Terms of Sale for Trade Accounts
All orders are accepted and fulfilled by Ecoboil Appliances Limited subject to the Terms of Sale, including credit terms where appropriate.
- All prices quoted by Ecoboil Appliances Limited exclude freight and Goods and Services Tax (“GST”).
- Quotes are effective for a period of 30 days from the date of issue.
- The Title in the goods supplied shall not pass to the customer until the goods are paid for in full.
- Price lists may be subject to change without prior notice.
“Customer” means the person, firm, company, or other entity, purchasing Goods from Ecoboil.
“Ecoboil” is Ecoboil Appliances Limited, a company registered in New Zealand that is offering to sell Goods to the Customer.
“Goods” means the goods, machinery, or equipment, being purchased by the Customer from Ecoboil.
“Proceeds” is defined in the Personal Property Securities Act 1999.
“Security Interest” is defined in the Personal Property Securities Act 1999.
If we approve credit facilities, payment is due strictly on 20th of the month following the month of invoice. Ecoboil may ask for a post-dated cheque for orders over $5,000.
Methods of Payment
Payment can be made by cheque, direct credit or creditcard:
- If paying by cheque, this should be made payable to “Ecoboil Appliances Limited” and be marked “Not Negotiable”.
- If paying by direct credit, our bank account details are on our tax invoice
Confirmation of Orders
Ecoboil requires written or electronic confirmation of an order as a condition of supply.
The Customer is authorised to sell the Goods in the ordinary course of business. However, the Title in the goods supplied shall not pass to the Customer until the goods are paid for in full, including additional charges (e.g. freight and GST).
Risk in the Goods shall pass to the Customer at the time when the Goods are delivered to the address stated on the order, packing slip or tax invoice.
Damaged Goods Policy
The Customer’s order will be carefully inspected and packed before dispatch and will be insured in transit. The Customer must inspect the Goods for visible damage upon delivery. If damaged in transit, the Customer must notify Ecoboil immediately. Ecoboil will directly re-supply the Customer with replacement goods. However, Ecoboil reserves the right to request that the Customer securely repacks the goods damaged in transit and ship back to Ecoboil, at our expense, as a prior condition of re-supply.
Within 30 days of purchase, if the Goods are not installed and the packaging is undamaged then a refund (excluding freight) can be made upon return. The Customer will arrange to freight the Goods back to Ecoboil.
However, once installed, Goods will not be accepted for return (e.g. pipes cut). The reason is that Ecoboil will not be able to resell them.
If the Goods have not been dispatched, a full refund can be made upon contacting Ecoboil.
Installation and warranty
The Customer must follow the installation instructions supplied with the Goods. Our warranty starts from the date of installation; five years on the storage body (boilers only), one year for parts/tapware and labour (full warranty details are available on our website).
If monies owing are not received by the due date the Customer is in default. Ecoboil may suspend fulfilment of further orders to the Customer. Any expenses incurred by Ecoboil in recovering any outstanding monies, including debt collection agency fees and legal fees, shall be recoverable from the Customer.
Ecoboil reserves the right to take possession of the Goods in the event of any default in payment. The Customer authorises Ecoboil, as an agent of the Customer, to enter upon the premises where the Goods are situated and take possession and remove the Goods. Ecoboil may resell any or all of the Goods and apply the Proceeds towards amounts owing to Ecoboil by the Customer. All costs incurred by Ecoboil as a result of any such action, together with transportation and storage charges, shall be payable by the Customer.
The Customer grants to Ecoboil a Security Interest in the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the Goods. As and when required by Ecoboil, the Customer shall provide all reasonable assistance and relevant information (e.g. end user details and installation address) to enable Ecoboil to register a Financing Statement or Financing Change Statement to obtain, maintain, register and enforce Ecoboil’s Security Interest in respect of the Goods supplied, in accordance with the Personal Property Securities Act 1999.
The Customer grants permission to Ecoboil to discuss a Customer’s default in payment with the end user and, if deemed necessary by Ecoboil, to collect payment for the Goods from the end user. All funds collected will be allocated against amounts owing by the Customer.
Change of Ownership
The Customer shall advise Ecoboil of any change of ownership of the Customer and any change in name of the Customer. In the event of change of ownership, Ecoboil reserves the right to cancel or suspend credit facilities.
Privacy Act 1993
The Customer authorises Ecoboil to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes:
(a) assessing the Customer’s creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with Ecoboil for the purposes of recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by Ecoboil to the Customer.
The Customer, if an individual, has a right of access to information about the Customer held by Ecoboil. The Customer may request correction of that information and may require that the request be stored with that information.
These terms of sale are governed by the laws of New Zealand.
Liability for indirect or consequential loss
No liability for indirect or consequential loss arising from delayed delivery, defective or damaged goods will be accepted.