TERMS AND CONDITIONS

Introduction

HTS has worked to incorporate a web site to be utilized by commercial customers and current account customers alike for the purchase and supply of both Goods and Services related to the Hospitality Industry within New Zealand for use in commercial applications.

All the information is supplied to pay by cash, credit card or to open a monthly account.
Each method has its own instructions, please read thoroughly the terms of which method best suits your purchase.

Some services are only available to approved trade business only customers that have entered into our User Agreement that HTS Governs the use of its web site.

1 Privacy Policy

(a) The customer’s privacy is taken very seriously and HTS only use the customer’s information to process orders, send out promotional material, and to provide a more personalised shopping experience. Any information given to HTS remains confidential and will not be sold or otherwise divulged to third parties without the customers consent.

(b) With written notice the customer’s account information can be withdrawn at any stage required.

2 Made to order

some of the equipment we sell is made to order. please contact us prior to order to confirm product delivery estimates.

3 Freight and Handling

(a) Freight and handling is calculated in addition to the purchase price of the goods. This can been seen on the customer’s shopping basket and will incorporate a total for goods purchased and additional freight and handling.

(b) All goods are packed carefully to ensure the goods are sent with limited risk of transit damage. It is the customer’s responsibility to check all goods prior to signing that the goods have arrived in perfect condition. Once signed this takes the liability off the courier company for any damages incurred on the goods while in transit. For any damaged goods please list on the delivery docket prior to signing and HTS can claim on the carrier for damages incurred.

(c) Whereas the client has signed the goods are damaged HTS will undergo a full replacement for the damaged goods or if preferred credit an agreed discount with the client.

4 Returns and Credit / Refund Policy

(a) Goods within the Smallwares and Used equipment categories: If for any the customer returns goods categorised as smallwares or used equipment section of this website within 7 days of receipt of goods, which remain unused and in their original packaging, we will offer an account credit to the value of the purchase price excluding all freight and handling charges. In the event that goods in these categories are returned beyond the 7 day period HTS reserves the right to decline return or charge a restocking fee.    

(b) Goods within Bakery, Cooking equipment, Dishwashers, Display cabinets, Equipment, Refrigeration category: Please select you equipment carefully as all sales are full and final and cannot be returned or exchanged for credit.   

(c) Incorrectly supplied items: Incorrectly supplied items must be unused and in original packaging. HTS will arrange collection and full refund of any used goods which have been incorrectly supplied.  

(d) Please ensure full care is taken when selecting items

5 Delivery Policy

HTS will endeavour to fill and despatch all goods the next day after receipt of funds or the order should this be on a current account, with the exception of goods that are currently not available. Where goods are not available for immediate delivery the customer can expect to receive the goods within 7 working days. In the event the goods can not be delivered within the 7 day period HTS will contact the customer and advise a time of delivery in which the customer has the right to cancel the order or vary the order in accordance with their instructions. Any monies paid for the goods that have been cancelled due to not being delivered without notice will receive a full refund, with the exclusion of special manufactured products being delivered ex factory which carry 4-8 week lead times and imported products which carry a 12-18 week lead time. The customer will be made aware of these lead times by HTS prior to accepting the order.

6 Refund / Dispute Policy

The Consumer Guarantees Act 1993 (New Zealand) applies only to consumer purchases. As all goods and services on this website are for the purposes of a business and commercial applications, the provisions of the Consumer Guarantees Act 1993 (New Zealand) will not apply to our supply of goods or services.

Our total liability to you in relation to any faulty goods or services is limited to the price of those goods or services..

Warranties are for goods and services supplied in New Zealand and do not extend beyond those shores.

(a) If you receive consumer goods that are faulty or defective excluding damage while in transit (covered under freight and handling) HTS will honour their commitment in either replacement or repair.

(b) All warranties are manufacturers express 12 month warranty unless specified (excluding spare parts as they do not come with a warranty) for manufacturing faults and you will indemnify us against any failure by you or your customers to properly contract out of liability to business end consumers under the Consumer Guarantees Act 1993 (New Zealand).

(c) HTS totals liability to the customer in relation to any faulty goods or services is limited to the price paid for those goods or services. HTS will not, in any case, be liable for any consequential or special damages, including loss of business profits.

7 Risk and Ownership of the Goods

Risk in the goods will pass to the customer, upon delivery to the address specified by the customer on the date of the order confirmation. Pending cleared payment for the goods supplied in full or in respect of other monies owed by the customer to HTS, the goods will remain the sole and absolute property of HTS as legal and equitable owner.

8 Prices, Availability and Specifications of Goods and Services

All prices quoted are exclusive of GST, Freight and Handling unless otherwise stipulated. HTS reserves the right to update prices and specifications at any time without prior notice. HTS makes every effort to ensure that prices and specifications as well as lead times are as accurate as practical. This is however subject to change at any point and HTS takes no responsibility for price, availability or change to product specifications.

9 Custom Manufactured Products

For products outside the normal stock line of products that are custom manufactured, HTS require written confirmation of the order and the customer to pay a 50% non refundable deposit. The balance is payable to HTS within 10 days of receiving the goods. Failure to pay for the goods in full will incur penalty interest of 2.5% per month which is accumulative until paid for in full.

10 Pre Owned Equipment

(a) HTS is committed to selling quality pre-owned Catering Equipment as a less expensive alternative than purchasing new equipment.

(b) All used equipment sold is fully serviced, certified and is fully operational prior to leaving our Warehouse unless otherwise advised.

(c) Unless specified all used equipment carries a full 3-month parts only warranty and 7-day money back guarantee less freight charges and associated costs.

(d) Under new legislation any Company or persons selling more than six used items over the course of a year can be prosecuted and fined to a maximum of $20,000-00 if they are an unlicensed ‘Second-Hand Dealer’.

(e) HTS is licensed as a second hand dealer under Section 5 of the Second Hand Dealers Act 1963.

(f) This gives you, the customer full protection and peace of mind, that any equipment has not been stolen or has any financial restraints, and that this equipment is fully guaranteed and backed by HTS.

(g) Before purchasing any used equipment please ensure the seller is a registered second-hand dealer.

(h) Caveat Emptor – let the buyer beware.

(i) Used equipment is on a first come first serve basis and we require a 20% deposit to hold equipment.

11 Disclaimer

(a) We will make our best endeavours to ensure that information provided though the HTS web site and other communication is accurate and current, however HTS accepts no responsibility for any incorrect information and reserves the right to change specifications, delivery advise and prices etc. at any time without notice.

(b) Pictures featured may not be the exact picture shown as these may have been taken off manufacturer’s brochures with their permission.

(c) Variations may occur including and not withstanding colour, size, seasonal change or dimensions.

(d) HTS does not accept responsibility for any loss, damage or costs, however caused (including through negligence), damage (including special, indirect or consequential loss or damage), whether in an action in contract, negligence or any other means, which the customer may suffer directly or indirectly in connection with the use of the HTS web site. This also includes any link the HTS web site has to any other web site that the client may access.

(e) HTS does not accept any liability or responsibility for any losses that may be sustained as a result of using the HTS web site.

Opening a trading account

1. I hereby authorise the obtaining of information to assist in the granting of this application form all references given also from any agent or credit reporting agency pursuant to the privacy act 2020 and do also authorise the use of this information in the recovery of monies owing on any default on this account. This information may be used by the companies agents, debt recovery companies and/or solicitors in recovering the debt.

• Accounts are to be paid in full prior to the 20th of the month following delivery. Hardy Trade Supply Company Ltd. reserves the right to charge interest at the rate of 2.5% per month for all late payments.

• Ownership of all goods is retained by Hardy Trade Supply Company Ltd. until payment in full is made for the goods and services and for all other goods and services supplied by Hardy Trade Supply Company Ltd. to the customer prior to payment, therefore if they shall become constituents of other goods, then the proceeds of the sale thereof shall be the property of Hardy Trade Supply Company Ltd.

• For consumable goods and services and other items concerned: if payment is not received by Hardy Trade Supply Company Ltd. the company has the right to uplift goods to the resale value of the outstanding debt.

• All accounts will be registered with the Personal Property Security Act.

• Risk in terms of fire, theft or accident damage shall pass to the purchaser as soon as the goods have been delivered. The goods shall be covered by the purchasers insurance at all times.

• In the event that the account is in default. The purchaser agrees to pay all costs/legal/court/commissions and repossession fees as required to recover the debt.

(Unpaid accounts will incur late payment fees and collection costs.)

• In the event that the legal entity or trading name/company or business is placed into receivership, liquidation, bankrupted or in any way unable to pay the account, the directors, partnership or proprietor accept liability of the debt and all costs and commissions as per clause 6 incurred in the recovery of the debt, by way of a personal guarantee and shall pay the account plus all costs incurred to Hardy Trade Supply Company Ltd.

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I agree to the terms of trade stated above and offer personal guarantee on the account.

Use of website:

You may not do any of the following on or in relation to the HTS site:

1. publish or distribute material that is defamatory, unlawful, objectionable, obscene or in breach of confidence or privacy;
2. harass, threaten, stalk or abuse others or otherwise violate their legal rights or behave in a manner that causes annoyance or inconvenience;
3. send or receive material protected by intellectual property laws or any other laws unless the you own those rights or have received all necessary consents;
4. send material containing viruses or any corrupted data
5. use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this website, the delivery of the goods and services, or any network or system underlying or connected to them;
6. use this website or any information or other material from this website for any commercial purpose;
7. remove any copyright, trade mark or any other intellectual property notice from any material accessible on this website; or
8. copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this website (except as expressly permitted in these Terms and Conditions).