These Terms and Conditions apply to all Purchase Orders issued by the Buyer for the supply of products and/or services within New Zealand. By accepting a Purchase Order and delivering the related goods or services to the Buyer, the Supplier agrees to comply with these Terms and Conditions unless otherwise agreed in writing.
In these Terms and Conditions:
'Buyer' means Ritchies Transport Holdings Limited or its subsidiaries issuing the Purchase Order.
'Supplier' means the party providing the products or services.
'Goods' means all products, materials, or items supplied under the Purchase Order.
'Services' means all services provided under the Purchase Order.
'Purchase Order' means the written or electronically created order issued by the Buyer for the supply of Goods and/or Services.
The Supplier is deemed to have accepted the Purchase Order and these Terms and Conditions upon confirmation of receipt of Goods or Services.
The Supplier must deliver the Goods by the delivery date specified in the Purchase Order. Delivery must be made to the location specified in the Purchase Order, unless otherwise agreed in writing.
The Supplier must provide the Services with due skill, care, and diligence, and in accordance with industry best practices.
Title of Goods passes to the Buyer upon delivery. Risk in the Goods remains with the Supplier until the Buyer has accepted delivery.
The Buyer may inspect Goods and Services on delivery or completion. If the Goods or Services fail to comply with the Purchase Order, the Buyer may reject them and require replacement, re-performance, or a refund.
The Supplier warrants that:
Goods will be of acceptable quality, fit for purpose, free from defects, and conform to all specifications.
Services will be performed with due care, skill, and diligence.
Supply of Goods and Services will comply with all applicable laws, standards, and regulations in New Zealand.
The price payable for Goods and Services is as stated in the Purchase Order. Unless otherwise agreed in writing, payment will be made on the 20th day of the month following the date of a correctly rendered GST invoice. Invoices must reference the Purchase Order number.
The Supplier must comply with all relevant health and safety legislation, environmental obligations, and any Buyer-specific policies notified to the Supplier.
The Supplier must keep all information relating to the Buyer and the Purchase Order confidential, unless disclosure is required by law.
Any intellectual property created in the course of providing the Services will vest in the Buyer, unless otherwise agreed in writing.
The Supplier indemnifies the Buyer against any claims, losses, or liabilities arising from the Supplier’s breach of these Terms and Conditions, negligence, or infringement of third-party rights.
The Buyer may terminate the Purchase Order immediately by written notice if the Supplier breaches these Terms and Conditions, becomes insolvent, or fails to deliver the Goods or Services on time.
These Terms and Conditions are governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.