1. Order

1.1. In consideration of the buyer agreeing to pay Julie Dawson Limited (“JDL”) the purchase price JDL agrees to provide the buyer with the products.

1.2. Only the products itemized in this Order are included in the Contract. If there were other items discussed that are not specified in this Order they shall be deemed to not be included. Please contact our representative for clarification or variation. Any variation shall be in writing.

1.3. JDL reserves the right to accept or reject in whole or in part any instructions for the supply of products.

2. Ownership

2.1. All products supplied by JDL shall remain the sole and absolute property of JDL as legal and equitable owner until such time as the buyer has paid JDL the purchase price.

2.2. The buyer shall be at liberty to agree to sell on the product on the express condition that such an agreement to sell shall take place as Agents and Bailees for JDL whether the buyer sells on his/her/it’s own account or not and that the proceeds of the sale are therefore held in trust for JDL and are not mingled with any other monies and shall at all times be identifiable as JDL’s money.

2.3 If the buyer fails to make payment in full on the due date without prejudice to its other rights and remedies, JDL shall be entitled without the necessity for giving notice to retake possession of all product for which payment in full has not been received. The buyer hereby authorizes JDL by its Agents unimpeded access to enter upon the site, installation premises or any other premises where the product may be located for the foregoing purpose and agrees to indemnify JDL for all costs of claims incurred or suffered as a consequence of doing so.

3. Insurance

3.1.The risk in all products shall pass to the buyer at the time of delivery as determined by the term of delivery indicated on the front page, and it is the responsibility of the buyer to have insurance.

4. Delivery

4.1.Made to the place indicated on the front page of this Order. Delivery shall be deemed to have taken place irrespective of the buyer’s acceptance of delivery provided JDL has performed all their obligations under the herein contained order and terms and conditions.
4.2.JDL will at all times endeavor to meet delivery dates requested but will not accept any liability proclaimed in respect of the delays in delivery.

5. Terms of Delivery

5.1. CIF (cost, insurance and freight) - indicates that the buyer takes control and responsibility of the goods from the overseas port to their door. The buyer must be clear to indicate the location of the overseas port they want the goods landed at.

5.2. FOB (free on board) - indicates that the buyer is responsible for the goods from the New Zealand port (indicated) to their own door overseas.

5.3. EXW (ex works) - indicates that the buyer is responsible for the goods from the door of JDL to their own door.

5.4. Door to Door - indicates that JDL is responsible for delivery to the buyer’s door where ever that may be.

6.Warranty

6.1. JDL warrants all products for which it is the manufacturer against faulty workmanship and all materials for the life of the product.

6.2.This warranty shall become invalid where repairs are carried out by a person not authorized by JDL.

6.3.The warranty does not apply where JDL’s opinion is that the product has been subject to excessive wear and tear, improper, commercial or abnormal use, accidental damage or unsuitable protection and does not extend to everyday wear and tear.

6.4.JDL’s warranty does not extend to any consequential loss or damage in any way or form.

6.5.JDL’s liability for defective product and loss howsoever caused by any defect in the product is limited, at JDL’s option to either repairing or replacing the defective product.

7. Goods and Services Tax

7.1.Unless otherwise indicated all prices quoted or submitted are exclusive of GST and accordingly GST shall not be added where the buyer is outside New Zealand.

8.Payment

8.1. Unless otherwise stated payment of costs is to be made in New Zealand dollars.

8.2. Payment of costs is to be made in accordance with that which is indicated on the front page of this Agreement.

9. Force Majeure

9.1. JDL shall not be in breach of this Agreement if any act or omission on its part which would accept for the provisions hereof the breach of this Agreement, is caused by an Act of God, fire, act of government, war, civil commotion, insurrection, embargo, prevention form or hindrance in obtaining the raw materials, energy or other supplies, labour disputes or any other reason whatsoever beyond the reasonable control of JDL.

10.General

10.1.Retentions shall not be held on this contract.

10.2.The rights, powers and remedies provided in this Agreement are cumulative and do not prejudice or exclude any rights, powers or remedies provided by law.

10.3.If any provision or any part of any provision of this Agreement is or becomes invalid or unenforceable that invalidity or unenforceability shall not affect the other provisions and part provisions (if any), of this Agreement, all of which shall remain in force in effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable part of this Agreement.

10.4.This Agreement is made in accordance with the law of New Zealand and will be interpreted in accordance with the law of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand Courts.

11. Disclaimer

11.1. The utmost care has been taken by JDL to obtain correct measurements, sizes and colours.

11.2. Due to the individual nature of these handbags, sizes, measurements or colours may vary slightly from those seen advertised or on display, which is beyond the reasonable control of JDL.