TERMS & CONDITIONS

 

Conditions of Trade

Terms and conditions apply to all transaction made within, The Metal Company trading as S Fisher and Sons Ltd. This includes all orders placed online, by telephone, fax, post or by any other means. The Metal Company reserves the right to change these terms and conditions at any time.

You acknowledge and agree that all information you have supplied to The Metal Company is true and accurate. We take no responsibility for any consequences in false or misleading information given to us. By placing an order with us you agree fully to our terms and conditions. Payment must be made in full before any goods are shipped. If you are paying by credit card, the transaction will occur at the time you place your order irrespective of when the products are ordered and sent. Based on stock availability we reserve the right to limit the number of items customers can purchase in a single transaction. We reserve the right to reject an order for any reason if a product is unavailable or there is an error in the pricing or description posted on our website or in your order.

The prices of our products are shown on the product list on the site at the time you place your order. We cannot guarantee that prices on our website correspond to the purchase prices of our products in-store. The Metal Company is not required or obliged to match any prices for its products available through our website or in-store and vice versa.

The information published by The Metal Company is indicative for customers as to common products available. No representation, warranty or guarantee is indicated in relation to any information, products, or services outlined. While every effort has been made to complete this with accuracy, no responsibility is taken for any errors or misleading information. Recommendations and measurements are for guidance only, The Metal Company reserve the right to change or update any of the content without notice. If any dimensions are critical to your end use, it is important that you contact us prior to ordering goods to confirm.

The Metal Company will not tolerate copying, adapting or storing retrieved information from our website this also includes the uploading, transmitting or distributing of data or material without prior written consent.

Terms and Conditions of Trade Accounts

All credit sales made by The Metal Company (“The Company”) to the customer are subject to the following conditions:

The Customer authorises the Company to make enquiries of third parties to supply and disclose information in order to assess the Customer’s application for credit.
After processing and approval of the Customer’s application, a credit limit will be discussed and fixed, and the Customer’s indebtedness to the Company should not exceed this limit. Any purchase that would have the effect of causing the limit to be exceeded should be discussed with the Company prior to lodgement.
Unless otherwise agreed in writing by the Company, full payment for the goods supplied shall be due within the terms authorised on the credit application form.
The Company may charge interest at the rate of 2.5% per month on all overdue accounts, calculated from the date on which payment was due until the date of actual payment.  The Customer will pay all the cost of the Company (e.g. Debt collector’s fee) for the purpose of obtaining payment of any monies owing to it or enforcing the company’s right, powers and remedies under these terms of business.
The credit limit may be increased when a satisfactory payment record has been achieved.
The Company may refuse to supply any further goods and/or grant further extensions of credit while any overdue amounts owing to the Company remain unpaid.
The Company may withdraw credit facilities at any time without notice.
Returns apply to Trade Accounts only. Goods returned for credit are unable to be accepted without obtaining a Return Authority. Returned goods must be unused with the original packaging and proof of purchase. Goods must be returned to The Metal Company within 7 days of dispatch from The Metal Company for full credit to apply. A 20% handling charge will incur on goods returned between 7-14 days. All procured, cut or fabricated goods are non-returnable. Goods are non-returnable after 14 days. S Fisher & Sons Ltd’s liability is limited to the cost of replacement of any products supplied by it so that its total liability will not exceed the price of the goods. All returns are at the discretion of S Fisher & Sons Ltd.
Payment terms are strictly 20th of the month following the date of Invoice, unless otherwise stated, i.e. 7 days or cash on delivery.
Risk in the goods shall pass at the time of delivery and the Customer shall insure (and keep insured) the goods.
For the purposes of the Privacy Act 1993, the customer authorises the Company to obtain information regarding the Customer’s credit from credit agencies.
Property and ownership in the goods will not pass to the Customer but will remain in the Company until payment in full of the purchase price of the goods and all other amounts owing to the Company by the Customer.  This creates a security interest in the goods supplied to you under the Personal Property Securities Act 1999 (“PPSA”).  We may at any time enter your premises to uplift goods that we have a security interest in.  If goods that we have a security interest in are processed included or dealt with in any way causing them to become accessions, processed or co-mingled goods, our security interest will continue in the whole in which they are included.  You shall not grant any other security interest or any lien in either the goods or in the whole.  You waive any rights you have under Sections 114(1) (a), 116, 120(2), 121, 125-127, 129, 131, 133, 134 of the PPSA.  You waive your right to receive a copy of a verification statement.
Any disputed goods or invoices must be advised in writing within 7 days of receipt of goods. Payment to be made to us without set off or deduction of any kind.
The Customer will immediately notify the Company of any change in the ownership of the Customer or the ability to pay the Customer’s debts as and when they fall due.
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you require the goods from us for the purposes of business in terms of Section 2 and 43 of that Act. Except to the extent that the law prevents us from excluding liability, we shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including negligence), or otherwise and whether such loss or damage arises directly or indirectly from the goods provided by us to you.  Not withstanding this, if we are found liable, our liability is limited to the price of the goods purchased by you.

Terms and Conditions of Cash Accounts

All cash sales made by The Metal Company (“The Company”) to the customer are subject to the following conditions:

Unless otherwise agreed in writing by the Company, full payment for the goods supplied shall be due prior to possession of goods.
The Company may charge interest at the rate of 2.5% per month on all overdue accounts, calculated from the date of Invoice until the date of actual payment.  The Customer will pay all the cost of the Company (e.g. Debt collector’s fee) for the purpose of obtaining payment of any monies owing to it or enforcing the company’s right, powers and remedies under these terms of business.
Returns apply to Trade Accounts only. Goods returned for credit are unable to be accepted without obtaining a Return Authority. Returned goods must be unused with the original packaging and proof of purchase. Goods must be returned to The Metal Company within 7 days of dispatch from The Metal Company for full credit to apply. A 20% handling charge will incur on goods returned between 7-14 days. All procured, cut or fabricated goods are non-returnable. Goods are non-returnable after 14 days. S Fisher & Sons Ltd’s liability is limited to the cost of replacement of any products supplied by it so that its total liability will not exceed the price of the goods. All returns are at the discretion of S Fisher & Sons Ltd.
Risk in the goods shall pass at the time of delivery and the Customer shall insure (and keep insured) the goods.
By completing this form you have agreed that S Fisher & Sons Ltd’s can record Farmlands card and/or credit card information.
Guarantees Act 1993 are excluded where you require the goods from us for the purposes of business in terms of Section 2 and 43 of that Act. Except to the extent that the law prevents us from excluding liability, we shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including negligence), or otherwise and whether such loss or damage arises directly or indirectly from the goods provided by us to you.  Not withstanding this, if we are found liable, our liability is limited to the price of the goods purchased by you.

Privacy and Legal Policies

The following outlines how The Metal Company (www.themetalcompany.co.nz) collects, uses and protects your personal information:

Information collected: When registering for our newsletter, promotions and product updates, placing enquiries or orders, or registered an online account we collect your name, contact and other details.
Use of information: By submitting this information you are accepting that The Metal Company may use this information for the following purposes: That we may email you our newsletter, and promotions, and updates. That your data is stored on databases managed by The Metal Company.