terms & conditions

1. AGREEMENT

1.1. By ordering or purchasing Products or Services from  Tanksalot (us), you agree that these terms and conditions (Ts & Cs) will apply.

2. QUALITY AND REMEDIES

2.1. Subject to the remainder of this section, these Ts  & Cs are to be read subject to the Consumer  Guarantees Act 1993 (CGA).

2.2. Pursuant to section 43 of the CGA, where you are acquiring the Products and/or Services for a business purpose, you agree with us that: they are supplied and acquired in trade; you and we contract out of the provisions of the CGA; and it is fair and reasonable that you and we are bound by this Section 2.2.  

2.3. We will use reasonable skill and care in providing the Products and Services. Where any Products or Services do not meet those standards and you notify us in writing of any defect within 5  business days of receiving them, your sole remedy will be that we will fix the defect at our cost, at our sole discretion, by re-performing the defective Services or repairing or replacing the defective Products.  

2.4. To the extent permitted by law, all other warranties and guarantees, including the guarantees contained in the, are expressly excluded. Without limiting that sentence, you  agree that:  

2.5. except as these Ts & Cs provide, we shall be  under no liability to you;  

2.6. your remedies for misrepresentation,  repudiation or breach are dealt with by the express provisions of these Ts & Cs. This Section  excludes and/or overrides Sections 35 to 49  (inclusive) of the Contract and Commercial Law  Act 2017 (CCLA) in its entirety; and 

2.7. the warranties, guarantees and representations provided for the sale of goods under the CCLA  are inappropriate for these Ts & Cs and shall not apply. This Section excludes and/or overrides the other provisions of Part 3 of the CCLA in their entirety.

3.1. Subject to section 3.2, the price will be: as agreed in advance with you; or, if not agreed, in accordance with our current pricing rates at the time of delivery.  

3.2. Where our costs increase due to circumstances outside of our control, we may reasonably increase the Price. 

3.3. You will pay us all amounts due under these Ts&  Cs, when due and in full without set-off or deduction. If you are an on-account customer,  

you will pay our invoices on the 20th day of the month following the date of the invoice. In all other circumstances, you will pay our invoices on or before the 7th day of the month following the date of the invoice. For any overdue amount,  you will pay us: (i) interest on the overdue amount, at ten percent (10%) per annum above the Official Cash Rate, compounding monthly;  and (ii) our costs (including solicitor’s fees) in  recovering any such amount owed to us. 

4. DELIVERY AND RISK 

4.1. Delivery timeframes are estimates only, and any delay or failure to deliver the Products will not entitle you to cancel your order or refuse to accept any delivery. Delivery will occur when (as applicable) we deliver the Products to you, we leave them at a delivery site, we give the  Products to a third-party carrier, or we make the  Products available for collection. Risk of loss,  deterioration or damage to the Products passes to you on delivery. You must inspect Products and Services on delivery and our supply will be deemed complete unless you notify us in writing of any issues within 5 business days of delivery. 

5. TITLE AND SECURITY 

5.1. Title in Products remains with Tanksalot until all amounts owed by you are received by us in full.  You grant us a security interest in all Products supplied by us for the full amount owing by you.  Our security interest covers the Products together with proceeds of all kinds to the value of all Products and Services that we have supplied to you, whether or not they have become accessions to other goods or processed or comingled into or mixed with other goods.  

5.2. You: 

5.2.1. will cooperate and promptly execute any  further documentation that may be required to enable the security interest to effectively attach, be perfected, and enforced by us; 

5.2.2. waive your rights to receive a verification  statement in respect of any financing statement registered on the Personal Property Securities Register in accordance with these Ts & Cs; and 

5.2.3. irrevocably authorise us to enter any premises on which Products are situated after default by you under these Ts & Cs (including an Insolvency Event), or before default if we reasonably believe a default is likely and to remove and repossess any Products.

5.2.1. will cooperate and promptly execute any further documentation that may be
required to enable the security interest to effectively attach, be perfected, and
enforced by us;

5.2.2. waive your rights to receive a verification statement in respect of any financing
statement registered on the Personal Property Securities Register in accordance with these Ts & Cs; and

5.2.3. irrevocably authorise us to enter any premises on which Products are situated after default by you under these Ts & Cs (including an Insolvency Event), or before default if we reasonably believe a default is likely and to remove and repossess any Products.

6. TERMINATION 

6.1. We may terminate these Ts & Cs immediately where: any of the following occurs: (i) your creditor seizes Products or intimates that it intends to seize  Products; (ii) an application is made to bankrupt you or put you into liquidation or a receiver is appointed to any of your assets; (iii) a Court judgment is entered against you and remains unsatisfied for seven (7) days (each an Insolvency  Event); (iv) Products in your possession are damaged while any sum due from you to us remains unpaid; (v) you are late in paying any amount due to us; (vi) you breach these Ts & Cs;  or (vii) for any reason, we are unable to deliver the Products and Services to you within a reasonable period of time.

7. LIMITATIONS

7.1. Our total liability in contract, tort (including  negligence), misrepresentation or otherwise in relation to these Ts & Cs, including in respect of the  Products and/or Services, will be limited to the  value of the price paid by you to us.  

7.2. To the maximum extent permitted by law we will not be liable for: (i) any loss of profits, revenues,  business information, or contracts or any indirect,  special, incidental, punitive, exemplary, or consequential loss or damage nor (ii) any losses arising from your subsequent use or misuse of the  Products including (without limitation): (a) fair wear and tear; (b) willful damage; (c) your negligence, or that of your agents or employees;  (d) any failure to follow our instructions as to use of the Products; (e) abnormal working conditions;  or (f) any alteration or repair of the Products. You indemnify us from and against any liability to your customers or any other third parties.

8. FORCE MAJEURE

8.1. We will not be liable for any delay in meeting or for failure to meet our obligations due to a Force  Majeure Event. You will pay any additional costs  we incur as a result of a Force Majeure Event  provided that we will consult with you in advance  of incurring such additional costs and use  reasonable endeavours to minimise them.

9. PERSONAL GUARANTEE

9.1. If you are a company or trust, in consideration for  Tanksalot agreeing to supply Products and  Services and grant credit to you, your director(s)  or trustee(s) signing these Ts & Cs, also sign this Ts  & Cs in their personal capacity and jointly and severally personally undertake as principal debtors to us the payment of any and all monies  owed by you to Tanksalot and indemnify us  against non-payment by you.  

10. GENERAL 

10.1. We may amend these Ts & Cs from time to time  by giving you notice in writing.  

10.2. If any section (or part of a section) of these Ts & Cs  are unenforceable or if the law changes so that it  becomes unenforceable to any extent, the section  (or part affected) will be treated as having been  deleted and the remaining parts of these Ts & Cs  will continue to be valid.  

10.3. Failure by us to enforce any of the Ts & Cs in these  Ts & Cs will not be deemed to be a waiver of any  of the rights or obligations of Tanksalot. 

10.4. You authorise us to collect, use, retain and disclose  personal information about them for our business  purposes. At all times information will be handled  in accordance with the Privacy Act 2020 and our  privacy policy, which can be found at  https://tanksalot.co.nz/. 

10.5. Any use of the word “including” will not be limited  by the words that follow. 

11. DEFINITIONS 

11.1. Customer, you means the person or entity  purchasing or seeking to purchase Products or  Services from Tanksalot (including the agents of  such a person). 

11.2. Force Majeure Event means any cause affecting  the performance by Tanksalot of its obligations  outside of its reasonable control, including fire,  flood, explosion, epidemic, pandemic, riot, civil  commotion, any strike, lockout or other industrial  action, act of God, war, warlike hostilities or threat  of war, terrorist activities, accidental or malicious  damage, any prohibition or restriction by any  government or other legal authority, and impacts  of COVID-19 including closures, lockdowns or  labour shortages due to sickness or self-isolation  which significantly impact upon our ability to meet  our obligations. 

11.3. Price means the cost of the Products and Services  excluding GST and freight. 

11.4. Products means all property, materials, inventory  or goods supplied by Tanksalot. 

11.5. Services means the services provided by  Tanksalot.  

11.6. Tanksalot, we, our means Elemental Solutions Group Limited trading as Tanksalot which is  located at 115 Foundry Road, Silverdale, Auckland  0932.