Product Supply Terms and Conditions
1. When these Terms and Conditions Apply
- These Terms and Conditions apply whenever Allied Petroleum Limited (“Allied”) makes online sales of lubricants (the “Product”) to the Customer via the Website.
- These Terms and Conditions can only be changed:
- By Allied giving written notice to the Customer in which case the changes will only apply to orders placed after the notice; or
- By written agreement between Allied and the Customer.
- Where Allied has entered into any other agreement with the Customer, such as an Allied Petroleum Limited Specific Product Order Agreement, Allied Petroleum Equipment Supply Agreement, Allied Fuel Card Agreement, or Allied Merchant Agreement, those agreements apply as well.
- However, where Allied has entered into more than one agreement with the Customer, and there is a conflict between them, Allied may determine which agreement prevails.
- The following definitions apply in these Terms and Conditions:
Allied means Allied Petroleum Limited.
Customer means the person who purchases Products from Allied.
Product has the meaning at clause 1.1.
3. Ordering- The Customer may order the Product via the Website or by using another order method accepted by Allied.
- Allied does not have to accept an order. A change to an order will not have any effect either unless Allied agrees to it.
- Allied may, at any time, correct any error in an order, quote, invoice, statement or related document.
- The price for the Product will be the rates specified on the Website at the time the order is placed.
- The prices displayed on the Website are in New Zealand Dollars (NZD) and include Goods and Service Tax (GST) of 15%.
- Allied may review its prices from time to time.
- The Customer must pay for the Product via the Website at the time the order is placed
- The Customer must pay for the Product using one of the payment methods available when the Customer is directed to make payment on the Website.
- Please refer to Allied’s Shipping and Delivery Policy which can be found here: Shipping and Delivery Policy – Mobil Lubricants.
- Title to the Product passes to the Customer when all amounts payable (from time to time) by the Customer under these Terms and Conditions have been paid.
- Risk in the Product passes to the Customer on delivery.
- Neither party will be obliged to perform, nor liable for any failure to perform an obligation under these terms if it is not able to do so because of anything beyond its reasonable control, such as an act of God, industrial disturbance, war, Government action, pandemic, transport delay, shortage, or breakdown.
- Allied may give the Customer some information about the Product and what it might be used for. If Allied does this, it will be passing on information it has received from other people. Allied does not carry out any tests or independently verify that information to see if it is correct. Therefore, Allied does not accept liability for any inaccuracy or omissions in the information.
- This means the Customer uses the Product at its own risk. If the Customer wishes to check that the Product is suitable for it or anyone else to use it should check with the vehicle or equipment supplier or manufacturer.
- The Customer acknowledges that copyright in any documents about the Product (or otherwise) Allied gives the Customer remains with the owner.
- Allied warrants that it will (subject to clause 8 (Ownership)) give the Customer full ownership of the Product and that the Product meets the NZ standards required by law.
- Allied will stand by those warranties but does not give any other warranties, conditions, or guarantees, or make any other representations about the Product.
- Therefore, all the implied warranties, conditions and guarantees in the Part 3 of the Contract and Commercial Law Act 2017 or any other legislation are excluded to the extent allowed by law.
- The Customer acknowledges that the Product is being purchased for business purposes. The Customer agrees that the provisions of the Consumer Guarantees Act 1993 are excluded and acknowledges that Part 3A of the Credit Contracts and Consumer Finance Act 2003 does not apply.
- The Customer agrees that the following limitations of liability apply. The Customer acknowledges that Allied takes them into account when determining the price of the Product.
- Allied’s total liability, in the aggregate, for all claims for any loss, damage, liability, or costs that the Customer or anyone else suffers or incurs in connection with the Product (including delivery of it) is limited to, five times the price paid by the Customer for the Product in the preceding 12 months from the date of the breach in question, up to a maximum of $100,000.
- This limitation of liability applies regardless of how the claims arise including a breach of these Terms and Conditions, breach of any legislation, or for any tort such as negligence.
- However, where Allied is insured for a claim, the limitations of liability in this part do not apply to the extent that Allied is indemnified and receives payment in respect of the claim under Allied’s own insurance policy (to the intent that Allied’s entire liability will then be equal to the amount it receives under its insurance policy).
- A waiver of a party’s right under these Terms and Conditions will not be effective unless it is in writing.
- Neither party may assign its rights or obligations under these Terms and Conditions without the prior written consent of the other party (such consent not to be unreasonably withheld).
- These Terms and Conditions are governed by the laws of New Zealand.