1. DEFINITIONS

1.1 “Swinnock Industries” shall mean Swinnock Industries Limited, or any agents or employees thereof.
1.2 “Client” shall mean the Client, any person acting on behalf of and with the authority of the Client, or any person purchasing products and services from Swinnock Industries.
1.3 “Goods” shall mean:
1.3.1 all Goods of the general description specified on the front of this agreement and supplied by Swinnock Industries to the Client; and
1.3.2 all Goods supplied by Swinnock Industries to the Client; and
1.3.3 all inventory of the Client that is supplied by Swinnock Industries; and
1.3.4 all Goods supplied by Swinnock Industries and further identified in any invoice issued by Swinnock Industries to the Client, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 all Goods that are marked as having been supplied by Swinnock Industries or that are stored by the Client in a manner that enables them to be identified as having been supplied by Swinnock Industries; and
1.3.6 all of the Client’s present and after-acquired Goods that Swinnock Industries has performed work on or to or in which goods or materials supplied or financed by Industrial Equipment have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Goods and Services” shall mean all goods, products, services and advice provided by Industrial Equipment to the Client and shall include without limitation the design, importing, manufacture, exporting, supply, installation, repair and maintenance of pneumatic tyred wheels, castors, conveyors, materials handling equipment and all other associated products and services and all charges or any fee or charge associated with the supply of Goods and Services by Swinnock Industries to the Client.
1.5 “Price” shall mean the cost of the Goods and Services as agreed between Swinnock Industries and the Client and includes all disbursements eg charges Swinnock Industries pay to others on the Client’s behalf subject to clause 4 of this contract.

 

2. ACCEPTANCE

2.1 Any instructions received by Swinnock Industries from the Client for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.

 

3. COLLECTION AND USE OF INFORMATION

3.1 The Client authorises Swinnock Industries to collect, retain and use any information about the Client, for the purpose of assessing the Client’s credit worthiness, enforcing any rights under this contract, or marketing any Goods and Services provided by Swinnock Industries to any other party.
3.2 The Client authorises Swinnock Industries to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Client is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

 

4. PRICE

4.1 Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Swinnock Industries at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Swinnock Industries between the date of the contract and delivery of the Goods and Services.

 

5. PAYMENT

5.1 Payment for Goods and Services shall be made in full on or before the 20th day of the month following the date of the invoice (“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Swinnock Industries in the enforcement of any rights contained in this contract shall be paid by the Client, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 A deposit may be required.

 

6. QUOTATION

6.1 Where a quotation is given by Swinnock Industries for Goods and Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Swinnock Industries reserves the right to alter the quotation because of circumstances beyond its control.
6.2 Where Goods and Services are required in addition to the quotation the Client agrees to pay for the additional cost of such Goods and Services.

 

7. RISK

7.1 The Goods and Services remain at Swinnock Industries’s risk until delivery to the Client.
7.2 Delivery of Goods and Services shall be deemed complete when Swinnock Industries gives possession of the Goods and Services directly to the Client or possession of the Goods and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Client.

 

8. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)

8.1 Title in any Goods and Services supplied by Swinnock Industries passes to the Client only when the Client has made payment in full for all Goods and Services provided by Swinnock Industries and of all other sums due to Swinnock Industries by the Client on any account whatsoever. Until all sums due to Swinnock Industries by the Client have been paid in full, Swinnock Industries has a security interest in all Goods and Services.
8.2 If the Goods and Services are attached, fixed, or incorporated into any property of the Client, by way of any manufacturing or assembly process by the Client or any third party, title in the Goods and Services shall remain with Swinnock Industries until the Client has made payment for all Goods and Services, and where those Goods and Services are mixed with other property so as to be part of or a constituent of any new Goods and Services, title to these new Goods and Services shall deemed to be assigned to Swinnock Industries as security for the full satisfaction by the Client of the full amount owing between Swinnock Industries and Client.
8.3 The Client gives irrevocable authority to Swinnock Industries to enter any premises occupied by the Client or on which Goods and Services are situated at any reasonable time after default by the Client or before default if Swinnock Industries believes a default is likely and to remove and repossess any Goods and Services and any other property to which Goods and Services are attached or in which Goods and Services are incorporated. Swinnock Industries shall not be liable for any costs, damages, expenses or losses incurred by the Client or any third party as a result of this action,nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Swinnock Industries may either resell any repossessed Goods and Services and credit the Client’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and Services and credit the Client’s account with the invoice value thereof less such sum as Swinnock Industries reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
8.4 Where Goods and Services are retained by Swinnock Industries pursuant to clause 8.3 the Client waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
8.5 The following shall constitute defaults by the Client:
8.5.1 Non payment of any sum by the due date.
8.5.2 The Client intimates that it will not pay any sum by the due date.
8.5.3 Any Goods and Services are seized by any other creditor of the Client or any other creditor intimates that it intends to seize Goods and Services.
8.5.4 Any Goods and Services in the possession of the Client are materially damaged while any sum due from the Client to Swinnock Industries remains unpaid.
8.5.5 The Client is bankrupted or put into liquidation or a receiver is appointed to any of the Client’s assets or a landlord distrains against any of the Client’s assets.
8.5.6 A Court judgment is entered against the Client and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Client.

 

9. PAYMENT ALLOCATION

9.1 Swinnock Industries may in its discretion allocate any payment received from the Client towards any invoice that Swinnock Industries determines and may do so at the time of receipt or at any time afterwards and on default by the Client may reallocate any payments previously received and allocated. In the absence of any payment allocation by Swinnock Industries, payment shall be deemed to be allocated in such manner as preserves the maximum value of Swinnock Industries’s purchase money security interest in the Goods and Services.

 

10. GENERAL LIEN

10.1 The Client agrees that Swinnock Industries may exercise a general lien against any Goods and Services or property belonging to the Client that is in the possession of Swinnock Industries for all sums outstanding under this contract and any other contract to which the Client and Industrial Equipment are parties.
10.2 If the lien is not satisfied within seven (7) days of the due date Swinnock Industries may, having given notice of the lien at its option either:
10.2.1 Remove such Goods and Services and store them in such a place and in such a manner as Swinnock Industries shall think fit and proper and at the risk and expense of the Client; or
10.2.2 Sell such Goods and Services or part thereof upon such terms as it shall think fit and apply the proceeds n or towards discharge of the lien and costs of sale without being liable to any person for damage caused.

 

11. DISPUTES AND RETURN OF GOODS

11.1 No claim relating to the Goods and Services will be considered unless made within seven (7) days of delivery.
11.2 No Goods will be accepted for return without the prior consent of Swinnock Industries.

 

12. LIABILITY

12.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Swinnock Industries 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 Swinnock Industries, Swinnock Industries’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.
12.2 Except as otherwise provided by clause 12.1 Swinnock Industries shall not be liable for:
12.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods and Services by Swinnock Industries to the Client, including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by Swinnock Industries to the Client; and
12.2.2 The Client shall indemnify Swinnock Industries 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 Swinnock Industries or otherwise, brought by any person in connection with any matter, act, omission, or error by Swinnock Industries its agents or employees in connection with the Goods and Services.

 

13. WARRANTY

13.1 Manufacturer’s warranty applies where applicable.

 

14. COPYRIGHT AND INTELLECTUAL PROPERTY

14.1 Swinnock Industries, owns and has copyright in all designs, specifications, goods, products, documents and software produced by Swinnock Industries in connection with the Goods and Services provided pursuant to this contract and the client may use the Goods and Services only if paid for in full and for the purpose for which they were intended and supplied by Swinnock Industries.

 

15. CONSUMER GUARANTEES ACT

15.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Goods and Services from Swinnock Industries for the purposes of a business in terms of section 2 and 43 of that Act.

 

16. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES

16.1 If the Client is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Swinnock Industries agreeing to supply Goods and Services and grant credit to the Client at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Swinnock Industries the payment of any and all monies now or hereafter owed by the Client to Swinnock Industries and indemnify Swinnock Industries against non-payment by the Client. Any personal liability of a signatory hereto shall not exclude the Client in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Client shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.

 

17. MISCELLANEOUS

17.1 Swinnock Industries shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
17.2 Failure by Swinnock Industries to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Swinnock Industries has under this contract.
17.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.



THE SUPERMARKET FOR MATERIALS HANDLING EQUIPMENT

Our Core
Values

Our Core Values

A Family Business Philosophy Prevails

There is an inimitable and special alchemy in the mix with a family owned company. Like the DNA of its owners, the blueprint of the business is completely distinct, and when it inherits the founders’ characteristics of resilience, hard-work, integrity and efficiency, it stands to mature into a competitive entity.

Great Prices

Offering equitable price points for its services, rather than chasing unrealistic, unsustainable bottom-of-the-barrel prices, has resulted in being able to continually innovate with the corollary of this position being great products. A comprehensive range of wheels, castors, conveyors and trolleys are supplied to a nationwide network of business clients through four branches located throughout New Zealand.

“For Us”

Unequivocally, it has always been about the people in our business and our customers. We don’t purport to be the cheapest; for us it is about striking a competitive balance between excellent customer service, cost and quality. We don’t compromise on any of these propositions and we never will,” CEO Peter Blackett explains.

Our Commitment

“We are very committed to looking after our staff and bringing them on the journey with us. We have exceptionally talented and committed staff members, with about 50 percent of them who have been with us over 15 years, and some more than 25. We’re proud of our low staff turnover and consider it a testament to the culture we have created.