Kingon New Zealand Terms & Conditions

In consideration of Kingon Pacific Pty Ltd ABN 86 109 199 993 (the supplier) agreeing to supply goods and/or services (goods) to the Customer, the Customer agrees and accepts that these terms and conditions apply to all sale of goods by the supplier to the Customer, to the exclusion of any conditions of sale appearing on any document of the Customer. The Customer further acknowledges that these Terms and Conditions of Sale constitute the entire agreement of the parties as to the supply of goods by the supplier, and may not be varied without the prior written agreement of the supplier. The supplier reserves the right to suspend/close credit facilities in breach of these Conditions, and advises that credit may be withdrawn should the authorised credit limit be exceeded.

(a) (i) Property in any goods delivered to the Customer will not pass to the Customer until the later of (a) payment in full for The goods; (b) payment in full of all moneys owing or unpaid by the Customer to the supplier including moneys in respect of goods previously or subsequently supplied to the Customer by the supplier.

(ii) The Customer shall store the goods in such a manner as to show clearly that they are the property of the supplier and the Customer shall keep records of all use and sales of such goods.

(iii) The Customer shall keep the goods free from and will indemnify the supplier against any charge, lien or other claim there on.

The Customer has no title or right to charge or encumber the goods before payment to the supplier under this clause.

(iv) If the Customer fails to pay the purchase price or any other debts to the supplier when due, or commits any act of bankruptcy, the supplier may without notice and without prejudice to any of its rights and remedies recover and/or resell the goods or any of them and may by its servants or agents enter upon the Customer’s premises or any premises occupied by the Customer for that purpose.

(b) Goods delivered to the Customer shall be at the Customer’s risk on delivery to the Customer.

(c) Not withstanding paragraph (a), the Customer may on-sell the goods on commercial terms in the ordinary course of its business before the purchase price for the goods and other debts to the supplier have been paid to the
supplier, but in this case the Customer shall hold the proceeds of such sale on trust for the supplier in a separate account and account to the supplier for such proceeds on demand.

(d) The supplier will be given full ownership of any new goods or objects formed if you transform our goods into other products or affix those goods to other objects.

(e) The Customer is not entitled to return the goods and refuse or delay payment on the grounds that the property in the goods has not yet passed.

(a) The Customer is solely responsible for acceptance of orders and shall raise no claims for loss or damage to orders where same are, by arrangement, delivered to and left at unattended sites.

(b) Specifically procured, non-stocked items and consumable items are not returnable. Claims for credit and returns must be made within seven (7) days of date of invoice quoting invoice number and date and returns will not be accepted without prior approval from the supplier. The supplier reserves the right to charge a handling fee of 30% on all returns.

(c) Cancellations are accepted only if payment of the cost of goods, labour and material expended to the date of cancellation plus an administration fee of 30% are paid on that date.

(d) We may offer a credit or refund on unused goods returned in new condition and original packaging where these goods were incorrectly ordered or are no longer required. A 15% restocking fee will be applicable.

(e) Indent Items (Special Order Items) Indent Items refer to items not commonly held in stock. Once ordered (a deposit may be required) with Kingon Pacific these items are considered non returnable.

(f) Kingon Pacific has the right to supply substitute products for items of equal value & quality of the product ordered without notice.

(g) All warranty claims are return to base with freight cost purchasers responsibility.

(h) Under The Consumer Guarantees Act (CGA), customers are only entitled to a refund or replacement for a major problem with a product covered by consumer guarantees. Kingon Pacific is not obligated to provide a refund or replacement if a customer simply changes their mind about a product.

Unless otherwise agreed in writing the price of the goods shall be that price charged by the supplier at the date of order, plus any transportation, freight, postage, packaging, handling, insurance and goods and services tax (“GST”).

GST where applicable, will be charged at the appropriate rate ruling at the date of invoice.

(a) Payment for material, goods and services pursuant to this agreement including GST is due thirty (30) days from date of invoice unless otherwise stated in writing by the supplier. Payment is not deemed to be made until funds have been cleared.

(b) After the due date of payment, the supplier may charge interest on outstanding amounts payable, calculated on a daily balance, at the reference rate of + 6%.

(c) The Customer agrees to pay and reimburse the supplier on demand for all legal costs, collection costs, court costs, interest and any other costs that the Court may determine, stamp duty or any other costs or expenses suffered or incurred by the supplier in respect of the preparation of any agreements, personal guarantees, securities or other documentation required by the supplier to document or secure the provision of credit to the customer together with all collection and enforcement costs and expenses which the supplier may suffer or incur in connection with the sale of goods or supply of services or provisions of credit to the Customer (without limitation) legal costs on a full Indemnity basis.

(d) In the event of any default in payment of any invoice/s supplied to them by Kingon Pacific Pty Ltd they agree to pay all collection costs, legal costs (on a solicitor/client basis), court costs and/or any other costs as may be determined by Kingon Pacific Pty Ltd.

(e) If any account balance or payment is made to distributor accounts by credit card they will attract the below surcharges. VISA & Mastercard – 1% surcharge, AMEX – 1.5%. If the account is paid for by direct deposit there will be no surcharge applied.

(f) Kingon Pacific Pty Ltd supplies medical equipment and related products to both medical professionals and the general public. Certain products may require a prescription or confirmation of suitability from a qualified medical practitioner prior to supply, in accordance with applicable laws and safety requirements. Where required, customers must provide relevant supporting information before the order can be processed.

In the event of the Customer, being an individual or partnership, incorporates his/her business and the Company continues to use the existing account, or the account is used by a Company of which he/she is a director, he/she hereby agrees to personally guarantee all due debts. If ownership of the Customer’s business changes, the Customer will remain liable for all debt incurred on this account until such time as the supplier is notified in writing of such change.

GST where applicable, will be charged at the appropriate rate ruling at the date of invoice.

The Customer acknowledges that, except as expressly provided in these Terms or as required by applicable New Zealand law, the Supplier gives no warranties, representations or conditions in relation to the Goods or Services, whether express or implied.

To the fullest extent permitted by law, all warranties, conditions and terms, whether implied by statute, common law, trade, custom or otherwise, relating to the quality, merchantability, fitness for purpose or suitability of the Goods or Services are excluded.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded or limited under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable New Zealand legislation.

Where the Customer acquires the Goods or Services for the purposes of a business, the parties agree that, to the maximum extent permitted by section 43 of the Consumer Guarantees Act 1993, the provisions of that Act do not apply.

To the fullest extent permitted by law, the Supplier shall not be liable for any indirect, incidental, special, exemplary or consequential loss or damage, including loss of profits, loss of revenue, loss of business opportunity or loss of data, arising from or in connection with the supply or use of the Goods or Services.

Where the Supplier is liable for a breach of any guarantee, condition or warranty that cannot be excluded by law, the Supplier's liability shall, at its option and to the extent permitted by law, be limited to one or more of the following:

In the case of Goods:

(a) replacing the Goods or supplying equivalent Goods;

(b) repairing the Goods;

(c) paying the cost of replacing the Goods or acquiring equivalent Goods; or

(d) paying the reasonable cost of having the Goods repaired.

Except where liability cannot be excluded by law, the Supplier's total aggregate liability arising out of or in connection with the supply of the Goods or Services shall not exceed the amount paid by the Customer for the Goods or Services giving rise to the claim.

The failure, delay, relaxation or indulgence on the part of the supplier in exercising any power or right conferred upon the supplier by these Terms and Conditions of Sale does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions of Sale.

These Terms and Conditions of Sale will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have non-exclusive jurisdiction in respect of all matters between us.

Where these Terms and Conditions of Sale are qualified by any provision of law which applies and which cannot be excluded, where any such provision in these Terms and Conditions of Sale is deemed to be unlawful or unenforceable, such provision shall be severed from these Terms and Conditions of Sale and all other provisions hereof shall remain in force to the fullest extent permitted by law.

While all care is taken to represent each product accurately, occasionally incorrect information or images may be supplied regarding the specified product. Images are representative only and the items may not be exactly as illustrated.

All promotional items associated with Kingon New Zealand are while stocks last only. Kingon New Zealand will honour promotional items in their entirety until stock is totally exhausted. Customers will be informed at the time of purchase if the promotional offer is no longer valid. Images are representative only and the items may not be exactly as illustrated. Online promotional pricing is not always applicable to Kingon New Zealand's distributors and will be under the company’s discretion, subject to further terms & conditions. E&OE.

Any customer contact with Kingon Pacific by default gives Kingon Pacific the right to contact the customer via email or any other form. The Customer may end this contact or ‘opt out’ of contact with Kingon Pacific at any time at their discretion. Your call may be monitored for quality and training purposes.

Freight costs with any product is decided at Kingon Pacific's discretion. As default Kingon Pacific will never offer free freight for excessively large or heavy products. This includes oxygen concentrators.

The Customer will always be informed of any additional or standard freight charges at the time of processing the order. Freight discounts apply to Australian Customers only.

If a product is returned to Kingon Pacific for repair or assessment, Kingon Pacific reserves the right to charge the Customer a minimum fee of $120 + GST + Any freight & insurance charges. If this is not paid within 90 days of invoice, items may be disposed of to recover costs.