Who we are

Industrial Brake & Track LIMITED (IBT):

Our website address is: https://www.industrialbrake.nz.

Our Address is:

P O Box 167-66

Hornby

Christchurch

Head Office

5 John Morten Place

Rolleston

Christchurch.

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INDUSTRIAL BRAKE NZ LIMITED – CONDITIONS OF SALE [Goods]
1. Interpretation
1.1 These conditions of sale are entered into on behalf of and are intended to
bind and be for the benefit of the Supplier and the Supplier ‘s successors and
assigns.

1.2 In these conditions:
“Supplier” means INDUSTRIAL BRAKE NZ LIMITED.
“buyer” means the person, firm or company buying the goods from the Supplier
or the credit account applicant.
“goods” means the goods being purchased by the buyer from the Supplier which
are the subject of the contract and “personal property” has the same meaning.
“contract” means the contract between the Supplier and the buyer for the
purchase of the goods and any orders made in accordance with clause 2.
“contract price” means the price of the goods as agreed between the Supplier
and the buyer, subject to any variation in accordance with clauses 3 or 4.
“person” includes a corporation, association, firm, Supplier, partnership or
individual.
1.3 Headings are used as a matter of convenience only and shall not affect the
interpretation of these conditions.

2. Orders
2.1 The buyer must place orders in accordance with the estimated price list
provided by the Supplier from time to time.
2.2 Orders will be subject to approval and acceptance by the Supplier.
2.3 Any variation, waiver or cancellation of the buyer’s order has no effect unless
agreed to in writing by the Supplier.

3. Price
3.1 The price contained in the contract is based upon rates and costs as at the
date of the contract or where the contract arises from a quotation or estimated
price list given by the Supplier, as at the date of quotation or estimated price list
of materials, transport, labour, customs duty, insurance and other rates and
costs. The price may be increased by the amount of any increase in the cost of
any such items or any other factors between the above-mentioned date and the
date of delivery.
3.2 All orders received for fifty dollars or less (excluding GST) will incur a service
charge of $6.00 each order.

4. Taxes and Duties
4.1 Unless expressly included in any estimate or quotation given by the Supplier,
sales tax, goods and services and other taxes, duties assessed or levied in
connection with the supply of the goods to the buyer are not included in the price
and are the responsibility of the buyer or, whether or not the Supplier or buyer is
liable at law, the price will be increased by the amount of such taxes or duties
payable as at the delivery date.

5. Payment
5.1 Subject to any provision to the contrary in the contract, all payments for
goods are due (without deduction) on the 20th of the month following the date of
delivery of the goods in accordance with clause 7 or the date the Supplier
invoices the buyer for the goods (time being of the essence), whichever is the
earliest.
5.2 Any additional payments due by the buyer pursuant to any of the provisions
of the contract must be paid at the time provided in the contract or, if no time is
provided, within 7 days of payment being demanded in writing by the Supplier
(time being of the essence).
5.3 If the Supplier at any time deems the credit of the buyer to be unsatisfactory,
it may require security for payment and may suspend performance of its
obligations under the contract until the provision of sufficient security. All costs
and expenses of or incurred by the Supplier as a result of such suspension and
any re-commencement are payable by the buyer upon demand.
5.4 The buyer is not entitled to withhold payment or to make any deductions from
the contract price without the prior written consent of the Supplier.
5.5 Receipt of a cheque, bill of exchange, or other negotiable instrument by the
Supplier whether before or after judgement will not constitute payment and the
buyer remains liable for the full contract price until such cheque, bill of exchange,
or negotiable instrument is paid in full.
6. Interest For Late Payment
6.1 Interest at the Supplier’s bank base rate plus 5% per annum calculated on a
daily basis is payable on any moneys outstanding under the contract from the
date payment was due until the date payment is received by the Supplier whether
before or after judgement but without prejudice to the Supplier’s other rights in
respect of non-payment or late payment.

7. Delivery
7.1 Delivery is to be made at the place indicated in the contract or, if no place is
indicated in the contract, delivery is to be made at the buyer’s premises. If the
buyer fails or refuses or indicates to the Supplier that it will fail or refuse to take or
accept delivery, then the goods are deemed to have been delivered when the
Supplier was willing to deliver them.
7.2 Where the buyer requests a carrier, other than a contracted carrier to the
Supplier, the Supplier must approve the alternate carrier. The Supplier reserves
the right, in its reasonable discretion, to withhold such approval.
7.3 The Supplier reserves the right to deliver the goods by instalments and each
instalment is deemed to be a separate contract under the same provisions as the
main contract. Should the Supplier fail to deliver or make defective delivery of
one or more instalments this shall not entitle the buyer to repudiate the main
contract.
7.4 Without prejudice to any other rights and remedies which it may have, the
Supplier may charge storage and transportation expenses if the buyer fails or
refuses to take or accept delivery at the time specified in the contract or at any
other times as the Supplier is able to deliver the goods.
7.5 The Supplier will use its best endeavours to deliver the goods on or before
the estimated delivery date but time of delivery shall not be of the essence and
the Supplier will have no liability to the buyer if there is a delay whatsoever.

8. Inspection
8.1 Within 7 days of the date of delivery, the buyer must inspect the goods and
inform the Supplier of any shortfall or damage to them. If the buyer does not the
buyer will be deemed to have accepted the goods as complying with its order and
the Supplier will be under no liability to the buyer.
8.2 In respect of any shortfall the Supplier’s liability to the buyer is limited to
making up that shortfall.
8.3 In respect of any damage to the goods (except damage caused by the buyer
including marked or shop soiled goods), the Supplier’s liability to the buyer is
limited to either replacing the goods or (at it’s discretion and if the goods are
capable of repair) repairing them.

9. Risk
9.1 Risk of any loss, damage or deterioration of or to the goods is to be borne by
the buyer from the date of delivery of the goods.

10. Retention of Title
10.1 The legal and equitable ownership of the goods supplied will remain with the
Supplier until payment has been made in full of the purchase price for the goods,
and of all moneys for the time being due and owing to the Supplier.
10.2 If the goods have been mixed with or incorporated into other goods or
products so that it is impossible or impracticable to remove the goods supplied
then the Supplier will be co-owner of the mixed goods or new products in
proportion to the contribution made by the Supplier’s goods to the mixed goods or
new products.
10.3 If the buyer resells the goods, regardless of any period of credit, before
payment is made of all sums owing (or payment simply incorporating those
goods) to the Supplier, then:
a. As between the buyer and its purchaser, the buyer is a principal and not the
agent of the Supplier.
b. The buyer will pay all proceeds of sale of the goods to its account with the
Supplier, and the buyer will pay or deal with the proceeds in accordance with any
directions given by the Supplier. This will occur whether the account is in credit or
debit at the relevant time.
c. Until the buyer accounts to the Supplier, the proceeds of sale are deemed to
be held by the buyer in trust for the Supplier.
d. The Supplier is entitled to demand that the buyer exercise all of its available
rights to enforce payment by the person or persons to whom the goods have
been or will be sold or supplied. However, that will not affect any other rights and
remedies of the Supplier as against the buyer.
10.4 If default is made in the payment of the purchase price of the goods or of the
other money referred to, the Supplier may repossess the goods and dispose of
them as it sees fit, may stop any further deliveries, and may cancel any contract
with the buyer. For the purposes of repossession the Supplier and its agents are
irrevocably authorised to enter any premises of the buyer or any third party and
the buyer agrees to indemnify the Supplier and its agents for any liability arising
from any act or trespass committed by such entry. If before or after default the
goods are incorporated in other goods, but in either case remain identifiable and
can be removed (with or without damage to the goods or other things) the
Supplier’s right of removal shall not be extinguished by their being so
incorporated or attached.
10.5 The buyer will store the goods, until payment or their resale, in such a way
as clearly to indicate that they are the Supplier’s goods.

11. Delay
11.1 If the supply or delivery of the goods is delayed by reason of or as a result of
any act, omission, default or request by or on behalf of the buyer, the Supplier
may, without prejudice to its other right and remedies, require payment by the
buyer of such portion of the contract price as represents the extent to which the
Supplier has performed the contract up to the date such payment is required
together with any expenses or additional costs incurred by the Supplier as a
result of such delay. In the event of such delay continuing beyond a reasonable
time, the Supplier may, without prejudice to its other remedies, terminate the
contract.

12. Exclusion Of Warranty & Liability
12.1 Except as expressly set out in this document, all representations, conditions
and warranties (express or implied) applying between the Supplier and the buyer,
whether statutory or otherwise are excluded.
12.2 The entire liability of the Supplier to the buyer, or any other person, whether
statutory, contractual, tortious or otherwise, is limited to the cost of repair or
replacement of the goods.
12.3 In the event that the goods or any of their components are not manufactured
by the Supplier, then the foregoing warranty does not apply to such goods
components as are not manufactured by the Supplier and no warranties are
given by the Supplier in respect of such goods or components. In the case where
the manufacturer or supplier of any such goods or components provides any
warranty, then the Supplier (to the extent that it is able to do so) will make such
warranty available to the buyer.

13. Default
13.1 If the Buyer defaults in the due payment of any moneys payable to the
Supplier under the contract or if the buyer commits any act of bankruptcy, enters
into any composition or arrangement with its creditors or (in the case of a
company) does any act which would render it liable to be wound up or have a
receiver appointed over its property, the Supplier, without prejudice to any other
right it has at law or in equity, may, at its option, suspend or terminate the
contract, and payment for the goods delivered and work performed up to the date
of such suspension or termination and any other moneys payable hereunder will
immediately become due and payable.

14. Contract
14.1 The items contained in the Supplier’s confirmation of order (where the
contract arises from an order by the buyer) together with these terms and
conditions are the conditions of the contract.
14.2 The buyer acknowledges and agrees that in the case of any conflict
between an order submitted by the buyer and the Supplier’s confirmation of order
and these terms and conditions, the Supplier’s confirmation or order and these
terms and conditions prevail.

15. Waiver
15.1 All the original rights, powers, exemptions and remedies of the Supplier
remain in full force notwithstanding any neglect, forbearance or delay in their
enforcement.
15.2 The Supplier is not deemed to have waived any condition unless such
waiver is in writing under signature of the Supplier or its authorised officer and
any such waiver, unless the contrary is expressly stated, applies to and operates
only in a particular transaction, dealing or matter.

16. No Assignment
16.1 The buyer may not assign all or any of the buyer’s rights or obligations under
the contract without the prior written consent of the Supplier.
17. Law And Jurisdiction
17.1 The contract in all respects is deemed to be a contract made in New
Zealand and is governed exclusively by New Zealand law.
18. Consumer Guarantees Act 1993 & Credit (Repossession) Act 1997
18.1 If the buyer purchases or indicates that the purchase of the goods is for the
purposes of a business the provisions of the Consumer Guarantees Act 1993 will
not apply and the buyer agrees that the Credit (Repossession) Act 1997 will not
apply.

19. Privacy Act 1993
19.1 The buyer or guarantor (if any) authorise any person or company to provide
the Supplier with information in response to its credit enquiries. The buyer and
guarantor (if any) further authorise the Supplier to furnish to any third party details
of the application of which these conditions of sale form part and any subsequent
dealings that the buyer and/or guarantor may have with the Supplier.

20. Personal Property Securities Act 1999 (“PPSA”)
20.1 The buyer acknowledges that clause 10 creates a security interest (“Security
Interest”) (as that term is defined in the PPSA) in the goods. The buyer agrees
that the Security Interest is in all personal property supplied by the Supplier to the
buyer from time to time and all after acquired property as security for all amounts
payable by the buyer to the Supplier, including but not limited to amounts owed in
respect of personal property supplied and credit facilities provided by the Supplier
to the buyer from time to time.
20.2 The buyer acknowledges and agrees (or is deemed to acknowledge and
agree) that where title in goods passes to the buyer, for any reason whatsoever,
these terms and conditions constitute a security agreement providing for both
future advances and a security in favour of the Supplier in all the buyer’s present
and after acquired property, but excluding property not supplied by the Supplier.
20.3 The buyer:
a. Must, upon request, promptly give the Supplier all assistance and information
(which the buyer warrants is complete, accurate and up to date in all respects) as
is necessary to register a financing statement and to meet all other requirements
under the PPSA in respect of the personal property to ensure that the Security
Interest constitutes a Perfected Security Interest (as that term is defined in the
PPSA) including executing any variations to these terms and conditions of sale
reasonably requested by the Supplier;
b. Agrees to the Supplier registering a financing statement to protect its security
interest under these terms and conditions;
c. Must not register a financing change statement or a change demand in respect
of the personal property (as those terms are defined in the PPSA);
d. Must give the Supplier not less than 14 days prior written notice of any change
or proposed change in the buyer’s name, or any other details including but not
limited to changes in the buyer’s address, trading name, type of business or
contact phone or facsimile numbers;
e. Must pay to the Supplier promptly on request the cost of registering or
subsequently amending the financing statement and the costs of enforcing or
attempting to enforce the contract evidenced by these terms and conditions;
f. Agrees that Sections 114(1)(a), 133, and 134 of the PPSA will not apply to the
Security Interests created by these terms and conditions, and agrees to contract
out of the buyer’s rights referred to in sections 116, 119, 120(2), 121, 125, 126,
127, 129, 131, 132 of the PPSA;
g. Waives its right to receive a verification statement under Section 148 of the
PPSA