Terms of service

Terms and Conditions

All prices (unless specified) exclude freight and GST, and are subject to change without notice (Error & Omissions Excepted). Where you are a commercial customer that has a credit term account and you have completed a credit account application, the terms and conditions in that application will apply (in place of the terms and conditions set out below).

Agreement

Braemore Consulting agrees to sell, and the Customer agrees to buy the goods ordered through Braemore Consulting.

Consumer Guarantees Act

If you are buying goods normally bought for personal, domestic or household use, you may have certain rights under the Consumer Guarantees Act 1993 (Consumer Guarantees Act) that cannot be excluded or limited. These terms do not limit or alter your rights under the Consumer Guarantees Act (other than in the circumstances permitted under that Act). You can find more information about your rights under the Consumer Guarantees Act at the Ministry of Business, Innovation & Employment's website (www.consumerprotection.govt.nz/general-help/consumer-laws/consumer-guarantees-act) and the Commerce Commission's website (comcom.govt.nz/consumers/your-rights-as-a-consumer).

Governing law

This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.

Price

The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance. The price you pay will be increased by the amount of GST, other taxes and duties which may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price). Provided we meet our obligations under the Fair-Trading Act 1986, we can revise our prices at any time prior to accepting your order. Purchase prices are given in New Zealand dollars unless otherwise stated. You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.

Payment

The goods you purchase must be paid for before we can deliver the goods to you.

Delivery

Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs. If no place of delivery is specified, delivery shall take place at the time when the goods are made available for despatch at our premises.

We can deliver the goods by instalments, and each instalment shall be treated as a separate contract. If the Consumer Guarantees Act applies to your purchase, we will meet any obligations we have under that Act.

Otherwise, if the Consumer Guarantees Act does not apply, any time stated for delivery is an estimate only and no claim shall be made by you on account of late shipment, or delivery however caused. All freight charges shall be at your cost unless otherwise agreed and stated.

Returns and Cancelled orders

Without limiting any rights you have under the Consumer Guarantees Act, all goods to be returned must have a Goods Return Authority issued by us. The issue of a Goods Return Authority does not guarantee that we will accept the return.

Incorrectly supplied products:

If you have been accidentally supplied the wrong product, Braemore Consulting will supply the correct product (where it is available) or issue a credit/refund. In these circumstances, if the Consumer Guarantees Act applies to the purchase, we will meet our obligations under that Act.

Otherwise, if the Consumer Guarantees Act does not apply:

• to supply the correct product the incorrect product will first need to be returned to us.
• we will need to be notified within 7 days of purchase/delivery.
• the incorrect product supplied must be in resalable/unused condition.

Products damaged in transit: If your product has been damaged during transit to your delivery address, we will replace your product (if it is available) or issue a refund. In these circumstances, if the Consumer Guarantees Act applies to the purchase, we will meet our obligations under that Act. Otherwise, if the Consumer Guarantees Act does not apply, unless we agree otherwise, you must notify us within 24 hours of delivery in order to be eligible for a replacement, credit or refund.

Express warranty - Products that are faulty within the warranty period:

Without limiting any rights, you have under the Consumer Guarantees Act, if your product is faulty or has stopped working as intended and is still within the warranty period specified when you purchased your product, Braemore Consulting will repair or replace your product or issue a refund where a suitable replacement is not available.

In order to repair, replace or refund for your faulty product, it will need to be returned to us so we can test and confirm that it is faulty. You may also be able to contact the manufacturer directly to arrange a repair / replacement.

Returns of this nature can be made any time within the warranty period and it is your responsibility to cover any costs of returning the product to us (NB there is no specific warranty period under the Consumer Guarantees Act).

Repairs and replacements

·         We do not guarantee that repair facilities and parts will be available for the goods.

Products that are faulty upon arrival/first use or otherwise:

·         If the product you received is faulty upon arrival/first use or where the Consumer Guarantees Act applies, the products do not comply with the guarantees under that Act, we will either repair or replace your product, or issue a credit/refund. Without limiting any rights you have under the Consumer Guarantees Act, in order to repair, replace or issue a refund for your faulty product, it will need to be returned to us so we can test and confirm that it is faulty.

·         Without limiting any rights, you have under the Consumer Guarantees Act:

·         - faulty goods will be subject to the normal return procedures for the specific brand being returned.
- freight charges will not be credited.

·         If you purchased on-line, we would arrange for collection of your incorrectly supplied/damaged or faulty goods. This will be at our cost where such charges are our responsibility under the Consumer Guarantees Act, Otherwise, you will be liable for all delivery and insurance charges incurred in respect of returned goods.

·         Testing fees and return freight:

·         If you return a product to us that is not faulty, you may be liable for a testing fee and freight charges to return the product to you.

Risk and ownership

Risk of any loss, damage or deterioration of or to the goods passes to you on delivery, or if you state to leave goods at certain location, at the time goods are placed there.

Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.

Guarantees

Where the Consumer Guarantees Act applies:

If you are in trade, you agree that the Consumer Guarantees Act does not apply.

If you on supply goods you must:

• do so on the basis that the Consumer Guarantees Act does not apply where the party buying the goods is in trade; and
• notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.

If you are in trade, you acknowledge that no Express Guarantees (as defined in the Consumer Guarantees Act) are provided.

If you on supply goods and if a claim is made directly against us by a consumer under the Consumer Guarantees Act, then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Consumer Guarantees Act.

Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act except to the extent permitted by the Act.

Use of information

You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.

You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.

You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us or our group of companies. (If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you.)

Without limiting the above, we will collect, use, store and disclose your personal information in accordance with our privacy policy.

You consent to receiving marketing material from us, including via email, text and any other electronic means. We will comply with our obligations under the Unsolicited Electronic Messages Act 2007 in respect of any commercial electronic messages we send to you.

Liability

Except where provided in the Consumer Guarantees Act, we shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you. Except where the Consumer Guarantees Act applies, should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Braemore Consulting for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.

Other agreements

These terms apply to all transactions where we supply goods to you. This agreement supersedes the terms of all prior agreements, understandings, representations or warranties previously given by us or any agent of Braemore Consulting in respect of goods.

Waiver

If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.