Terms of service

Utemaster NZ Ltd — Effective from 1 June 2025

1. Definitions

  • Customer — the person or entity placing an order, or anyone acting with authority on their behalf

  • Vendor — Utemaster NZ Ltd or associated entities

  • Goods — any products supplied by the Vendor to the Customer

  • Order — any order placed by the Customer with the Vendor

  • PPSA — Personal Property Securities Act 1999

2. Orders & Acceptance

Orders must be placed in the manner required by Utemaster. Each order constitutes acceptance of these Terms of Trade.

3. Pricing

Prices are subject to change without notice. All orders are charged at the price current at the date of delivery.

Quotations are valid for 30 days from the date of issue, exclude GST unless stated otherwise, and may be revised due to circumstances outside our control.

4. Payment

Unless otherwise agreed, payment is required before delivery.

For account customers, payment is due by the 20th of the month following supply.

Overdue accounts will incur:

  • An administration fee

  • Interest at 2.5% per month, calculated daily until paid in full

  • Any debt collection or legal costs incurred by Utemaster as a result of the default

If a customer defaults on payment, enters insolvency, or is subject to liquidation proceedings, all outstanding amounts become immediately due and Utemaster may cancel any pending orders.

5. Delivery

Delivery will occur at the address specified in the order, or at the customer's address if not stated. Delivery dates are provided in good faith and are not a condition of sale. Utemaster is not liable for delivery delays and the customer may not cancel an order on that basis.

Delivery to a carrier constitutes delivery to the customer.

6. Risk & Ownership

Risk passes to the customer on delivery (or dispatch if the customer arranges freight).

Ownership of goods remains with Utemaster until payment is received in full. Until then, the customer must:

  • Keep the goods identifiable as Utemaster's property

  • Hold them in trust for Utemaster

  • If resold, hold the proceeds in a separate account for Utemaster

If goods are incorporated into other products before payment, Utemaster retains title in the resulting goods as security until payment is made.

7. Recovery of Goods

If payment is overdue, Utemaster may enter any premises where the goods are stored to recover them, and may resell them and apply the proceeds to the outstanding balance. Any shortfall remains the customer's liability.

8. Returns & Cancellations

Orders may not be cancelled except as permitted under these terms.

Goods correctly supplied cannot be returned without prior written consent. A restocking fee may apply. No credit will be given for goods returned in a damaged or dirty condition, or not in their original packaging.

Faulty or incorrectly supplied goods — refer to the Warranty section below.

9. Warranties

Our product warranty terms are set out separately in our [Warranty Terms]. Claims for defective goods must be made within 7 days of delivery.

Where goods are acquired for business purposes, the guarantees under the Consumer Guarantees Act 1993 are excluded to the extent permitted by sections 2 and 43 of that Act.

10. Liability

Utemaster's liability is limited to the value of the goods supplied. We are not liable for any consequential, indirect, or other losses arising from the supply of goods, whether in contract, tort, or otherwise.

11. Customer Responsibilities

The customer is responsible for:

  • Ensuring goods are suitable for their intended purpose

  • Obtaining any required permits or consents for installation and operation

  • Compliance with all applicable legislation and regulations

Dimensions and specifications in catalogues or other materials are estimates only.

12. Personal Property Securities Act (PPSA)

These terms constitute a security agreement creating a security interest in favour of Utemaster over all goods supplied (past and future). The customer agrees to:

  • Execute any documents required to register a financing statement on the PPSR

  • Provide 14 days' notice of any changes to their name or contact details

  • Not register a financing change statement without Utemaster's written consent

The customer waives certain rights under the PPSA to the extent permitted by law, including under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132.

13. Default

All amounts become immediately due and Utemaster may suspend or terminate these terms if the customer:

  • Has a receiver or liquidator appointed

  • Enters voluntary liquidation or makes arrangements with creditors

  • Becomes insolvent or unable to pay debts as they fall due

14. Disputes

Any dispute will first be referred to mediation. If not resolved within 30 days, either party may take legal action. This does not prevent Utemaster from pursuing debt recovery or seeking injunctive relief at any time.

15. General

  • These terms constitute the entire agreement between the parties and supersede all prior arrangements

  • If any provision is unenforceable, the remaining provisions continue in full force

  • Utemaster may amend these terms on 14 days' written notice

  • These terms are governed by the laws of New Zealand

  • Utemaster may assign any debt owing to it to a third party

16. Privacy

By placing an order, the customer authorises Utemaster to collect, retain, and use their information to assess creditworthiness, provide services, and for marketing purposes. This information may be shared with credit reporting agencies where relevant. Customers may request access to their information or ask for corrections at any time.

This is consistent with the requirements of the Privacy Act 2020.

Contact

Utemaster NZ Ltd Phone: 0800 683 352 Email: sales@utemaster.com.au