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Online Terms & Conditions

1. TERMS OF WEBSITE USE

Please read the following terms of use and disclaimer carefully before using this website (this "Site"). By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site.

These Terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with New Zealand law.

 

2. DEFINITION

  1. "Seller" means Midwest Machinery Ltd.
  2. "Buyer" means the addressee specified on documents the subject of this contract issued by the seller.
  3. "Goods" means any item of whatsoever nature which is sold by the seller.

All quotations are made and all orders are accepted subject to the following conditions.

No other conditions contained in an order of the buyer or otherwise shall form part of the contract or a variation thereof unless expressly accepted by the company in writing.

 

3. COPYRIGHT

All site design, text, graphics, interfaces, and the selection and arrangements thereof are Copyright © 2012 Midwest Machinery Ltd. All rights reserved. Any use of materials on this site, including reproduction for purposes, modification, distribution, or republication, without prior written permission of the company is strictly prohibited.

 

4. DISCLAIMER

The information, services, products, and materials contained in this site, including, without limitation, text, graphics, and links, are provided on an ìas isî basis with no warranty. To the maximum extent permitted by the law, the company disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied, warranties arising from course of dealing or course of performance. In addition, the company does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.

 

5. LIMITATION ON LIABILITY

In no event shall the company be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if the company has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

 

6. EXTERNAL SITES

This site may contain links to other sites on the internet that are owned and operated by third party vendors and other third parties (the ìExternal Sitesî). You acknowledge that the company is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

 

7. BUYER'S STATUTORY RIGHTS

These conditions of sale shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the buyer or the liabilities imposed upon the seller, by any condition or warranty implied, by the commonwealth, state or territory act or ordinance, rendering void or prohibiting such exclusion, limitation, restriction or modification.

 

8. WARRANTIES

  1. The seller warrants that the goods supplied shall be of merchantable quality. All new goods are supplied subject to this warranty only and any liability arising out or in respect of the supply, resupply, use or reuse whether singly or otherwise and including any liability the seller may otherwise have had by virtue of any representation, warranty, condition or term whether express or implied by law is hereby excluded.
  2. Any liability incurred by the seller to the buyer is limited to the replacement of the goods or (at the option of the seller) refund of the price paid by the buyer provided the goods have not been damaged through misuse or handling and in particular does not extend to consequential loss and is conditional upon the buyer within 10 days of delivery making a written claim to the seller setting out the full particulars of such claim and where possible returning to is sufficient part of the goods to enable a proper examination.
  3. In the case of second hand Goods, the Customer acknowledges that he has had full opportunity to inspect the same and that he accepts the same with all faults and that, unless otherwise specified, no warranty is given by the Seller as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Seller shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising. The Midwest Machinery 100 Day Limited Warranty is applicable only on select used equipment and is at the sole discretion of the Seller.

 

9. ADVICE

Subject to condition 2, any advice, recommendation, information, assistance or service provided by the seller in relation to goods sold or manufactured by it or their use or application is given good faith and is believed by seller to be appropriate and reliable.

However any advice, recommendation, information, assistance or service provided by the seller in relation to any goods supplied by the seller is provided without liability or responsibility on the part of the seller.

This clause also applies to product specifications and analyses which may from time to time be required to be provided to the buyer from the seller.

 

10. DELIVERY

The seller will make all reasonable efforts to have the goods delivered to the buyer on the date agreed between the parties as the delivery date, but the seller shall be under no liability whatsoever should delivery not be made on this date, unless otherwise specified delivery shall be made of all goods and materials at the nearest convenient unloading point (either road or rail) to the buyerís works or appropriate site, and the buyer shall be responsible for unloading vehicles or containers and transportation to factory or store.

 

11. DAMAGE IN TRANSIT

All goods shall be examined by the buyer on delivery.

The seller shall not be liable for claims in respect of shortage or damage in transit unless the carrier and the seller is notified in writing within 48 hours of delivery or in the case of non-delivery notice being given in writing within 5 days of notice of dispatch of the goods from the works of the seller or the sub-contractors.

 

12. RISK

The assessment of the suitability of the goods offered by the seller for use by the buyer either in a process or incorporation in a product is the sole responsibility of the buyer irrespective of any information verbal or written given to the buyer by the seller. The buyer assumes all risks and liabilities for consequences arising from the use of goods whether singly or in combination with other products and indemnifies the seller in respect of any such use.

 

13. RESERVATION OF TITLE

  1. Property in the goods shall remain with the seller and the seller reserves the right to dispose of the goods until such time as:
    1. full payments made for all amounts owing by the buyer to the seller so that the buyerís total indebtedness to the seller under these conditions of sale is discharged; or
    2. the buyer sells the goods to his customers in the ordinary course of business.
  2. If the buyer fails to pay the amount of the buyerís total indebtedness to the seller under these conditions of sale when it is due to the seller or, in event of default as specified in subclause.
  3. Hereof occurs the seller may without notice and without prejudice to any of its other rights and remedies and/or re-sell the goods or any of them and may enter upon the buyerís premises by its servants or agents for that purpose.
  4. The buyer acknowledges that until his total indebtedness under these conditions of sale to the seller is discharged he holds the goods as ballee of the seller and that a fiduciary relationship exists between them.
  5. In the event of sale to his customers the buyer in his position as a fiduciary shall:
    1. assign to the seller the benefit of any claim against the customer; and
    2. account fully to the seller for the proceeds of the sale (unless and until the buyerís total indebtedness to the seller under these conditions of sale is discharged).

 

14. PRICE

The price shall be the price stated at the date of delivery. All prices on this site are subject to change without notice. All pricing on the website is in $NZD and excludes GST and freight costs unless otherwise stated.

 

15. MIDWEST MACHINERY GIFT VOUCHERS 

Midwest Machinery provides the facilities to present and redeem vouchers through the checkout system. Any voucher is to be used at the discretion of Midwest Machinery. Midwest Machinery also holds the right to terminate any Voucher which they believe is being misused.

  1. The Gift Voucher can only be used once.
  2. If your order exceeds the amount of your Gift Voucher, you must pay for the balance with a credit card or other agreed forms of payment.
  3. Midwest Machinery Gift Vouchers are not redeemable for cash.
  4. Midwest Machinery Gift Vouchers are not refundable.
  5. Valid up until the date recorded on the front of the Gift Voucher.
  6. Recipients may only use Midwest Machinery Gift Vouchers for purchases online at http://www.midwestmachinery.co.nz
  7. The Gift Voucher will not be replaced if lost, stolen, or destroyed.
  8. Each Gift Voucher is identified by an individual code that must not be changed or copied by the purchaser.
  9. The purchaser is not allowed to transfer, re-assign, or re-sell the Gift Voucher.   

 

16. FORCE MAJEURE

Deliveries may be totally or partially suspended by the seller during any period in which the seller may be prevented or hindered from making delivery through any circumstances outside its reasonable control, including but not limited to strikes, lockouts, raw material shortages, accidents or breakdowns of plant or machinery. However during the period of total or partial suspension of delivery, the buyer may purchase elsewhere, at its own cost and risk, such quantities or alternative goods as may be necessary to cover his requirements during such period in substitution for the goods not delivered by the seller. Whether or not the buyer makes these arrangements, the seller shall not be under any liability in respect of such suspension and in particular the seller shall be under no obligation to deliver at any future date any goods not delivered during the period of suspension following month of delivery.

 

17. PAYMENT AND DEFAULT

Unless otherwise agreed expressly in writing, the terms of payment are payment in full prior to delivery of goods. If the buyer makes default in any payment or commits any act of bankruptcy or being an incorporated company, passes a resolution for winding up (except for the purpose of reconstruction) or a petition is presented for its winding up, the seller may without prejudice to its own rights either suspend further deliveries, require payment in advance for all such deliveries or terminate any contract forthwith by written notice to the buyer. Where the payment is to be made from places outside of the Commonwealth of New Zealand, the normal method of payment shall be a confirmed irrevocable bank letter of credit from a bank approved by the seller guaranteeing full settlement to an equivalent amount of New Zealand dollars to an agreed bank payable on presentation of the documents. Conversion from any foreign currency to New Zealand currency is to be made at the rate ruling at the time the documents are negotiated by the seller's bankers in New Zealand demand drafts in that currency or such rate as is actually incurred by the seller in the event of alteration of mode of payments. All payments made will appear on the cardholders statement as Midwest Machinery Ltd. The term "documents" as used in this clause shall mean invoice, bill of lading (or where other goods are included on same, seller's delivery order) and where it is the seller's responsibility, the insurance policy or certificate (or where other goods are included on same), seller's letter of guarantee that the goods are insured in accordance with the requirements of this quotation.

 

18. DEBT COLLECTION COST

If the buyer makes default in payment, which necessitates debt collection costs, to be incurred by the seller, these debt collection costs will be passed on to the buyer, and shall be recouped by the seller at such time as the recovery of outstanding debt takes place.

 

19. FUTURE DEALING

Unless otherwise agreed to in writing by the seller and not withstanding any terms appearing in documentation provided by or on behalf of the buyer the terms appearing herein shall be incorporated by implication into all agreements by the seller to supply the buyer with goods.

 

20. CANCELLATION

Cancellation will only be accepted by the seller on condition that all costs and expenses and all loss of profits and other loss or damage sustained by the seller (as to which the certificate of the auditor of the seller shall be conclusive) will be reimbursed by the buyer to the seller forthwith.

 

21. ANALYSIS

Such specifications and analysis will be provided in good faith based either on data provide to the seller by its suppliers or on data generated by the seller itself.

 

22. RIGHT TO USE SITE AND CONTENT

You may use this site only for the purposes for which it is provided. You must not use this site for fraudulent or other unlawful activity or otherwise do anything to damage or disrupt this site.

You may reproduce, copy and distribute the content of this site provided you only use that content for informational, non-commercial purposes and any reproduction includes a prominent acknowledgement of Midwest Machinery's rights in the relevant content. You may not reproduce, copy or distribute the content on this site for any other purpose of in any other way without Midwest Machinery's prior written consent.

If you wish to link to any part of this site, you must get Midwest Machinery's prior written consent.

 

23. TERMS OF TRADE FOR ACCOUNT HOLDERS

To view our Standard Terms of Trade CLICK HERE. (PDF will open in a new browser window)