Terms and Conditions
- Thank you for visiting www.pumps.co.nz or www.pureh20.co.nz and/or ordering goods or services from us. To ensure you fully understand the terms of sale please read these terms and conditions carefully.
2.1 In this agreement:
‘due date’ shall mean the date which payment for goods or services is due, being two (2) days after the date of our invoice unless alternative arrangements have been made between you and us.
‘goods’ and ‘services’ shall mean all goods or services provided by us to you and shall include, without limitation, all charges for labour and work, hire rates, insurance charges, or any fee or charge associated with the supply of goods or services by us to you;
‘price’ shall mean the cost of the goods or services as agreed between us and you subject to clause 4 of these terms and conditions;
‘site’ shall mean the websites at www.pumps.co.nz and www.pureh20.co.nz;
‘site content’ shall collectively mean all information and content available on the site, including but not limited to logos, text, buttons, icons, graphics, data compilation, images and audio clips;
‘terms and conditions’ shall mean the terms and conditions set out in this document;
‘we’, ‘us’ and ‘our’ shall mean All Pumps Limited and its directors, agents and employees;
‘you’ shall mean the customer, its agents and employees or any person acting on behalf of and with the authority of you, or any person purchasing goods or services from us.
3.1 By placing any order for goods or services, you accept and agree to be bound by these terms and conditions without limitation or qualification.
3.2 We may revise these terms and conditions from time to time by updating the posting of this document on the site or giving notice to you. We therefore strongly advise you to carefully read these terms and conditions whenever you make an order for goods or services or submit any information to us.
3.3 Any instructions or order received by us from you for the supply of goods and services shall constitute acceptance of these terms and conditions.
3.4 The terms set out in any email or letter sent by us to you override these terms and conditions if there is any inconsistency between them.
4.1 Where no price is stated in writing or agreed to orally the goods and services shall be supplied at our standard rate as at the date of supply.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond our control between the date of the order and the date of the supply of the goods or services.
5.1 We may require a deposit from you prior to supplying you goods or services. We may withhold any goods or services until the deposit has been paid.
5.2 Payment for goods or services shall be made by you in full on or before the due date.
5.3 If you use a credit card to pay an invoice, we may charge you credit card fees in addition to the invoiced price.
5.4 Interest may be charged on any amount outstanding after the due date on any amount which is more than seven (7) days overdue at the rate of 2.5% of the outstanding amount per month.
5.5 Should you fail to pay your invoices by the due date then you shall pay our costs and expenses (including legal costs on a solicitor – client basis) which may be incurred in the recovery or attempted recovery of overdue amounts from you.
5.6 We may withhold the provision of any goods or services to you until the outstanding amount is paid.
6.1 Cancellation of services after we have arrived at your site will incur a cancellation fee. You will be notified of the cancellation fee payable at the time of order.
6.2 Payment of any cancellation fee owing shall be made in accordance with the payment terms set out in these terms and conditions.
- Ownership and Risk
7.1 Ownership of goods remains with us until payment is made in full.
7.2 The risk of any loss or damage to any goods sold, or deterioration of the goods, due to any cause whatsoever shall pass to you upon delivery. If the goods remain on our premises owing only to the failure by you to accept the goods or at your request, those goods shall be held at your risk.
8.1 You shall inspect the goods on delivery and shall within two (2) days of delivery notify us of any alleged non-compliance, shortage in quantity, damage or failure to comply with the description (as applicable). If you fail to comply, the goods shall be presumed to be in accordance with these terms and conditions and free from any damage or defect and we shall not incur any subsequent liability whatsoever in relation to the goods.
8.2 For damaged goods which we have agreed in writing that you are entitled to reject, our liability is limited to repairing or replacing the goods provided that:
(a) you have complied with all provisions of these terms and conditions;
(b) the goods are returned to us at your cost within five (5) days of the delivery date; and
(c) the goods are returned in the condition in which they were delivered with all packaging material.
8.3 We are not liable for goods which have been improperly stored causing damage or deterioration.
8.4 Goods supplied to you are not able to be returned or exchanged except as otherwise set out in these terms and conditions. Nothing in these terms and conditions shall prevent a customer to whom the Consumer Guarantees Act 1993 (‘CGA’) applies from exercising any remedies that customer may have under the CGA.
- Security Interest
9.1 We will supply goods to you on the basis that we have a purchase money security interest as defined in the Personal Property Securities Act 1999 in those goods.
9.2 If payment for goods is overdue in whole or in part we may repossess and resell or retain the goods and may for that purpose enter your premises or any other premises upon which the goods are situated at any time, without notice and without being in any way liable to you or any other person or entity.
9.3 If you dispose of any of the goods before payment is made in full, you shall hold the proceeds of sale in trust for us.
- Limitation of Liability
10.1 The CGA, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on us, our liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the lesser of the minimum extent required by the relevant statute or the fees paid under the invoice for the goods and services.
10.2 Except as otherwise provided by clause 8.2, we shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of goods and services to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from the services provided by us to you.
10.3 The guarantees contained in the CGA are excluded where we provide goods or services for the purposes of a business in terms of sections 2 and 43 of the CGA.
10.4 We will not be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where such delay or failure is caused directly or indirectly from causes beyond our control (including any failure by any of our suppliers to supply on time).
- General Lien
11.1 You agree that we may exercise a general lien against all goods and services or property belonging to you that is in our possession for all sums outstanding under these terms and conditions and any other contract to which you and us are parties.
11.2 If the lien is not satisfied within seven (7) days of the due date we may, having given notice of the lien either:
(a) remove such goods and store them in such a place and manner as we shall think fit and at your risk and expense; or
(b) sell such goods or part thereof upon such terms as we think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
12.1 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to goods or services except where goods are supplied or the services provided pursuant to the CGA (subject to clause 10.3).
13.1 You indemnify us and our officers, directors, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis, that we or any of our officers, directors, agents, advisers or employees incurs or suffers as a direct or indirect result of the provision of goods and services by us to you or any breach of these terms and conditions by you.
14.2 You agree that we may disclose information we hold about you to credit reporting and/or debt collection agencies, as necessary to recover any amount you owe us. You also agree that we may obtain information about your credit history from appropriate agencies.
15.1 The site content is our property and protected by law, including laws governing copyright and other intellectual property rights.
15.2 Unless otherwise expressly authorised by law, you may not use, transfer or copy any of the site content for public or commercial use without our permission. You may only print, download extracts or use any pages of the site content for your personal use. You acknowledge our status as the owner of the site content.
- Accuracy of Information
16.1 We will make reasonable endeavours to provide accurate information regarding goods and services, prices, images and colours on the site. However, to the extent permitted by applicable laws, we do not warrant that the descriptions, text, colours, contents or other images on the site are comprehensive, error-free or completely accurate.
16.2 We reserve the right to make changes to any part of the site or goods and services available from the site at any time with or without prior notice.
17.1 These terms and conditions shall be binding on the legal representatives, assignees and successors of both parties.
17.2 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.3 No failure or delay on the part of either party in exercising any power or right under these terms and conditions will operate as a waiver, nor will any single or partial exercise of such right or power preclude any other or future exercise of the same, or any other right or power contained in these terms and conditions.