1.1 Each sale is subject to these General Terms and Conditions (Terms) and any Special Terms and Conditions that have been signed and attached to the exclusion of any other conditions whether expressed, implied, oral or written.
- PURCHASE ORDERS AND PRICE
2.1 To purchase goods, the Customer will submit an order via the website, email or phone to Ocean Magnesium. Each Purchase Order will specify the quantities and descriptions of the goods to be purchased, requested delivery dates, shipping instructions, and shipping addresses for all goods ordered. If any term of a purchase order is inconsistent with the terms of these Terms, these Terms will prevail unless the inconsistent term is agreed to in writing by each party.
2.1 Goods are sold at the price current on the website at the time of delivery inclusive of delivery charges (unless otherwise stated on the Purchase Order).
2.2 Each amount payable by the Customer under these Terms in respect of a Taxable Supply by Ocean Magnesium is a GST exclusive amount and the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Services) Act 1999.
- TRADING TERMS
3.1 Terms are strictly cash before delivery, unless the Customer has had an application for credit approved by Ocean Magnesium (Credit Approval).
3.2 In the case where Credit Approval has been obtained, the Customer will pay to Ocean Magnesium at the due date (Credit Period) any monies invoiced to the Customer.
3.3 Ocean Magnesium is entitled to charge the Customer interest on amounts not paid within the specific Credit Period at an interest rate equivalent to the reference rate charged by Ocean Magnesium’s principal bankers on monies outstanding after the agreed days of account and an administration fee of $20.
- SUSPENSION OR CEASING SUPPLY
4.1 The supply of goods or any credit facility granted by Ocean Magnesium to the Customer may be suspended or ceased by Ocean Magnesium at its sole discretion and without Ocean Magnesium incurring liability to the Customer.
4.2 Termination by Ocean Magnesium of any credit arrangement shall be by notice in writing to the Customer.
4.3 Without limiting clause 4.1, if any Event of Default described in clause 10.3 occurs, Ocean Magnesium may, without prejudice to its other rights, call up monies owed to it by the Customer, retain all monies paid on account, or cease further deliveries and recover from the Customer all loss of profits arising therefrom, and take immediate possession of any goods not paid for.
- PAYMENT TERMS
5.1 The Customer may pay an account by cash, cheque, credit card or bank transfer into Ocean Magnesium bank account.
6.1 Failure to comply with any agreed provision in these Terms or failing to make payment for goods when the amount falls due is a breach of contract and Ocean Magnesium may treat the whole contract as repudiated.
6.2 Without prejudice to any other of its rights, Ocean Magnesium may refuse to deliver further goods until the Customer has remedied its breach.
7.1 Ocean Magnesium’s delivery documentation shall be the prima facie proof of the goods being in good order and of the quality and description stated therein and shall be evidence of receipt by the Customer regardless of the presence or absence of any representative of the Customer at the delivery site.
7.2 If the terms of any Purchase Order from the Customer specifies that the goods are to be delivered by Ocean Magnesium to the Customer, then:
- a) the Customer must provide adequate directions to enable Ocean Magnesium or its agents or contractors to affect delivery; and
- b) They will use reasonable endeavours to effect delivery within any time frame specified in the Purchase Order.
7.3 Risk in the goods passes to the Customer at the time of delivery.
- FREIGHT & SHIPPING
8.1 Freight is calculated on your order once received. All freight charges are calculated at cost and are inclusive of GST.
8.2 Freight charges apply for all orders.
8.3 No back orders will be held for later shipping unless otherwise approved.
8.4 Indent orders will be taken and managed to agreed delivery dates noted on the order documentation.
8.5 We cannot guarantee any delivery dates as our courier service is independent. We do not accept any responsibility for delays to your business that our courier delivery service may cause.
9.1 To the extent permitted by law, Ocean Magnesium is not obliged to accept any goods for return and credit which have been ordered by the Customer. Written notification within 7 days of delivery is required before goods are to be returned. Only goods that are in merchantable condition may be accepted as a return and cartage and handling fees, at Ocean Magnesium’s discretion, may reduce monies credited.
10.1 Property in the goods shall not pass until the Customer has paid all monies owing to Ocean Magnesium in full.
10.2 Ocean Magnesium may without prejudice to any of its rights and without notice retake goods which remain its property and may for that purpose by its servants and agents enter the Customer’s premises or any other place where the goods may be if the Customer suffers one of the following events of default: a) commences to be wound up or place under management, administration or a receiver or receiver and manager is appointed or an encumbrancee takes possession of its undertaking or any part of its property; or b) becomes insolvent or bankrupt or commits an act of bankruptcy or makes an assignment for the benefit of a creditor or makes an arrangement with its creditors; or c) fails to pay the whole or part of the purchase price or transport or other charges for any unit of the goods when due and payable; or d) is in breach of any of these Terms
- CUSTOMER’S RESPONSIBILITY
11.1 The Customer must be satisfied, and without Ocean Magnesium incurring liability to the Customer, that the goods are of a description, quality and character suitable for the purpose for which they are purchased or any other purpose.
11.2 Ocean Magnesium shall not be liable in any way whatsoever for the loss or damage (including direct, indirect, special, general or consequential) whatsoever suffered by the Customer as a result of any act, omission or statement made by Ocean Magnesium its employees, contractors or agents whether negligent or not, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so.
- LIMITATION OF LIABILITY
12.1 To the extent that any legislation permits Ocean Magnesium to limit its liability for the breach of any condition or warranty applying by virtue of that legislation then its liability for any breach shall be limited to the extent permitted and subject to, in the case of goods, one or more of the following as Ocean Magnesium in its absolute discretion determines:
- a) the replacement of the goods or the supply of equivalent goods;
- b) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
All other conditions and warranties which might otherwise be implied by law and which may be excluded are expressly excluded.
- FORCE MAJEURE
13.1 Ocean Magnesium shall not be liable for any failure to perform or delay in performances of the contract by reason of, whether wholly or in part, any circumstances beyond its control.
14.1 The Customer must advise Ocean Magnesium immediately and confirm the notification in writing where the Customer wishes to make a claim in respect to a) any goods supplied; or b) alleged short delivery of goods, within 48 hours of delivery.
14.2 The Customer shall be liable to pay for the full quantity of goods stated on the Company’s delivery dockets if the Customer fails to make a claim under 14.1. Where Ocean Magnesium states that all goods have been supplied all moneys due in respect of those goods shall be paid immediately on the due date for payment.
14.3 Replacements to damaged good reported after 48 hours from delivery will not be replaced. All goods must be checked on arrival after 48 hours they are deemed to be received in good order and correct quantity.
15.1 Retailers are responsible for their own advertising; however Ocean Magnesium must approve any publication advertising of Ocean Magnesium products prior to publication. Each stockist in the event of advertising must include the words “Stockist of Ocean Magnesium Products”
15.2 Ocean Magnesium has the right to withdraw access from any retailer should we feel that our products are being misrepresented.
15.3 No funds will be made available from Ocean Magnesium to promote our products.
15.4 Retailers are responsible for photographing their purchases for resale on the internet. If you do require copies of our images these must be received direct from Ocean Magnesium and not copied without permission.