RV Supplies: Trade (non-account) Sales Terms & Conditions
This document sets out the terms and conditions that apply to any trade (non account) sale (“purchase”) of goods or Services at RV Supplies, either online, in-store or over the phone (“Terms”).
1. Definitions
1.1. In these terms and conditions, references to “us” or “our” are references to RV Supplies; and references to “you” or “your” are references to the purchaser of products from RV Supplies.
1.2. The following terms shall have the following defined meanings:
“Delivery Policy” means RV Supplies delivery policy in the form displayed on our website from time to time.
“Force Majeure Event” means any event or circumstance (whether arising from natural causes, human agency or otherwise) that is beyond our reasonable control, including (without limitation) pandemic, strikes, lockouts or other labour disputes, riot, civil commotion, fire, flood, drought, loss or delay at sea, civil breakdown or war (whether declared or not).
“GST” means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
“Returns Policy” means RV Supplies returns policy in the form displayed on our website from time to time.
“RV Supplies” means RV Supplies Limited, trading as RV Supplies.
The term “products” and “goods” are used interchangeably and means any goods provided or supplied by us to you.
“Services” means all services, recommendations and advice provided from time to time by us to you and will include without limitation, all installation and electrical services.
2. Acceptance of these Terms and Conditions
2.1. By making a purchase of goods or otherwise instructing us to provide services, you acknowledge that you accept and agree to these Terms.
2.2. Your instructions to provide goods or Services cannot be cancelled or varied without our consent. You will pay the cost of any variations or cancellations.
2.3. In the event that a conflict arises between these Terms, or any Delivery or Returns policy, these Terms will prevail. Any other trade arrangement, or course of dealing between you and us that is at variance with these Terms will have no effect except where expressly stated by us in writing.
3. Product Information
3.1. RV Supplies will use all reasonable endeavours to ensure any product advertised by us online or in other publications will be available for purchase. Despite our best efforts, from time to time errors or omissions may occur in relation to our product offerings.
3.2. We try to ensure that accurate images are used on our website at all times, however, the equipment that you use to view our website can impact on the way the products look, including their colour, size, texture and composition. Measurements provided on our website are approximate only and we would recommend viewing the products in our store to ensure that it meets your requirements.
4. Pricing Details
4.1. All prices quoted are in New Zealand dollars and are exclusive of GST and any other tax or other agreed cost, imposed in relation to the goods or Services. All such taxes, or other agreed cost, are payable by you in addition to the price of the goods or Services.
4.2. Prices listed do not include freight or other delivery charges, unless stated otherwise.
4.3. If RV Supplies discovers or is notified that incorrect pricing has been displayed online or in store then we reserve the right to not honour that price. If this occurs we will contact you and ask if you wish to continue with your order at the correct price. If we are unable to contact you, we will cancel your order.
4.4. From time to time, we may offer promotional pricing through various sales channels, including but not limited to our online store, physical retail location and show stands. Promotional prices may vary between our various sales channels. The price offered through one sales channel may not be matched or honoured through another sales channel.
4.5. Promotional pricing will be clearly displayed allowing you to make informed decisions.
4.6. We may offer rewards programmes from time to time and members may be entitled to exclusive offers and prices (at our sole discretion). Any such programme will be subject to such further terms and conditions as we determine and will be provided prior to any rewards programme being offered to you.
4.7. Rewards customers’ exclusive discounts will not apply in conjunction with promotional pricing.
4.8. Any rewards offered under a reward programme will not be redeemable for cash.
5. Purchases
5.1. The minimum order value is $150 (excluding GST) per order.
5.2. You will receive written confirmation of any purchase you have placed with us.
5.3. Your purchase is not accepted by us until we have provided you with written confirmation.
5.4. In the event we have to backorder a product/s on your behalf, we reserve the right to charge a deposit based on the full price of the product/s that is being ordered.
5.5. RV Supplies reserves the right to reject a purchase or order and/or correct pricing, product details or availability.
6. Payment
6.1. Payment for purchases must be made in New Zealand currency only.
6.2. Purchases online must be by the specified payment method.
6.3. Purchases made in store must be by the specified payment method. RV Supplies does not provide finance or layby.
6.4. Credit notes or vouchers issued by us are not transferable for cash but may be used for purchases within 12 months of issue.
7. Delivery
7.1. RV Supplies delivers to New Zealand only, unless otherwise agreed to by us. Orders placed for overseas addresses may be rejected, or, alternatively, we may contact you to obtain an alternative New Zealand address.
7.2. If RV Supplies is unable to deliver to your New Zealand specified address we will endeavour to contact you to organise an alternative location.
7.3. RV Supplies will determine applicable delivery fees to apply and reserves the right to amend or change delivery rates at any time without notice.
7.4. You will be notified of the applicable delivery fee, for your purchase/s to be delivered to you, at the point of sale.
7.5. RV Supplies will use reasonable endeavours to arrange delivery of your purchase in accordance with the methods and timelines outlined in our Delivery Policy however, you acknowledge that any dates we provide for the delivery of goods are estimates only and that late delivery or provision of goods does not entitle you to a discount or any right to cancel to the maximum extent permitted by law.
7.6. We reserve the right to dispatch your order in one delivery or by instalments.
7.7. In the event we have to backorder a product on your behalf, we will contact you and advise an expected date of delivery.
7.8. You must report any claims of product damage or shortfall in accordance with the procedures and timeframes in our Delivery Policy. You shall give us (or our agent) reasonable opportunity to inspect the goods within a reasonable time following delivery if you believe the goods are defective in any way. If you fail to comply with this clause the goods shall be conclusively deemed to be free from any defect or damage.
7.9. For defective goods, which we have agreed in writing that you are entitled to reject, our liability shall be limited in accordance with clause 11.6 provided you have complied with the timeframe in the Delivery Policy.
7.10. Any claims for non-delivery of goods must be made in accordance with the procedures in our Delivery Policy.
7.11. Where you do not take delivery of the goods by the delivery date specified or such later date as we may agree, you shall pay reasonable storage costs (as determined by RV Supplies) until such time as you accept the goods which shall be paid in accordance with clause 6.
8. Pick Up
8.1. If you would like to pick up your purchase, please choose the ‘pickup’ option if you are ordering online. Payment must be made at the time of your order.
8.2. Pick-up may be available at our retail store during opening hours. RV Supplies will try to have your order ready for collection as soon as possible, however we ask that you allow at least 3 hours.
8.3. We will contact you via phone or email to confirm your order is available for collection.
9. Returns
9.1. Product (s) will only be accepted for return in accordance with the criteria outlined in our Returns Policy and with our prior written consent/authorisation.
9.2. We will process returns in accordance with the terms and conditions outlined in our Returns Policy.
9.3. For change of mind returns (as detailed in the Returns Policy) that we have accepted, you will be responsible for the delivery and cost of returning the product (s) to us.
9.4. For change of mind returns you may incur additional charges (as specified in our Returns Policy) and we reserve the right to amend and apply these charges at our discretion.
10. Warranties
10.1. RV Supplies will where possible take all reasonable steps to pass on the benefit of any applicable manufacturer warranty.
10.2. The warranty given in clause 10.1 does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment. Where this is the case and we have commenced the warranty process you may be liable for all expenses incurred by us up to that point.
10.3. The warranty at clause 10.1 is only available to you as the original purchaser of the product/s.
10.4. Where these terms and conditions relate to the sale or provision of Services to carry out the installation of electrical goods, RV Supplies warrants that RV Supplies will comply with the Electricity (Safety) Regulations or any other relevant legislation applicable at the time.
10.5. Where these terms and conditions relate to the sale or provision of Services to carry out the installation of gas goods, RV Supplies warrants that RV Supplies will comply with the Gas (Safety and Measurement) Regulations or any other relevant legislation applicable at the time.
11. Liability
11.1. You shall indemnify us against any liability for any direct, indirect or consequential injury, loss or damage arising out of any act or default or omission of, or any representation made by the you, or an employee or agent of yours.
11.2. You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
11.3. To the maximum extent permitted by law, without restricting the limitations and exclusions of liability contained elsewhere in these Terms and subject to clause 11.6 in respect of any claim whether under contract, tort (including negligence) or on any other basis, is limited to the maximum extent permitted by law at our option to:
11.3.1. In relation to the goods replacing the goods or supplying equivalent goods, or the cost of replacing the goods or the cost of repairing the goods; or
11.3.2. In relation to Services, supplying the Services again or paying the cost of having the Services supplied again.
11.4. RV Supplies liability will be reduced proportionately to the extent that any act or omission by you may have contributed to the loss, liability or cost.
11.5. Any claim made against us by you must be notified to us within 12 months from the date the event giving rise to the claim arose.
11.6. Without restricting the limitations and exclusions of liability contained elsewhere in these Terms, to the maximum extent permitted by law we are not responsible for any damage whatsoever caused either to the goods supplied or as a result of the malfunction of the goods if in our reasonable opinion:
11.6.1. The goods are fitted by unqualified tradespersons or are fitted in an unprofessional manner; or
11.6.2. The goods are adapted to a use of which they are not specifically intended; or
11.6.3. The goods are added to or repaired using components not recommended by us or by the manufacturer; or
11.6.4. The goods are improperly stored or transported.
12. Force Majeure
12.1 Notwithstanding any other provision of these Terms, non-performance by us of any of our obligations under these Terms will be excused, without liability for non-performance, during the time and to the extent that such performance is prevented, wholly or substantially, by a Force Majeure Event. Subject to this clause, performance of any obligation affected by a Force Majeure event will be resumed as soon as reasonably possible after the termination or abatement of the Force Majeure Event. If, by reason of a Force Majeure Event, we are unable to perform any material obligation under this Agreement for a period of 60 days after the occurrence of the Force Majeure Event, we may terminate the supply of Goods by giving written notice to you.
13. Privacy
13.1. All personal information provided by you in relation to your purchase will be held by RV Supplies in accordance with its obligations under the Privacy Act 2020. You can contact RV Supplies should you wish to view or correct the personal information which we hold about you.
13.2. You agree that we may collect, retain and use information about you (collected directly from you and from others) for the purposes of:
13.2.1. Providing the goods and Services to you;
13.2.2. assessing your creditworthiness;
13.2.3. sending tax invoices to you and to recover money owed to us;
13.2.4. marketing to you any goods and Services available from us, unless you tell us not to;
13.2.5. exercising or enforcing any right that we have under these Terms or at law.
13.3. You authorise us to disclose any information obtained for the purposes set out in clause 13.2 including sharing it with associated companies, contractors and with credit reference agencies and collection agencies.
13.4. If you opt in when placing an order, RV Supplies may send you information regarding its products and services.
14. Variations
14.1. The Terms that apply to you are those which are current and in force at the time of your purchase.
14.2. We reserve the right to vary these Terms at our absolute discretion without notice. The most current version of our Terms will always be available on our website. By continuing to order goods or Services from us once we have updated our Terms, you will be deemed to accept the varied Terms.
14.3. Any customised written terms and conditions you may have in place with RV Supplies shall supersede the terms and conditions contained in this document.
15. General
15.1. Where these terms and conditions would otherwise be subject to the Consumer Guarantees Act 1993, the Purchaser acknowledges that it is acquiring the goods and Services for business purposes and that the Consumer Guarantees Act 1993 does not apply to the supply of the goods and Services to the Purchaser.
15.2. These terms and conditions of sale shall be governed by New Zealand law.
15.3. If any provision of these Terms is invalid or unenforceable for whatever reason, the remaining provisions will remain in full force to the maximum extent permitted by law.
15.4. To the maximum extent permitted by law, these Terms and any Application Form contains all of the terms and conditions of the contract between you and us.
15.5. You may not assign or transfer any of the rights or obligations under these Terms to any other person however we are able to assign or sub-contract any part of the provision of the goods which is to be performed under these Terms at our discretion.
15.6. Each party will promptly do everything reasonable required to give effect to these Terms.
15.7 If, at any time, we do not enforce any provision of these Terms or grant you time or other indulgence to comply with our obligations, we will not be construed as having waived that term or our rights to later enforce that term or any other term.