Terms and Conditions

Terms & Conditions

 

Definitions

In these conditions unless the context otherwise requires:
•     Buyer means the person, or company buying the goods from Fueling Dynamics Ltd.
•     Products and/or services mean the products and/or services being purchased by the Buyer from Fueling Dynamics Ltd.
•     Contract means the contract between Fueling Dynamics Ltd and the Buyer for the purchase of the goods.
•     Date of the contract means where the contract arises from a quotation given by Fueling Dynamics Ltd.
•     Contract price means the price of goods as agreed between the Buyer and the Fueling Dynamics Ltd.
•     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.
•     PPSA means the Personal Property Securities Act 1999.
 

Quotation

The Buyer may request a Quotation or Proposal from Fueling Dynamics Ltd, setting out the price and quantity of the Goods to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place the order within 60 Days of quote date.
 

Acceptance

If any instruction is received by Fueling Dynamics Ltd from the Buyer 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 Buyer, the terms and conditions are definitive and binding.
 

Terms and Conditions

These terms and conditions and any subsequent terms and conditions issued by Fueling Dynamics Ltd shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
 

Price

5.1.The Price shall be as indicated on invoices provided by Fueling Dynamics Ltd to the Buyer in respect of products and/ or services supplied; or
5.2.The Price shall be the Price of Fueling Dynamics 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. If no time is stated then payment shall be due on delivery of any goods.
5.4. The Buyer agrees that the cost Price shall be determined by Fueling Dynamics Ltd.
5.5.The price is subject to change depending on currency rates, unless the buyer has a valid written quote, no older than 60 days.
5.6. All prices are charged in NZD.
 

Delivery time

Free delivery across NZ on orders above $300inc GST. You will receive your items within 1-3 working days. Up to 10 working days for speciality items or items temporarily out of stock.
Australia – Charged by weight – delivered in up to 5 working days.
Rest of world – please ask.
 

Payment, Late Payment, Default of Payment and Consequences of Default of Payment

6.1.The method of payment will be made by cash, or by cheque, or by bank cheque, by direct credit, or by online credit card, or by any other method as agreed to between the Buyer and Fueling Dynamics Ltd.
6.2.Account Holders: Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed in writing by Fueling Dynamics Ltd shall be received on or before the 20th of the month following the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.
6.3.Cash Sales are to be paid for in full before receiving the goods.
6.4. Late payment shall incur interest at the rate of 2% per month, calculated on a monthly 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 Fueling Dynamics Ltd, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
6.5.Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
6.6.In the event that:
a. Any money payable to Fueling Dynamics Ltd becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
b. The Buyer 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 Buyer or any asset of the Buyer; 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 Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to Fueling Dynamics shall, whether or not due for payment, immediately become payable.
6.7. All credit/debit card payments made over the website are hosted by DPS. 
 

PPSA (Personal Property Securities Act 1999) 

• The Contract constitutes a security interest in the goods supplied by Fueling Dynamics to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.
• The Buyer agrees to promptly execute and deliver to Fueling Dynamics Ltd all assignments, transfers and other agreements and documents and do anything else which Fueling Dynamics Ltd may deem appropriate to perfect the Company’s security interest over the Buyer, or obtain the priority required by the Company or register (and renew registration) a financing statement for a security interest in favour of Fueling Dynamics Ltd.
• To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on Fueling Dynamics in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
• To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by Fueling Dynamics Ltd.
• The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.

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.
 

Dispute resolution

Fueling Dynamics Ltd will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
 

Reservation of title

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

Warranty

Fueling Dynamics warrants that it will repair or replace any defects in the goods, if written notice of the claim is received by the Company within 30 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 Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
 

Liability

Fueling Dynamics Ltd shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of Fueling Dynamics Ltd 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 Buyer shall indemnify the Company against any claim by any such person.
 

Return & Refund Policy

No returns of any products, so please choose carefully – unless you choose the wrong product for the wrong application, we will replace this, provided the product has not been opened – additional product & freight charges may apply. If your product has been damaged, please return it to us in the condition you received it, within 30 days after date of purchase to have a replacement or full refund.