All payments shall be made by the 14th day after the invoice unless otherwise arranged in advance and confirmed in writing by The Customer.
MANTA PERFORMANCE NZ LIMITED reserves the right to withdraw or refuse credit facilities or to require payment of a deposit before delivery.
Interest shall be paid at 5% per month calculated on a monthly basis on all outstanding amounts from the date on which the payment was due until actual date of payment.
Any expenses, disbursements and costs (22% flat rate collection fees plus any legal cost) incurred by MANTA PERFORMANCE NZ LIMITED in the event of customer default are payable by the customer
Payment by bill of exchange or cheque shall not be deemed payment until the bill of exchange or cheque has been paid by the customer’s banker and credited to MANTA PERFORMANCE NZ LIMITED bank account.
MANTA PERFORMANCE NZ LIMITED reserves the right to change the price
“Services” shall include all labour, parts, expenses and sub-contractors’ services supplied by MANTA PERFORMANCE NZ LIMITED to you.
All invoices rendered shall include services provided.
All product prices exclude freight charges unless otherwise specified and advised in writing to the customer.
MANTA PERFORMANCE NZ LIMITED reserves the right to levy a freight surcharge where urgent delivery is requested by the customer.
Under the Carriage of Goods Act all claims for loss of or damage to goods must be made on the carrier within 30 days from the date of invoice.
Goods shall only be returned to MANTA PERFORMANCE NZ LIMITED with its prior written consent and within 14 days after delivery.
Should MANTA PERFORMANCE NZ LIMITED discover that there is not a material defect in the goods, MANTA PERFORMANCE NZ LIMITED may charge the customer a handling fee.
Goods not returned in accordance with the above may be rejected by MANTA PERFORMANCE NZ LIMITED .
All costs for the return or delivery of the goods shall be payable by the customer.
Tuning tools and tunes are not eligible for returns.
All services supplied shall be deemed to have been supplied when notified by MANTA PERFORMANCE NZ LIMITED . If you claim that some services have not been supplied or rendered, you must notify MANTA PERFORMANCE NZ LIMITED within fourteen (14) days of notification of supply.
Any claim by you must be made in writing.
Delivery of goods shall be deemed to be effected by MANTA PERFORMANCE NZ LIMITED delivering the goods to the delivery address nominated by the customer, whether or not the customer is present at the time of the delivery to acknowledge receipt.
Any claim that goods are not as specified or are not delivered as stated in MANTA PERFORMANCE NZ LIMITED invoice must be made to MANTA PERFORMANCE NZ LIMITED in writing within fourteen (14) days of delivery.
Goods will not be accepted for return for credit without MANTA PERFORMANCE NZ LIMITED prior approval.
Title in any goods supplied by MANTA PERFORMANCE NZ LIMITED passes to the customer only when the customer has made payment in full for all goods provided by MANTA PERFORMANCE NZ LIMITED and of all other sums due to MANTA PERFORMANCE NZ LIMITED by the customer on any account whatsoever. Until all sums due to MANTA PERFORMANCE NZ LIMITED by the customer have been paid in full, MANTA PERFORMANCE NZ LIMITED has a security interest in all goods.
The customer grants to MANTA PERFORMANCE NZ LIMITED a personal property security in the goods (by virtue of the Retention of Title clause in these terms) and all goods previously supplied by MANTA PERFORMANCE NZ LIMITED to the customer (if any) and all after acquired goods supplied by MANTA PERFORMANCE NZ LIMITED to the customer.
The customer agrees to:-
In the event the customer refuses to comply with its obligations under the above clause, then by signing this document the customer grants to MANTA PERFORMANCE NZ LIMITED power of attorney to sign all documents giving MANTA PERFORMANCE NZ LIMITED a personal property security in the goods.
If the goods are attached, fixed or incorporated into any property of the customer, by way of any manufacturing or assembling process by the customer or any third party, title in the goods shall remain with MANTA PERFORMANCE NZ LIMITED until the customer has made payment for all goods and where those goods are mixed with other property so as to be part of or a constituent of any new products, title to these new products shall be deemed to be assigned to MANTA PERFORMANCE NZ LIMITED as security for the full satisfaction by the customer of the full amount owing between MANTA PERFORMANCE NZ LIMITED and the customer.
The customer gives irrevocable authority to MANTA PERFORMANCE NZ LIMITED to enter any premises occupied by the customer or on which products are situated at any reasonable time after default by the customer or before default if MANTA PERFORMANCE NZ LIMITED believes a default is likely and to remove and repossess any goods and any other property to which goods are attached or in which goods are incorporated. MANTA PERFORMANCE NZ LIMITED shall not be liable for any costs, damages, expenses or losses incurred by the customer or third party as a result of this action, nor liable in contract or in tort or in otherwise in any way whatsoever unless by statute such liability cannot be excluded. MANTA PERFORMANCE NZ LIMITED may either resell any repossessed goods and credit the customer’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 credit the customer’s account with the invoice value less such sum as MANTA PERFORMANCE NZ LIMITED reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
These terms of trade shall apply to all goods and services sold to the customer.
If any provisions of these terms are unenforceable, that term will be deemed modified to the extent necessary to make it enforceable or if modification is impractical, the provision will be deemed deleted but without affecting the remainder of these terms.
These terms may only be varied by the written agreement of MANTA PERFORMANCE NZ LIMITED .
Any notice required to be served by either party shall deemed to have been properly served if left at or posted in a pre-paid letter addressed to the other party at the place of business or residence of such party and any service by post shall be deemed to have been effected when the letter containing such notice would have been delivered in the ordinary course of post.
These terms shall be governed by and construed in accordance with the laws of New Zealand.
The customer shall immediately upon receipt of goods supplied fully inspect such goods and satisfy itself that the goods are correct. If the customer is unsatisfied, the customer must immediately contact MANTA PERFORMANCE NZ LIMITED and communicate all details of such dissatisfaction. Unless the above procedure is followed MANTA PERFORMANCE NZ LIMITED is entitled to assume that the goods supplied are correct and no returns claims for refunds will be permitted or made.
In accordance with the Privacy Act 1993 the customer authorises MANTA PERFORMANCE NZ LIMITED to obtain such information as it may require in response to their enquiries from any source in order to determine the customer’s credit worthiness and to be used as a guide concerning credit limits.
MANTA PERFORMANCE NZ LIMITED will set a credit limit and reserves the right to alter the credit limit from time to time.
I customer consents to you MANTA PERFORMANCE NZ LIMITED collecting, using and disclosing my personal information for the following purposes:
Where MANTA PERFORMANCE NZ LIMITED supplies the goods and services to the customer for the customer’s use in a business for the purpose of the business, the customer agrees that the Consumer Guarantees Act does not apply. Where MANTA PERFORMANCE NZ LIMITED supplies the product and services to a customer as a “consumer” as defined in the Consumer Guarantees Act for a non-business purpose, the Consumer Guarantees Act will apply and prevail over any contrary provision in these terms and conditions.
The customer must notify MANTA PERFORMANCE NZ LIMITED in writing within five days of receipt of any disputed invoice. The notification must quote the relevant invoice number and must include all the necessary details of the reason the invoice is being disputed. Should the customer fail to notify MANTA PERFORMANCE NZ LIMITED of any dispute, defect or damage within five days of receipt of the invoice, the customer shall be deemed to accepted the invoice and shall pay that invoice according to the terms and conditions contained in this document.
Each party agrees to always keep the other party’s confidential material confidential and not to use the confidential material for any purpose other than for the purpose for which it was supplied or copy or reproduce any of the confidential material in any way except whether disclosure is necessary to enable goods or services to be used under lease or where the party that owns the confidential material has consented to disclosure.
On request each party will ensure that any confidential material (including any copies) that it possesses or controls and that belongs to the other party is returned to that other party.
Confidential material means:-
MANTA PERFORMANCE NZ LIMITED and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:-
Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.
MANTA PERFORMANCE NZ LIMITED is entitled at any time to assign to any other person all or any part of the debt owing by the customer to MANTA PERFORMANCE NZ LIMITED .
MANTA PERFORMANCE NZ LIMITED reserves the right to review any of these terms at any time. Any change will take effect on the next transaction following the date on which MANTA PERFORMANCE NZ LIMITED notified the customer of such change.
The customer acknowledges that MANTA PERFORMANCE NZ LIMITED is the sole owner of all intellectual property including business know how, ideas, methodologies, routines, systems and processes relating to or arising, directly or indirectly, out of the goods and services that MANTA PERFORMANCE NZ LIMITED supplies to the customer or developed or contributed to by MANTA PERFORMANCE NZ LIMITED in relation to any information, fault, repair or documentation that is supplied to the customer or as a result of MANTA PERFORMANCE NZ LIMITED performing services or any other work for the customer.
The conditions below are related to the MANTA PERFORMANCE NZ LIMITED tiered pricing structure for dealers in New Zealand.
We reserve the right to clarify or alter any part of these terms and conditions or withdraw the MANTA PERFORMANCE NZ LIMITED Dealer Program at any time.
