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Terms and Condition
Summary Terms and Conditions
Delivery is within New Zealand only. JASCO DISTRIBUTING do not ship internationally.
FREE DELIVERY on orders over $250.00 (Excl.gst) - North Island Destinations Only.
Every item displayed in our online shopping site is covered by a full 7-day right-of-return. If, for any reason you are not completely satisfied with your purchase, just return the goods to us in their original packaging and condition. We will be happy to replace it, exchange it, or refund your money.
Should you order a normal stocked item and we cannot supply, you will be notified immediately. The backordered goods will be sent freight free as soon as they arrive in stock. If you choose to cancel your backorder that product will be refunded at the purchase price.
GOODS RETURNED FOR CREDIT:
Incorrectly ordered products may be returned for credit at the customers expense. All 7 day right-of-return goods must be shipped back to Jasco Distributing before refund is processed. The organising of the return and cost of shipping is the customers responsibility. We will not accept product shipped back to us as C.O.D. (cash on delivery)
It is the Customer’s responsibility to …
a) Ensure that products that are faulty, supplied incorrectly, or not required, are reported Jasco Distributing within seven (7) working days of the delivery.
b) Ensure that products are received in as new condition, in the vendors original containers, unsoiled and undamaged and to report any concerns immediately.
All price lists and prices issued by Jasco Distributing are subject to change without notice and are exclusive of GST and freight and other such costs. Jasco Distributing reserves the right to charge service costs, freight and handling charges where applicable and/or negotiated
All prices displayed are exclusive of GST. 15% GST tax will be added to all orders.
Jasco Distributing do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
a) Take and fulfill customer orders
b) Administer and enhance the site and service
c) Issue a unique identifier (e.g. customer login)
d) Monitor customer account status beyond that required for individual purchases
e) Only disclose information to third-parties for goods delivery purposes
All of our deliveries are made by courier to the Street address you specify and can be fully traced using our PBLink system. You will receive a confirmation email to confirm that your order has be shipped. All orders are subject to a nominal delivery fee.
- Local deliveries (within the same town as a branch location).
Orders received by 11am they will be dispatched and delivered same day for normal stocked lines.
- North Island
Orders received before 3pm will be dispatched that day. Delivery is usually within 2 working Days.
- South Island
Orders received before 3pm will be dispatched that day. Delivery is usually within 5 working Days.
- Rural Area Deliveries
May take up to 2 additional days.
- Dangerous goods
Some products a classed as dangerous goods. To comply with Land Transport Laws, these items will be sent separately to your order and May take up to 2 additional days.
All of our items are checked before dispatch and leave our warehouse in perfect condition. If you receive your goods and they are damaged, do not take receipt of the goods or sign for them. The courier will then return the goods to Jasco Distributing. The customer MUST notify Jasco Distributing within 24 hours if this occurs. Failure to do so may result in the customer being liable for the goods.
We will arrange prompt corrective action and resend your order.
Holiday Season, Public Holidays and Weekends
Our courier service does not deliver on weekends or Public holidays. During the peak holiday seasons please allow an extra 2 working days for delivery.
FULL TERMS OF TRADE
1.1 “Jasco” means Holgren Enterprises Limited T/A Jasco Distributing, its successors and assigns or any person acting on behalf of and with the authority of Holgren Enterprises Limited T/A Jasco Distributing.
1.2 “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Goods” means all Goods or Services supplied by Jasco to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable (plus any Goods and Services Tax (GST) where applicable) for the Goods as agreed between Jasco and the Customer in accordance with clause 7 below.
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with the consent of both parties in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Jasco.
2.3 These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on Jasco’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
2.4 The Customer acknowledges that the supply of Goods on credit shall not take effect until the Customer has completed a credit application with Jasco and it has been approved with a credit limit established for the account.
2.5 In the event that the supply of Goods request exceeds the Customers credit limit and/or the account exceeds the payment terms, Jasco reserves the right to refuse delivery.
2.6 The Customer accepts that Jasco shall retain the right to amend, cancel or refuse credit facilities to the Customer where the Customer fails to comply with the payment conditions, and may require the Customer to make payment on a ‘cash on delivery’ basis.
2.7 Any discounts applicable to the Price or minimum spend amount, shall become null and void if payment is not made by the due date stated on the invoice and/or statement.
2.8 The Customer acknowledges and accepts that any orders under Jasco’s minimum order value as stipulated on Jasco’s Order Form or Quotation shall incur an administration fee.
3. Electronic Transactions Act 2002
3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.
4. Change in Control
4.1 The Customer shall give Jasco not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Jasco as a result of the Customer’s failure to comply with this clause.
5. Online Ordering
5.1 The Customer acknowledges and agrees that:
(a) Jasco does not guarantee the website’s performance or availability of any of its Goods; and
(b) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
(c) there are inherent hazards in electronic distribution and as such Jasco cannot warrant against delays or errors in transmitting data between the Customer and Jasco including orders, and you agree that to the maximum extent permitted by law, Jasco will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders.
5.2 Jasco reserves the right to terminate your order if it learns that you have provided false or misleading information, interfered with other users or the administration of Jasco’s Services, or violated these terms and conditions.
6. Back Orders
6.1 Where an item may be temporarily out of stock, Jasco shall advise the Customer within one (1) working day of such and may offer the Customer the option of:
(a) of placing a back order; or
(b) accepting a substitute product.
6.2 Any Goods placed on back order will not be charged to the Customer until the Goods have been dispatched.
7. Price and Payment
7.1 At Jasco’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by Jasco to the Customer; or
(b) the Price as at the date of delivery of the Goods according to Jasco’s current price list; or
(c) Jasco’s quoted price (subject to clause 7.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
7.2 Jasco reserves the right to change the Price if a variation to Jasco’s quotation is requested. Any variation from the plan of scheduled Services or specifications (including, but not limited to, stock availability, or as a result of any increase to Jasco in the cost of materials (including but not limited to freight and insurance charges) will be charged for on the basis of Jasco’s quotation and will be shown as variations on the invoice. The Customer shall be required to respond to any variation submitted by Jasco within ten (10) working days. Failure to do so will entitle Jasco to add the cost of the variation to the Price. Payment for all variations must be made in full at their time of completion.
7.3 At Jasco’s sole discretion a non-refundable deposit may be required.
7.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Jasco, which may be:
(a) on delivery of the Goods;
(b) before delivery of the Goods;
(c) by way of instalments/progress payments in accordance with Jasco’s payment schedule;
(d) for certain approved Customers, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
(e) the date specified on any invoice or other form as being the date for payment; or
(f) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Jasco.
7.5 Invoices and statements will be emailed to the Customer as standard practice and where the Customer requests invoices or statements to be mailed, then an administration fee shall be charged per mailing.
7.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card being MasterCard and Visa (a surcharge per transaction may apply), or by any other method as agreed to between the Customer and Jasco.
7.7 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Jasco nor to withhold payment of any invoice because part of that invoice is in dispute.
7.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Jasco an amount equal to any GST Jasco must pay for any supply by Jasco under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
8. Delivery of Goods
8.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:
(a) the Customer or the Customer’s nominated carrier takes possession of the Goods at Jasco’s address; or
(b) Jasco (or Jasco’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
8.2 At Jasco’s sole discretion, an administration fee may apply and/or the cost of delivery is in addition to the Price.
8.3 Jasco may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
8.4 Any time specified by Jasco for delivery of the Goods is an estimate only and Jasco will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that Jasco is unable to supply the Goods as agreed solely due to any action or inaction of the Customer, then Jasco shall be entitled to charge a reasonable fee for redelivery and/or storage.
9.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
9.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Jasco is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Jasco is sufficient evidence of Jasco’s rights to receive the insurance proceeds without the need for any person dealing with Jasco to make further enquiries.
9.3 If the Customer requests Jasco to leave Goods outside Jasco’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.
10.1 The Customer acknowledges that all descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in Jasco’s or manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by Jasco.
10.2 The Customer shall be responsible for ensuring that the Goods ordered are suitable for their intended use.
11.1 Jasco and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid Jasco all amounts owing to Jasco; and
(b) the Customer has met all of its other obligations to Jasco.
11.2 Receipt by Jasco of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
11.3 It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 11.1:
(a) the Customer is only a bailee of the Goods and must return the Goods to Jasco on request.
(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Jasco and must pay to Jasco the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Jasco and must pay or deliver the proceeds to Jasco on demand.
(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Jasco and must sell, dispose of or return the resulting product to Jasco as it so directs.
(e) the Customer irrevocably authorises Jasco to enter any premises where Jasco believes the Goods are kept and recover possession of the Goods.
(f) Jasco may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Jasco.
(h) Jasco may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
12. Personal Property Securities Act 1999 (“PPSA”)
12.1 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Customer to Jasco for Services – that have previously been supplied and that will be supplied in the future by Jasco to the Customer.
12.2 The Customer undertakes to:
(a) sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Jasco may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, Jasco for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
(c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Jasco; and
(d) immediately advise Jasco of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
12.3 Jasco and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
12.4 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
12.5 Unless otherwise agreed to in writing by Jasco, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
12.6 The Customer shall unconditionally ratify any actions taken by Jasco under clauses 12.1 to 12.5.
13. Security and Charge
13.1 In consideration of Jasco agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2 The Customer indemnifies Jasco from and against all Jasco’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Jasco’s rights under this clause.
13.3 The Customer irrevocably appoints Jasco and each director of Jasco as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 including, but not limited to, signing any document on the Customer’s behalf.
14. Customer’s Disclaimer
14.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Jasco or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by Jasco and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgment.
15.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Jasco of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Jasco an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Jasco has agreed in writing that the Customer is entitled to reject, Jasco’s liability is limited to either (at Jasco’s discretion) replacing the Goods or repairing the Goods.
15.2 Goods will not be accepted for return other than in accordance with 15.1 above, and provided that:
(a) Jasco has agreed in writing to accept the return of the Goods; and
(b) the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and
(c) Jasco will not be liable for Goods which have not been stored or used in a proper manner; and
(d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
15.3 Jasco may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of fifteen percent (15%) of the value of the returned Goods plus any freight.
16.1 For Goods not manufactured by Jasco, the warranty shall be the current warranty provided by the manufacturer of the Goods. Jasco shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
17. Consumer Guarantees Act 1993
17.1 If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Jasco to the Customer.
18. Intellectual Property
18.1 Where Jasco has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Jasco. Under no circumstances may such designs, drawings and documents be used without the express written approval of Jasco.
18.2 The Customer warrants that all designs, specifications or instructions given to Jasco will not cause Jasco to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Jasco against any action taken by a third party against Jasco in respect of any such infringement.
18.3 The Customer agrees that Jasco may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Jasco has created for the Customer.
19. Default and Consequences of Default
19.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Jasco’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
19.2 If the Customer owes Jasco any money the Customer shall indemnify Jasco from and against all costs and disbursements incurred by Jasco in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Jasco’s collection agency costs, and bank dishonour fees).
19.3 Further to any other rights or remedies Jasco may have under this contract, if a Customer has made payment to Jasco, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Jasco under this clause 19 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.
19.4 Without prejudice to Jasco’s other remedies at law Jasco shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Jasco shall, whether or not due for payment, become immediately payable if:
(a) any money payable to Jasco becomes overdue, or in Jasco’s opinion the Customer will be unable to make a payment when it falls due;
(b) the Customer has exceeded any applicable credit limit provided by Jasco;
(c) the Customer 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
(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
20.1 Without prejudice to any other remedies Jasco may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Jasco may suspend or terminate the supply of Goods to the Customer. Jasco will not be liable to the Customer for any loss or damage the Customer suffers because Jasco has exercised its rights under this clause.
20.2 Jasco may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Jasco shall repay to the Customer any money paid by the Customer for the Goods. Jasco shall not be liable for any loss or damage whatsoever arising from such cancellation.
20.3 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Jasco as a direct result of the cancellation (including, but not limited to, any loss of profits).
20.4 Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
21. Privacy Act 1993
21.1 The Customer authorises Jasco or Jasco’s agent to:
(a) access, collect, retain and use any information about the Customer;
(i) (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
(ii) for the purpose of marketing products and services to the Customer.
(b) disclose information about the Customer, whether collected by Jasco from the Customer directly or obtained by Jasco from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
21.2 Where the Customer is an individual the authorities under clause 21.1 are authorities or consents for the purposes of the Privacy Act 1993.
21.3 The Customer shall have the right to request Jasco for a copy of the information about the Customer retained by Jasco and the right to request Jasco to correct any incorrect information about the Customer held by Jasco.
22. Service of Notices
22.1 Any written notice given under this contract shall be deemed to have been given and received:
(a) by handing the notice to the other party, in person;
(b) by leaving it at the address of the other party as stated in this contract;
(c) by sending it by registered post to the address of the other party as stated in this contract;
(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the transmission;
(e) if sent by email to the other party’s last known email address.
22.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.
23.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of Rotorua, New Zealand.
23.3 Jasco shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Jasco of these terms and conditions (alternatively Jasco’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
23.4 Neither party shall assign or sub-contract all or any part of their rights and obligations under this agreement without the written consent of the other party.
23.5 The Customer agrees that Jasco may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Jasco to provide Goods to the Customer.
23.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
23.7 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.