Updated: 05/07/2024

Welcome to Waterford Painting & Trade supplies.

These Terms and Conditions govern your use of our website located at https://waterfords.co.nz and any related services provided by Waterford Paint Accessories Ltd, trading as Waterford Painting & Trade Supplies.

By accessing https://waterfords.co.nz, you agree to abide by these Terms and Conditions and any amendments in effect at the time of your visit. This agreement is legally binding between you, the person visiting this website, and Waterford Paint Accessories Ltd, the owner of this website. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

DEFINITIONS AND INTERPRETATION

Definitions

In these terms and conditions, unless the context otherwise requires:

(a)   “Buyer” means the Person or Organisation named in the relevant Sales Invoice, Instrument of Agreement or Quotation.

(b)   “Business Day” means a day other than a weekend or public holiday in the place which the goods are delivered.

(c)   “Consumer” has the meaning given in the Consumer Guarantees Act.

(d)   “Consumer Guarantees Act” means the Consumer Guarantees Act 1993 (NZ).

(e)   “Consumer Law” means the Sale of Goods Act 1908, the Consumer Guarantees Act, and the Fair Trading Act 1986, and any other relevant legislation relating to consumers.

(f)    “Excluded Loss” means:

(i)   in the case of loss or damage resulting from a breach of contract (including any contractual duty of care) loss of revenue; loss of profit; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation; loss arising from late delivery or failure to deliver goods; loss arising from any business interruption; increased overhead costs and any indirect, remote or unforeseeable loss occasioned by that breach, whether or not in the reasonable contemplation of the Buyer and the Seller at the time of the Quotation, Instrument of Agreement, Sales Invoice or any delivery of goods as being a probable result of the relevant breach; and

(ii)  in the case of loss or damage arising from any tort (including negligence) which does not also constitute a breach of contract-indirect, remote or unforeseeable loss and, in the case of pure economic loss, loss not flowing directly from the commission of the tort.

(g)   “Exclusive Goods” means any goods which are, at the Buyer’s request, embellished, embroidered, printed, machined, cut-to-size or specifically ordered for the Buyer.

(h)   “GST” means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.

(i)    “GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.

(j)    “GST Law” means the Goods and Services Tax Act 1985, or, if that Act does not exist for any reason, means any Act imposing correlating to the imposition or administration of a goods and services tax in New Zealand and any regulation made under that Act.

(k)   “Instrument of Agreement” means any instrument of agreement in which these terms and conditions are or are deemed to be incorporated.

(l)    “Payment” means any amount payable under or in connection with a Quotation,

Instrument of Agreement or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.

(m)  “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.

(n)   “PPSA” means Personal Property Securities Act 1999 (NZ).

(o)   “Purchase Price” means the price for the goods set out in the relevant Quotation, Instrument of Agreement or Sales Invoice.

(p)   “Quotation” means the form of quotation (together with any supporting documentation, including range plans or other proposals) submitted by a Seller to the Buyer in which these terms and conditions are deemed to be incorporated.

(q)   “Sales Invoice” means the sales invoice issued by a Seller to the Buyer in which these terms and conditions are or are deemed to be incorporated.

(r)    “Seller” in relation to any Quotation, Instrument of Agreement or Sales Invoice means

Wesfarmers Industrial& Safety NZ Limited (trading as NZ Safety Blackwoods) or any of its Agents referred to in the Quotation, Instrument of Agreement or Sales Invoice to which the terms and conditions are incorporated

(s)   “Tax Invoice” has the meaning given to that term by the GST Law.

(t)    “Taxable Supply” has the meaning given to that term by the GST Law.

GST

The parties agree that:

(a)   The Purchase Price is inclusive of GST;

(b)   All other Payments have been calculated without regard to GST;

(c)   if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Purchase Price)for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.

(d)   Any reference to a cost or expense in these terms and conditions excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.

Intellectual property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by Waterford Paint Accessories Ltd, its licensors, or other providers of such material and are protected by copyright, international treaties, and other intellectual property laws.

Links

Waterford Paint Accessories Ltd has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Waterford Paint Accessories Ltd of the site. Use of any such linked website is at the user’s own risk.

Content

Waterford Paint Accessories Ltd may revise these Terms and Conditions at any time without notice. By using this website, you are agreeing to be bound by the then-current version of these Terms and Conditions. If you have any questions about these Terms, please contact us at sales@waterfords.co.nz

General Account Terms & Conditions

  1. By creating an account on the website via the ‘Registration’ page, you agree to be bound by the following terms and conditions (“Terms”). In these Terms, references to “we”, “us” and/or “our” are references to Waterford Paint Accessories Ltd.
  2. By providing your email address and submitting the form via the registration page, you consent to receive email communications from Waterford Paint Accessories Ltd, including any relation to any special offers, discounts, promotions, products and/or services offered.
  3. By providing your email address and submitting via the registration page, you confirm you are the authorised owner/user of the email address submitted.
  4. Waterford paint Accessories Ltd collects and holds personal information in accordance with its obligations under the Privacy Act 1993. Your personal information is collected so that we can provide you with the benefits of receiving special offers, discounts and promotions on our products and services. Failure to provide requested personal information may result in us not being able to provide such benefits to you.
  5. You agree that your personal information may be shared with our employees, contractors, agents, companies working on our behalf, selected business partners and other related companies in our group, but, except as required by law, information identifying an individual will never be passed on to a third party for their own use. Waterford Paint Accessories Ltd may disclose this information to third parties if it is required to do so by law.
  6. You can opt into or out of receiving promotional materials at any time by contacting our Team. You have the right to access and correct personal information, and can do this by calling 09 620 0165. Your information will be held by us at 80 Stoddard Rd, Mt Roskill, Auckland 1041. You can also opt out of email communications by following the unsubscribe link in the relevant email.

Trade Account Terms & Conditions 

Payment of goods and taxes is due by the 20th month following purchase.

  1. All accounts not paid by the date specified in paragraph one shall bear interest at the rate of 2% per month compounding. The purchaser shall also pay in full all costs and expenses incurred in collection of such overdue accounts.
  2. All claims and requests for credits, must be made within 7 days of invoice.
  3. Notwithstanding the provisions of paragraph 9 hereof goods are forwarded uninsured and from the time of despatch shall be at purchaser’s risk.
  4. Any return of purchases accepted by Waterford Paint Accessories Limited must be in good condition and may incur a handling charge.
  5. Goods cut to order or specials cannot be returned.
  6. Terms and conditions put forward by the customer whether in a purchase order, specification or otherwise shall not be binding on Waterford Paint Accessories Limited if they purport to amend or annul any of these conditions unless specifically agreed to in writing by Waterford Paint Accessories Limited.
  7. (a) Waterford Paint Accessories Limited shall retain title to goods supplied to the customer until it has received payment in full for them.

(b) Notwithstanding that risk in the goods supplied by Waterford Paint Accessories Limited to the customer shall pass to customer, the goods shall be held by the customer as bailee to be sold or disposed of by the customer as agent for and on behalf of Waterford Paint Accessories Limited.  If any goods belonging to Waterford Paint Accessories Limited are disposed of by the customer or any insurance claim is made in respect of them, Waterford Paint Accessories Limited shall be entitled to trace the sale or insurance proceeds, which proceeds shall be held by the customer in a separate bank account on trust for Waterford Paint Accessories Limited.  Such separate bank account shall be clearly identified as containing the proceeds of such sale or disposal or claim on behalf of Waterford Paint Accessories Limited.

(c) If payment is overdue, or the customer enters into bankruptcy, liquidation, or compostion with its creditors, has a receiver or manager appointed over all or part of its assets or becomes insolvent, Waterford Paint Accessories Limited shall be entitled to its other rights and remedies, to repossess goods belonging to it and to enter any premises, with notice, for that purpose.

(d) All goods belonging to Waterford Paint Accessories Limited shall be stored so that they are readily identifiable as such, and shall be kept in good saleable order and condition.

(e) Once the risk has passed to the customer in accordance with conditions, 8(a) or otherwise, the goods shall be and remain the customer’s risk at all times, unless and until Waterford Paint Accessories Limited has taken possession of them, and the customer shall insure the goods accordingly.

(f) The customer agrees that in the event that goods supplied by Waterford Paint Accessories may be removed in full or part by Waterford Paint Accessories Limited.

8. Waterford Paint Accessories Limited reserves the right immediately to cancel any order or suspend any delivery without incurring any liability to the customer if the customer is overdue with payment, enters into bankruptcy, liquidation, in composition with its creditors, has a receiver or manager appointed over all or any part of its asset or becomes insolvent.

  1. No contract incorporating these conditions may be varied without Waterford Paint Accessories Limited’s prior written consent and any varied contract shall incorporate these conditions.
  2. The customer shall have no right of set off in respect of any claim against Waterford Paint Accessories Limited.
  3. Acceptance of Terms and Conditions of Sale must be signed before new application is processed.