set out in your existing Terms of Supply
applies.
The material and information provided in this Site is supplied
upon the condition that you will make your own determination as to
the suitability of the material and information provided on the
site.
We will not be liable for any damages, losses or liabilities,
including special or consequential damages, arising from the use
of, or inability to use, the site, arising from any circumstances
whatsoever (including negligence on the part of Trents Wholesale
Ltd or any other party) and including but not limited to, any
failure of performance, error, omission, interruption, defect,
delay in operation of transmission, computer virus or line
failure.
You are accessing the website as a customer for business
purposes only and therefore the Consumer Guarantees Act does not
apply.
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10.0
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Restrictions of Use
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The Material from this Site and other Sites owned, operated,
licensed or controlled by us or any of our related, affiliated, or
subsidiary companies may not be copied, reproduced, distributed,
modified, published, uploaded, posted, or transmitted in any way,
without our prior written consent.
You may not Modify, distribute, or use of the material contained
in our Site for any purposes other than for your personal or
company use that directly violates our intellectual property
rights. The material contained within this site is copyrighted and
protected by worldwide copyright laws and treaty provisions, and is
provided for lawful purposes only.
Only authorised users may use the ordering part of the web site.
This authorisation is granted by the customer administrator and the
customer accepts responsibility for the actions of the users that
are granted permission by them or on their behalf by Trents.
It is the responsibility of the user to ensure that the
authentication information given to them is not disclosed to any
other party. Trents may at its sole discretion restrict use of the
website. The users customer accepts responsibility for any
disclosures made by them or users that they authorised.
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11.0
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Copyright
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Unless otherwise specified all materials appearing on this site,
including the text, site design, logos, graphics, icons and images,
as well as a selection, assembly and arrangement (collectively
defined as the "Marks") thereof, are proprietary to Trents,
copyright © 2001 ALL RIGHTS RESERVED or other respective owners
that have granted Trents the right and licence to use such Marks.
All software used on the Site is our sole property. Permission is
granted to electronically copy and to print hard copy portions of
this site for the sole purpose of placing an order with
Trents.co.nz or using this site as a shopping resource. Any other
use of materials on this site, including reproduction for purposes
other than those noted above, modification, distribution, or
republication, without prior written permission of Trents.co.nz is
strictly prohibited.
You may use the content of this Site only for:
- the purposes of obtaining information about the Trents company
and range,
- placing orders for your businesses.
Any unauthorised use of the materials appearing on this Site may
violate copyright, trademark and other applicable laws and could
result in criminal or civil penalties.
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12.0
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Disclaimer
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Although the information provided in this Site is presented in
good faith and believed to be correct as of the date it was
submitted, we make no warranties or representations about the
accuracy or completeness of this Site, its content or the content
of any Web Site "hot linked" to or from this Site.
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13.0
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Updates or Amendments
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We reserve the right to amend these Terms and Conditions and/or
any other information contained in this Site at any time. Notice of
any amendment will be posted on the Site but no specific or other
notice will be given. Acceptance of any amendment to these Terms
and Conditions will be constituted by the placing of any further
orders subsequent to any such amendment.
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14.0
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Applicable Laws
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The governing law shall be New Zealand Law.
If you choose to access this Site from other locations you do so
of your own initiative and are responsible for compliance with
applicable local laws.
You may not use the materials in this Site in violation of New
Zealand laws and regulations.
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15.0
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Trademarks
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In connection with the supply of Products and services pursuant
to this Site, we use a substantial number of other trademarks and
service marks on this Site. These trademarks and service marks may
not be used or reproduced without our prior written permission.
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16.0
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Security and Use
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By using this website you agree that you will not:
- choose a password that is easily able to be guessed or
identified as relating to you, or is an obvious combination of
letters and numbers (e.g. sequential numbers, birthdate etc);
- make your password known to any other person;
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