FRANKLIN GROUP

TERMS AND CONDITIONS OF SALE

1.       ACCEPTANCE

1.1              The Supplier is the FRANKLIN Group of Companies including but not limited to: Franklin Plumbers and Builders Supplies Ltd, Franklins West Auckland Ltd, Franklin Bay of Plenty Ltd, Franklin Nelson Ltd, Franklin Wellington Ltd and Franklin Panmure Ltd.  The Supplier will contract on these terms only. Receipt of an order from the Buyer will be deemed to be acceptance by the Buyer of these terms and conditions, and anything to the contrary in the Buyer's enquiries, orders or confirmations will not apply.

2.       PRICES

2.1     The prices quoted by the Supplier and relating to this contract are based on the costs and rates of materials, transport, labour, customs duty, insurance and other charges at the date of the quotation. The Supplier reserves the right to increase or decrease prices according to an increase or decrease in any of the above items or any other factors (including without limitation any change in exchange rates) affecting the cost of production and/or delivery due to circumstances beyond the control of the Supplier between the date of the quote and the date of delivery.

2.2     Unless otherwise stated, all prices exclude GST. GST (if any) is for the Buyer's account

3.       TERMS

3.1     The terms of payment are cash on the 20th day of the month next following that in which the goods covered by an order are dispatched by the Supplier to the Buyer unless otherwise arranged in writing. If the Buyer fails to meet such payment terms interest may be charged by the Supplier at a rate equal to 5 percent per annum over the Supplier's principal banker's overdraft rate from time to time on any sum not paid from the date on which payment should have been made pursuant hereto to the date on which payment is received by the Supplier but without prejudice to the Supplier's other rights in respect of default arising from non-payment or late payment.

3.2     The Supplier may at its absolute discretion at any time require that the Buyer provides security for the delivery of goods supplied or to be supplied by the Supplier.

3.3     The Buyer will make all payments due to the Supplier, whether in respect of the purchase price or otherwise, in full without deductions of any nature whether by way of set-off, counterclaim or other equitable or lawful claim or otherwise.

4.        RISK

4.1     The risk of any loss or damage to the goods or products due to any cause whatsoever shall be borne by the Buyer from the time when the goods are delivered as defined

in clause 5 hereof provided that if the goods remain on the Supplier's premises or with a carrier due to the failure of the Buyer to accept the goods or at the request of the Buyer, all such risks shall be borne by the Buyer from the date of the Buyer's failure or request as the case may be.

5.       DELIVERY AND ACCEPTANCE

5.1     Delivery shall be made at the place indicated on the invoice. The Buyer shall accept the goods on delivery and if the Buyer fails to accept the goods or requests a delay in delivery the Buyer shall pay reasonable storage charges until such time as delivery is made pursuant to which the Buyer accepts the goods. If the Buyer refuses to accept delivery the price for the goods is payable when the Supplier advises the Buyer that it is able to effect delivery. The Supplier shall not be liable for failure to deliver or for delay in delivery occasioned by strike, lock-out, difficulty in procuring suitable materials, goods or substances required in the manufacture of the goods, shortage of stocks, shortage of labour, delays in transit, lawful governmental prohibitions or restrictions or any other cause whatsoever. The Supplier reserves the right to deliver the goods by installments and each installment shall be deemed to be a separate contract subject to the same conditions as the main contract.

5.2     Any time or date for delivery given by the Supplier is intended only as an estimate. The Supplier is not responsible for the consequences of delay or non-delivery however arising.

5.3     If the Buyer specifically requests the Supplier to buy in or order goods not regularly or usually stocked by the Supplier and those goods are not purchased by the Buyer or the Buyer does not accept delivery of those goods for any reason whatsoever, then the Buyer indemnifies the Supplier for any surcharge, delivery or other costs whatever incurred by the Supplier by reason of that failure to purchase or accept.

6.       RETENTION OF TITLE

6.1     Property (both legal and equitable) in all goods delivered by the Supplier to the Buyer does not pass (and the Buyer is a bailee only in respect of those goods) until payment in full is made for all goods supplied by the Supplier to the Buyer. Until property has passed, the Buyer will store all goods in such a way that they are clearly identifiable as the property of the Supplier.

6.2     Until the Buyer has paid the Supplier in full for all goods supplied, the Buyer may not sell, dispose of or charge the goods and must hold or deal with the goods for and on behalf of the Supplier. However, if the goods are sold prior to property passing to the Buyer, the proceeds of that sale must be held by the Buyer on trust for and on behalf of the Supplier in a separate account.

6.3     This reservation of title and ownership is effective whether or not the goods have been altered from their supplied form, or mixed with other goods. Where such goods are mixed with other goods and are severable but not identifiable, or incorporated with other goods into another product so that they are not severable or in any situation where a similar dealing with the goods has resulted in their removal being impossible or impracticable, the Supplier is a co-owner of the mixed goods or products in proportion to the contribution made by the goods or products.

6.4     Prior to the Buyer acquiring full property in the goods the Supplier or the Supplier's agents may at any time enter upon any land, premises or property where it believes such goods may be to view and inspect them, and if the Buyer has not paid for them in full retake possession of the goods. The Buyer will indemnify the Supplier on demand in respect of any costs or liabilities incurred by the Supplier in exercising its rights under this clause.

6.5     The Buyer acknowledges that clause 6 creates a security interest ("Security Interest") (as that term is defined in the Personal Property Securities Act 1999 ("PPSA")) in the goods. The Buyer will at the Supplier's request promptly execute any documents, provide all necessary information and do anything else required by the company to ensure that the Security Interest constitutes a Perfected Security Interest (as that term is defined in the PPSA) including executing any variations to this agreement reasonably requested by the Supplier. The Buyer waives its right under the PPSA to receive a copy of any Verification Statement (as that term is defined in the PPSA).

7.       LIMITATION OF LIABILITY

7.1     Subject to Clause 8.1 below the goods are offered to all conditions and warranties implied by law being expressly excluded. In the case where the manufacturer or supplier of the goods provides any warranty, then the Supplier (to the extent that it is able to do so) shall make such warranty available to the Buyer.

7.2     a. Subject to sub-paragraphs b. and c. below, the Supplier is not liable to the Buyer, whether in contract, tort (including negligence), strict liability or by virtue of the breach of any statutory duty or otherwise or for any consequential loss however caused or arising directly or indirectly from any breach of any of the Supplier's obligations arising under or in connection with this contract or from any cancellation of the contract or from any negligence on the part of the Supplier, its servants, agents or contractors.

b. The Supplier's liability for defective goods and loss caused by defective goods is limited to, at the option of the Supplier, either a refund of the purchase price, or a resupply of the goods.

c. The Supplier's liability for shortages in quantity and loss consequential to shortages in quantity is limited to making up shortages.

d. No claim for shortages in quantity or in respect of defective goods will be allowed unless:
(i) the claim is notified to the Supplier within 7 days of receipt of the goods by the Buyer, and (ii) the Supplier is given a reasonable opportunity to investigate the claim.

8.       CONSUMER LEGISLATION

8.1     Where the provisions of the Consumer Guarantees Act 1993 apply, those terms will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply. Where the Buyer is a business (as "business" is defined by the Consumer Guarantees Act 1993), it agrees that it is acquiring all goods from the Supplier for the purpose of a business and that the Consumer Guarantees Act 1993 does not apply.

9.       PRIVACY

9.1     The Supplier is authorised to obtain credit information about the Buyer from credit referees and any credit reference agencies it considers appropriate and is also authorised to disclose credit information to credit reference agencies or other persons seeking credit references. The credit information is collected to assist the Supplier to ascertain the Buyer's credit status. Failure to provide the requested information may result in credit being refused. Under the Privacy Act 1993 individuals have the right of access to and correction of personal information. All information will be held by the Supplier at its head office where it can be inspected and corrected by the Buyer.

10.     GENERAL

10.1 These standard terms and conditions are the full agreement between the Supplier and the Buyer.

10.2 The Supplier may, and the Buyer may not, vary these standard terms and conditions. To be effective, a variation must be in writing.

10.3 To be effective, any waiver of any or all of these terms and conditions by the Supplier must be in writing.

10.4 The Buyer may not assign all or any of their rights or obligations under the contract without the prior written consent of the Supplier.

10.5 The Supplier is not bound by any error or omission on any invoice, order form or other document or statement issued by the Supplier.

11.     ACKNOWLEDGMENT

11.1 By signing and returning this form, the Buyer agrees that:

a.      the Buyer has read and understood these standard terms and conditions, and

b.     all orders are placed on these standard terms and conditions.

I have read and agree to these standard terms and conditions.

 

PRIVACY POLICY

This website is owned and operated by Franklin Plumbers and Builders Supplies Ltd (“Franklins”). Please read the terms of use before using this website. Use of this website is acknowledgement that you have read and agreed with our terms.

Personal Information

Your personal information is protected under the Privacy Act 1993, and Franklins will use our best endeavours to comply with the minimum standards set by the Act.

Specific principles covered by Franklins’ privacy policy include:

Use and Disclosure: Your personal information will only be used for the purpose for which it was disclosed to Franklins. We may hire a third party to help us process information for specific projects and any such use will be protected by strict confidentiality agreements. Otherwise, we will not sell or disclose your information to any third party without first obtaining your consent, unless we are legally required to do so.

Access and Accuracy: You have the right to request access your personal information and any such access will not be unreasonably withheld. We will take all reasonable steps to ensure that your personal information is as accurate as possible. You have the right to contact us to request correction or amendment of your information if this is inaccurate or complete.

Collection of Information: When you browse or download information on this site our system may log these movements. At no time do these logs contain personally identifiable information and no attempt will be made to link these logs with website users.

Storage and Security: Franklins uses procedures and encryption technology to protect personal information held on this website. If you have registered login access to secure areas of this website your account information is password protected.

Retention: Franklins will delete any personal information no longer required.

If you have questions, comments or wish to request access to your personal information, please contact us at:

The Privacy Officer

Franklin Plumbers & Builders Supplies Ltd

24 Stadium Drive

Pukekohe 2120

New Zealand

Email: info@franklins.co.nz