WEBSITE TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Macs Equipment Ltd. Your access to and use of all information on this website including purchase of any product/s is provided subject to the following terms and conditions:
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.
Terms of Payment
1. Payment is due in cash at the time you place an order with us for the goods, unless we have previously agreed to supply you on trade terms.
2. Where we have agreed to supply you on trade terms, payment is due on the date stated on the invoice.
3. You must make payment of all amounts owing to us without any set off or deduction.
Pricing
4.All products on this website are listed in NZ currency, include GST and available for delivery within NZ.
5.A credit card surcharge of 2% may be charged on special orders raised off the website where a credit card is used for payment
6.Enquiries for products from customers outside of NZ will be considered on a case by case using an agreed prepayment process via a third party eg Paypal. Any fees associated with payment by a third party will be added to a customer invoice.
Product Orders
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malicious software.
9. Orders maybe cancelled within 24 hours without penalty if not already dispatched.
10. We undertake to accept or reject your order within seven (7) days. If we have not responded to you within seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
11. All risk of loss or damage to the goods passes to you when we dispatch the goods.
Product Descriptions
12. We endeavour to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any error in description, we reserve the right to correct any error or omission.
13. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Freight & Delivery
14.We charge freight on all orders unless a promotion states "freight free" terms.
15. Typically smaller goods less than 25Kg or 0.125m³ will transported by courier with larger goods by specific quote with national carriers
16. We endeavour to dispatch all orders within 24 hours and deliver within 2 working days however deliveries to rural areas may be take additional time. We undertake to provide our customers with tracking numbers where available.
Order Cancellation Due To Error
17. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Product Returns
18. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our “contact us” webpage.
19. We undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within thirty (30) days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
20. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase less any freight charges we have incurred.
Property Rights
21. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
22. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
23. Any comment, feedback, idea or suggestion which you provide to us through this website becomes our property. If in future we use this information in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use this information for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted this information.
24. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Site Access
25. When you visit our website, we give you a limited licence to access and use our information for personal use.
26. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
27. Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
28. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Disclaimers
29. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
30. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
31. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malicious software, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
32. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
33.Without restricting the limitations of liability contained elsewhere in these terms and conditions, our liability in relation to the supply of the goods and the goods themselves is limited to purchase price of the goods in respect of which such liability arises. We have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage of whatever type or however arising.
Indemnity
34. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
35.We will not be in breach of these terms and conditions because of any failure on our part directly or indirectly due to wars, strikes, lockouts, delays or defaults in manufacturers or suppliers, acts of God or any other cause (whether similar or dissimilar) beyond out reasonable control.
Jurisdiction
36. These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
38. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
39. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from ‘about us’ on our home page.
In these terms and conditions, “we” “us” and “our” refers to Macs Equipment Ltd. Your access to and use of all information on this website including purchase of any product/s is provided subject to the following terms and conditions:
We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.
Terms of Payment
1. Payment is due in cash at the time you place an order with us for the goods, unless we have previously agreed to supply you on trade terms.
2. Where we have agreed to supply you on trade terms, payment is due on the date stated on the invoice.
3. You must make payment of all amounts owing to us without any set off or deduction.
Pricing
4.All products on this website are listed in NZ currency, include GST and available for delivery within NZ.
5.A credit card surcharge of 2% may be charged on special orders raised off the website where a credit card is used for payment
6.Enquiries for products from customers outside of NZ will be considered on a case by case using an agreed prepayment process via a third party eg Paypal. Any fees associated with payment by a third party will be added to a customer invoice.
Product Orders
7. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
8. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malicious software.
9. Orders maybe cancelled within 24 hours without penalty if not already dispatched.
10. We undertake to accept or reject your order within seven (7) days. If we have not responded to you within seven (7) days, your offer is deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in stock.
11. All risk of loss or damage to the goods passes to you when we dispatch the goods.
Product Descriptions
12. We endeavour to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any error in description, we reserve the right to correct any error or omission.
13. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Freight & Delivery
14.We charge freight on all orders unless a promotion states "freight free" terms.
15. Typically smaller goods less than 25Kg or 0.125m³ will transported by courier with larger goods by specific quote with national carriers
16. We endeavour to dispatch all orders within 24 hours and deliver within 2 working days however deliveries to rural areas may be take additional time. We undertake to provide our customers with tracking numbers where available.
Order Cancellation Due To Error
17. Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
Product Returns
18. We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our “contact us” webpage.
19. We undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within thirty (30) days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
20. If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse you for the amount initially debited for the purchase less any freight charges we have incurred.
Property Rights
21. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
22. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
23. Any comment, feedback, idea or suggestion which you provide to us through this website becomes our property. If in future we use this information in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use this information for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted this information.
24. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Site Access
25. When you visit our website, we give you a limited licence to access and use our information for personal use.
26. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
27. Except as permitted under the Copyright Act 1962, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
28. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Disclaimers
29. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
30. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
31. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malicious software, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
32. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Limitation of Liability
33.Without restricting the limitations of liability contained elsewhere in these terms and conditions, our liability in relation to the supply of the goods and the goods themselves is limited to purchase price of the goods in respect of which such liability arises. We have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage of whatever type or however arising.
Indemnity
34. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Force Majeure
35.We will not be in breach of these terms and conditions because of any failure on our part directly or indirectly due to wars, strikes, lockouts, delays or defaults in manufacturers or suppliers, acts of God or any other cause (whether similar or dissimilar) beyond out reasonable control.
Jurisdiction
36. These terms and conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New Zealand and you agree to submit to the jurisdiction of those Courts.
37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
38. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
39. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from ‘about us’ on our home page.
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