Terms & Conditions of Sale

BLUE MIST HOLDINGS LIMITED DBA  EQUI-STILL PORTABLE EQUINE STOCKS

TERMS AND CONDITIONS OF SALE

  1. DELIVERY

The Vendor undertakes to complete delivery by the specified date subject to any unforeseen occurrences or unavailability of material.   However, in any event the Vendor shall not be liable for any direct or consequential loss, loss of earnings or damage arising from non-delivery or late delivery.

  1. AVAILABILITY OF PRODUCT

The Vendor shall at all times endeavour to secure product in accordance with the specification, but the Vendor shall not be bound to fulfil the contract should product be unobtainable through no fault of the Vendor.

  1. PRICE

The price as quoted shall remain good for thirty days from date of quotation, subject to any general increase or decrease in wages and materials occurring during the period from the date of quotation to the date of delivery when the price may be adjusted accordingly.

  1. ALTERATION TO SPECIFICATION

In the event of it being necessary to alter the design and/or specification to any material extent, the Vendor shall advise the Purchaser and obtain his consent.

  1. WARRANTY

BLUE MIST HOLDINGS LIMITED DBA EQUI-STILL PORTABLE EQUINE STOCKS (hereinafter: EQUI-STILL) warrant new “EQUI-STILL” product to be free from defects in material and workmanship under normal use and service for which it was intended when properly set up. Our obligation under this Warranty being limited to making good at our factory any part or parts thereof which shall be returned to us with transportation charges prepaid, and which our examination shall disclose to our satisfaction to have been thus defective, provided that such part or parts shall be returned to us not later than One Hundred and Eighty Two (182) days after delivery to the original Purchaser of a new product.  Used “EQUI-STILL” product is sold as-is, where-is, although we do our best to ensure product is fit for purpose when it leaves our site.  No allowance will be granted for any repairs or alterations made by the purchaser without EQUI-STILL’S written consent. Components and materials supplied, purchased, and fitted to the goods shall be covered by the original equipment manufacturer’s warranty.

This Warrant does not apply to damage caused by undue overloading, misuse, neglect, or accident, nor does it apply to equipment which has been repaired or altered outside our factory in any way.

EQUI-STILL or its servants or agents under no circumstances shall be liable for any claim for personal injury, property damage, consequential or contingent loss or damage whatever or howsoever caused.

EQUI-STILL shall not be liable for indirect or consequential loss or damage due to delay to stoppages of machinery however caused.

  1. PAYMENT

Prices are quoted as cash ex works, Waihi, unless otherwise agreed upon in writing prior to delivery. Delivery is the responsibility of the purchaser.

  1. INSURANCE

The Purchaser is responsible for insuring goods from the date and time a) they are picked up by purchaser from our property or b) leave our property for delivery.

  1. OWNERSHIP

NEW PRODUCT

The ownership in new product delivered is retained by BLUE MIST HOLDINGS LIMITED, DBA EQUI-STILL PORTABLE EQUINE STOCKS until full payment has been received for the goods by the due date and if payment is not made by the due date, EQUI-STILL shall, without prejudice to other remedies, be entitled to retake possession of the goods and hold them until payment has been received, or to resell the goods, as well as to retain the full deposit. Where the goods become constituents of other goods, then EQUI-STILL shall retain property in the combined goods in proportion to EQUI-STILL’s goods which form part of the combined goods. If an order is cancelled any time, EQUI-STILL shall, without prejudice to other remedies, be entitled to retain permanently the deposit already paid and to resell the goods.

USED PRODUCT

The ownership in used product, (including but not limited to: used, second-hand, or ex-demonstrator product, hereinafter called USED PRODUCT) is retained by BLUE MIST HOLDINGS LIMITED, DBA EQUI-STILL PORTABLE EQUINE STOCKS until:

  1. date of delivery of REPLACEMENT PRODUCT (That new product being manufactured to replace the EQUI-STILL USED PRODUCT, hereinafter called REPLACEMENT PRODUCT) and  date of  completion of any essential or contracted refurbishment, safety checks, and current WOF (whichever comes later) on the linked/related USED PRODUCT to replace a) a USED PRODUCT for other new-product purchasers, as agreed prior to used-product purchase or b) a demonstration product for EQUI-STILL. Ownership of the USED product does not transfer until this time, whether or not full payment has been made. Delivery of the second-hand product will always be conditional upon the delivery of new replacement product to the new-product owner, whether that new owner is a purchaser of a new EQUI-STILL product or whether the new owner is EQUI-STILL itself, and
  2. Full payment has been received for the goods by two days after the date on the signed EQUI-STILL PORTABLE EQUINE STOCKS SALES AGREEMENT. If payment is not made by this due date, EQUI-STILL shall, without prejudice to other remedies, be entitled to keep or retake possession of the goods and hold them until payment has been received, or to resell the goods, as well as to retain the full deposit or purchase price.

9. CUSTOMER SUPPLIED GOODS AND SERVICES

Where the customer supplies goods and/or services to the Vendor, the Vendor will at no time be responsible for any delays in delivery should those goods and/or services be delivered late.  In the case of the late supply of customer supplied goods and/or services, BLUE MIST HOLDINGS LIMITED DBA EQUI-STILL PORTABLE EQUINE STOCKS reserves the right to amend or change the delivery date shown on the agreement, commensurate with the delay.