Terms & Conditions

1. Definitions
1.1 “The Supplier” shall mean New Zealand Medical and Diagnostics Limited its successors and assigns or any person acting on behalf of and with the authority of New Zealand Medical and Diagnostics Limited Limited.
1.2 “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by the Supplier to the Customer.
1.3 “Goods and Services” shall mean all goods and services supplied by New Zealand Medical and Diagnostics Limited to the Customer (and includes any advice or recommendations) as described on the invoices, quotation, work authorisation or any other forms as provided by New Zealand Medical and Diagnostics Limited to the Customer.
1.4 “Price” shall mean the price payable for the Goods and Services as agreed between New Zealand Medical and Diagnostics Limited and the Customer in accordance with clause 3 of this contract.
2. Acceptance
2.1 Any instructions received by New Zealand Medical and Diagnostics Limited from the Customer for the supply of Goods and Services and/or the Customer’s acceptance of Goods and Services supplied by New Zealand Medical and Diagnostics Limited shall be deemed to be acceptance of these Terms and Conditions.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of New Zealand Medical and Diagnostics Limited.
2.4 The Customer shall give New Zealand Medical and Diagnostics Limited not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including, but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by New Zealand Medical and Diagnostics Limited as a result of the Customer’s failure to comply with this clause.
3. Price and Payment
3.1 At New Zealand Medical and Diagnostics Limited’s sole discretion the Price shall be either:
(a) New Zealand Medical and Diagnostics Limited’s current price at the date of delivery of the Goods and Services according to New Zealand Medical and Diagnostics Limited’s current price list; or
(b) as indicated on the invoice provided by New Zealand Medical and Diagnostics Limited to the Customer in respect of the Goods and Services; or
(c) New Zealand Medical and Diagnostics Limited’s quoted Price which shall be binding upon New Zealand Medical and Diagnostics Limited provided that the Customer shall accept New Zealand Medical and Diagnostics Limited’s quotation in writing within thirty (30) days and the quotation may be withdrawn by New Zealand Medical and Diagnostics Limited at any time before acceptance by the Customer.
3.2 At New Zealand Medical and Diagnostics Limited’s sole discretion a deposit may be required.
3.3 At New Zealand Medical and Diagnostics Limited’s sole discretion:
(a) payment shall be due on delivery of the services; or
(b) payment shall be due before delivery of the Goods and Services.
3.4 Time for payment for the Goods and Services shall be of the essence and may be stated on the invoice or any other forms.
3.5 If New Zealand Medical and Diagnostics Limited does not require payment on or before delivery of the Goods and Services, payment will be due on the date stated by New Zealand Medical and Diagnostics Limited. If no time is stated then payment shall be due twenty (20) days following the end of the month in which an invoice is handed to the Customer or posted to the Customer’s address or address for notices.
3.6 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and New Zealand Medical and Diagnostics Limited.
3.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Liability
4.1 The Customer acknowledges that some Goods and Services offered by New Zealand Medical and Diagnostics Limited are of a hazardous nature and may result in damage or loss to property and/or serious or fatal injury to any person/s and or animals. The Customer agrees to indemnify New Zealand Medical and Diagnostics Limited against all liability for any injury, damage or loss of any property, injury or death of any person/s and from any claim made by the Customer and/or the Customer’s family, estate, heirs or assigns that may arise from the supply of Goods and Services.
4.2 New Zealand Medical and Diagnostics Limited shall be under no liability for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach of these Terms and Conditions or any related document by New Zealand Medical and Diagnostics Limited.
4.3 New Zealand Medical and Diagnostics Limited’s liability to the Customer shall in all circumstances be limited to damages and will not exceed the Price of the Goods and Services supplied by New Zealand Medical and Diagnostics Limited in relation to the transaction from which such liability arises.
5. Consumer Guarantees Act 1993
5.1 If the Customer is acquiring Goods and Services for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods and Services by New Zealand Medical and Diagnostics Limited to the Customer.
6. Default & Consequences Of Default
6.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of twenty percent (20%) per annum (and at New Zealand Medical and Diagnostics Limited’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
6.2 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by New Zealand Medical and Diagnostics Limited.
6.3 The Customer shall pay New Zealand Medical and Diagnostics Limited on demand all costs (including legal costs on a solicitor/client basis) incurred by New Zealand Medical and Diagnostics Limited in connection with any default by the Customer.
6.4 Without prejudice to any other remedies New Zealand Medical and Diagnostics Limited may have, if at any time the Customer is in breach of any obligation (including those relating to payment) New Zealand Medical and Diagnostics Limited may suspend or terminate the supply of Goods and Services to the Customer and any of its obligations under the Terms and Conditions. New Zealand Medical and Diagnostics Limited will not be liable to the Customer for any loss or damage the Customer suffers because New Zealand Medical and Diagnostics Limited has exercised its rights under this clause.
6.5 Without Prejudice to New Zealand Medical and Diagnostics Limited’s other remedies at law New Zealand Medical and Diagnostics Limited shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to New Zealand Medical and Diagnostics Limited shall whether or not due for payment, become immediately payable in the event that:
(a) any money payable to New Zealand Medical and Diagnostics Limited becomes overdue, or in New Zealand Medical and Diagnostics Limited’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an agreement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
7. Risk and Ownership
7.1 Goods will be at the Customer’s risk immediately on delivery. The Customer will insure Goods at full replacement value until the legal and beneficial ownership of them has passed to the Customer.
7.2 Legal and beneficial ownership of Goods will remain with New Zealand Medical and Diagnostics Limited until payment in full is made for the Goods and Services and for all other amounts owing by the Customer to New Zealand Medical and Diagnostics Limited.
7.3 Until legal and beneficial ownership of Goods has passed to the Customer, the Customer will store the Goods separately from other Goods.
7.4 Without prejudice to any of New Zealand Medical and Diagnostics Limited’s other remedies, if any amount payable by the Customer to New Zealand Medical and Diagnostics Limited is overdue or the Customer becomes insolvent, commits an act of bankruptcy, has a receiver appointed over all or any part of the assets of the Customer, makes or is likely to make an arrangement with creditors or has a liquidator appointed, then
(a) New Zealand Medical and Diagnostics Limited may cancel any outstanding order with the Customer; and
(b)any moneys payable by the Customer to New Zealand Medical and Diagnostics Limited whether due for
payment or not shall become immediately due and payable; and
(c) New Zealand Medical and Diagnostics Limited reserves the right, and the Customer irrevocably consents to New Zealand Medical and Diagnostics Limited entering (whether forcibly or otherwise) by its employees or duly authorised agents, onto the Customer’s premises, or onto any premises where Goods owned by New Zealand Medical and Diagnostics Limited are reasonably thought to be stored and repossess and subsequently resell the Goods.
7.5 As security for all obligations the Customer may owe New Zealand Medical and Diagnostics Limited from time to time the Customer grants New Zealand Medical and Diagnostics Limited a security interest under the Personal Property Securities Act (the “PPSA”) in all goods supplied by New Zealand Medical and Diagnostics Limited to the Customer.
7.6 The Customer will provide New Zealand Medical and Diagnostics Limited on request with all information necessary for the registration of New Zealand Medical and Diagnostics Limited’s security interest on the Personal Property Securities Register.
7.6 The Customer waives its right in terms of section 148 of the PPSA to receive a copy of a verification statement for all other amounts owing by the Customer to New Zealand Medical and Diagnostics Limited.
8. Privacy Act 1993
8.1 the Customer Client authorises New Zealand Medical and Diagnostics Limited to:
(a) Collect, retain and use any information about the Customer for the purpose of
assessing the Customer’s creditworthiness or marketing products and services to the Customer.
(b)Disclose information about the Customer, whether collected by New Zealand Medical and Diagnostics Limited from the Customer directly or obtained by New Zealand Medical and Diagnostics Limited from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
8.2 Where the Customer is an individual the authorities under clause 8.1 are authorities or consents for the purposes of the Privacy Act 1993.
8.3 The Customer shall have the right to request from New Zealand Medical and Diagnostics Limited a copy of the information about the Customer retained by New Zealand Medical and Diagnostics Limited and the right to request New Zealand Medical and Diagnostics Limited to correct any incorrect information about the Customer held by New Zealand Medical and Diagnostics Limited.
9. General
9.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
9.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.
9.3 New Zealand Medical and Diagnostics Limited shall be deemed not to have waived any right to do anything unless that waiver is in writing and signed by an authorised manager of New Zealand Medical and Diagnostics Limited.
9.4 If any part of these Terms and Conditions is illegal, unenforceable or invalid, the remaining Terms and Conditions are not affected.
9.5 New Zealand Medical and Diagnostics Limited may in its absolute discretion vary these Terms and Conditions at any time by publication on our website www.meddirect.co.nz. The change will take effect from the time specified.
9.6 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by New Zealand Medical and Diagnostics Limited.
9.7 New Zealand Medical and Diagnostics Limited reserves the right to correct any typographical or clerical errors in any Prices quoted.
9.8 If there is any inconsistency between these Terms and Conditions and any other communication by New Zealand Medical and Diagnostics Limited to the Customer, these Terms and Conditions will prevail unless New Zealand Medical and Diagnostics Limited specifies or agrees otherwise.
9.9 New Zealand Medical and Diagnostics Limited may assign, licence or sub-contract all or any part of its rights and obligations without the Customer’s consent.
9.10 The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) were omitted from the Contractual Remedies Act 1979.
9.11 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, earthquake, drought, storm or other event beyond the reasonable control of either party.