Terms and Conditions
OUR DUTY OF CARE
The following information is provided in the best of interest of you our customer and our staff.
LOADING OF VEHICLES OR TRAILERS
Customers are advised that no responsibility is accepted by Downs Sand Gravel & Landscaping Supplies for any loss, damage or injury suffered as a result of loading limits that apply to their vehicle or trailer and that they accept responsibility for any loss, damage or injury suffered as a result of loading or overloading howsoever caused.
HAZARDOUS COMPOST, POTTING MIXES AND OTHER ORGANIC GARDENING MATERIALS
(This notice appears on all bags of potting mixes, compost and soils sold into supermarkets and nurseries by responsible manufacturers. It even applies to natural soils and compost found in the average garden.)
These products are made from organic materials, including composted pine bark and contains living micro-organisms, including bacteria, fungi and protozoa. They may also contain material and fertilizer additives.
Inhalation of dust and or liquid mist may irate, inflame or sensitise the nose, throat and lungs resulting in illness ranging from hay fever or asthma, to pneumonia (e.g.: Legionnaire’s disease) or pneumonia like illness. Direct contact with this material or its dust and or liquid mists (bio aerosols) may cause skin irritation (dermatitis) and skin or eye infection or irritation. People particularly at risk are those suffering from asthma or allergies and those whose immune defence systems are compromised.
Avoid contact with eyes and skin. Avoid breathing dust and or liquid mist (bio aerosols). Wear suitable protective clothing and standard duty gloves (AS 2161). If exposed to dust and or liquid mist also wear dust resistant eye protection (AS NZS 1336) and particulate respirator (AZ NZS 1715 and 1716). Wash thoroughly immediately after handling. Wash work clothes regularly. Clean up well by sweeping or vacuuming. Store this product in a cool location.
Follow above safety precautions and collect in containers for disposal as trade waste in accordance with local authority guidelines.
TERM AND CONDITION
These Terms and Conditions of Trade (the terms and conditions” shall apply to the exclusion of all others and any Terms and Conditions of the Purchaser (whether on the Purchase Order or otherwise) which are contrary for inconsistent with the Terms and Conditions shall not apply nor shall they constitute a counter offer or variation or wavier of the Terms and Condition, No goods will
be supplied by Downs Sand Gravel & Landscape Supplies (hereafter called DSGL) on any term
other than those set out in the Terms and Conditions and by making applications for credit or taking delivery of the goods, the Purchaser shall be deemed to irrevocably agree that the Terms and
Condition shall apply to the exclusion of all others.
1. A Purchaser seek to purchase good on credit must complete a DSGL application for credit.
2. The terms upon which a credit account may be granted and operated are subject to change by DSGL without notice.
3. The amount invoiced must be paid in full within agreed terms (standard 30 days from Statement).
4. Interest at the rate of 15% per annum will be charged on any account which remains outstanding after agreed term.
5. DSGL reserves the right to take the following action against the Purchaser in the event of the Purchaser failing to comply with the terms of the credit account granted by DSGL in favour of the Purchaser to withhold supply and dispose of any goods which are the subject of the Purchase Order to institute legal proceedings for the recovery of outstanding amounts and costs incurred by DSGL to terminate the credit account.
6. DSGL shall not be liable to the Purchaser for any loss or damage resulting directly or indirectly from the action specified in Clause 5.
7. Property of any goods supplied by DSGL in the event of non-payment for the goods or if application for the winding up of the Purchaser is filed for some other form of insolvency administration is commenced. DSGL is irrevocably authorised to enter the Purchaser’s premises and remove such goods which are owned by DSGL and the Purchaser shall be liable for the costs incurred by DGSL in exercising the right of retrieval including all legal costs on a solicitor client basis and shall not be liable to the Purchaser for any loss or damage caused by DSGL in exercising this right of retrieval.