- DEFINED TERMS
- “Seller” means AARM NZ Limited T/A Sparky Shop and its agents, successors and assigns. “We” and “Our” are terms used to refer to the “Seller”.
- “Buyer” means individual person, company, firm, trust, or any legal entity buying the goods from the seller.
- “Goods” means the products, and if any services specified.
- “GST” means goods and service tax.
- “The Act” means Consumers Guarantees Act 1993.
- TERMS OF CONTRACT
The Buyer accepts and agrees that the goods and all other products sold by Seller are sold on these terms and conditions.
All prices listed are GST inclusive unless otherwise stated. Seller has the right to change the prices and this could be done without any prior notice.
Unless otherwise agreed in writing, all prices are exclusive of:
- Packaging, freight, cutting fees and any other additional charges imposed by our suppliers in respect of the Goods.
- Delivery charges; and other additional costs that may incur during the course of the sale.
The Seller’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within 7 days only after its date.
The Seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.
If the Seller’s cost fluctuates after the date of the quotation, we reverse the right to alter the quotes before the delivery of the Goods.
Quoted prices only apply to the total quantities and delivery dates specified in the quotation.
Unless agreed in writing, the buyer must pay for Goods in full before delivery.
Where the Seller has agreed to sell the goods to the Buyer on credit terms, then the Buyer must pay the purchase price in strict accordance with the credit terms as agreed by the Seller.
In case payment for the goods is not made by the due date, the seller then reserve the right to pursue the remedies available;
- Any overdue amounts outstanding at 2.5% interest per month from the due date or date of default as the case may be until payment is made.
- Buyer agrees to be liable to pay any fees, disbursements as charged to the seller in case a solicitor or a debt collector is instructed to enforce or attempt to enforce any rights pursuant to these terms and conditions of sale.
The Seller retains the ownership of the Goods until the buyer pays full payment, the ownership shall not pass to the buyer at the time of the delivery if there are outstanding payments.
The Buyer agrees to keep the Goods in good order and condition and separate from any other goods in your possession, and properly stored, protected and insured, and identified as our property if there are outstanding payments.
The Buyers agrees not to use the Goods for any purpose or resale the Goods until there are outstanding payments.
The Seller will use reasonable endeavours to deliver the goods to the Buyer by the date specified, however the delivery times made known to the Buyer are estimates only and the Seller is not liable for late delivery or non-delivery.
The Buyer is aware of The Seller relying on third parties for the delivery.
The Seller is not to be liable for any loss, damage or delay occasioned to the Buyer or its customers arising from late or non-delivery or late installation of the goods.
If the Buyer requests delivery of Goods by means other than the means normally used by the Seller, the Buyer must arrange and pay for all costs associated with the means of delivery requested by the Buyer.
At the time of the delivery any risk in the Goods passes to the Buyer.
Delivery of the goods shall be deemed to have been effected/completed when the goods are unloaded from the delivery vehicle at the Buyer’s nominated place of delivery or placed on the Buyer’s nominated carrier’s vehicle.
- LOSS OR DAMAGE IN TRANSIT
The Seller is not responsible to the Buyer or any person claiming through the Buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not the Seller is legally responsible for the person who caused or contributed to that loss or damage).
The Seller must provide the Buyer with such assistance as may be necessary to press claims on carriers so long as the Buyer:
- Has notified the Seller in writing immediately after loss or damage is discovered on receipt of goods; and
- Lodges a claim for compensation on the carrier within seven (7) days of the date of receipt of the goods.
- PRODUCT WARRANTIES
The Seller’s liability for goods sold by it is limited to making good any defects by repairing the defects or at the Seller’s option by replacement, within a period not exceeding 12 months after the goods have been dispatched so long as:
- The Buyer can provide the Seller with a Tax Invoice as proof of purchase;
- Defects have arisen solely from faulty materials or workmanship;
- The goods have not received maltreatment, inattention or interference;
- The goods have been installed properly in accordance with best industry practice and/or required by the law;
- The goods must not have been changed or damaged in anyway;
- The seals of any kind on the goods remain unbroken; and
- Defective parts are promptly returned to the Seller at the Buyer’s own cost.
If the goods are not manufactured by the Seller the guarantee of the manufacturer of those goods is accepted by the Buyer and is the only guarantee given to the Seller in respect of the goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
The Seller is not liable for and the Buyer releases the Seller from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with these conditions.
Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. The Seller is not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of the goods or arising out of the Seller’s negligence or in any way whatsoever.
The Seller’s liability for a breach of a condition or warranty implied by any New Zealand law is limited to:
In the case of goods, any one or more of the following:
- The replacement of the goods or the supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods or of acquiring equivalent goods;
- The payment of the cost of having the goods repaired, if the Seller has means to repair the goods.
- RETURNS AND CANCELLATIONS
The Buyer may only return the Goods if the Seller has agreed in writing for such return and only if the Buyer is covering the additional costs of returning the Goods to the Seller.
The Goods must be kept in their original condition and packaging and the Buyer must produce a copy of the original invoice. The process of return or cancellation must be done within seven (7) days after the delivery.
The Seller will not accept any claims of returns or cancellations made after seven (7) days of the delivery unless it is agreed by the Seller in writing to the Buyer.
If the Goods are especially imported for the Buyer or were procured under a special order or were altered to a certain requirement that is not normal then it is unlikely that the Goods will be returned unless the Seller has agreed in writing.
In case of ineligible returns or change of mind the Buyer will be liable to pay for a restocking fee of up to 15% of the price the Goods were purchased for.
The Buyer may not vary or cancel an order for Goods, wholly or partly, without our written consent. As a condition of giving our consent, we may require reimbursement of any costs incurred by us in connection with the variation or cancellation.
The Seller may cancel or suspend an order for Goods that has been accepted by us, wholly or partly, and without liability to you if fulfilling the order becomes impractical or uneconomic due to any cause beyond our reasonable control.
- LIMITATION OF LIABILITY
The Seller has liability in case of defect or fault and this is limited to the purchase price of Goods in respect of which certain liability arises. The Seller shall have no further liabilities or responsibility for any direct, indirect or consequential death, injury, loss or damage whatsoever and howsoever arising.
This does not restrict the Buyer to exercise their rights under the Consumer Guarantees Act 1993 to seek remedies for the goods purchased.
The Seller will not be not be responsible for any damage whatsoever caused either to the Goods supplied or as a result of the malfunction of any such Goods if:
- Goods are fitted by unqualified tradesmen or in an un-tradesman like manner; or
- Goods are in any way adapted to a use for which they are not specifically intended; or
- Goods are added to or repaired using components not recommended or approved by the manufacturer of such Goods.
- ERRORS AND OMISSIONS
The Seller shall not be liable for any errors or omissions or for incidental or consequential damages arising from the supply or use of any Goods supplied by the Seller.
The Buyer will be responsible for any loss, deterioration or damage of or to the Goods upon receiving the Goods. The Seller will not be held liable for any loss, deterioration or damage to the goods after the Goods being delivered.
- CONSUMER GUARANTEES ACT 1993
Consumer Guarantees Act 1993 applies, these terms and conditions shall be read subject to your rights under the act.
If the Buyer is acquiring the Goods for the purposes of resale, the Buyer’s terms of trade applying to the resale (and, if your customers acquire the Goods for the purposes of resale, their terms of trade and the terms of trade of each other person in your distribution chain) must include a provision having the same effect as clause.
The Buyer agrees to indemnify us, on demand, against any liability under the Act as a result of any failure by you, your customers or any other person in your distribution chain to include such a provision.
The Seller does not undertake that repair facilities and parts will be available for the Goods and, accordingly, section 12 of the Act shall not apply.
The Buyer consents to the Seller disclosing their information during the process of ordering and delivering Goods to third parties as deemed appropriate by the Seller.
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