Terms & Conditions

These Terms and Conditions apply to the supply of goods and services by Delta Educational Supplies Ltd (“Delta”, “DESL”, “we”, “us” or “our”). By placing an order with us, the customer (“you” or “your”) agrees to these Terms and Conditions.

1. Prices & GST

Unless otherwise stated, prices displayed on our website, quotations and other sales material are in New Zealand dollars and exclude GST. GST will be added at the applicable rate.

Prices are subject to change without notice. Where a quotation has been provided, the quoted price will apply for the validity period stated on the quotation, subject to the terms of that quotation.

We take reasonable care to ensure our pricing is accurate. If a genuine pricing or product information error is identified after an order has been placed, we will contact you before proceeding with the affected item.

2. Orders

Orders may be placed through our website, by email, purchase order or by another method accepted by Delta.

All orders are subject to acceptance and product availability.

We reserve the right to decline or cancel an order before supply where there has been a genuine pricing or product information error, the goods are unavailable, we are unable to obtain the goods from our supplier, or we are unable to fulfil the order for another reasonable commercial or regulatory reason.

If payment has already been received for goods we are unable to supply, the amount paid for those goods will be refunded.

3. Quotations

Unless otherwise stated, quotations are valid for 30 days from the date of issue.

Quoted pricing is based on the products, quantities and total order value shown in the quotation. Where quantities are reduced or only part of a quotation is ordered, Delta reserves the right to review and re-quote the applicable pricing.

Where applicable, pricing for specially imported or non-stock goods may be subject to significant exchange rate, supplier pricing or international freight cost variations prior to order confirmation.

Unless specifically included in the quotation, freight is additional.

Any freight estimate provided is based on the information available at the time and may change where the final quantities, size, weight, destination, carrier charges, dangerous-goods requirements or delivery method change.

For bulky, heavy, fragile or high-volume orders, the final delivery method may be determined by Delta in accordance with the Freight & Delivery provisions of these Terms and Conditions.

Any material change to an accepted quotation will be advised where reasonably practicable.

Where a quotation is expressly provided for budgeting, planning or indicative purposes, the prices shown are estimates based on costs at the date of quotation. Such quotations may be re-quoted when the customer is ready to proceed and may be affected by changes in exchange rates, supplier pricing and freight costs.

4. Payment & Account Customers

Approved Delta account holders may purchase goods on account.

Unless alternative payment terms have been agreed in writing, payment is due in full by the 20th of the month following the date of invoice.

If an account becomes overdue, Delta may place the account on hold and require payment of outstanding amounts before accepting or supplying further orders.

Delta reserves the right to charge interest on overdue amounts at a rate of 1.5% per month, calculated from the date payment became due until payment is received in full.

Where reasonable steps are required to recover an overdue account, the customer will be responsible for reasonable debt collection and recovery costs incurred by Delta, including collection agency and legal costs, to the extent permitted by law.

We may waive or choose not to charge interest or recovery costs at our discretion.

For high-value, specially manufactured, customised, imported or non-stock goods, we may require a deposit, partial payment or full payment before placing the order with our supplier.

Delta may establish a credit limit, require payment in advance, or reduce or withdraw credit terms where we reasonably consider this necessary.

5. Special Order, Indent & Custom Goods

Some products are sourced, manufactured, configured or imported specifically for a customer and are considered Special Order Goods.

We will advise where practicable when an item is being specially ordered.

Once an order for Special Order Goods has been placed with our supplier, it may not be possible to cancel or amend the order.

Special Order Goods are generally non-cancellable and non-returnable unless the goods are faulty, damaged, incorrectly supplied or we agree otherwise.

This does not limit any rights you may have under applicable New Zealand law.

6. Product Availability & Backorders

We make reasonable efforts to maintain accurate stock information, but availability cannot always be guaranteed.

Where an item is unavailable or there is insufficient stock to complete an order, we may:

• place the outstanding quantity on backorder;
• partially supply the order;
• offer a suitable alternative; or
• contact you to discuss other options.

Unless otherwise agreed, backordered goods will be supplied when stock becomes available.

Freight charges apply to all shipments, including subsequent shipments of backordered goods. If you would prefer an order to be held and dispatched together to minimise freight charges, please contact us before dispatch.

Estimated arrival dates for backordered goods are based on information supplied to us by manufacturers, suppliers and freight providers and may change due to circumstances outside our control.

7. Freight & Delivery

Freight and delivery charges apply to all orders unless otherwise agreed in writing.

Freight charges vary depending on factors including destination, weight, dimensions, carrier, delivery method and the nature of the goods.

Where an order requires multiple shipments, additional freight charges may apply.

For bulky, heavy, fragile or high-volume orders, Delta reserves the right to select the carrier and delivery method we consider most appropriate, taking into account cost, product protection, shipment size and the risk of damage in transit. This may include courier, specialised freight, palletised freight or another suitable transport method.

Delta is not required to obtain the customer's prior approval of the delivery method unless specifically agreed when the order is placed. Where freight has not been fixed or included in an accepted quotation, the applicable freight charge will be added to the order.

We aim to dispatch stocked products promptly. Any delivery or dispatch timeframe provided is an estimate unless we expressly agree otherwise in writing.

Delivery may be affected by courier delays, supplier delays, weather, transport disruption, dangerous-goods requirements and other circumstances outside our reasonable control.

8. International Orders

For deliveries outside New Zealand, the customer is responsible for any import duties, taxes, customs charges, clearance fees or other charges imposed in the destination country unless otherwise agreed in writing.

International delivery timeframes are estimates only and may be affected by customs clearance, international freight providers, border requirements and other circumstances outside our reasonable control.

The customer is responsible for confirming that goods ordered may lawfully be imported into and used in the destination country.

9. Chemicals & Dangerous Goods

Chemicals and dangerous goods are subject to additional storage, handling, transport and regulatory requirements.

Separate freight charges may apply to chemicals and dangerous goods. More than one freight charge may apply where:

• products must be dispatched separately due to dangerous-goods transport requirements;
• products are supplied from different chemical suppliers or locations; or
• particular goods cannot legally or safely travel together.

Delivery times for chemicals and dangerous goods may be longer than for standard products.

Chemical freight charges may be based on charges imposed by our chemical suppliers and approved dangerous-goods carriers.

10. Risk & Ownership of Goods

Risk in the goods passes to the customer upon delivery.

Ownership of goods supplied by Delta remains with Delta until all amounts owing in relation to those goods have been paid in full.

Where permitted by law, Delta may register a security interest in goods supplied on credit under the Personal Property Securities Act 1999.

Any more extensive security arrangements or PPSR registration requirements may be included in separate credit or account terms agreed with the customer.

11. Checking Your Delivery & Transit Damage

Please check your order promptly after delivery.

Any shortage, incorrect item, visible transit damage or other delivery discrepancy should be reported to Delta as soon as reasonably possible. Unless otherwise stated below, we ask that these issues are reported within seven working days of delivery.

Please retain all packaging and provide your invoice or order number and, where applicable, clear photographs of the goods, outer packaging and any damage.

Dangerous Goods, Lithium-Ion & Safety Cabinets

Dangerous goods cabinets, lithium-ion battery cabinets, safety cabinets and other large or specialised cabinets must be unpacked and inspected immediately upon delivery.

Any visible transit damage to these products must be reported to Delta within 24 hours of delivery.

When reporting damage, please provide:

• photographs of the outer packaging before it is discarded;
• photographs clearly showing any damage to the cabinet;
• the invoice, order or delivery details; and
• any other information reasonably requested to support the freight claim.

Freight providers may impose strict time limits for transit-damage claims. Failure to report visible transit damage to these products within 24 hours may prevent Delta from making a claim with the freight provider and may affect our ability to provide a replacement or other remedy for transit damage.

Please retain the product and all packaging until Delta confirms whether they may be disposed of.

For broken glassware, please do not return broken glass unless specifically requested. Clear photographs are generally sufficient for us to assess the issue.

Nothing in this section limits any rights or remedies available under applicable New Zealand law that cannot lawfully be excluded or restricted.

12. Returns & Change of Mind

We want customers to be satisfied with the products they purchase from Delta.

If you have ordered the wrong product or changed your mind, please contact us within seven days of receiving the goods.

Returns for change of mind are subject to our prior approval.

Approved returned goods must generally:

• be unused and undamaged;
• be in their original packaging;
• be in resalable condition; and
• include the invoice, packing slip, order number or other information allowing us to identify the purchase.

Unless otherwise agreed, the cost of returning change-of-mind goods is the customer's responsibility.

We reserve the right to decline a change-of-mind return where goods have been used, opened, damaged, altered or are no longer in resalable condition.

Special Order Goods, customised goods and certain chemicals are not eligible for change-of-mind returns.

Nothing in this section limits your rights in relation to faulty, damaged or incorrectly supplied goods.

13. Faulty, Damaged or Incorrect Goods

If you believe goods are faulty, damaged or have been incorrectly supplied, please contact us as soon as reasonably possible.

We may ask for photographs, video, serial numbers, batch information or other information reasonably required to assess the issue.

Depending on the circumstances and applicable law, we may repair the product, replace it, provide a credit or refund, or provide another appropriate remedy.

Please do not dispose of goods that are the subject of a claim unless we have confirmed that you may do so.

14. Safety Cabinets

The external dimensions of safety cabinets are provided on the relevant product page or quotation.

Customers are responsible for checking that the cabinet dimensions are suitable for the intended location before ordering.

Safety cabinets, dangerous goods cabinets and lithium-ion battery cabinets must be unpacked and inspected immediately upon delivery. Any visible transit damage must be reported to Delta within 24 hours in accordance with Section 11 – Checking Your Delivery & Transit Damage.

Safety cabinets may only be returned with prior approval from Delta.

For an approved change-of-mind return, the cabinet must be unused, undamaged and in its original unopened packaging. Unless otherwise agreed, the customer is responsible for return freight and any damage occurring during return transportation.

If a safety cabinet is faulty, damaged or incorrectly supplied, please contact us so that we can arrange the appropriate remedy.

15. Chemical Returns

All chemical returns require prior approval from Delta.

Do not return chemicals to Delta unless specifically instructed to do so.

Where a chemical return is approved, we will provide instructions regarding the appropriate return location and transport method. Chemicals may need to be returned directly to the chemical supplier using an approved chemical or dangerous-goods carrier.

Opened chemicals cannot normally be returned for change-of-mind reasons.

Nothing in this section limits any rights relating to faulty, damaged, contaminated or incorrectly supplied goods.

16. Product Information

We make reasonable efforts to ensure that product descriptions, specifications, photographs and other information provided on our website, quotations and sales material are accurate.

Manufacturers may change product specifications, packaging, colours or designs from time to time.

Product photographs are illustrative and minor differences in appearance may occur.

Where a particular specification, measurement, compatibility or feature is critical to your intended use, please contact us before ordering so that we can confirm the relevant details where possible.

We will not substitute a materially different product without contacting you where the difference may reasonably affect the product's intended use.

17. Product Suitability

Customers are responsible for determining whether a product is suitable for their particular intended use unless Delta has expressly confirmed suitability for that use in writing.

Where we provide product information or assistance, we will take reasonable care to provide accurate information based on the information available to us.

Products must be used in accordance with manufacturer instructions, safety information and any applicable laws, regulations or educational laboratory requirements.

18. Consumer Guarantees & New Zealand Law

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any right or remedy available under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand legislation where that right or remedy cannot lawfully be excluded or modified.

Where goods or services are acquired for business purposes and the parties are both in trade, the parties agree, to the extent permitted by law and where it is fair and reasonable to do so, that the provisions of the Consumer Guarantees Act 1993 will not apply.

Any contracting out of applicable provisions of the Fair Trading Act 1986 will apply only to the extent expressly permitted by law and where the statutory requirements for doing so are satisfied.

19. Suspension or Cancellation for Payment or Credit Concerns

Delta may suspend further supply, place an account on hold, cancel outstanding orders or require payment in advance where:

• the customer fails to pay an amount owing by its due date;
• the customer becomes bankrupt, insolvent or enters liquidation, receivership or a similar process;
• Delta reasonably believes the customer's ability to meet its payment obligations has materially deteriorated; or
• the customer's approved credit limit has been exceeded.

Where Special Order Goods have already been ordered or costs have already been incurred on the customer's behalf, the customer remains responsible for those amounts to the extent permitted by law.

20. Liability

To the maximum extent permitted by law, Delta will not be liable for indirect or consequential loss arising from the supply, delay, use or inability to use goods supplied by us.

Nothing in these Terms and Conditions excludes or limits liability where it would be unlawful to do so.

21. Events Outside Our Control

We will not be responsible for a delay or failure to perform our obligations where the delay or failure results from circumstances outside our reasonable control.

These circumstances may include transport disruption, courier delays, supplier or manufacturer delays, natural disasters, severe weather, industrial action, border or customs delays, shipping disruption, regulatory changes, shortages or other events beyond our reasonable control.

We will make reasonable efforts to keep affected customers informed where practicable.

22. Privacy

Personal information collected in connection with orders, enquiries and customer accounts will be handled in accordance with applicable New Zealand privacy law and our Privacy Policy.

Information may be provided to third parties where reasonably necessary to process an order, arrange delivery, obtain payment or otherwise provide our products and services.

23. Entire Agreement

These Terms and Conditions, together with any accepted quotation, purchase order acceptance or other specific terms agreed in writing between Delta and the customer, form the agreement relating to the supply of the relevant goods or services.

If there is an inconsistency between these general Terms and Conditions and specific terms agreed by Delta in writing for a particular order, the specifically agreed terms will take precedence for that order.

24. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, that provision will be treated as modified or removed to the extent necessary, without affecting the validity or enforceability of the remaining provisions.

25. Waiver

A failure or delay by Delta in exercising or enforcing any right under these Terms and Conditions does not constitute a waiver of that right.

Any waiver by Delta applies only to the particular circumstances for which it was given and does not constitute a continuing waiver.

26. Changes to These Terms

We may update these Terms and Conditions from time to time.

The Terms and Conditions applying to an order will generally be those in effect when the order is accepted, unless otherwise agreed or required by law.

27. Governing Law

These Terms and Conditions are governed by the laws of New Zealand.

Any dispute relating to these Terms and Conditions or the supply of goods or services by Delta will be subject to the jurisdiction of the New Zealand courts.