Second Hand Machinery 

Please be aware that all secondhand machinery is sold on an ‘as is’ basis. As per the Health and Safety at Work Act 2015, s 42(7), ‘as is’ means “the plant is sold without any representations or warranties about its quality, durability, or fitness, and with the entire risk in those respects to be borne by the buyer”.




1. EXCLUSIVE APPLICATION: All contracts entered into by the Seller are on these terms and conditions to the exclusion of any other terms and conditions, whether express or implied, except to the extent that they are expressly varied or waived in writing by the Seller or are in conflict with the express terms of any quotation or estimate given by the Seller and accepted by the Buyer.   By taking delivery of goods ordered the Buyer accepts these terms and conditions.


2. PAYMENT TERMS: Unless otherwise agreed in writing all invoices are net and are due and payable without any deduction on the 20th of the month following invoice.     If the Buyer defaults in payment the Seller may charge interest on a daily basis on any unpaid amounts from due date until payment at a rate 4% per annum above the rate of interest which would be charged to the Seller by its banker on an overdrawn account. Such interest shall be payable upon demand and is a genuine pre-estimate of damage resulting from the default.   The Buyer shall pay on demand all costs, charges, commission and expenses (including in respect of legal costs, costs as between solicitor and own client) incurred by the Seller in recoveringany moneys payable by the Buyer to the Seller.


3. OWNERSHIP OF GOODS: Property in the goods remains with the Seller until payment is made in full in cleared funds for the goods and for all other goods supplied by the Seller to the Buyer, the Buyer acknowledging that the Buyer is in possession of the goods solely as bailee in a fiduciary capacity for the Seller until such payment is made. If the Buyer defaults in making any payments due to the Seller or if any creditor of the Buyer takes any steps to recover moneys due by the Buyer or has grounds for taking any such steps then the Seller shall be entitled to enter into any premises and take possession of all goods supplied by the Seller.


4. RISK & DELIVERY: Delivery is made ex store the Seller unless otherwise agreed in writing. The goods shall be at the risk of the Buyer from the time of delivery as to any loss, damage, or deterioration for any reason (notwithstanding that ownership may remain with the Seller pursuant to paragraph 3 above).   Any such occurrence shall not relieve the Buyer from Buyer’s obligation to pay the agreed price. Any claims for errors, short delivery, or damage in transit must be made within 7 days of delivery. If the Buyer refuses to accept delivery, delivery shall nevertheless be deemed to have been made.   Delay in delivery shall not entitle the Buyer to cancel the contract.   Delivery may be made by instalments.   If this occurs each instalment may be separately invoiced and the Buyer shall pay for each instalment as if it were a separate order.   The Buyer shall be deemed to have received goods as invoiced to the Buyer unless notifying the Seller in writing to the contrary within 7 days of receipt of the invoice.   The Buyer shall not be entitled to cancel or vary any order unless agreed to by the Seller. In the event of such cancellation or variation the Buyer shall pay all the Seller's resulting costs and any deposit paid by the Buyer shall not be refundable.


5. STORAGE & INSURANCE: While any moneys are owing to the Seller the Buyer shall keep the goods safely stored and fully insured and shall in the event of an insured claim, upon receipt of the proceeds of such claim, pay any amount outstanding to the Seller in respect of the goods.


6. PRICE QUOTATIONS: Any price quotation shall only remain open for acceptance by the Buyer for 7 days from the date of quotation unless the time for acceptance is extended by the Seller.   The Seller may withdraw any quotation at any time prior to acceptance by the Buyer. The Seller shall have the right to correct any clerical error appearing on the face of any quotation.   Prices quoted by the Seller are net of Good & Services Tax (“GST”), packaging and freight charges; and are based upon the cost of goods to the Seller, wages and other costs, and applying the exchange and import duty rates current as at the date of quotation; and shall be varied in correspondence with any increase or decrease in such costs and rates between the date of quotation and completion of delivery. (The quoted exchange rate to be used at the time of conversion shall be The National Bank of New Zealand Ltd public bank sell rate.)  


7. GST: The Buyer shall pay to the Seller all GST chargeable upon the supply of goods by the Seller to the Buyer (including any additional tax payable in the event of default in payment by the Buyer) at the same time and in the same manner as payment for the goods.


8. INDENTED GOODS: If the goods are being supplied on indent the Seller shall advise the Buyer of likely shipping and delivery arrangements but the Buyer acknowledges the Seller shall not be liable for any failure to ship and deliver in accordance with those expectations.


9. RESPONSIBILITY FOR DESCRIPTION: Where the goods are being supplied to the Buyer’s specification the Buyer shall be responsible for ensuring the description of the goods is correct.


10. CONSUMER GUARANTEES ACT: If the goods supplied by the Seller are of a kind ordinarily acquired for personal, domestic, or household use or consumption and the Buyer has not held out that the goods are being acquired for the purpose of a business, the Buyer has the benefit of the guarantees and remedies provided by the Consumer Guarantees Act 1993, in which case any of these terms and conditions inconsistent with those guarantees and remedies shall not apply to the sale.  


11. WARRANTY: Subject to the provisions of this paragraph all goods (except where there is a manufacturer’s warranty or the goods are second-hand) are warranted free of defects due to faulty manufacture or materials for a period of 180 days from the date of delivery.   If wishing to claim under this warranty the Buyer shall first notify the Seller as to particulars of purchase of the goods, and as to the nature of the defect. The Seller will at its option repair, replace, or give credit for any defective goods or parts thereof provided that they have not been modified or repaired by any person other than the Seller's authorised representative.   The Seller’s only liability under this warranty is to supply replacement parts. Labour and other costs are to the account of the Buyer. The Seller shall advise the Buyer as to the action to be taken on the notified claim. Second-hand goods are warranted for a period of 14 days from the date of delivery and are subject to a money back guarantee provided that the goods have not been modified or repaired by any person other than the Seller's authorised representative during that period.   These warranties do not cover damage due to normal wear and tear, improper installation, misuse or neglect.   The above terms may, at the Seller's option, be varied or replaced by specific warranty conditions issued in respect of particular goods.   Any defect in the goods shall not entitle the Buyer to treat the contract as repudiated. No warranty is given by the Seller as to the fitness or suitability of the goods for any particular purpose.


12. SELLER NOT LIABLE: The Seller shall not be liable for any incidental or consequential damages arising from delays in delivery of the goods, defects in the goods, failure of the goods to perform to manufacturer's specifications, or the use to which the Buyer or any third party may put the goods.


13. COMMISSIONING & TRAINING: Unless expressly agreed overpage installation, commissioning and training are not included in the price. If arrangements are made for the Seller to commission the goods the Buyer shall be responsible for first installing the goods; removing all protective coatings; and supplying power and other services prior to the Seller commissioning the goods. The Buyer shall pay for commissioning services and training on the same basis as payment is required under paragraph 2 above.  


14. FORCE MAJEURE: In the event of any happening beyond the Seller's reasonable control and in consequence of which the Seller cannot fulfil its obligations the Seller shall be entitled to either extend the delivery time of goods, or cancel its obligation to supply, and in the event of such extension or cancellation the Seller shall not be liable for any damages or other compensation.


15. APPLICATION OF PAYMENTS: Any payments by the Buyer may be applied by the Seller in its discretion towards satisfaction of any amounts due by the Buyer to the Seller irrespective of any stipulation or request by the Buyer to the contrary.                 Ver: 1/01/2011