Terms & Conditions

These terms and conditions of sale apply to all goods sold by Aber Holdings Ltd (“the seller”) to the purchaser of those goods (“the buyer”). No agent or representative of the seller is authorized to make any representations, warranties, or agreements not expressly contained in these terms and conditions and the seller is not in any way bound by such representations, warranties or agreements.

Delivery

1. The seller shall not be responsible or liable in any way to the buyer for delays or defaults in delivery of the order or any part, nor for any direct or consequential loss or damage arising from any delay or default.
2. Delivery of the goods shall be deemed to occur when the goods arrive at the location specified by the buyer or when the buyer or any employee or agent of the buyer takes physical possession of the goods, whichever is the first to occur. Delivery of the goods to a carrier will be deemed to be delivery of the goods to the buyer.
3. Damaged in Transit / Discrepancies:

   Goods supplied by Aber are carried at ‘Limited Carriers Risk’. Please follow the below procedure to process claims for damage or loss:

   • Do not accept any goods without checking all items for damage.
   • If packaging suggests damage, accept but sign as “Possible Transit Damage”.
   • If signed without notes, it’s considered a “clean delivery” and may void claims.
   • Notify Aber within 24 hours via 0800 161 161 for damaged consignments.
   • Inspect goods in front of the driver. Signing “Subject to Inspection” is not valid.
   • For missing goods, sign consignment note as “Short-Delivered” and contact Aber.

Payment

1. Payment is due on the 20th of the month following delivery or as otherwise agreed. If overdue, penalty interest of 2% per month applies. Payment becomes immediately due if terms are breached or the buyer enters insolvency.
2. All applicable taxes such as GST must be paid with the invoice.

Risk and Title

1. Risk passes to the buyer upon delivery.
2. No returns after 7 days unless agreed under Clause 9.
3. Claims for shortages or damage must be submitted in writing within 48 hours.
4. Ownership remains with the seller until full payment is made. Until then:
   • Buyer acts as bailee and holds goods in trust.
   • Goods must be stored to identify seller ownership.
   • Seller has the right to retrieve goods if unpaid.

Warranties and Conditions

1. Only warranties in writing and signed by the seller are valid. Implied warranties are excluded to the fullest extent permitted by law.
2. If covered by a manufacturer warranty, that applies under these conditions:
   • No contract is formed between buyer and manufacturer.
   • Manufacturer judgment on claims is binding.
3. The buyer is responsible for determining product suitability.

Extent of Liability

The seller’s liability shall not exceed the purchase price of goods. No liability for consequential loss.

Exclusion of Liability

No responsibility for damage caused if goods are:

• Fitted by unqualified tradespeople.
• Installed poorly.
• Misused or modified with non-approved parts.

Price

All prices are net and exclude GST. Prices at dispatch apply. The seller may amend pricing at any time without notice.

Cancellations

Cancellations must be:

• In writing via email or fax.
• Received before goods are dispatched.

If not, a 15% handling charge applies.

Credits and Returns

Returns under Clause 3.2 require:

• Prior authorisation and RGA number.
• Return within 7 days at buyer’s cost.
• Goods in original condition with relevant documents.
• No returns on specially ordered goods.
• Handling charge of up to 15% may apply.

Severability

If any clause is invalid, the remainder remains in force.

Personal Properties Security Act 1999

1. Buyer grants a security interest in all current and future goods.
2. Buyer agrees to sign documents and pay costs to register security.
3. Buyer waives rights to verification statements.

No Set-Off

No deductions or withholdings permitted. Disputes must be notified in writing, but full payment is still required.

Costs of Recovery

Buyer must reimburse collection and legal costs with interest at the penalty rate.

Force Majeure

Seller is not liable for delays or non-delivery caused by external events beyond its control.

Conflict with Other Terms and Conditions

More recent terms will override these where there is a direct conflict. Where possible, terms are read together.

Variation of Terms

Terms may be varied by the seller. Only written and signed variations are valid.

Electronic Communications

By contacting Aber Holdings electronically, you consent to electronic communication. All such communication satisfies legal writing requirements.

Copyright

All site content is the property of Aber Holdings or its suppliers and protected under international copyright law.

License and Site Access

Aber Holdings grants a limited license for personal site use. Commercial or derivative use is prohibited without written consent.

Your Account

You are responsible for your account. Users under 18 must use the site with parental involvement. Aber Holdings may terminate accounts at its discretion.

Other Businesses

Aber Holdings is not responsible for other sellers or linked third-party sites. Review their policies separately.

Applicable Law

New Zealand law governs these terms and all related disputes.

Site Policies, Modification and Severability

Aber Holdings may update its policies or these terms at any time. Invalid clauses do not affect the enforceability of the rest.