Terms of service
Purchasing products from Liberty (“we”, “us”) or by using our website, the purchaser (the "customer", "you", "your"), agrees to the following Terms of Trade (the "Terms"). The use of a wholesale account and this website shall constitute acceptance of these Terms of Trade. You acknowledge our policies and our right to discontinue servicing accounts at our discretion.
WHOLESALE CUSTOMERS
To the extent permitted by law, business customers agree that where products are purchased for the purpose of business use that the Consumer Guarantees Act or equivalent consumer protection legislation does not apply.
PAYMENT
Wholesale account payments are strictly cash sale terms or 20th of the month following invoice terms. Payment for the first order may be required prior to dispatch of that initial order, thereafter payment is to be made on or before the 20th day of the following month. If the customer fails to pay in full on due date Liberty reserves the right to charge the customer 5% interest calculated monthly or part thereof from the due date. The customer shall be liable for all costs of collection and legal fees incurred in recovering amounts payable to Liberty. The customer acknowledges that they are liable for all costs of collection and legal fees incurred in recovering amounts payable to Liberty.
CLOSING AN ACCOUNT
The customer may close their account, provided that the whole sum owing, plus interest if applicable, previously incurred is paid to Liberty. The whole of the amount of credit outstanding shall become immediately due and payable to Liberty.
Liberty reserves the right to terminate an account at any time.
OWNERSHIP OF GOODS
Ownership of goods supplied by Liberty to a customer shall pass when such goods are delivered to the customer or in to custody on the customer’s behalf (including a Freight Company) responsible for delivery of goods to the customer, but ownership, both equitable and legal, in such goods is retained by Liberty until full payment is made for such goods and/or for all other goods supplied by Liberty to the customer. If such goods are sold by the customer prior to payment for such goods, then the proceeds of sale thereof shall be the property of Liberty. While any monies are outstanding by the customer to Liberty, the customer grants to Liberty the free and uninterrupted right to enter the premises of the customer during normal business hours to uplift any goods which have been delivered by Liberty to the customer.
PLACING ORDERS
Orders may be placed by email, through our wholesale website, or via an authorised sales agent.
There is no minimum order value however orders that are not deemed to satisfy the right to trade pricing may be refused.
SALE OF GOODS
All sales are final. Liberty does not accept returns or exchanges. All goods are quality control checked before being shipped to the customer. On delivery of the goods, the customer shall check the quantity, quality and description of the goods delivered against the description on the delivery slip(s) and the customer’s own order records, and shall notify Liberty of any alleged deficiency or irregularity in quantity, quality or description within 5 days from the date of delivery. Should such notice not be given within that time, the goods actually delivered shall be deemed to be in accordance with the delivery slip and the customer’s own order records, and the customer shall not thereafter be entitled to make any claim or take any action in relation to any alleged deficiency in the quantity, quality and description of the goods delivered and the customer shall not be entitled to claim that the goods delivered were not those ordered by the customer.
DEFECTIVE ITEMS
Defective item(s) will only be replaced when Liberty has been notified within 5 days of the original delivery being received. Liberty may request that any alleged defective item(s) be returned to Liberty for assessment and the shipping costs are the care of the customer. If Liberty accepts that item(s) are defective then the item(s) will be replaced. If the item(s) are out of stock Liberty will only issue a credit note on the customer’s account. Any defective item(s) and whether they are replaced are at the sole discretion of Liberty.
DELIVERY OF GOODS
Wholesale orders are normally shipped in 1-2 business days. If there are items that are not in stock but inventory is due in, we may hold the order so it can ship complete. Items that are out of stock will not be placed on backorder and they will be removed them from the sales order.
Standard shipping rates apply for all orders unless otherwise in advance agreed.
FORCE MAJEURE
Liberty is not liable to the customer for failure to deliver of any goods where such failure arises from or is a result of war or civil disturbances, strike, lock-out, fire, acts of nature or any other catastrophic or unexpected occurrence beyond Liberty’s control.
PRICING
Prices are subject to change without notice. All wholesale prices exclude GST.
Every item has a recommended retail price (RRP). We kindly ask that retailers abide by the RRP as a minimum retail price.
INTELLECTUAL PROPERTY
The sale of the goods by Liberty to the customer does not confer any right or licence to the customer to use or exploit in any way any intellectual property rights existing or relating to the goods of which Liberty is the proprietor or to which Liberty is otherwise entitled.
ADDRESSING
If a product is found to be misaddressed by Liberty then Liberty shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Liberty will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.
SECURITY
Liberty uses reasonable endeavours to ensure our website, and any transactions conducted on it, are secure. However, you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Liberty will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).
SPECIAL OFFERS
Special deals and offers on our website are only valid for so long as they are displayed, unless expressly stated otherwise. During times of special promotion, only one discount code/coupon code can be redeemed online per order. If a special promo discount is applied to an order we reserve the right to revoke this discount if the order invoice is not paid in full by the due date.
PRICING ERRORS
Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase and/or recall the item(s) sent to the customer.
CANCELLING ORDERS
Liberty reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Liberty believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you however we will refund the purchase price to you (where it has already been paid).
GST
For New Zealand delivery addresses, all wholesale prices are New Zealand GST exclusive unless otherwise stated. Each party is responsible for paying its own taxes arising out of any transactions between the parties.
SITE ACCESS
On request, Liberty grants access to view and download the content appearing on our website. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Liberty, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.
COPYRIGHT & TRADEMARKS
You agree that the content you access, view or download on this site remains the property of Liberty or its Licensors as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.
STOCK AVAILABILITY
In order to provide the greatest range of products, you understand that Liberty does not stock all products listed in a single warehouse. All items sold by the Liberty are subject to availability and Liberty reserves the right not to accept or cancel any order for products that are out of stock. At times goods delivered may differ slightly to the product images presented on this site. Out of stock items are not placed on backorder unless otherwise agreed to by Liberty. In the event that an item(s) is agreed to be placed on back-order you accept that it can take up to eight (8) weeks on back-order to land products in the country. Once an order has been received from you and the products are on back-order, you accept that your order cannot be cancelled and full payment is required.
DELIVERY
Liberty aim to dispatch orders within 24 hours. Orders are not dispatched on weekends or public holidays. All consignments are shipped by tracked courier and a signature is required on delivery. Once an order is dispatched, estimated delivery is 2-3 working days (4-6 working days for ‘rural address’ deliveries). We do not send orders to a Post Box.
LINKED SITES
Our website may contain links to other websites operated by third parties. Liberty is not liable for those sites or any content or information such sites contain.
COMMUNICATIONS
By submitting your details or creating an account with Liberty you consent to receiving electronic communications from Liberty. These communications may include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please read our Privacy Policy.
DISCLAIMER
Liberty would like to welcome you to register for access to our website; we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer. The information on this website is provided "as is" and for general information only. Liberty has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Liberty does not guarantee that the website will always operate or be error free. Accordingly, to the maximum extent permitted by law, Liberty does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site.
CONSUMERS GUARANTEE ACT
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Liberty which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Liberty, Liberty’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
LIABILITY
Except as otherwise provided in this clause Liberty shall not be liable for: Any loss or damage of any kind whatsoever, arising from the supply of goods by Liberty to the customer, including consequential loss whether suffered or incurred by the customer, another person or to any animal, and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from goods provided by Liberty to the customer, and the customer shall indemnify Liberty against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of liberty or otherwise, brought by any person in connection with any matter, act, omission, or error by Liberty its agents or employees in connection with the goods. If Liberty is found by a competent authority to be liable for any loss, damage or injury suffered by the customer, animal or third parties, the customer agrees that such liability shall be limited to the amount of the purchase price of the goods in respect of which the loss or damage is claimed and shall be in lieu of any liability that might otherwise be claimed.
Failure to exercise, or delay in exercising, any right by Liberty, or the granting of time or any other indulgence to the customer shall not otherwise prejudice Liberty’s rights pursuant to these Terms of Trade and Conditions. Any waiver by Liberty of any breach by the customer shall not affect Liberty’s entitlement to exercise its rights at any future time.
The customer shall indemnify Liberty against any loss of or damage to property, data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer.
CHANGES
Liberty reserves the right to alter or amend these Terms of Trade at any time, without notice. The altered or amended terms will be effective from the date they are posted on the website www.liberty.co.nz. The customer shall be deemed to have accepted any alteration and/or amendment if the customer orders any goods after the date the altered or amended terms are posted on the website. No variation or counteroffer of these Terms of Trade or to any alteration and/or amendment Liberty may from time to time make to them will be accepted by Liberty.
If any provision of these Terms of Trade is held to be illegal or invalid, it shall be deemed deleted to the same extent and effect as if it had never been incorporated in these Terms of Trade. All other provisions shall continue in force.
These Terms and Conditions of Trade will be governed by and construed in accordance with the laws of New Zealand.