Terms and Conditions of Trade

These terms and conditions apply to the supply of goods and/or services by 3DG Limited ("3DG") to any customer ("Customer"). By placing an order with 3DG, the Customer agrees to be bound by these terms and conditions.

 

Order and Acceptance

The Customer must place an order with 3DG in writing, specifying the goods and/or services required, the price, the quantity, the delivery date and any other relevant details. 3DG may accept or decline any order at its sole discretion. No order is binding on 3DG until it is accepted by 3DG in writing.

Price and Payment

All prices stated are in NZD. The price for the goods and/or services will be as quoted by 3DG or as agreed in writing between the parties. Unless otherwise stated, the price is exclusive of GST, freight, insurance and any other taxes or charges. The Customer must pay the full amount of the invoice within 14 days of the date of the invoice, without deduction or set-off. If the Customer fails to pay on time, 3DG may charge interest at 2% per month on the overdue amount and recover from the Customer all costs incurred in enforcing payment, including legal fees.

Delivery and Risk

3DG will deliver the goods and/or services to the Customer at the location and on the date specified in the order or as agreed in writing between the parties. Any delivery times are estimates only and 3DG will not be liable for any delay in delivery. The risk of loss or damage to the goods passes to the Customer upon delivery or upon collection by the Customer or its agent, whichever is earlier.

Title and Security

The title to the goods remains with 3DG until the Customer has paid all amounts owing to 3DG in full. Until then, the Customer holds the goods as bailee for 3DG and must store them separately and clearly identify them as belonging to 3DG. The Customer grants 3DG a security interest in the goods and their proceeds under the Personal Property Securities Act 1999 ("PPSA") and agrees to do all things necessary to perfect and maintain that security interest. The Customer waives its right to receive a verification statement under the PPSA and agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to these terms and conditions.

Warranty and Liability

3DG warrants that the goods and/or services will be of acceptable quality, fit for their intended purpose, free from defects and comply with any specifications agreed in writing between the parties. If any goods and/or services are defective or do not conform to this warranty, 3DG will at its option repair or replace them or refund the price paid by the Customer, provided that: (a) the Customer notifies 3DG of the defect or non-conformity within seven days of delivery; (b) the Customer returns the goods to 3DG at its own cost; (c) the goods have not been altered, damaged, misused or neglected by the Customer or any third party; and (d) the defect or non-conformity is not due to normal wear and tear or fair usage. This warranty is in lieu of all other warranties, express or implied, and excludes any liability for consequential or indirect loss or damage arising from or in connection with the goods and/or services.

Consumer Guarantees Act 1993 ("CGA")

If the Customer is acquiring the goods and/or services for personal, domestic or household use or consumption, nothing in these terms and conditions will limit or exclude any rights or remedies that the Customer may have under the CGA.