Terms and Conditions of Supply of Goods and Services

Goods and services supplied by K.H. McConnel Ltd. (The Company) are supplied to the Customer on the following terms and conditions.

These Terms of Agreement for the supply of goods and services shall prevail and take precedence over the Customer’s standard or special terms for the supply of goods and services from K.H. McConnel Ltd., including any terms that may be printed on any purchase order or other writing that may be issued by the customer for the arrangement of supply. In the case of any conflict these Terms of Agreement shall prevail.

Where K.H. McConnel Ltd. fails to enforce any terms and conditions of this Agreement or fails in any way to exercise its rights under this agreement, The Company will not be deemed to have waived those rights.

Orders and Price:

Orders can be placed by phone, email and through the Company website. On acceptance by the Company, all methods of ordering constitute a contract for the Company to supply and the Customer to pay for the supply. The Company reserves the right to accept or decline orders at its discretion

Customer order pricing will be at the list price in effect at the date of ordering and are exclusive of any GST.   with the proviso that the Company reserves right to change list prices without notice.

Customer changes to an existing purchase order can be made by email or by phone if the action required is urgent.

Delivery:

The Customer will pay freight and delivery charges for delivery to their premises or the premises of its agent. Freight estimates are exclusive if any GST and the Customer remains liable for the actual full freight cost if the estimate is exceeded.

The Company will make every effort to ensure delivery of goods and services are on time but will not be liable for any loss or damages arising in any way from delays in delivery.

Goods may be delivered in instalments at the Company’s discretion and in such case each delivery will be regarded as a separate contract, and goods delivered must be paid for according to the terms for payment. 

Failure or delay by the Company in making delivery of one or more instalments shall not entitle the Customer to cancel or repudiate the contract.

Goods ordered through our website, will be delivered to the customers registered delivery address only. No drop shipping will be accepted.

Returns:

Returns will only be accepted from customers supplied directly by McConnel.

A user Request for Quote sent to a Service Agent from the Company’s website, is a third-party referral and the Company will not be responsible for any consequent supply of goods or services to the user by that third party.

Despite the best intentions of the Company and our customers, mistakes can be made. If the mistake lies with the Company, through supply of the wrong item or faulty product:

1. The customer must apply for a return by phone or email. We will then send a return shipping label, as well as instructions on how and where to send your return package. Items returned without first requesting a return, may be difficult or impossible for us to process.
2. The Company’s liability is limited to either replacing or repairing the goods returned.

If the mistake lies with the customer:

1. The customer has 14 days to apply for a return, after which time the Company will not be obliged to accept the return application.
   • Items made specifically for a customer order are not returnable.
2. The customer has an additional 7 days to ship the return to the Company at the Customers cost. After this time the Company will not be obliged to process the return.
3. On receipt and inspection of your return, the Company will determine the refundable amount and notify you of this. To qualify for a full refund, the goods must be received in as new saleable condition.

Timely Customer action is important when unexpected issues arise. Please inspect your order upon delivery. If the item is defective, damaged or the wrong one, please contact us immediately by email at sales@mcconnel.co.nz or phone +64 7849 2122, so the issue can be resolved as soon as possible.

Payment:

Unless the Company has agreed to extend credit to the Customer, payment is to be made in full on delivery.

The company may provide and withdraw credit facilities to the customer at its option. Payment of credit accounts is to be made on or before the 20^th of the month following the supply of goods or services, without exception unless the company chooses to vary such terms and conditions with any customer prior to delivery of the goods or services.

If payment is not made in full by the due date, the Company is entitled to:

1. Charge the Customer interest on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by the Company’s bank, calculated from the due date to the actual date of payment.
2. Suspend further delivery of goods until the overdue amount is paid in full.
3. Initiate the recovery of the overdue amount through its agents and charge the customer for any expenses incurred in recovering the overdue amount.
4. Remove your listing as a service agent from the Company’s website.

Risk and Ownership:

The risk in the goods shall pass to the Customer upon delivery but ownership and title of the goods shall remain with the Company until the Customer has paid in full without setoff.

Signing Authority:

Any person agreeing to these Terms on behalf of the Customer, confirms that they are authorised by the Customer to agree to these Terms that will bind the Customer (including where the Customer is a company, partnership, joint venture or a trust).

Governing Law:

These Terms and Conditions of Supply of Goods and Services are governed by the laws of New Zealand. The Company and the Customer agree to submit to the non-exclusive jurisdiction of the New Zealand Courts.