TERMS AND CONDITIONS

These terms and conditions regulate the business relationship between you and us.  By using Our Website in any way, or by buying from us, you agree to be bound by them.

The terms and conditions

1    Definitions

In this agreement:

“Carrier”                means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.

“Consumer”                means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.

“Our Website”            means the entire computing hardware and software installation that is or supports Our Website.

“Goods”                The term ‘Goods’ means all Goods/Products and Services supplied by LoadSafe New Zealand Limited to the purchaser.

“Content”                means any material in any form published on Our Website by us or any third party with our consent.

“Purchaser”         means the person with whom LoadSafe New Zealand Limited has contracted for the supply of any goods and or services.

2    Our contract with you

These terms and conditions apply:

2.1    So far as the context allows, to you as a visitor to Our Website, and

2.2    in any event to you as a buyer or prospective buyer of our Goods.

2.3    We shall accept your order by e-mail confirmation.  That is when our contract is made. Our message will also confirm details of your purchase.

2.4    We may change these terms from time to time.  The terms that apply to you are those posted here on Our Website on the day you order Goods.

2.5    Unfortunately, we cannot guarantee that Goods advertised on our website are available.

2.6    If we do not have all of the Goods you order in stock, we will offer you alternatives.  If this happens you may:

2.6.1    accept the alternatives we offer.
2.6.2    cancel all or part of your order.

2.7    If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.

3    Price and Payment

3.1    We endeavour to keep our website and catalogue prices updated and accurate but it is possible that the price may have increased from that published.  If that happens, we will not send your order until you have confirmed that you wish to order at the new price.

3.2    Banking charges by the receiving bank on payments to us will be borne by us.

3.3    Prices include New Zealand goods and services tax.

4    Delivery

4.1    Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order. You must ensure that someone is present to accept delivery.

4.2    We may deliver the Goods in installments if they are not all available at the same time for delivery.

4.3    Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.

5    Cancellation of order

5.1    Goods may be returned for credit only if we have agreed in writing to such return and only if the Goods are returned at your expense to LoadSafe New Zealand Limited in original condition and packaging together with a copy of the original packing slip or invoice, within 10 days after delivery. If the Goods were procured especially for you, then it is unlikely we will agree to them being returned. If we agree to Goods being returned for credit, we may charge you a restocking fee of up to 25% of the price of the Goods.

5.2    You 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 cancelation.

5.3    We 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.

6    Goods returned

6.1  Documents can not be returned as they are tailored specifically to your particular vehicle.

7    Disclaimers

7.1    We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

7.2    You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website.  We would be grateful if you bring to our immediate attention, any that you find.

7.3    We give no warranty and make no representation, express or implied, as to:

7.3.1    the adequacy or appropriateness of the Goods for your purpose.
7.3.2    the truth of any Content on Our Website published by someone other than us.
7.3.3    any implied warranty or condition as to merchantability or fitness of the Goods for a  purpose other than that for which the Goods are commonly used.
7.3.4    compatibility of Our Website with your equipment, software or telecommunications connection.

7.4    Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

7.5    We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.

7.6    In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.

7.7    The above two sub paragraphs do not apply to a claim for personal injury.

8    Content and Intellectual Property Rights

8.1 Neither we nor our suppliers transfer to you any right, title or interest in any copyright, trade marks, patents or other intellectual property rights in or relating to the Goods.

8.2    We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in:   text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

8.3    We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider.  We will strongly protect those rights in all countries.

8.4    Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

8.5    You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

8.6    Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

9    System Security

9.1    We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.

9.2    You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.

9.3    You may not use any software tool for the purpose of extracting data from our website.

9.4    You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

10    Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

11    Liability

11.1 LoadSafe New Zealand Limited liability to the Purchaser arising in connection with the supply or use of the Documents and/or Goods, including defective products whether under common law, equity or statute and whether direct or indirect is limited (to the extent permitted by law and not otherwise expressly provided for herein) to the cost of the original Document and without limitation excludes any liability for any incidental, consequential or indirect damages.

11.2 Any remedy shall only be available to the Purchaser if the Goods have been stored, maintained, installed, and or operated by the Purchaser without damage or misuse and strictly in the manner prescribed by LoadSafe New Zealand Limited and in accordance with all applicable laws and regulations and have not been repaired or altered without the express approval of LoadSafe New Zealand Limited.

11.3 Where the Goods include other manufacturer’s products, any warranty which may be given by LoadSafe New Zealand Limited only applies to the extent LoadSafe New Zealand Limited receives the benefit of that other manufacturer’s warranty.

11.4 To the extent permitted by law and except as provided herein, all implied conditions, warranties, and representations are hereby expressly negated and excluded.

11.5 LoadSafe New Zealand Limited shall not be liable for failure to perform or complete any of its obligations here under due to causes beyond the reasonable control of LoadSafe New Zealand Limited.

11.6 In no event shall LoadSafe New Zealand Limited be liable under this Agreement for any loss of profit, loss of revenue, loss of contracts, loss of production or any special, indirect or consequential loss, damage or injury of any kind whatsoever suffered by the Purchaser arising directly or indirectly from any breach of any of LoadSafe New Zealand Limited obligations arising under or in connection with these conditions of sale or from any cancellation of any order or from any negligence, misrepresentation or other act or omission on the part of LoadSafe New Zealand Limited, its servants, agents or contractors nor shall LoadSafe New Zealand Limited be liable for any loss, damage or injury caused to the Purchaser’s servants, agents, contractors, customers, visitors, tenants, trespassers or other persons whomsoever (whether similar to the foregoing or not) arising as aforesaid. The Purchaser shall indemnify LoadSafe New Zealand Limited against any claim by any of the foregoing persons in respect of any loss, damage or injury arising as aforesaid.

12    Miscellaneous provisions

12.1    When we communicate with you we do so by email.  You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

12.2    Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made.  Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.

12.3    Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.

12.4    If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

12.5    No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time. nor shall any delay in exercise of any power or right be interpreted as a waiver.

12.6    In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

17.7    We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

12.8 Errors or Omissions: Clerical errors or omissions, whether in computation or otherwise, in any quotation, acknowledgment or invoice may be corrected by us.

12.9 Compliance with regulations: You are responsible for compliance with all applicable laws, regulations and standards in connection with the installation or operation of the Goods.

12.10 Force Majeure: We will not be liable for any failure to comply with these Terms where such failure has been caused directly or indirectly by an event or circumstance that is beyond our reasonable control.

12.11    This Agreement shall be governed by and construed in accordance with the law of New Zealand.  This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

 

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