Terms & Conditions

In the following Terms and Conditions of Supply Toops Wholesale Limited is referred to as "Toops" and the applicant is referred to as "the Customer".

  1. Deliveries
    Toops may make or arrange to make deliveries of Toops products by such means of delivery and in such containers as Toops may select.
  2. Risk and Title
    1. Risk in all goods supplied by Toops shall pass upon the same being delivered.
    2. Ownership of all goods supplied by Toops shall be retained by Toops until the purchase price has been paid in full.
    3. In the event of any non-payment and without prejudice to its other remedies Toops shall be entitled without notice to enter any premises where in its opinion its goods may be stored and recover all goods supplied and not then paid for without in any way being liable to either the Customer or to any other person or company claiming as a result thereof. To this end the Customer irrevocably gives Toops leave and licence for its servants and agents to enter and remain upon any land or premises where in the opinion of Toops its goods may be and to take possession of such goods.
  3. Prices
    Toops may in its absolute discretion increase or decrease its current prices from time to time.
  4. Terms of Payment
    Payment is due on the terms set out in our letter of confirmation, eg. Weekly from the date of the invoice. Interest shall accrue on any invoice not paid by the due date at the rate of 20% per annum calculated from the date of invoice to the date of payment. Toops will be under no obligation to supply any goods where the Customer is in default in respect of any payment or interest thereon.
  5. Returns
    Returns will not be accepted by Toops without any prior approval of a Branch Manager of Toops.
  6. Liability
    The liability of Toops to the Customer shall not in any case exceed the purchase price of the goods in respect of which such liability arises and this limitation shall apply to all liability howsoever arising.
  7. Debt Recovery
    In the event that the Customer shall make any default whatsoever the Customer will pay Toops legal costs (as between solicitor and clients) of and incidental to the enforcement or attempted enforcement of payment by Toops. Toops shall have the absolute right in its discretion to file any proceeding at the District Court at Lower Hutt.
  8. Inability to Supply Product
    Toops shall not be responsible for any loss or inconvenience which may be caused by Toops inability to supply the Customer's requirement for products at any particular time or place.
  9. Termination
    Toops shall be under no obligation to accept any order placed by the Customer and Toops reserves the right to terminate further dealings with the Customer or to withhold the continued supply of goods at any time without being called upon to ascribe any reason therefore.