Like all companies we have to impose some but they are straight forward and not confusing.
- If you receive a product and are unhappy with the product or your choice, let us know- we are not unreasonable. However, we cannot take responsibility for items that get damaged due to inappropriate usage or age. Carolina Trading wishes to be part of your success so we will be as accommodating as possible. We want you to be satisfied so you will spend lots more with us!
- We sell amazing lighting products and they come with bulbs. We reasonably realise that the bulbs run out over time. We shall be happy to replace a bulb if they are faulty or run out within 2-3 weeks of being used. Unfortunately, after 3 weeks we shall be unable to do so.
- While we encourage new wholesale customers, new customers must work on a pro forma basis (payment first) and then on a second order placed we will happy to open a monthly trading account if customers are able to provide two trade references from other wholesalers in the same industry.
- All wholesale accounts are due on the 20th following month. By opening a wholesale account with us you consent to being liable for any debt collection costs incurred in recovering the debt. This is currently a flat fee of $50 plus 20% of the debt owed, as charged by our (and most) debt collection agencies.
- A late payment interest rate of 3% flat per month, can and will be added to all overdue accounts shall we deem necessary to implement.
- Our minimum order quantity per order is $172 excluding GST and Freight.
We prefer payment by Direct Credit. However we also accept payments through Credit Cards. For credit card payments, simply call us and provide your details, or email them to us. For our wholesale customers payments are due 20th following month and this is strictly enforced.
Delivery / Freight
Daily courier services enables us to dispatch our products quickly, and at favourable rates to our clients. Freight is charged at cost and is calculated after the order has been packed, based on weight and destination. Upon request, we can try to estimate what the freight can be at the time of ordering, but please be aware that we only know the exact freight cost after the order has been packed and weighed. Freight for our wholesale clients is at the clients cost and is added to the invoice.
Terms and Conditions
1.1 “Carolina” shall mean Carolina Trading NZ Ltd., or any agents or employees thereof.
1.2 “Customer” shall mean the client, any person acting on behalf of and with the authority of the customer, or any person purchasing goods from Carolina.
1.3 “Goods shall mean all goods, services and advice provided by Carolina to the customer including without limitation the importing and wholesale supply and export of a range of goods and all associated services and all charges, hire charges, insurance charges, transport, charges of any fee or charge associated with the supply of goods by Carolina to the customer.
1.4 “Price” shall mean the cost of the goods as agreed between Carolina and the customer subject to Clause 4 of this contract.
2.1 Any instruction received by Carolina from the customer for the supply of goods shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION & USE OF INFORMATION
3.1 The customer authorizes Carolina to collect, retain and use any information about the customer, or for the purpose of assisting the customer’s credit worthiness, enforcing any rights under this contract or marketing any goods provided by Carolina to any other party.
3.2 The customer authorizes Carolina to disclose any information obtained to any person for the purposes set out in Clause 3.1.
3.3 Where the customer is a natural person the authorities under Clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the goods shall be deemed to be sold at the current amount as such goods are sold by Carolina at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the contract of Carolina between the date of the contract and delivery of the goods.
4.3 The price is exclusive of GST and freight, all of which will be an additional charge to the customer.
5.1 Payment for goods shall be made in full on or before the 20th day of the month following the date of the invoice (“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Carolina in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6.1 Where a quotation is given by Carolina for goods:
6.1.1 The quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
6.2 Where goods are required in addition to the quotation the customer agrees to pay for the additional cost of such goods.
7.1 The goods remain at Carolina’s risk until delivery to the Customer.
7.2 Delivery of Goods shall be deemed complete when Carolina gives possession of the Goods directly to the Customer or possession of the Goods is given to a carrier, courier or other ballet for purposes of transmission to the Customer.
7.3 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to making time of the essence.
8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
8.1 Title in any Goods supplied by Carolina passes to the Customer only when the Customer has made payment in full for all Goods provided by Carolina and of all other sums due to Carolina by the Customer on any account whatsoever. Until all sums due to Carolina by the Customer have been paid in full, Carolina has a security interest in all Goods.
8.2 If the Goods are attached, fixed or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with Carolina until the Customer has made payment for all Goods, and where those Goods are mixed with other property so as to be part of or a consultant of any new Goods, title to these new Goods shall be deemed to
be assigned to Carolina as security for the full satisfaction by the Customer of the full amount owing between Carolina and the Customer.
8.3 The Customer gives irrevocable authority to Carolina to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after default by the Customer or before default if Carolina believes a default is likely and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated. Carolina shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Carolina may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoice value thereof less such sum as Carolina reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Goods are retained by Carolina pursuant to Clause 8.3 the Customer waives the right to receive notice under 120 of the Personal Property Securities Act 1999 (PPSA) and to object under 121 of the PPSA..
8.5 The following shall constitute defaults by the Customer:
8.5.1 Non-payment of any sum by the due date.
8.5.2 The Customer indicates that it will not pay any sum by the due date.
8.5.3 Any Goods are seized by any other creditor of the Customer or any other creditor indicates that it intends to seize Goods.
8.5.4 Any Goods in the possession of the Customer are materially damaged while any sum due from the Customer to Carolina remains unpaid.
8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distains against any of the Customer’s assets.
8.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Customer.
8.6 If the Credit Repossession Act applies to any transaction between the Customer and Carolina, the Customer has the rights provided in that Act despite anything contained in these terms and conditions of trade.
9 . PAYMENT ALLOCATION
9.1 Carolina may in its discretion allocate any payment received from the Customer towards any invoice that Carolina determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by, payment shall be deemed to be allocated in such manner as preserves the maximum value of Carolina’s purchase money security interest in the Goods.
10. DISPUTES AND RETURN OF GOODS
10.1 No claim relating the Goods will be considered unless made within seven (7) days of delivery of the Goods.
10.2 Any Goods, accepted for return, must be returned in the same condition they were purchased within seven (7) days of purchase. Return freight cost is the customer’s responsibility. No Goods will be accepted for return without prior approval of Carolina.
10.3 Goods will only be credited when Carolina sales agent have confirmed that they have been returned.
11.1 The Consumer Guarantees Act 1993, The Commerce Act 1988, The Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Carolina which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Carolina, Carolina’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant status.
11.2 Except as otherwise provided by Clause 11.1 Carolina shall not be liable for:
11.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the customer or another person and whether in contract, or otherwise and whether such loss or damage arises directly or indirectly from goods provided by Carolina to the customer; and
11.2.2 The Customer shall indemnify Carolina against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Carolina or otherwise brought by any person in connection with any matter, act, omission, or error by Carolina its agents or employees in connection with the goods.
11.2.3 Carolina will not be liable in any way for any direct or consequential loss arising from late delivery or failure to provide goods promptly.
12. CONSUMER GUARANTEES ACT
12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the costumer acquires goods from Carolina for the purposes of a business in terms of Section 2 and 43 of that Act.
13. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
13.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Carolina agreeing to supply goods and grant credit to the customer, also sign this contract in their personal capacity and jointly and severally personally guarantee and undertake to Carolina the payment of any and all other monies now or hereafter owed by the customer to Carolina. Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and customer shall be jointly and severally liable under the terms and conditions of this contract.
14.1 Carolina shall without any liability and without any prejudice to any other right it has in law or equity have the right by notice to suspend or cancel in whole or in part any contract for the supply of Goods to the Customer if the Customer fails to pay any money owing after the due date or the Customer commits an act of bankruptcy as defined in Section 19 of the Insolvency Act 1967.
14.2 Any cancellation or suspension of this agreement shall not affect a claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to under this contract.
15.1 Carolina shall not be liable for delay or failure to perform its obligation if the cause of the delay or failure is beyond its control.
15.2 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provision shall not be affected, prejudiced or impaired.
15.3 The sale of the Goods to the Customer is on a non-exclusive basis and Carolina has the right to sell the Goods to other parties at such prices in terms of sale without limitation on each occasion.
16. OVERDUE ACCOUNTS
16.1 Penalty interest of 2.5% per month will be charged each month on overdue bills.
16.2 Any debt collection charges are to be recouped from Customer at Customer’s expense.