Terms and Conditions

 

 

 

Terms and Conditions

 

1.       Acceptance of Terms and Conditions.

 

1.1.    This website (www.maoriartmarket.com) is owned and operated by Toi Maori Limited.

 

1.2.    Toi Maori Limited may modify, alter or otherwise update these Terms and Conditions when they deem necessary. Such amendments will be effective immediately upon posting of the amended Terms and Conditions on the website.

 

1.3.    By registering you also agree to be bound by our Privacy Policy [See here].

2.       Definitions

 

In these conditions, unless the context otherwise requires:

 

Company means Toi Maori Limited.

 

Purchaser means the person, or company buying the goods from the Company.

 

Products and/or services mean the products and/or services being purchased by the Purchaser from the Company.

 

Contract means the contract between the Company and the Purchaser for the purchase of the goods.

 

Date of the contract means where the contract arises from a quotation given by the Company:

 

                                                        I.      The date of acceptance of the order by the Company; or 

                                                      II.      Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.

 

Contract price means the price of goods as agreed between the Purchaser and the Company.

 

Person includes a corporation, association, firm, company, partnership or individual. 
Quotation shall mean price on offer for a fixed term.

 

Manager is the companies appointed decision maker.

 

3.       Quotation

 

The prices of the art pieces are stated on the website. There is no charge for freighting within New Zealand. 

An overseas Purchaser may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied.

 

If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.

 

4.       Acceptance

 

If any instruction is received by the Company from the Purchaser for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein.

 

Upon acceptance of these terms and conditions by the Purchaser, the terms and conditions are definitive and binding.

5.       Terms and Conditions

 

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Purchaser after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Purchaser.

 

It shall be the Purchaser’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Purchaser, and accordingly any order made by the Purchaser after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

 

5.       Price

 

5.1.    The Price shall be as indicated on the website or invoice provided by the Company to the Purchaser in respect of products and/ or services supplied; or

 

5.2.    The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.

 

5.3.    Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. 
Payment is due at ordering any Goods.

 

5.4.    The Purchaser agrees that the cost Price shall be determined by the Company.

 

5.5.    The Company reserves the right to implement. 

 

6.       Payment, Late Payment, Default of Payment and Consequences of Default of Payment

 

6.1.    The method of payment will be made by credit card, bank payment, or by any other method as agreed to between the Purchaser and the Company.

 

6.2.    Subject to any provision to the contrary in the Contract, payment shall be received once purchasing the Goods from the Company.

 

6.3.    Late payment shall incur interest at the rate 20% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Purchaser’s default in failing to make payment on the due date.

 

6.4.    Without prejudice to any other remedies the Company may have, if at any time the Purchaser is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Purchaser and any of its other obligations under the terms and conditions. The Company will not be liable to the Purchaser for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

 

6.5.    In the event that:

 

a.      Any money payable to the Company becomes overdue, or in the Company’s opinion the Purchaser will be unable to meet its payments as they fall due; or

b.     The Purchaser 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

c.      A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Purchaser or any asset of the Purchaser; then without prejudice to the Company’s other remedies at law

d.     The Company shall be entitled to cancel all or any part of any order of the Purchaser that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

7.       Governing Laws

 

These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.

8.       Dispute Resolution

 

The Company will endeavour to resolve any dispute between the Purchaser and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

9.       Reservation of Title

 

Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Purchaser, under the contract or any other contract to The Company, have been paid in full.

10.     Warranty

 

The Company warrants that it reimburse the Purchaser for any received damaged goods, if written notice of the claim is received by the Company within three (3) days from the date the goods were delivered. 

No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used.

 

If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Purchaser shall be responsible at its cost and risk for shipment of the defective goods to the place specified.

11.     Liability

 

The Company shall not be liable for any loss of any kind whatsoever suffered by the Purchaser as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons.

 

The Purchaser shall indemnify the Company against any claim by any such person.