Terms & Conditions

1. Definitions

In these conditions unless the context otherwise requires:

a. Company means Vendella International.

b. Buyer/Customer means the person, or company buying the goods from the Company.

c. Website refers to www.vendella.co.nz

d. Products and/or services mean the products and/or services being purchased by the Buyer from the Company.

e. Contract means the contract between the Company and the Buyer for the purchase of the goods.

f. Date of the contract means where the contract arises from a quotation given by the Company, i) the date of acceptance of the order by the Company; or ii) Where the contract arises from a quotation given by the Company, the date upon written notification of acceptance of the quotation is received by the Company.

g. Contract price means the price of goods as agreed between the Buyer and the Company.

h. Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.

i. PPSA means the Personal Property Securities Act 1999.

2. Quotation

The Buyer may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied. If the Quotation is acceptable to the Buyer, the Buyer must place the order within the acceptable timeframe of 30 Days (from date of quotation) to receive the prices quoted. By accepting any quotation in any way or form, the buyer agrees to the full Terms & Conditions.

3. Acceptance

If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

4. Terms and Conditions

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions. From time to time the Company may changes these Terms and Conditions because of changes in the relevant and applicable legal or regulatory requirements, changes in the business or business practices, or in the attempts to better serve the Customers. Please check the website periodically for updates. Updates shall be effective the date the change is posted on the website. By continuing to use the Company’s service the Buyer agrees to the terms of the updated policy.

5. The Buyers Account

If the Buyer uses the website, he is responsible for maintaining the confidentially of its account and password and for restricting access to its computer. The Buyer agrees to accept responsibility for all activities that occur under its account or password.

6. Terms of Sale

a. Eligibility

To be an eligible customer the Buyer needs to be a Trade or Business Customer providing accommodation such as Hotel, Motel, B&B, Hospital or Airbnb. If the Buyer does not provide sufficient proof during the registration process, the Company may contact the Buyer via e-mail or phone to receive further information.

b. Appearance

Products displayed on the website are available only while they are in stock. The Company has made every effort to reproduce colours on this website, however, due to differences in monitors, the Company is unable to guarantee that the colour seen on the Buyers monitor will reflect the true colour of the item.

c. Order Acceptance

Please note that there may be certain orders that the Company is unable to accept and must cancel. The Company reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Orders being cancelled include (but are not limited to) limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our accounting department. The Company may also require additional verification or information before accepting any order. The Company will contact the Buyer if all or any portion of the order is cancelled or if additional information is required to accept the order. If the order is cancelled after payment received, the Company will issue a credit by the charged payment method for the amount of charge.

d. Back Orders

If the ordered items are not in stock, the Company will order it for the Customer. This means that there might be a slight delay in getting the order sent to the Buyer. The Buyer will be contacted should this apply.

e. 30 Day Money-Back Policy

The Company offers a 30-day money-back policy if the Customer is not fully satisfied within the first 30 days. To make a claim, the Buyer must contact the Company within 30 days from the date of purchase either written or verbal and advise the Company about the issues. Any product must still be in a like-new condition and must have no damages, cracks or visible signs of wear and tear. In the unlikely event that the product is returned in a different condition, the Company reserves the right, at its sole discretion, to refuse the return or reduce the refunded amount. The Company will refund the costs shown on the purchase invoice to the original account it was invoiced under. The amount will be refunded to the Buyers account no later than 3 weeks after the Company finalised the claim.

Products excluded from this 30-day Money back policy:

– Beds, Furniture and products which have been made-to-order may only be returned if defective

– Products which are sold as damaged, defective or end-of-line where the Company disclosed these facts to the Buyer before buying the product

f. Same Day Dispatch

The Company offers same day dispatch for orders placed before 3pm on a working day either verbal, written or via the website. However, this cannot be guaranteed.

g. Free Freight

The offer of Free Freight is available for every order. However, some items as Beds and Furniture can be excluded. The Company will advise the Buyer before processing the order about additional shipping costs if applicable.

7. Product

Product may vary with the acceptable variants of the industry. In this instance, the buyer may not be made aware of this difference.

8. Price

8.1. The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or

8.2. The Price shall be the Price of the Company’s current Price at the date of invoice of any goods.

8.3. Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated, then payment shall be due on delivery of any goods.

8.4. The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.

8.5. The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.

8.6. The Company reserves the right to withdraw from a sale if a genuine pricing error occurs as a result of a typographical error, human or system error or miscommunication, typed or verbal as in accordance with the New Zealand Fair Trade Act.

9. Payment, Late Payment, Default of Payment and Consequences of Default of Payment

9.1. The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.

9.2. Subject to any provision to the contrary in the Contract, payment shall be received on or before the 20th of the month following the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.

9.3. Late payment shall incur interest at the rate of 15% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

9.4. Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

9.5. All costs incurred in the collection of the overdue accounts will be payable by the debtor if it is necessary for Vendella International to take any steps to recover an overdue account, all costs and expenses (including taxes thereon and legal fees) incurred, be it in relation to proceedings or otherwise, in enforcing its right to recovery, may be payable in addition to that overdue amount.

9.6. In the event that:

a. any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or

b. the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law

d. the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

10. PPSA

10.1. The Contract constitutes a security interest in the goods supplied by the Company to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.

10.2. The Buyer agrees to promptly execute and deliver to the Company all assignments, transfers and other agreements and documents and do anything else which the Company may deem appropriate to perfect the Company’s security interest over the Buyer, or obtain the priority required by the Company or register (and renew registration) a financing statement for a security interest in favour of the Company.

10.3. To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

10.4. To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company.

10.5. The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.

11. Governing laws

These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.

12. Reservation of Title

Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.

13. Warranty

The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within thirty (30) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.

14. Liability

The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.

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