Terms of Trade

Preamble – You will be supplied a copy of your fitting notes with a break down of costs. A separate invoice will be emailed to you with payment details. Below is Auckland Saddle Fits' Terms of Trade. If you have any queries about the information recorded during your saddle fit, or fee's charged for services' provided, please contact Auckland Saddle Fit within 48 hours of receiving them (Call 0276256464 or Email christine@aucklandsaddlefit.co.nz)

Pricing & Payment – Payment of any invoice is expected within 7 days of invoice date. If full payment is not made by the due date for payment, the customer will pay (at Auckland Saddle Fit Ltd.'s discretion, and without prejudice to any other rights or remedies it may have), on demand, default interest on the amount outstanding at the rate of 10% per annum (calculated on a daily basis, until the account is paid in full) and all expenses and costs (including legal costs on a solicitor and client basis) incurred by or on behalf of Auckland Saddle Fit Ltd recovering or attempting to recover the overdue amount.

Ownership & Risk – 1) Ownership of the Goods (whether or not any of the Goods have been paid for by the Customer) shall not pass to the Customer until the Customer has paid all of the Secured Indebtedness and all the Customer’s obligations to Auckland Saddle Fit Ltd in respect of the Goods or otherwise have been met. 2) The risk of any loss or damage to, or deterioration of, the Goods due to any cause whatsoever will pass to the Customer on Delivery. If any Goods are damaged or destroyed prior to risk passing to the Customer, Auckland Saddle Fit Ltd may promptly repair the Goods or cancel the order in respect of those Goods without penalty or compensation to the Customer.

Warranties & Liability – 1) Auckland Saddle Fit Ltd will not be liable in respect of Goods that have been tampered with or modified without Auckland Saddle Fits' approval or which have been stored in an improper manner. 2) For Goods that the Customer is entitled to reject (pursuant to clause 26 of the CGA) or Auckland Saddle Fit liability for breach of a non-excludable condition, warranty or any other liability, is limited at Auckland Saddle Fits’ option to: (a) repairing the Goods; (b) replacing the Goods; or (c) refunding the price of the Goods.

Product Safety – 1) The Customer must ensure that: (a) all Goods are handled and used in accordance with any safety directions or guidance notes; (b) any safety features of the Goods are not interfered with, modified or disabled; (c) all Goods are used under appropriate supervision and with appropriate training; 2) The Customer acknowledges that: (a) failure to comply with this clause may invalidate any express warranty given by Auckland Saddle Fit; (b) Auckland Saddle Fit does not warrant or represent the suitability of any good, service, design, person or organisation for the Customer’s use; (c) the Customer shall be responsible for ensuring that all and any instructions, recommended uses, applications and installations methods are followed and any cautions and/or warnings observed; (d) where any recommendation or advice has been given by or on behalf of Auckland Saddle Fit, Auckland Saddle Fit will not be responsible for the actual implementation of the recommendation or the advice or the actions or performance of any other party.

Default – 1) If, at any time and for any reason, an Event of Default occurs, then (without prejudice to any other remedies Auckland Saddle Fit may have): (a) Auckland Saddle Fit may suspend or cancel (in whole or in part) any order created under these Terms or any other contract with the Customer by written notice to the Customer; (b) Auckland Saddle Fit may delay delivery of any Goods until the matter is resolved to Auckland Saddle Fit’ satisfaction; (c) the Secured Indebtedness will become immediately due and payable; (d) each security interest created under these Terms will become immediately enforceable; (e) Auckland Saddle Fit may at any time appoint in writing one or more Receivers (jointly and/or severally) in respect of any Secured Property who shall be entitled to exercise all rights conferred on Auckland Saddle Fit under these Terms as well as at law generally and pursuant to the Receiverships Act 1993 and otherwise on such terms considered necessary or expedient by Auckland Saddle Fit; 2) A certificate signed by Auckland Saddle Fit as to an amount due by the Customer shall be conclusive evidence of such for all purposes, including for any proceedings.

Indemnity – The Customer hereby indemnifies Auckland Saddle Fit, its employees, officers, agents, any Receivers and any Attorney appointed pursuant to 'default' clause (“Indemnified Parties”) against all losses, liabilities, damages, claims, actions costs or expenses (including legal and solicitor/client costs and expenses) which the Indemnified Parties' (or any one of them) may incur, of which have been made against any of the Indemnified Party as a result of or in relation to: (a) any act, omission, default by the Customer or any subsequent purchaser of the Goods; (b) any breach of the Customer’s obligations under these Terms; (c) anything done or omitted to be done, or purported to be done or omitted by Auckland Saddle Fit and/or a Receiver and/or an Attorney in the exercise or purported exercise of its rights under these Terms or conferred by law (and whether or not arising by reason of mistake, oversight, negligence or error of judgment); (d) any liability, loss or expense arising out of Auckland Saddle Fit’ security interest in any of the Secured Property, or any act or omission of the Customer in respect of any circumstance which breaches or might breach any environmental law.

Privacy – Auckland Saddle Fit may at any time collect, hold and use information relating to a customers fitting report for any purpose connected with its business including (but not limited to) direct marketing, debt recovery, credit reporting or assessment, and to register any security interest, including collecting information from, and disclosing information to, Related Companies, external credit reporting agencies, debt collection agencies, trade referees and other third parties. Information disclosed by Auckland Saddle Fit to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services. Under the Privacy Act 1993, individuals have rights to access to, and request correction of, their personal information by contacting Auckland Saddle Fit


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