Terms & Conditions
Terms of Sale
General Terms of Sale - Driedfresh Ltd.
DRIEDFRESH LIMITED (herein referred to as "Driedfresh", "us" or "we") (please note additional terms apply if paying by finance, as detailed in your finance contract)
• The price you pay is fully inclusive of GST, goods in transit insurance, freight and all handling charges. Our GST number is 106105839.
• We can revise our prices at any time prior to accepting your order.
• Your order will be deemed accepted when the product is shipped and invoiced.
• We can increase the price where there is an increase in the cost of any items (including exchange rates changes) affecting the cost of supply, production and/or delivery of the goods between the date of the contract and the date of delivery. If we do this then you can withdraw your order.
• You are bound to pay us (or the Finance Company you contract if paying by finance) the price once we accept your order. A quotation does not give rise to a binding contract until you place an order that we subsequently accept.
• Payment must be made in cash, the cash equivalent, or finance must be finalised prior to delivery of your order, unless we agree otherwise in writing at the time of placing the order. Where an institution has an established Driedfresh Account orders will be charged against that account.
• If paying by credit card you will be charged in full at the time of dispatch of your order. Order placement does not guarantee immediate shipment of your order.
• If paying by finance your finance contract will commence on shipment of the goods and payments will start one month after this date.
• You cannot cancel payment or make any deductions from any amount you owe us without our prior written consent.
• 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 unpaid account.
• You are responsible for protecting the details of your individual login to the store website (crupples.com) and you will be responsible for orders placed using your individual login.
• Once your order has been placed, any additional items required may be placed as a separate order and will incur the normal freight charge.
• Order placement does not always guarantee supply of goods. We offer these items for sale in good faith based on our supplier catalogues but occasionally items can become unavailable without prior notice.
• Returned goods will only be accepted if the product concerned is deemed to be not up to the driedfresh standard by us.
• You need to return the goods within 3 days’ time at your cost.
• All returns will be checked on arrival with us and returns will be rejected and returned to you if no fault or defect is found.
• You will be liable for all delivery and insurance charges incurred in respect of returned goods. Unless the return is due to an error by us, freight charges will not be credited under any circumstances.
Right of Return
• At any time, within 14 days of the shipment date to you, you may return the product to us for full credit (less any associated freight charges incurred by us), providing;
• The product is unopened and in original saleable condition; and
• The product is accompanied by an email confirmation to return from us issued by us.
Risk and Ownership
• Risk in the goods will pass to you (or your designated finance company if paying by finance) on delivery.
• Ownership of the goods will not pass upon delivery but remains with us until we have received total payment in clear funds of all moneys owing to us (whether relating to those goods, to the supply of services, or to any other personal property supplied). We hold a security interest in all goods supplied to you for payment of those moneys.
• While ownership of the goods remains with us you agree to act as a fiduciary of Driedfresh and:
• You will not sell, charge or part with possession of the goods otherwise than for their full value;
• You will not alter, obliterate or deface the goods or cover up or remove any identity mark indicating that the goods are our property;
• You must store the goods separately or clearly identify them as belonging to us; and
• You must hold the proceeds of resale or use of the goods in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us - you will be entitled to the balance of the proceeds.
• We can enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so. We can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us.
• Where the Consumer Guarantees Act 1993 ("Act") applies:
• 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 available.
• You acknowledge that no Express Guarantees (as defined in the Act) are provided.
• 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.
• 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.
• 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 excluded.
• To the extent that this clause does not conflict with the Consumer Guarantees Act 1993, we do not undertake that replacements will be available for the goods. We will not be liable to replace any defective goods and at our own discretion we may:
• notify the manufacturer of the goods of any defect notified by you; and
• request the manufacturer to replace any defective goods.
• 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 or damage) if the failure or delay arises from a cause unforeseeable or beyond our control.
• Our total liability to you in relation to any goods is limited to the price of those goods. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
• These terms apply to all transactions where we supply goods to you.
• If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, the other terms prevail unless otherwise agreed by us in writing.
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.
You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
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.