Terms of Trade Terms of Trade

Definitions

”GST” means goods and services tax as defined in the New Zealand Goods and Services Tax Act 1985.

”Goods” means any goods (e.g. products) provided by us to you and incudes without limitation any related fees or charges from us to you.

”Order” means an order submitted by you to us via telephone, email or website for the purchase of Goods or Services.

“Price" means the total amount payable by you for the Goods or Services including all delivery costs (including freight and carriage by any means), import/export costs, insurance costs, and any other fees, surcharges or other charges payable by you.

"Services" means any services provided by us to you and includes without limitation any related or associated services, fees or charges from us to you.

"Terms" means these Terms of Trade (as amended from time to time).

"We", ”us”, ”our" means Professional Therapy Solutions Limited, New Zealand registered company and its agents, successors or assigns.

"Website" means the website ptsonline.com, pts.co.nz and associated websites (e.g. www.ptsonline.com, www.pts.co.nz).

"You" and "your” means the person(s) or entity (ies) named as the customer on the Order or invoice.

 

Acceptance

a) All Goods or Services provided by us will be governed by these Terms which may be updated or amended from time to time by us without notice.

b) By placing an Order with us, you are deemed to have accepted these Terms without amendment. Once this occurs, you may not cancel or reverse your order unless otherwise provided in these Terms, or as agreed with us.

c) These Terms constitute the sole understanding of the parties in relation to its subject matter and supersede all prior understandings, written or oral, which will be of no further force or effect.

 

Customers

a) You are required to provide personal information when requesting our Goods or Services via telephone, facsimile, email or our Website.

b) You authorise us to collect, retain and use any information about you in accordance with these Terms and the NZ Privacy Act 1993.

 

Price

a) Unless otherwise agreed by us, the Price of the Goods or Services we supply you will be as expressed in New Zealand dollars and is exclusive of GST and any import/export costs unless specifically stated otherwise. You will pay all applicable GST and import/export costs in addition to the Price.

b) We reserve the right to withdraw any special discounts or arrangements at any time without any reason.

 

Payments

a) We reserve the right to require that payment in full be made in advance for any Goods or Services and may refuse to undertake any further Services or provide any further Goods without pre-payment.

b) In cases where we have agreed that payment in advance is not required, full payment will be required as per Payment Due date on the invoice.

c) We reserve the right to charge you for any bank charges associated with processing your payment (e.g. foreign exchange charges, dishonoured cheques, etc.).

d) You may request that we invoice a third party for payment of our Services. We may charge a $25 plus GST re-invoicing fee which will be added to your invoice.

e) We reserve the right at any time to terminate this and/or any other agreement between us if you do not make payment of any amounts due to us on or before the due date for payment, indicate that you will not pay any sums by the due date, fail to comply with your obligations under these Terms, or suffer an insolvency event.

 

Overdue Accounts

a) Without prejudice to our other rights and remedies under these Terms or at law, if you fail to make payment of any amount due to us by the due date, we may:

i. take immediate action to recover overdue debt;

ii. withhold Goods or Services until payment is received;

iii. charge interest on the amount owing at the rate of 1.5% per month or part month from the due date for payment until payment is received in full (both prior to and following any judgement obtained);

iv. cancel any rebates, discounts or credits (whether or not previously credited); and

v. recover from you any debt collection charges including commission from any debt collection agencies.

 

Delivery

a) Any time frames specified or advised by us are an estimate only.

 

Liability

a) To the extent permitted by law, in no event shall we be liable to you under, or in connection with these Terms and/or the supply of our Goods or Services (whether in contract, tort or otherwise) for consequential losses or damages, indirect loss or any economic loss or loss or profits.

 

b) You acknowledge that we are not liable for any error, non-performance or breach of any of our obligations to you under these Terms as a direct or indirect result of any Services or Goods we provide, or on the basis of erroneous or faulty information provided by you to us.

 

c) To the extent that our liability is not otherwise limited or excluded, and to the fullest extent permitted by law, our aggregate liability to you whether in tort, contract or otherwise for any loss damage or injury in relation to the Goods or Services we supply you is limited to the price paid by you for the Goods or Services in respect of which the claim or claims are made.

 

d) To the fullest extent permissible by law:

i. all warranties, conditions or other terms implied by law are excluded;

ii. you agree not to make and waive any right to make, any claim against us under sections 9, 12A and 13 of the New Zealand Fair Trading Act 1986 and you agree this is fair and reasonable; and

iii. you acknowledge that if you acquire our Goods or Services for a business purpose, the provisions of the Consumer Guarantees Act 1993 shall not apply.

 

Privacy and Confidential Information

a) We agree not to disclose your personal information unless permitted to do so by law.

b) You agree that we may use any information we have about you relating to your creditworthiness for lawful purposes.

c) You agree and consent to us collecting or obtaining your personal information (as defined in the Privacy Act 1993) from any person (including any collection agency) and to use that information for any purposes in connection with our business, including for credit assessment or debt collection purposes, to sending emails or other types of electronic messages that promote our Goods or Services to you. (You may at any time notify us if you no longer wish to receive any electronic messages from as, as per the The Unsolicited Electronic Messages Act.)

 

Intellectual Property

a) All intellectual property rights created during us undertaking our Services for you will vest in us immediately upon the intellectual property being created.

b) Everything on our Website, unless otherwise stated, is copyright.

 

Miscellaneous

a) No waiver of any provision of these Terms will serve as a waiver of any other provision of these Terms and we will not have waived or be deemed to have waived any provision of these Terms unless such waiver is in writing and executed by us.

b) If any provision in these Terms will be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.

c) These Terms will be deemed to be made in New Zealand and will be construed and governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.