Terms & Conditions of Sale ("Terms of Trade")
Podi NZ Limited is a Wholesale Distributor, in New Zealand.
Bike pricing shown on this site should be used as a guide only. Prices represent the Recommended Retail Price (RRP) in New Zealand Dollars, inclusive of 15% GST.
Contact your preferred Specialist E-Bike dealership to obtain up to date Consumer Retail pricing, availability and specifications for each bike.
The RRP value may change at any time depending on currency fluctuation, factory pricing changes, or changes to shipping costs, taxes & charges, or other reasons beyond our control.
Podi NZ Limited accepts no responsibility or liability for any discrepancy between the prices listed, and the price charged by Retail shops.
Every endeavour is made to keep the details current. However Podi NZ Limited is not responsible for any inaccuracies or changes which may occur in the RRP values listed, or any other Bike specifications listed.
If you have any concern regarding the accuracy or quality of any information provided, please contact us so that we can rectify it immediately.
PODi NZ Limited (TERMS OF TRADE)
By ordering Bikes/Goods from Podi NZ Limited (Podi NZ), you (Customer) agree the following Terms of sale shall apply to the supply of those Bikes/Goods and to any quotation or estimate given, by or on behalf of Podi NZ. These Terms replace any previous arrangements or understandings relating to supply by Podi NZ.
Unless otherwise specifically agreed in writing by Podi NZ, where any Terms of the Customer’s order or any request for supply are inconsistent with these Terms, then these Terms will prevail. Any variations or additions to these Terms not expressly agreed in writing by Podi NZ are expressly rejected by Podi NZ.
- `The Customer is liable for all purchases made in its account name. It is not Podi NZ’s responsibility to confirm authority for the purposes of supplying or delivering Bikes/Goods to the Customer or its agents. It is the sole responsibility of the Customer to ensure there is no unauthorised use of its account.
- It is the Customer’s responsibility to obtain every necessary or prudent authorisation (including licences, permits and consents) to buy, possess, use, export, import or resell any Bikes/Goods.
- Podi NZ may at any time withdraw, suspend or alter the Customer’s credit or purchase facilities at any time without notice at its sole discretion. Any such change to the Customer’s credit or purchase facilities, will not release either the Customer or the Guarantor(s) from any liability whatsoever.
QUOTATIONS / ORDERING
- A price quotation or prices shown on the Podi NZ web merchandising site will not constitute an offer to sell Bikes/Goods to the Customer. No contract for the supply of Bikes/Goods shall exist between Podi NZ and the Customer until a Customer’s order for Bikes/Goods has been accepted by Podi NZ (such acceptance of Customer’s orders may be made and communicated by Podi NZ in writing, orally or by an overt act of acceptance). Each accepted order shall constitute a separate contract.
- All quotes and pricing, unless expressly stated otherwise, are based on rates and charges in effect at the date of issue. Any increase in the costs of any items (including change in currency exchange rates) affecting the cost of supply, and/or delivery of the Bikes/Goods will be added to the price of the Bikes/Goods payable by the Customer.
- The Customer may cancel an order accepted by Podi NZ, provided that;
- a) Reasonable written notice (which may be by email to the email address of the Podi NZ representative) is given.
- b) The above mentioned notice is received prior to dispatch from the Podi NZ or it’s suppliers.
- c) The Bikes/Goods form part of Podi NZ’ standard stock in it’s NZ Warehouse, and are not part of special orders.
In the event that dispatch has already occurred, then Podi may at it’s discretion accept the Bikes/Goods as a return, provided the Bikes/Goods are returned in the identical original packaged condition they were shipped. In such case the Customer accepts full responsivity for both outwards and return shipping costs, and all associated warehouse dispatch and reception costs. All such costs will be passed to the Customer for immediate settlement, and deducted from any credit owed.
- If the Customer requires a variation to an order (including for any changes in quantities, or specifications) the Customer acknowledges such variation may result in a delay in delivery of the Bikes/Goods or an increase in the price specified in the order.
- Bikes/Goods are offered subject to availability at the time of order.
PRICING AND PAYMENT
- The price of the Bikes/Goods will be the price current on the Podi NZ Merchandise site (less any agreed discount) at the date of Delivery of the Bikes/Goods, unless otherwise expressly agreed in writing by Podi NZ.
- Unless stated otherwise in writing, all prices are inclusive of any GST (and other taxes and duties (if any) payable on the Bikes/Goods and such taxes are payable by the Customer.
- Podi NZ may vary its pricing from time to time without notice to the Customer. Any variation will be effective from the date specified by Podi NZ and will apply to all orders accepted by Podi NZ on or after that date.
- The price of the Bikes/Goods includes the cost of standard delivery as determined by Podi NZ. Should the customer specify a different delivery requirement, such costs and arrangements become the full responsibility of the Customer.
- Unless the Customer has a valid credit account with Podi NZ, payment for the Bikes/Goods (together with any other amounts owing to Podi NZ) must be made by electronic funds transfer in cleared funds prior to Delivery.
- Where purchases of Bikes/Goods are charged to a valid credit account, then payment is due in full in cleared funds within 14 days of the date of invoice.
- Any deposit required by Podi NZ will be paid immediately by the Customer upon the making of an order and, unless otherwise specified on the deposit terms, is non-refundable.
- Payment of all monies owing to Podi NZ must be made free of any counterclaim, set-off, deduction or other claim whatsoever. Podi NZ may deduct or withhold any amount (whether by way of set off, counterclaim or other equitable or lawful claim or otherwise) from any money owing by Podi NZ or any Related Company, to the Customer on any account whatsoever.
- Podi NZ may allocate any payment made by or on behalf of the Customer to the account and/or payment of any Bikes/Goods as it sees fit and the Customer waives any right to receive notification of that allocation.
- If full payment for the Bikes/Goods is not made by the due date for payment, the Customer will pay, at Podi NZ discretion (and without prejudice to any other rights or remedies it may have), on demand, default interest on the amount outstanding at the rate of 18% per annum (calculated on a daily basis until the account is paid in full) and all expenses and costs (including legal costs on a solicitor and client basis) incurred by or on behalf of Podi NZ recovering or attempting to recover the overdue amount.
- Unless otherwise agreed in writing, delivery of the Bikes/Goods will be deemed to be effected upon the transfer of possession of Bikes/Goods to the Customer (or its representative or carrier) at Podi NZ’ premises, or where Podi NZ has agreed to deliver the Bikes/Goods, upon the unloading of Bikes/Goods by Podi NZ at the curb side at the Customer’s delivery address.
- Any times quoted for delivery are estimates only and Podi NZ will not be liable for any delay in Delivery, whether or not beyond its control. Late Delivery does not entitle the Customer to cancel any order or part order or to refuse to accept Delivery.
- Where Podi NZ has agreed to deliver the Bikes/Goods, the Customer must provide adequate safe and unobstructed access for Delivery and adequate facilities for unloading and storage of Bikes/Goods (including in compliance with the Health & Safety in Employment Act 1992 and Hazardous Substances and New Organisms Act 1996, as applicable). If required by the Customer or a representative to drive on to a property, neither Podi NZ nor any of its carriers accept responsibility for any damage that may result to either the property or the Bikes/Goods.
- If the Customer fails or refuses to take delivery of the Bikes/Goods at an agreed delivery time, any liability or cost incurred by Podi NZ as a result of the refusal or delay in delivery shall form part of the Secured Indebtedness and shall be paid immediately by the Customer upon demand. Unless Podi NZ has agreed to deliver the Bikes/Goods, any Bikes/Goods not uplifted by the Customer after 90 days of Delivery may be sold or otherwise disposed of by Podi NZ and all sale proceeds may be retained by Podi NZ without any obligation to account to the Customer.
Where by arrangement the Customer is uplifting the Bikes/Goods from the Podi NZ authorised Warehouse Operations location, it must ensure that it and its employees and agents comply with all Podi NZ or it’s contracted Warehouse Operator’s health and safety policies made known to it, or as directed by Podi NZ staff or Warehouse representatives from time to time.
- The Bikes/Goods will be deemed accepted upon Delivery unless the Customer notifies Podi NZ in writing of any defects, errors or discrepancies within 7 days of Delivery, provided Podi NZ is able to inspect the Bikes/Goods to confirm the defect, error or discrepancy, or if Podi NZ accepts other evidence provided by alternatively agreed means.
- Podi NZ is not under any obligation to accept returns. However, Podi NZ at its absolute discretion, may allow the Customer to return new Bikes/Goods to the Podi NZ Warehouse, provided such Bikes/Goods were purchased within the previous three months, have not been used, and remain in re-saleable as-new condition. A return fee will apply including the cost of round trip Transportation, Outwards and Inwards Warehouse & Logistics fees, and an Administration fee, will apply.
WARRANTIES AND LIABILITY
- Where the Customer is a “Consumer” under the CGA and acquires any Bikes/Goods, or holds itself out as acquiring Bikes/Goods, for the purposes of a “Business” (as those terms are defined in the Consumers Guarantee Act) then to the fullest extent permissible by law, Podi NZ and the Customer agree the CGA and any other applicable consumer law is hereby excluded.
Otherwise, where the Customer is a “Consumer” these Terms are to be read subject to the terms of the CGA.
- Subject to clause 27, and to any express warranties given by Podi NZ (or the manufacturer of the Bikes/Goods) to the Customer in writing, all conditions, warranties, descriptions, representations and statements as to fitness or suitability for any purpose, workmanship, tolerance to any conditions, merchantability or otherwise, express or implied, are expressly excluded to the fullest extent permitted by law.
- The sale of any Bikes/Goods shall not, unless expressly agreed in writing, give the Customer the right to use, sell, disseminate or duplicate any Podi NZ trademark, copyright, design or any other intellectual property right or Trademark related to either Podi NZ, or any of the Bikes/Goods/Brands distributed by Podi NZ.
- Podi NZ will not be liable in respect of Bikes/Goods that have been tampered with or modified without Podi NZ approval or which have been stored in an improper manner.
- For Bikes/Goods that the Customer is entitled to reject (pursuant to clause 26) or Podi NZ liability for breach of a non-excludable condition, warranty or any other liability, is limited at Podi NZ’ option to:
(a) repairing the Bikes/Goods;
(b) replacing the Bikes/Goods; or
(c) refunding the price of the Bikes/Goods.
- To the fullest extent permitted by law, Podi NZ has no liability to the Customer or any of its agents or employees for any physical, or special damage, direct loss, indirect loss, economic loss of any kind (including loss of profits and expectation loss), any other loss or costs (including legal and solicitor/client costs) caused or contributed to by Podi NZ or any of its agents or employees in respect of any Bikes/Goods or Services supplied or any quotation or estimate given. Without limiting the foregoing, Podi NZ has no responsibility or liability for any dangerous good(s) or any contaminant, ozone depleting or hazardous substance in or emitted by any Bikes/Goods.
- Note that Bikes are delivered to NZ customers with European Specification Brake configuration. It is a specific requirement of these Terms & Conditions that the customer ensure that the Brakes when fitted to all bikes, are done so fully in accordance with NZ Laws and standards. Specifically this means the Front and Rear Brake lever handlebar locations must be reversed right to left & vice versa, prior to delivery to the user. Such adjustments are to be completed at the time of final assembly, at the customers expense. The customer assumes all liability for any subsequent failure to complete this vital safety task. In addition, the following terms apply to safety:
(a) all Bikes/Goods are handled and used in accordance with any safety directions or guidance notes which are supplied with the Bikes/Goods;
(b) any safety features of the Bikes/Goods are not interfered with, modified or disabled;
(c) all Bikes/Goods are used under appropriate supervision and with appropriate training;
(d) any staff or agents using or handling the Bikes/Goods are instructed to comply with subclauses (a), (b) and (c); and (e) it informs Podi NZ if there is any suspected design or manufacturing fault that may affect the safety of the Bikes/Goods in a work place or under normal use.
- The Customer acknowledges that:
(a) failure to comply with clause 32 may invalidate any express warranty given by Podi NZ;
(b) Podi NZ does not warrant or represent the suitability of any good, service, design, person or organisation for the Customer’s use;
(c) the Customer shall be responsible for ensuring that all and any instructions, recommended uses, applications and installations methods are followed and any cautions and/or warnings observed;
(d) where any recommendation or advice has been given by or on behalf of Podi NZ, Podi NZ will not be responsible for the actual implementation of the recommendation or the advice or the actions or performance of any other party.
PRODUCTS DISTRIBUTED BY PODI NZ
(A) The Bikes/Goods will be deemed accepted unless the Customer notifies Podi NZ in writing of any shortfall, defect or error within 7 days of Delivery. Such notice must include a detailed Defect report signed by the Customer and delivered to an authorised representative of Podi NZ who has the opportunity to inspect the Bikes/Goods if required.
(B) The Customer is solely responsible for (and has full liability in respect of) ensuring the particular Bikes/Goods specified in the Customer’s order are built-up by a suitably trained Mechanic, according to the accompanying specifications, and are suitably tuned for the riding environment in which they will be operated.
(C) Podi NZ will not accept any claims for remedial work unless a written remedial works sheet has been completed, accepted and signed by the Customer (or the Customer’s customer) and a Podi NZ representative who has inspected the relevant Bikes/Goods.
(D) Further Terms may apply as set out in the Podi NZ order for Bikes/Goods.
- When the Customer on-sells Bikes/Goods distributed by Podi NZ it will:
(a) not give any express guarantees or make any representations on behalf of Podi NZ’ or any related manufacturer of the Bikes/Goods, without Podi NZ’ written consent;
(b) advise its customers to comply with clause 32 (to the extent relevant); and
(c) contract out of the CGA (and any other consumer law) to the extent permissible by law effectively and in writing whenever the Bikes/Goods are on-sold for the purposes of the Customer’s customer’s business.
- The Customer is solely responsible for the accurately building the bike according to the manufacturers specifications and any other information supplied by (or on behalf of) the Manufacturer;
(a) under no circumstances will Podi NZ be liable for any errors or discrepancies in the Bike build process undertaken by the Customer, or in any subsequent tuning or after sales service interventions.
(b) to the maximum extent permitted by law Podi NZ expressly excludes all warranties, guarantees, representations or conditions as to fitness for purpose, time of completion, standard of workmanship or otherwise (whether or a like nature or not) and whether express or implied by law, trade custom or otherwise;
(c) further Terms may apply and will be advised by Podi NZ at the time; and
(d) Podi NZ liability for breach of a non-excludable condition or warranty is limited to the price paid for the services.
OWNERSHIP AND RISK
- Ownership of the Bikes/Goods (whether or not any of the Bikes/Goods have been paid for by the Customer) shall not pass to the Customer until the Customer has paid all of the Secured Indebtedness and all the Customer’s obligations to Podi NZ or any Related Company in respect of the Bikes/Goods or otherwise have been met.
- Until ownership of the Bikes/Goods passes to the Customer, the Customer must:
(a) hold the Bikes/Goods on trust for Podi NZ as bailee;
(b) store the Bikes/Goods safely and in such a way that clearly identifies the Bikes/Goods as the sole property of Podi NZ and shall not relinquish possession or remove the Bikes/Goods from the Customer’s premises except in the ordinary course of business;
(c) only use or sell the Bikes/Goods in the ordinary course of business. This authority is revoked immediately if an Event of Default occurs;
(d) insure the Bikes/Goods against all usual risks for full replacement value. Any insurance claims in respect of damage to, or destruction of, the Bikes/Goods are hereby assigned by the Customer to Podi NZ.
(e) disclose to Podi NZ all information reasonably required regarding the Bikes/Goods and any on-sale of the Bikes/Goods by the Customer;
(f) inform Podi NZ immediately of any attempt by any third party to exercise remedies against the Bikes/Goods or of any circumstances that may jeopardize Podi NZ’ interest in the Bikes/Goods;
(g) not do or allow to be done anything that might contribute to a deterioration in the value of the Bikes/Goods or otherwise adversely affect Podi NZ’ security in the Bikes/Goods.
- The risk of any loss or damage to, or deterioration of, the Bikes/Goods due to any cause whatsoever will pass to the Customer on Delivery. If any Bikes/Goods are damaged or destroyed prior to risk passing to the Customer, Podi NZ may promptly repair the Bikes/Goods or cancel the order in respect of those Bikes/Goods without penalty or compensation to the Customer.
- If the Customer fails to pay for the Bikes/Goods in full by the due date for payment, or if Podi NZ considers the Bikes/Goods are “at risk” (in accordance with the PPSA) Podi NZ may (in addition to any other rights or remedies it may have) enter the Customer’s premises (or any other premises which the Customer has access to and where the Bikes/Goods are stored) at any time, without notice, to view the Bikes/Goods and to remove the Bikes/Goods and may resell the Bikes/Goods or retain the Bikes/Goods for the benefit of Podi NZ or any Related Company, without incurring any liability to any person. The Customer may not revoke the permission granted in this clause.
- Podi NZ may at any time collect, hold and use information relating to this credit application for any purpose connected with its business including (but not limited to) direct marketing, debt recovery, credit reporting or assessment, and to register any security interest, including collecting information from, and disclosing information to, Related Companies, external credit reporting agencies, debt collection agencies, trade referees and other third parties. Information disclosed by Podi NZ to credit reporting agencies will be disclosed on the basis that it will be held and used by such agencies to provide credit reporting services. Under the Privacy Act 1993, individuals have rights to access to, and request correction of, their personal information by contacting a Podi NZ Representative.
- The Customer, any director signing on behalf of the Customer and any Guarantor authorises Podi NZ to collect, hold and use information from any person or entity for any of the above purposes, and for such person or entity to disclose information to Podi NZ, and the Customer further authorises Podi NZ to disclose information to any person or entity for any of the above purposes and such person or entity to collect, hold and use information from Podi NZ.
REVIEW OF TERMS
- Podi NZ may vary these Terms at any time by publishing the varied terms on the Podi NZ website (www.Podi NZ.co.nz). Bikes/Goods ordered after the date of the publication of the varied terms will be subject to the variation and the placing of the order shall be deemed to be an acceptance of such varied Terms.
- These Terms will be governed by the laws of New Zealand. The Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the New Zealand courts.
- The illegality, invalidity or unenforceability of a provision of these Terms will not affect the legality, validity or enforceability of another provision.
DEFINITIONS AND INTERPRETATION
- DEFINITIONS: In these Terms, unless the context requires otherwise:
(a) CGA means the Consumer Guarantees Act 1993;
(b) Customer means the party(s) stated in the credit application form as the customer (together with its successors), or any other person whose order for the purchase of Bikes/Goods is accepted by Podi NZ. If the Customer comprises more than one person, each of those person’s liability and agreement is joint and several. Where the Customer is a trust, the trustees liability shall not be limited to the assets of the trust;
(c) Delivery means delivery of the Bikes/Goods in accordance with clause 20;
(d) GST means any amounts levied or charged pursuant to the Bikes/Goods and Services Tax Act 1985;
(e) Podi NZ means the relevant Podi NZ Limited Entity stated in the credit application form and its successors and assigns.
(f) Related Company has the meaning given to it in the Companies Act 1993, and in relation to Podi NZ will include any other entity and/or person authorised to trade under the name Podi NZ;
(g) Services means any services performed by Podi NZ (its employees, agents or subcontractors) as part of supplying the Bikes/Goods, including Installation Services and estimation and design services;
(h) Terms means these Terms of sale, as amended from time to time by Podi NZ in accordance with clause 43.
(a) Any reference to a time or time period is deemed to mean that the time or time period is of the essence.
(b) Headings used do not form part of these Terms and are for convenience only.
(c) References to any statutory provision include any statutory provision which amends or replaces it, and
any by law, regulation, order, statutory instrument, determination or subordinate legislation made under it.