Anzor Fasteners Ltd - Terms of Trade

General

The following Terms regulate the business relationship between Anzor Fasteners Ltd (Anzor) and The Customer (you):

If you wish to get in touch, please follow this link or click here: https://www.anzor.co.nz/branches

1. Acceptance of Terms

1.1 When you access this site, you acknowledge that you have read and agree to these Terms. If you disagree with any of these Terms, then exit the site and do not place an order. All access to this site and any order from it will be subject to these terms as current at that time.

1.2 Any order placed in person in store or by telephone or separate email will be deemed as acceptance of these Terms and subject to these terms.

2. Acceptance of Orders  

2.1 Anzor will only accept orders on these Terms with payment to be made in New Zealand currency. Any such order and sale will be governed by New Zealand law.

2.2 Please note that we do not accept online payments from all countries, and we recommend for any intended orders from outside New Zealand to first check with us to confirm. We do accept enquiries which Anzor will endeavour to respond to within 24 hours.

3. Product Availability

3.1 Anzor may remove or add products to the site, as necessary. At any time, products listed on this site may be unavailable. Anzor will make every effort to keep product availability information up-to-date and accurate but does not otherwise accept liability on account of any product not being available.

4. Cookies

4.1 Cookies are used on some pages on the site – Cookies are small files placed on your hard drive for identification purposes. This is done for site registration and customisation next time you visit the site. Cookies do not read data on your hard drive. If you do not accept Cookies some of the pages on the site may not provide optimal functionality and information may not be accessible.

5. Customer Authority

You warrant that:

a. you are either the customer or the authorised agent of the customer; or

b. you are authorised to accept and are accepting these Terms not only personally but as agent for or on behalf of the customer; and

c. you will not assign all or any of your rights or obligations under these terms unless Anzor specifically agrees in writing. You must advise Anzor of any alteration to your entity structure and/or of any revocation of an agent’s authority to purchase. Until such written confirmation is received and specifically accepted by Anzor in writing, you will remain liable for any amount owing and Anzor’s conduct shall not be deemed acceptance or affirmation of any assignment or revocation.

6. Orders, Price and Payment

6.1 Products may be ordered by following the instructions on the catalogue pages of this website and lodged by email, phone, in store or online. Order acceptance (except for store orders) will be by our email including dispatch or delivery details and delivery charges. All prices quoted are exclusive of GST. Catalogue and in store prices may increase or decrease at any time without notice. Except as specifically agreed, the price will be that at the date of dispatch or collection of goods.

6.2 Freight charges for delivery will be charged in addition to the price of any goods.

6.3 Anzor's prices are subject to alteration without notice and the price payable by you for the goods ordered shall be the price agreed to between Anzor and The Customer or in the absence of such agreement the price prevailing at the date the goods are dispatched. You should confirm prices before ordering. There are various reasons why our prices may change at short notice.

6.4 You agree that if you default in paying any amount owed to Anzor, you will pay on demand all costs, charges and legal expenses including solicitor/client costs and any other collection costs incurred in recovering payment from you.

7. Payment – Where Cash Account Terms Apply

7.1 Payment in cash by credit card or debit card or by internet banking must be made before goods will be dispatched or made available for collection.   

7.2 Card payments are not processed through pages or sites controlled by Anzor. An online payment service provider is used which will encrypt your card or bank account details in a secure environment. 

8. Payment – Where Credit Terms Apply

8.1 Credit account facility applications are by way of the Application for Credit Account form. All credit accounts are subject to these Terms. 

8.2 Anzor may grant or decline to grant you credit by way of a credit account. Anzor may in its sole discretion, at any time and without reason or notice to you and/or any guarantor, and without prejudice to any other right in law or equity:

a. increase or decrease the amount of credit supplied to you;

b. terminate or suspend any credit arrangements it has with you in which case all monies owing by you to Anzor shall be immediately due and payable; and

c. request additional security from you and/or your guarantor on terms satisfactory to Anzor before proceeding with any order or supplying any goods or services on your account (if any).

8.3 You acknowledge that nothing in these terms for any credit application shall be construed to be a consumer credit contract as defined by section 11 of the Credit Contracts and Consumer Finance Act 2003.

8.4 If credit account terms apply, payment is due on the 20th day of the month following delivery of goods to you. If payment is not so made then Anzor, in addition to any right to sue you for payment or to exercise any other remedy, may re-invoice you for the goods at the then current price and charge you interest on the amount outstanding at 1.5% per month calculated daily from due date until payment is received. This does not imply any extension of time for payment nor is it in substitution for any right to sue or otherwise recover monies. No further goods will be provided to you without such payment or payment in advance of future goods.

9. Delivery

9.1 Delivery times are estimates only made in good faith and not binding. Failure to provide any information for an order may result in delayed or incomplete delivery. Anzor may withhold delivery at any time for any reason.

9.2 Failure by you to cancel an order prior to dispatch will mean that goods are deemed delivered when dispatched, entitling Anzor to payment.

9.3 Anzor will not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in or failure of delivery of goods for whatever reason and whether caused or not directly or indirectly by Anzor.

9.4 Where Anzor accepts an order which provides for delivery by instalments Anzor shall be entitled, to payment for each instalment delivered prior to or on delivery (as if it were a separate contract) and failure to deliver any instalment shall not entitle you to repudiate the order whether as to any instalments already delivered or any remaining instalments.

10. Cancellations, Returns and Exchanges

10.1 If you cancel an order prior to delivery, then Anzor may recover from you,you any costs incurred by Anzor in respect of such order including any costs charged to Anzor by any third-party supplier in respect of such order.

10.2 It is your responsibility to check goods supplied and report any problems. This must be done within 7 days of delivery to you. Any claim outside of that period may not be accepted or credited by Anzor.

10.3 Credits or refunds will not be given for goods which have been specially procured, manufactured, or cut to your specifications or which have been used, modified or damaged or removed from original packaging. Refunds will be by credit to your credit card or bank account only.

10.4 Return of goods by you is not acceptance of such return by Anzor and is not agreement to any refund. Any return is subject to Anzor’s inspection and approval and may be subject to an administration and restocking fee. Anzor is not liable to you for any cost of return.

10.5 On cash sales, goods may be exchanged within 14 days of purchase with products of the same value, or for orders over $50 a refund can be given.

10.6 Goods supplied on credit terms or on cash accounts may be exchanged within 90 days of purchase for goods of similar value or credited against your account or, if over $50, refunded. An administration fee will apply to exchanges as follows 10% (of the value of the order) within 30 days, 20% (of the value of the order) within 60 days and 25% (of the value of the order) within 90 days or $20, whichever is the greater.

10.7 Anzor will, for the purposes of the Fair Trading Act 1986, the Consumer Guarantees Act 1993 and the Contract and Commercial Law Act 2017, repair or replace faulty or defective goods or goods which do not match the order placed. Any claim for repair or replacement must be reported within 90 days of purchase and must result from faulty design or manufacture, and you must have returned the defective goods or parts if requested. Such repair or replacement will be Anzor’s only liability to you, and you will not have any other claim against Anzor under this agreement or otherwise in respect of any defect.

11. Consumer Guarantees Act 1993

11.1 Nothing in these Terms excludes, limits, restricts or is intended to derogate from any right or remedy which you may have under the Consumer Guarantees Act 1993, if you are a consumer (as defined in that Act) acquiring the goods and services for personal use. However, the guarantees contained in the Consumer Guarantees Act 1993 are expressly excluded where you acquire the goods or services from Anzor for the purposes of a business.

11.2 Where the goods or services that you acquire from Anzor are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire or hold yourself out as acquiring, the goods or services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or implied by law will not apply and are excluded from these terms of trade.

12. Warranties in respect of Goods

12.1 Goods are subject to the manufacturer’s warranties only. Anzor will pass on the benefit of those warranties to you, without itself being liable to you under any warranty.

12.2 Anzor does not provide any warranty that the goods are fit and suitable for the purpose for which you require them, and Anzor is not liable if the goods are not suitable for your intended purpose.

12.3 Even if you advise Anzor of a warranty claim all outstanding payments to Anzor remain due and payable. Anzor may refuse warranty assistance if any amount owing by you is overdue.

12.4 All information in whatever form is given by Anzor to you gratuitously and without liability by Anzor to you.

12.5 While Anzor's goods are made from high quality materials designed to be resistant to corrosive environments, unless expressly stated, Anzor does not offer any warranties regarding its goods’ resistance to corrosion.

12.6 Notwithstanding any other requirement, Anzor’s liability will always be limited to the cost of replacement or repair of any goods supplied or agreed to be supplied so that its liability will not exceed its price for such goods.

13. Customer Warranties

13.1 If you acquire any goods or services from Anzor then resupply, or incorporate or attach such goods or services into, goods or services ordinarily acquired for personal household or domestic use or consumption (Consumer Products) you warrant that if you or your customer acquires any goods or services for resupply that you, your customer and each person in the distribution chain will exclude liability in its supply contracts against any claims against Anzor under the Consumer Guarantees Act 1993, (but only where the end user/consumer acquires the Consumer Products for business purposes).

13.2 You agree to indemnify Anzor, its suppliers, and manufacturers of the goods against any failure by you, your customer or any person in your distribution chain to properly contract out of liability to business end users under the Consumer Guarantees Act 1993.

14. Supply of Stainless-Steel Grades

Suitability for use is your responsibility:

a. Most manufacturers will manufacture in a stainless steel that is very close to 304 in composition, but which may have certain small differences to enhance ease of production. Such grades are AISI 302HQ and AISI 305 and Anzor may at its option supply these as a substitute for 304 without prior notification.

b. Most manufacturers will manufacture in a stainless steel that is very close to 316 in composition, but which may have certain small differences to enhance ease of production. Such grades are 316L and 316Cu and Anzor may at its option supply these as a substitute for 316 without prior notification.

c. Due allowance shall be made by you for variations as a result of manufacturer’s tolerances and Anzor does not accept any liability for such variations.

d. Anzor to the extent possible ensures that goods are made from high-quality materials designed to be resistant to corrosive environments. Unless expressly stated, Anzor does not accept any liability in respect to corrosion resistance.

15. Limitation of Liability

15.1 Anzor will not be liable for any losses of any kind or any delay in supplying goods or services which are caused in whole or in part by force majeure including (but not limited to) any act of God, declared or undeclared war, natural disaster, flood or earthquakes, hurricanes, cyclones, power failure, strike, lockout, fire, war, civil commotion, network service failure, inability to obtain goods or supplies including the position of any export or import bans, government restrictions or any other cause beyond its reasonable control. Anzor shall not be required to settle a strike or lockout or other industrial disturbance against its wishes to benefit from this clause. Nothing in this clause shall excuse payment of any amount owing or which may become owing under these Terms by you to Anzor. The occurrence of a force majeure shall not give you the right to cancel any agreement that is in place between you and/or your guarantor and Anzor.

15.2 Subject to clause 11, Anzor’s liability shall be limited to the value of any defective goods or services supplied by Anzor, and no member of Anzor, its employees, contractors and agents, any manufacturer(s) or developer of the goods, or any of the materials or components or any suppliers of services, will be liable to you for loss or damage of any kind, however that loss or damage is caused or arises. This limitation of liability includes, but is not limited to, costs (including costs of return of goods to Anzor or any manufacturer), loss of data, consequential loss, loss of contracts, loss of profits and damage caused by or arising from delays in manufacturing or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specification and design, and faulty materials or components of the goods.

16. Liability for Subsequent Defects

We will repair or replace goods which fail to comply with the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 or which show a defect. If you claim that the item is defective, the following conditions apply:

a. The defect must be reported to us within 90 days of purchase; and

b. The defect results only from faulty design or manufacture; and

c. You have returned the defective goods or parts to us if we have so requested.

d. If we repair or replace the goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

17. Personal Property Securities Act, Title and Risk

17.1 Title to all goods supplied to you by Anzor will be retained by Anzor until payment in full is made for such goods and all other goods supplied. All risk of loss of, or damage to, the goods pass to you on delivery of the goods to you.

17.2 These Terms constitute a Security Agreement under the Personal Property Securities Act 1999 (Act), and which Security Agreement grants and creates in favour of Anzor a purchase money security interest (PMSI) authorizing Anzor to register a financing statement under the Act in respect of such goods. You agree to promptly do all things (including signing any other documents) and provide all information necessary to enable Anzor to perfect and maintain the perfection of any security interest granted under these Terms including registration of a financing statement.

17.3 You agree that nothing in sections 133 and 134 of the Act will apply to these Terms and you waive your rights under sections 114 (1) (a), 116, 117 (1(c), 119, 120 (2), 121, 125, 127, 129, 131, 132 and 148 of the Act. You also waive your right to receive a verification statement in respect of any financing statement or financing change statement registered by Anzor.

17.4 If you fail to make any payment or are otherwise in breach of these Terms then Anzor and/or its agents may enter your premises whether anyone is present and retake possession of the goods and you waive, where permitted by law, any rights that may arise because of any such removal. Any shortfall on the sale of the goods will be paid by you and/or any guarantor to Anzor.

17.5 You agree that any repossession of goods by Anzor under sections 120, 121 and 123 of the Act will only satisfy so much of the debt due by you to Anzor as is equivalent to its estimation of the market value of the goods at the date of repossession and after meeting its costs of repossession. Any such repossession and retention will immediately extinguish any right and/or interest you might have in the goods.

17.6 You indemnify Anzor for any claims (including legal costs) against it including any claims because of any default by you, for Anzor’s repossession and retention and any attempts to enforce such rights in respect of the goods and any claims brought by any third party.

18. Privacy of Information

18.1 Anzor is committed to providing customers with a secure, private shopping experience and to compliance with Privacy Act requirements.

18.2 This policy sets out how Anzor will collect, use, disclose and protect your Personal Information. Under the Privacy Act “Personal Information” is information about an identifiable individual (a natural person).

18.3 This policy does not limit or exclude any of your rights under the Privacy Act. If you wish to seek further information on the Privacy Act, see www.privacy.org,nz

18.4 What information does Anzor need to collect from you as a customer? In dealing with you, Anzor may collect and retain information that identifies you as a customer so that the transactions you request can be carried out either online or personally to the extent required. The information Anzor collects includes names and addresses, contact numbers and email addresses, and from time-to-time Anzor may require proof of identity by way of a passport or driver’s license.

a. Why does Anzor collect and retain personal information? Anzor uses this information in any dealings or transactions with you under the Terms. Personal photo ID may be required for any collection and in store.

b. Who can access this information and who is it shared with? The information is collected by specified Anzor employees who need to have access to your personal data for transactions with you. The level of accessibility to your personal data is proportional to the job function that each team member performs. Aggregated shopper statistics may be disclosed to third parties but none of the statistics will contain any information about identifiable customers or shopping habits. Disclosure may also happen for compliance with other legislative purposes.

c. Can you refuse to provide the information requested? If you do not wish to provide the information requested, you have the right to refuse to provide it. However, Anzor may not be able to proceed with any transaction with you if the information requested is necessary for Anzor to ensure that the transaction is conducted in a legitimate manner while protecting the interests of both Anzor and you.  

19. Storage of Personal Information

19.1 Anzor is aware that you may be concerned about the privacy and confidentiality of your personal information. We have in place processes both technical and systems to ensure that all your information is well protected. You are recommended to not disclose your login ID and password to anyone. If you wish to review any information held by Anzor, please email accounts@anzor.co.nz.

19.2 Can I view, change, or delete my personal information?You can view, change, or delete personal account information held by Anzor by contacting Anzor.

19.3 Marketing and advertising

a.You may choose to opt out of marketing emails from Anzor when setting up your account or through the unsubscribe link on our marketing emails.

b.Information may be shared with selected third parties including advertising platforms to present new offers and information about products and services Anzor believes will interest you when you visit other websites.

20. Guarantee and Indemnity

20.1 In consideration of Anzor supplying and continuing to supply goods and/or services to you the persons who have signed the account application are guarantor(s) and jointly and severally guarantee and indemnify the due performance and observance of your obligations contained in these Terms including, upon demand, the payment of all amounts owing, or which become owing by you to Anzor.

The guarantor(s) acknowledges as follows:

a. this is a continuing guarantee; and

b. being obligated to Anzor as a principal debtor; and

c. if there is more than one guarantor then the liability is joint and several; and     

d. liability of the guarantor(s) shall not be affected or discharged by the granting of time or credit to you, as the customer, or by release, abandonment, or waiver of any rights against you the customer or with liquidation or bankruptcy of you, as the customer; and

e. this guarantee is in addition to and not in substitution of any other guarantee or security or other rights which Anzor may have or acquire and may be enforced without the necessity of making any demand or enforcing any other guarantees, securities or rights; and

f. this guarantee shall remain in full force until Anzor agrees in writing to release the guarantor(s) even if the obligations of you, as the customer to Anzor have been fully paid, satisfied or performed; or Anzor’s conduct of the day-to-day operation of your credit account (but not limited to termination of supply, granting of credit, extension of further credit, granting of time, waiver, indulgence, neglect to sue or failure to give appropriate notice) implies that the guarantor may be released from this guarantee or Anzor release any other party from partial or total liability.

21.        Service of Notices

21.1 Any notice provided by us to you or any guarantor, including notification of alteration of these terms of trade, shall be deemed to be delivered and received by you and your guarantor:

a. immediately if sent to your last known email address; or

b. three days after posting to your last known mailing address.