TERMS & CONDITIONS
1.0 Acceptance
1.1 All orders for the supply of Goods and Services are subject to these terms and conditions.
1.2 Where more than one Customer has ordered Goods, the Customers shall be jointly and severally liable for payment of the price.
1.3 These terms and conditions can only be amended with the Seller’s written consent.
2.0 Payment
2.1 All prices (unless stated otherwise) include GST.
2.2 Prices are correct at time of publication. However, the Seller reserves the right to alter prices for any reason.
2.3 The Seller is the owner of the Goods until payment is received for all amounts owing for the Goods, including any storage and freight costs.
2.4 Goods displayed on this website can be purchased using a secure online credit card transaction facility. Customer’s details are protected by the latest security mechanisms and are used only for fulfilment of the transaction.
2.5 Payment can only be made by cash, or cheque, or direct credit if the Seller agrees.
3.0 Delivery
3.1 The Seller is under no obligation to accept any order.
3.2 If the Seller accepts an order, it will endeavour to meet your delivery requirements but gives no guarantee that it will be able to do so.
3.3 Any time stated for delivery will be an estimate only. The Seller will endeavour to advise you of any known delivery delays.
3.4 The Seller may deliver the Goods by separate instalments.
3.5 You are not entitled to cancel your order if the Seller fails to deliver the Goods or makes a defective delivery of any part of the Goods.
3.6 If the Seller arranges storage, freight or insurance for any Goods for you:
3.6.1 it will do so as your agent; and
3.6.2 you agree to indemnify the Seller against any liability or costs the Seller may incur providing the Services to you.
3.7 You must make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery. If you are unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery.
3.8 Delivery to a third party nominated by you is deemed to be delivery to you.
3.9 All risk for the Goods passes to you on delivery.
3.10 If you do not give any notice of any alleged defect, or failure to comply with the Customer’s order within seven (7) days of delivery (time being of the essence), it shall be conclusively deemed that you have accepted delivery of the Goods.
4.0 Consumer Guarantees Act
4.1 This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where you are contracting within the terms of a trade/business (which cases are specifically excluded).
5.0 Warranty
5.1 Goods that are not manufactured by the Seller are subject to the manufacturer’s warranty only.
5.2 Subject to the conditions in clause 5.3, the Seller warrants that if any defect in, or damage to, the Goods manufactured by the Seller become apparent and are reported to the Seller within ninety (90) days of the date of delivery (time being of the essence) then the Seller will either (at the Seller’s sole discretion) repair or replace the Goods.
5.3 The above warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
5.3.1 your failure to properly maintain the Goods; or
5.3.2 your failure to follow any instructions or guidelines provided by the Seller or manufacturer; or
5.3.3 using the Goods otherwise than for their ordinary purpose or any application specified in an order; or
5.3.4 the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
5.3.5 fair wear and tear, any accident or disaster.
5.4 The warranty shall cease if the Goods are repaired, altered or overhauled without the Seller’s consent.
5.5 The Seller shall not be liable for any delay in either replacing or repairing the Goods or in assessing any claim.
6.0 Returns
6.1 Returns will only be accepted provided that:
6.1.1 you have complied with clause 5.2;
6.1.2 the Seller has agreed in writing to accept the return of the Goods;
6.1.3 the Goods are returned at your cost within the following seven (7) days; and
6.1.4 the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material.
6.2 The Seller may (in its discretion) accept the return of Goods for credit, but you may incur a handling fee of 20% of the returned Good’s value plus any storage and freight costs.
7.0 Personal Property Securities Act 1999 (PPSA)
7.1 You acknowledge and agree that:
7.1.1 these terms and conditions constitute a security agreement for the purposes of the PPSA; and
7.1.2 a security interest is taken in all Goods previously supplied by the Seller to you (if any) and all Goods that will be supplied in the future by the Seller to you.
7.2 You undertake to:
7.2.1 sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
7.2.2 indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement on the Personal Property Securities Register or releasing any security interest in the Goods;
7.2.3 not register a financing change statement or a change demand without the Seller’s prior written consent of the Seller; and
7.2.4 immediately advise the Seller of any material change in your business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
7.3 The Seller and you agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
7.4 You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
7.5 Unless otherwise agreed to in writing by the Seller, you waive your right to receive a verification statement in accordance with section 148 of the PPSA.
7.6 You shall also unconditionally ratify any actions taken by the Seller under clause 7.
8.0 Default
8.1 In the event of non-payment or other breach of these terms and conditions, you will pay all the Seller’s actual costs incurred in the course of any debt collection plus interest at the rate of 2.5% per month on all overdue amounts including debt collection costs, and, in the event of legal action, will be liable to continue to pay interest at that rate after judgment until full payment has been received by the Seller. All payments shall be applied first in payment of accrued interest.
9.0 Cancellation
9.1 The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. On giving notice the Seller shall repay to the Customer any sums paid towards the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
9.2 If you cancel any order, you shall be liable for any loss incurred by the Seller (including, but not limited to, any loss of profits) up to the time of cancellation.
10.0 Privacy Act
10.1 Whenever you visit our website, our servers automatically record information about your usage of our website through ‘cookies’ and clickstream data.
10.2 Cookies are small pieces of information stored by your browser on your computer or mobile device. Cookies and clickstream data are used to maintain session information between your browser and the Seller’s website and identify things related to your use of the website such as the time, date and URL of the pages you visit, your IP address, your location and browser software. Some computers and mobile devices also permit your location to be shared with the Seller (often referred to as geo-location data). Most browsers can notify you when a new cookie is received or let you turn off cookies or geo-location services altogether. Turning off these services may mean some features on this website are not available to you.
10.3 The Seller uses information obtained this way in order to learn about your preferences so that it may improve the Seller’s website and the Goods offered through it.
10.4 You authorise the Seller to collect, retain and use any information about you to:
10.4.1 process and fulfil your order (including to send you emails to confirm your order status and shipment);
10.4.2 communicate with you and to send you information by email, postal mail or other means about Goods and the Seller’s promotions (unless you have directed the Seller not to contact you with promotional communications);
10.4.3 administer and fulfil promotions;
10.4.4 learn more about your shopping preferences;
10.4.5 address problems with and improve the website design and Goods;
10.4.6 enhance your shopping experience;
10.4.7 analyse trends and statistics;
10.4.8 protect the security or integrity of this website and the Seller’s business;
10.4.9 contact you if necessary; and
10.4.10 disclose information about you to any debt collection agency.
10.5 If you are an individual the authorities under clause 10.4 are authorities or consents for the purposes of the Privacy Act 1993.
10.6 You have the right to request a copy of the information about you retained by the Seller and the right to request that the Seller to correct any incorrect information about you.
11.0 Website
11.1 You are responsible for your use of this website.
11.2 You may not download, modify, transmit, or otherwise use any material from this website for public or commercial purposes.
11.3 This website content, information and advice is free of charge (unless otherwise stipulated). However, you are responsible for your own network and connection charges.
11.4 Other than connecting to the Seller’s servers by HTTP requests using a web browser, you may not attempt to gain access to the Seller’s servers by any means including, without limitation, by using administrator passwords or by masquerading as an administrator while using this website or otherwise.
11.5 You must not disrupt, modify or interfere with this website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of this website. You further agree not to alter or tamper with any information or materials on, or associated with, the Seller and/or this website.
12.0 General
12.1 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.
12.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the courts of New Zealand.
12.3 In the event of any breach of these terms and conditions by the Seller, your remedies shall be limited to damages and under no circumstances shall the liability of the Seller exceed the Price of the Goods.
12.4 You shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to you by the Seller.
12.5 The Seller may license or sub-contract all or any part of its rights and obligations without your consent.
12.6 The Seller reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Seller notifies you of such change.
13.0 Definitions
In these terms and conditions:
13.1 “Seller” means Henry Brooks & Co Limited or any person acting on behalf of and with the authority of Henry Brooks & Co Limited;
13.2 “Goods” means the Goods supplied by the Seller to you (and where the context so permits shall include any supply of Services) and are as described on the order and/or invoice; and
13.3 “Services” shall mean all services supplied by the Seller to you and includes storage, freight or insurance for any Goods.