The seller' refers to Powerquip Ltd (Trading as Easyquip).
'The buyer' refers to any legal entity purchasing from the seller.
General
Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
Any condition contained in the buyer's order which is inconsistent with; qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 15% of the price.
Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
Formation of Contract
The seller's website and advertising only constitute an invitation to treat.
Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions.
The seller may or may not accept any buyer's order for goods that are not held in stock by the seller at the time the order is placed by the buyer.
The seller's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.
Prices and Terms of Payment
Unless otherwise agreed in writing payment must be made by the buyer before delivery of the goods.
Payment must be made within 3 days of purchasing goods.
Orders paid for using Direct Credit, Internet Banking or Bank Transfer will be shipped upon confirmation that your payment has been received. Payments normally take around 24 hours to reach our bank account.
We are a GST registered company. Once a purchase has been made the buyer will receive an automated sales order with payment details.
Collections from our warehouse must be prearranged and payment method advised beforehand.
All payments by the buyer to the seller shall be made in full, free of any deduction, setoff, counterclaim or legal or equitable claim howsoever arising.
If the buyer fails to make any payment due under this agreement by the due date for payment, then the seller may, without limiting its other rights in respect of such default:
Stop delivery of the goods;
Sell the goods at such price and on such terms as the seller shall determine in which case the buyer will be liable to pay to the seller any difference between the amount received from such sale and the amount payable under this contract.
Charge against the buyer's credit card, the amount of the payment due.
The seller's prices are subject to alteration without notice and the price payable by the buyer for the goods ordered shall be the price ruling at the date the goods are dispatched for delivery to the buyer as stated on the invoice.
The seller's prices are inclusive of GST. Any other taxes, if chargeable, are payable by the buyer whether they are imposed or brought into force before or after acceptance of the buyer's order.
Delivery
The seller reserves the right to dispatch the buyer's order in one delivery or in instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered.
Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
The buyer shall pay the cost of delivery from the point of dispatch of the goods by the seller.
Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage within 24 hours of the delivery and provides a reasonable opportunity for the seller to investigate the claim. Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
Prior to acknowledging delivery to the carrier, the buyer must ensure that the complete consignment as per the carrier's note has been received.
Should there be a shortage or visible damage to the outer packaging the carrier's note must be endorsed accordingly.
Within 24 hours of the receipt of the consignment, the buyer must ensure that all goods received are in good order and condition.
No claims will be considered after 24 hours of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.
Superficial damage;
Warehousing, carriage, delivery, lifting, unboxing or installing can cause superficial and slight dings and dents to the sides or back to items. Such damage does not affect the performance of the item and as such the seller will not recognise a claim for a replacement product. If you receive an item with superficial damage, the seller will compensate you with a voucher to the value of 5% of the value of the item and up to a maximum $50.00.
Returns of Goods (unused product)
Goods supplied by the seller may be accepted for return within 15 days of the date of supply subject to the following:
Goods must be returned, at the buyer's expense, unused, in their original packaging, into the seller's store.
The buyer must provide proof of purchase.
Acceptance of the goods is conditional on an assessment to determine they are undamaged, and in good working order.
Upon acceptance of the return, the buyer will be issued a store credit for the full amount of the purchase price paid, excluding freight or a refund less a minimum 10% restocking fee. The resulting credit may be used to offset the cost of any future purchase.
Goods sold at 'disposal' or heavily discounted prices (eg. 40% + discount) will not be accepted for return.
All sales of goods by the seller, except those used for business purposes, are governed by the provisions of the Consumer Guarantees Act.
Seller's Liability and Maintenance Guarantee
The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which there are required and the seller is under no liability if they are not.
Subject to clause 7.3 the seller's liability in respect of any defect or failure of the goods or for any loss, injury or damaged attributable there to is limited to the extent of clause 7.4. The seller shall not be liable to the buyer or any third party whether in tort or contact or in negligence or otherwise for any direct or consequential loss or damage attributed to defects in the goods nor in respect of conditions or warranties whether expressed or implied by statute or at common law or otherwise.
Where the buyer does not acquire the goods or hold itself out as acquiring the goods, for the purposes of a business then these conditions must be read subject to the provisions of the Consumer Guarantees Act 1993 which shall have full force and effect notwithstanding any contrary or inconsistent provision in these conditions. The Consumer Guarantees Act 1993 will NOT apply if the buyer acquired or held itself out as acquiring the goods for the purposes of a business.
The goods are warranted against faulty workmanship or materials for 12 months from the date of purchase. Within the specified period the seller or its agents will repair or replace (at their discretion) any defect due to faulty workmanship or materials. This warranty shall not be valid if, having detected a fault, the user continues to operate the equipment. This warranty does not apply to any part of the goods which have been subject to misuse, neglect, alteration, incorrect installation, accident and to damage caused by transportation, flood, fire or acts of God.
The Warranty does not cover: Normal wearable and service parts of a product ie. Chains, Cutting Parts, Spark Plugs, Filters etc the seller's liability under this warranty is limited to repairing or replacing a part(s) without charge. The warranty is dependent upon the seller's inspection (or in the case of an electric motor the inspection by an electrical appliance serviceman nominated by the seller) to determine the defect in workmanship or materials. Goods returned to the seller for inspection, credit, refund, warranty or repair shall be delivered at the buyer's expense. The buyer must ensure that appropriate overload protection is installed when using electrical equipment supplied by the seller.
The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
Description of Product
Modifications and improvements to the seller's products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Description, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.
Force Majeure
The seller shall not be liable to the buyer for any loss or damage or indirectly arising out of or in connection to any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.
Compliance
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
Personal Property Securities Act 1999
Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship.
Privacy Act
Any disclosure of personal information will be strictly controlled and made fully in accordance with current New Zealand law. Should you breach our terms and conditions or terms of use or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Disputes and Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.
