Terms & Conditions

2. Period of the Quotation or Estimate
2.1 A quotation or estimate submitted by the Company shall remain valid for 7 days from the date of such quotation or estimate unless otherwise agreed in writing.

3. Subject and Limit of the Offer
3.1 Upon acceptance of an order by the Company based on a quotation or estimate, the Company shall not be obliged to comply with any additional standards, specification, rules or other requirements not contained in that quotation or estimate.
3.2 Unless otherwise expressly stated in a quotation or estimate, the price of goods does not include the cost of delivery and/or installation and/or testing of the goods.
3.3 Unless expressly stated in the quotation or estimate the following matters are not included in the price and are additional extras:
3.3.1 Cost of delivery and/installation;
3.3.2 Any technical assistance; and
3.3.3 Training of the Customer or employees.

4. Price
4.1 Until a quotation or estimate is confirmed prices are subject to change without notice and exclude Goods and Services Tax (if any).
4.2 If, after a quotation or estimate has been confirmed, the wholesale price of goods and/or services changes this Agreement may be cancelled at the option of the Company and neither party will have a claim against the other.
4.3 Any additions or increases in the cost of the supply of goods and/or services as a result of any additions or increase in charges, taxes or costs associated with manufacture or supply of goods and/or services by the Company, between the date of the Company's relevant quotation or estimate and the date of supply of the relevant goods and/or services shall be borne by the Customer and any quotation or estimate shall be varied to include those additional costs.

5. Payment
5.1 Unless specific arrangements have been made with the Company and approved in writing payment must be made in cash or by credit card before supply.
5.2 The payment terms for services are strictly payment at the time of completion of services unless specific arrangements have been made with the Company and approved in writing.
5.3 If the Customer fails to pay in full by the due date, the Company may charge the Customer interest compounding monthly on the unpaid overdue balance at the rate of 18% per annum.
5.4 The Customer agrees not to set off against any payments owing to the Company any alleged amounts owing to the Customer and agrees to promptly pay all accounts when due.
5.5 The Customer will be liable for all costs, expenses and disbursements incurred by the Company as a result of default by the Customer in recovering any outstanding monies (including collection and legal costs) and the Customer reserves the right to suspend delivery of any further goods or services and to exercise a lien over any property of the Customer the subject of this agreement until the account is paid.

6. Delivery
6.1 Where the Customer indicates that it requires delivery to a nominated address, risk will pass to the Customer when they are received by a carrier for delivery to the nominated address. Where goods are collected by the Customer, risk will pass at the time of collection.
6.2 The Company will have been deemed to have fulfilled its obligations of delivery upon obtaining a receipt or signed delivery docket for the goods from any person at that address.
6.3 The Company reserves the right to choose or vary the means, route and procedure of delivery, transport and handling of goods.
6.4 The Company reserves the right to make part deliveries of any order and each part delivery shall constitute a separate contract. Failure to make delivery of the total order shall not invalidate the contracts as regards to the other deliveries.
6.5 Delivery of the goods is made to the Customer on the condition that ownership in the goods shall not pass to the Customer until all monies payable for those goods have been paid in full and the Company, or authorised agent, is authorised to enter the Customer's premises to take possession of any of its goods in the event that payments become overdue.
6.6 Where a delay in supply is caused by any act, matter or thing beyond the control of the Company, the Company shall advise as to a new date for delivery and the Company shall not be liable for any failure to supply goods and/or services by the previously agreed date.

7. Claims
7.1 The Company reserves the right to replace any faulty goods, and the Customer agrees to give the Company the opportunity to provide a replacement.
7.2 Returns for any other reason than inherent fault will only be accepted at the sole discretion of the Company.
7.3 Some products are sold under a "Non Return" policy so can not be returned unless faultly.
7.4 Any claims relating to the goods must be notified to the Company within seven days of receipt of the goods. In the event of the Customer not so notifying the Company then the Customer will be deemed to have accepted the goods and services. The Company warrants that the goods or services supplied will be free from any defects in construction, design, or workmanship for a period of three months provided the defect does not arise through neglect or misuse by the Customer, accident, lack of care, any modification or servicing by a third party, or non-compliance with any written or oral instructions from the Company.

8. Warranty
8.1 Where the goods supplied under this agreement are supplied for the purposes of the Customer's business, the statutory guarantees implied by the Consumer Guarantees Act 1993 as between the Company and the Customer, are hereby excluded.

9. Consumer Guarantees Act 1993
9.1 Where the goods or services are supplied to a consumer nothing in these terms of trade shall be construed as excluding, restricting or modifying any express or implied condition, warranty, right or remedy conferred by the Customer Guarantees Act on the Customer. The liability of the Company in respect of any breach of a condition or warranty implied by the Consumer Guarantees Act shall be limited at the Company's sole discretion to either replacement or resupply of the goods and/or services, or repair of the goods.

10. Privacy Act 1993
10.1 The Customer for the purposes of the Privacy Act 1993 authorises the Company to use any personal information supplied to the Company for credit, administration, service and marketing purposes. If full information is not provided the Company may withdraw its line of credit. The Customer has a right of access to, and to ask for correction of any personal information held by the Company. The Customer authorizes any person or Company to provide the Company with such information as it may require in response to credit and/or other enquiries. The Customer further authorises the Company to furnish to any third party details of the Customer's application and any subsequent dealings that the Customer may have with it the Customer's application being actioned and in relation to any account the Customer may have with the Company.

11. Personal Guarantee
11.1 Where this agreement is entered into by a company the Directors of that Customer agree to personally guarantee all amounts which are payable to the Company at any time by the Customer and acknowledge that the Company may demand and recover from the Directors any amounts which are payable by the Customer instead of or as well as demanding payment from the Company.

12. Limitation of Liability
12.1 The Company will not be liable for any losses of any kind or any delay in supplying the goods which are caused whole or in part by force majeure or any other cause beyond its reasonable control.
12.2 To the maximum extend permissible by law, the Company, its employees, contractors and agents, will not be liable to the Customer or any other person for loss or damage of any kind however that loss or damage is caused or arises. The Customer indemnifies the Company against all costs and losses from claims from third parties arising for any reason whatsoever as a result of the Customer's resupply, use or misuse of the goods.

13. Test and Performance
13.1 The Company shall at its own expense carry out its standard tests on the goods together with any test required by any government or regulatory authorities.
13.2 Any additional tests required by the Customer shall be at the Customer's expense.
13.3 If the results of the tests are outside any performance limits specified in the Agreement the Company shall be given a reasonable time within which to rectify performance.
13.4 The Company does not guarantee the performance limits stated in the quotation or estimate unless such limits are expressly guaranteed by the Company in writing.

14 General Conditions
14.2 The Company reserves the right to alter these terms and conditions of sale at any time by notice to the Customer in writing.
14.3 If the Company fails to enforce any terms or to exercise any rights under these terms and conditions at any time, the Company has not waived those rights.
14.4 If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
14.5 Any agreement between the parties is governed by the laws of New Zealand. The Customer agrees that any dispute is subject to the exclusive jurisdiction of the New Zealand Courts although the Company reserves the right to commence any proceedings against the Customer in any other Court.
14.5 All images used on this site are used to illustrate what the product might look. Actual product may differ.