Welcome to Brackens Office Products Depot
1.1. “Seller” shall mean Office Products
Depot (also referred to as "us" or "we") including all
Office Products Depot Dealerships.
1.2. “Customer” shall mean the Buyer (also
referred to as "you" or "your").
1.3. “Goods”are as stated in section 2 of the Sale of Goods Act 1908 and
are Goods supplied by the Seller to the Customer (and where the context so
permits, shall include any supply of Services as hereinafter defined).
1.4. “Services” shall mean all Services supplied by the Seller to the Customer
and includes any advice or recommendations.
1.5. “Price” shall mean the price stated on the
website as agreed between the Seller and the Customer, (subject to clause #4)
placing the order for goods or services with the Seller you are deemed to
accept the terms and conditions of sale.
instructions received by the Seller from the Buyer for the supply of Goods
shall constitute acceptance of the terms and conditions as outlined and can
only be rescinded in accordance with these terms and conditions or with the
written consent of the Seller.
Products Depot agrees to sell and the Customer agrees to buy the goods ordered
through Office Products Depot.
purchase price stated by the Seller is for goods supplied and packed and is
exclusive of installation, assembly, maintenance, and GST.
Goods & Services Tax (GST) will be added to the price stated on the Sellers
website at a rate prescribed by the New Zealand “Goods & Services Tax Act
Seller reserves the right to adjust pricing at any time prior to the Customer placing
and order with the Seller.
prices are stated in New Zealand dollars (NZD) unless otherwise stated.
are bound to pay us the price stated on your confirmed order once we accept
your order. A sales quotation does not constitute a binding contract until you
place an order which we subsequently accept.
is due from you by the 20th of the month following the date of invoice.
reserve the right to alter the terms of payment with effect from the date that
we notify you of such change.
we choose to we can impose a credit limit on your account at any time and alter
it at our discretion with effect from the date that we notify you of such
change. If you exceed your credit limit, we may choose to refuse to supply
goods or services to you.
we at any time, consider your credit worthiness to be unsatisfactory we can
require security for payment or payment in advance of delivery of goods from us
cannot withhold payment or make any deductions from any amount you owe us
without our prior written consent.
6. Freight & Delivery
6.1. Where we agree to transport the goods to a
specified place, we will deliver, or arrange delivery of, the goods to that
place. Except where otherwise agreed, you will pay for all resulting
6.2. If no place of delivery is specified, we
will hold your order until such time you advise us of your delivery address which
we agree to deliver to, or your order will be held in our premises for you to
collect from us. If delivery to you is
agreed this shall then take place at the time when the goods are made available
for dispatch from our premises.
6.3. We can deliver the goods by instalments. Each
separate instalment shall be invoiced and paid for in accordance with the
provisions in this contract of sale.
6.4. Any time stated for delivery is an estimate
only. No claim shall be made by you on account of late shipment, or delivery
6.5. All freight charges shall be at your cost
unless otherwise agreed and stated.
6.6. For all orders under $50 a freight and handling
charge will apply unless otherwise agreed and stated.
6.7. Additional Freight Charges may apply for Rural deliveries or postage products.
failure of the Seller to deliver shall not entitle either party to treat this
contract as repudiated.
7. Returns & Cancelled Orders
7.1. All goods to be returned must have a Goods
Return Authority issued by us. The issue of a Goods Return Authority does not
guarantee that we will accept the return.
7.2. Where a faulty product is returned and you
have requested a Goods Return Authority within 7 working days of despatch, and
the returned product has not been used or opened or otherwise deemed unsaleable
by us you will be credited in full unless the return is due to an error by us.
Freight charges will not be credited under any circumstances.
7.3. Faulty goods will be subject to the normal
return procedures for the specific brand being returned.
7.4. Non-faulty product will require a Goods
Return Authority, must be in saleable condition, and will be subject to a
minimum 10% restocking fee.
7.5. You will be liable for all delivery and
insurance charges incurred in respect of returned goods.
7.6. We advise that you communicate with us about
any product issues where you wish to return goods received or cancel orders.
8. Repairs & Replacements
We do not undertake that repair
facilities and parts will be available for the goods held at one of our Office
Products Depot Dealerships. We will not
be liable to repair or replace any defective goods, but at our own discretion
8.1. Notify the manufacturer of the goods of any
defect notified by you; and
8.2. Request the manufacturer to repair or replace
any defective goods.
9. Risk & Ownership
9.1. Risk of any loss, damage, or deterioration
of or to the goods passes to you on delivery.
9.2. Ownership of the goods remains with us and
does not pass to you until you pay all amounts you owe to us. We reserve the right to enter your premises
where the goods are stored and recover them into our possession. We can resell
any of the goods and apply the proceeds of sale in reduction of amounts you owe
to us at our reasonable discretion. We
then may bring action against you for any unrecovered costs or amounts owning
on goods we have repossessed.
10.1. Where the goods you purchase from us are
acquired for personal, domestic or household use of consumption in accordance
with the Consumer Guarantees Act 1993, the Consumer Guarantees Act 1993
10.2. If any goods purchased from us fail to
comply with any guarantee in the Consumer Guarantees Act, Office Products Depot
will repair or replace these goods.
10.3. Without excluding our obligations under the
Consumer Guarantees Act 1993, you acknowledge that we do not provide any
Express Guarantee (as defined in the Act) other than those expressly confirmed
by us in writing.
10.4. If the goods are acquired by you for
business purposes, you agree that the Act does not apply. If you on-supply
goods you must do so on the basis that the Act does not apply where the goods
are on-supplied for business purposes and notify consumers that neither we nor
any manufacturer undertake that repair facilities or spare parts will be
10.5. If a claim is made directly against us by a
consumer under the Act then you will refund to us the amount of any damages (up
to the value of the margin you made on the goods in question) we are required
to pay to that consumer under the Act.
10.6. Nothing in these terms is intended to have
the effect of contracting out of the provisions of the Act except to the extent
permitted by the Act.
10.7. Except as otherwise required or prevented by
law or except as expressly provided under these terms, we are not liable for
any claim in relation to any goods we supply to you (including as a result of
negligence or otherwise) and all representations, guarantees, warranties and
terms of whatever nature (including fitness for purpose) are completely
11.1. If you do not pay the price by due date, we
may charge a default penalty at a rate of 2.5% per month calculated daily on
the unpaid portion of the price from the due date until payment in full, plus
11.2. You will, on demand, pay to us any amount we
incur (including solicitors' and collection agency costs, court costs and
disbursements) in recovering payment of any overdue account.
11.3. If an Event of Default occurs, we may
suspend or terminate any contract with you.
11.4. If an Event of Default occurs, all amounts
you owe us shall immediately become due and payable notwithstanding that the
due date has not arisen.
11.5. An "Event of Default"; means an
11.5.1. you fail to comply with the terms of any
contract with us; or
11.5.2. you commit an act of bankruptcy; or
11.5.3. you enter into any composition or
arrangement with your creditors; or
11.5.4. if you are a company
11.5.5. you do anything which would make you liable
to be put into liquidation; or
11.5.6. a resolution is passed, or an application is
made for liquidation; or
11.5.7. a receiver or statutory manager is appointed
over all or any of your assets.
12. Use of Information
12.1. You agree that we (or other members of our
group of companies) may obtain information about you from you or any other
person (including any credit or debt collection agencies) during our business,
and you consent to any person providing us with such information.
12.2. You agree that we may give any information
we have about you relating to your credit worthiness to any other person,
including any credit or debt collection agency, for credit assessment and debt
12.3. You must notify us of any change in
circumstances that may affect the accuracy of the information you provided to
us or our group of companies. (If you are an individual, i.e., a natural
person, you have rights under the Privacy Act 1993 to access and request the
correction of any personal information that we hold about you).
13. No Liability
13.1. We shall not be liable for any delays or
failure in complying with any obligation imposed on us under any contract or
for any loss or damage (including indirect or consequential loss of profits,
data or damage) as claimed by you.
13.2. Should any liability in relation to this
agreement (or the goods supplied under this agreement) be imposed on us for any
reason, our total liability to you is limited to the price of those goods and
services supplied by us to which the liability relates.
13.3. We will not, in any case, be liable for any
consequential or special damages, including loss of business profits.
13.4. If we are unable to provide our obligations
under the terms of this agreement by reason of strike, lock-out, riot,
industrial action, fire, storm, operation of law or other cause beyond our
control, then we are released from our obligations under this agreement.
14.1. You hereby indemnify and will keep us
indemnified against all obligations and liabilities incurred by an act or
omission by you in relation to this agreement.
15.1. We have the right to cancel this agreement
(without prejudice to any of its rights) immediately upon any of the events:
15.1.1. If you cease or threaten to cease to carry
on business; or
15.1.2. If a receiver or similar officer is
appointed in respect of all or any assets belonging to you, or you are unable
to pay your debts when they fall due, enter into a scheme with your creditors
or any steps are taken to place you into liquidation; or
15.1.3. If you commit a breach of this agreement and
the breach is not remedied within 14 days of notification of the breach by us.
15.1.4. Upon termination we will be entitled to
repossess and resell any unpaid goods within the term of terms risk and
15.1.5. Termination shall not relieve you from any
liability or responsibility that has arisen before the date of termination.
16. Other Agreements
16.1. These terms apply to all transactions where
we supply goods to you. This agreement supersedes the terms of all prior
agreements, understandings, representations or warranties previously given by
us or any agent of Office Products Depot in respect of goods.
16.2. If there is any inconsistency between these
terms and any order submitted by you or any other arrangement with us, these
terms prevail unless otherwise agreed by us in writing.
16.3. If at any time any provision of this
agreement becomes illegal, invalid or unenforceable neither the legal validity
nor enforceability of the remaining provisions shall in any way be affected or
17.1. If we exercise or fail to exercise any right
or remedy available to us, this shall not prejudice our rights in exercising
that or any other right or remedy. Waiver of any term of the contract must be
specified in writing by us and signed by an authorised person.
18.1. You may not transfer or assign all or any of
your rights or obligations under this contract without our prior written
19. Governing Law
19.1. This contract and its terms are governed by,
and shall be construed in accordance with, the laws of New Zealand. Both
parties submit to the exclusive jurisdiction of the courts of New Zealand.
20. User Agreements
20.1. This Website is provided by Office Products
Depot and may be used for informational purposes only.
20.2. By using the site or downloading materials
from the site, you agree to abide by the terms and conditions contained in this
notice. If you do not agree to abide by these terms and conditions do not use
the site or download materials from the site.
20.3. The materials may contain inaccuracies and
typographical errors. Office Products Depot does not warrant the accuracy or
completeness of the materials, or the reliability of any advice, opinion,
statement or other information displayed or distributed through the site. You
acknowledge that any reliance on any such opinion, advice, statement, or
information shall be at your sole risk.
20.4. Office Products Depot reserves the right, in
its sole discretion, to correct any errors or omissions in any portion of the
site and make any other changes to the site, the materials and the products,
programs, services or prices (if any) described in the site at any time without
20.5. This site, the information and materials on
the site are provided without any representation or warranty, express or
implied, of any kind, including, but not limited to, warranties of
merchantability, non-infringement, or fitness for any particular purpose.