Terms & Conditions of TradeOur Trading Terms and Policies Explained
Introduction: Interacting with the Infracomfort Online Store
Before you begin purchasing through the Infracomfort Online Store, please read and understand our user agreement. By interacting with our website, you’re agreeing to these terms of service. If you don’t agree, you’re still welcome to use our site, but you might not be covered by our transaction terms, warranties, and refund policies.
In this document, ‘we’, ‘us’, or ‘seller’ means Infracomfort NZ Ltd. ‘You’, or ‘buyer’ refers to any individual or business buying from us within New Zealand. If you’re purchasing from outside New Zealand, please note different terms may apply.
Terms of Service
1. General Terms
- When we accept your order, these terms and conditions, along with our acceptance, make up the whole agreement between us. We’re both agreeing that there are no other understandings, representations, or warranties beyond what’s in this contract. Specifically:
- Any condition in your order that doesn’t match these conditions won’t apply unless we’ve expressly agreed to it in writing.
- Any changes to your order, including cancellations, need to be accepted by us in writing. Please note that cancellations may incur a handling fee of up to 15% of the order price.
- If we agree to change the quantity of your order, we reserve the right to adjust the price based on either the original or revised quantity. This decision will be at our discretion.
2. Order and contract formation
- Our website and ads are an invitation for you to make a purchase.
- When you place an order, you’re making an offer to buy according to these terms.
- We may choose whether to accept your order, especially if we don’t have the items in stock when you place it.
- We accept your order (and our contract begins) when we dispatch your goods.
- If we don’t have your goods in stock, we can backorder and will inform you within 24 hours about an estimated delivery time. Please note that delays could occur due to importing and production issues. If we can’t deliver within a reasonable time, we’ll provide a full refund.
3. Pricing and payment terms
- Unless we’ve agreed otherwise in writing, you need to pay before we deliver your goods.
- If we’ve extended credit to you, you must pay all due amounts by the 20th of the month following the invoice month, unless an alternative date has been mutually agreed upon in writing by both parties.
- All payments from you to us must be in full and without any deductions, setoffs, counterclaims or legal claims.
- If you don’t make your payment by the due date, we reserve the right to:
- Hold off on delivering your goods.
- Charge interest on unpaid amounts at 15% per annum calculated daily from the due date until we receive full payment.
- Sell the goods at a price and terms we determine, and charge you any difference between the sale amount and the contract amount.
- Charge the payment due to your credit card.
- Our prices can change without notice. You’ll pay the price in effect when we dispatch your goods as noted on the invoice.
- Our prices include GST unless otherwise noted. You’re responsible for any other taxes, whether they’re imposed before or after we accept your order.
- For orders outside New Zealand, you need to pre-pay the full amount, including shipping and any customs fees.
- We may choose to dispatch your order all at once or in parts. If there’s an issue with delivering part of your order, this doesn’t affect the parts we’ve already sent.
- Any delivery times we provide are estimates. While we strive to meet these timelines, we can’t guarantee them.
- You’re responsible for delivery costs from the point where we dispatch the goods.
5. Shortages, damage, or loss during delivery
- If there’s a shortage in your order, our liability is limited to fulfilling the missing items. If there’s a shortage, you need to notify us within 24 hours of delivery and allow us a reasonable chance to look into your claim. We pack our goods carefully to prevent damage. For any damage or loss during delivery, please make your claim against the carrier as follows:
- Before accepting the delivery, ensure you’ve received everything listed on the carrier’s note.
- If you notice a shortage or damage to the packaging, make a note on the carrier’s document, and please photograph any damage and send the photo to us.
- Within 24 hours of receiving your order, check that all items are in good condition.
- We can’t consider any claims made more than 24 hours after you receive the goods. We don’t accept liability for goods damaged or lost during delivery, but please let us know about any issues so we can help where we can.
6. Returning unused goods
- You can return the goods we’ve supplied within 30 days of delivery, but keep in mind the following conditions:
- You’ll need to return the goods at your own cost, unused and in their original packaging, to our store.
- Please provide proof of purchase when returning the goods.
- We’ll inspect the returned goods to make sure they’re undamaged and working properly before we accept them.
- If we accept your return, we’ll give you store credit equal to the full purchase price, excluding shipping. You can use this credit for future purchases.
- We’ll give you a cash refund upon confirmation of the return as per clause 6.1 above.
- We don’t accept returns for items sold at ‘disposal’ or heavily discounted prices (for example, a discount of 40% or more).
- All our sales, except those made for business purposes, are covered by the Consumer Guarantees Act.
7. Our liability and product warranty
- Please ensure the goods you order are suitable for your needs, as we aren’t liable if they’re not.
- If there’s a defect or failure in our goods, or if they cause any loss, injury, or damage, our liability is limited as per clause 7.4. We aren’t liable for any direct or consequential loss or damage due to defects in our goods. This applies whether the liability arises from tort, contract, negligence, or any other cause.
- If you’re not buying the goods for business purposes, the Consumer Guarantees Act 1993 applies, despite anything else in these terms and conditions. If you’re buying the goods for business purposes, the Consumer Guarantees Act 1993 doesn’t apply.
- Our Infracomfort far-infrared heaters are warranted against faulty workmanship and materials for 5 years, and our Infracomfort thermostats for two (2) years from the purchase date. Within these periods, we’ll repair or replace (at our discretion) any defects due to faulty workmanship or materials. This warranty doesn’t apply if you keep using the equipment after noticing a fault, or if any part of the goods has been misused, neglected, altered, incorrectly installed, damaged in an accident, or damaged by transportation, flood, fire, or acts of God. Under this warranty, our responsibility is limited to repairing or replacing parts at no charge. Any claim under this warranty is subject to our inspection, or for electrical faults, inspection by a service technician we nominate. You need to deliver goods returned for inspection, credit, refund, warranty, or repair at your own cost. When using electrical equipment we’ve supplied, you must install suitable overload protection.
- Our liability under this contract and the warranty in clause 7.4 is only to the buyer named in this contract. We aren’t liable to any other buyer of the goods, and the rights under this contract can’t be transferred without our prior written consent.
8. Ownership and risk
- Risk (including the responsibility for insurance) passes to the buyer either when the buyer collects the goods, or when we, or our source, deliver the goods to the buyer, the buyer’s agent, or a carrier for delivery to the buyer.
- We retain ownership of all goods we sell until we’ve received full payment for all supplied goods. This clause is to protect us in case the buyer becomes bankrupt, goes into receivership or liquidation, a creditor seizes the goods, or the buyer defaults on payment.
- Until we’ve received full payment, the buyer agrees to:
- Keep the goods in a way that they can easily be identified as ours.
- Keep the goods in good condition and return them to us immediately if we ask for this.
- If the goods are sold or otherwise realised, identify and separately account for the proceeds of the sale.
- If the buyer hasn’t yet acquired ownership of any goods, we can at any time enter any land, premises or property where we believe the goods may be, to inspect and/or remove the goods, using force if reasonably necessary. If we remove the goods, then:
- The buyer’s (or the buyer’s agent’s) right to possess any goods and to sell or dispose of them ends immediately without us needing to give notice.
- The buyer must reimburse us and protect us against the cost (including legal costs on a solicitor-client basis), expenses, and loss or damage (including to third parties) arising from us exercising or attempting to exercise our rights.
- We can cancel any or all contracts with the buyer, and we won’t be liable to the buyer for this.
- All money the buyer owes us for any reason becomes immediately due and payable.
- The value of any seized goods will be the lesser of their current market value or their invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any excess after we’ve been paid all the money the buyer owes us (including under the indemnity) will be paid to the buyer.
9. Errors or omissions
- We reserve the right to correct errors and omissions (clerical, computational or otherwise) in our advertisements, quotes, invoices, or acknowledgements at any time. Due to our administrative processes, any errors might be discovered up to 30 days after the goods have been delivered to you. If we identify any such error or omission, we’ll inform you promptly and give you the option to return the goods for a full refund.
10. Description of product
- As we constantly modify and improve our products and rely on information from suppliers and product manufacturers, product descriptions, illustrations, and literature are not binding on us. If the goods don’t match the description on our website, please let us know immediately so we can take appropriate action.
11. Force majeure
- We are not liable to you for any loss or damage resulting directly or indirectly from any delay in delivering the goods or failure to perform any term of this contract if such delay or failure is caused by circumstances beyond our reasonable control.
- You are solely responsible for obtaining any necessary permits and complying with all legislation, regulations, by-laws, or rules related to the installation and operation of the goods.
13. Personal Property Securities Act 1999
- Until full payment is received for the supplied goods, you acknowledge and agree that:
- These terms and conditions form a security agreement as defined by section 36 of the Personal Property Securities Act 1999.
- A security interest is taken in all goods we have supplied to you previously (if any) and all goods we will supply in the future.
- You agree to:
- Sign further documents and/or provide further information, which should be complete, accurate, and current, as we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register (PPSR).
- Indemnify us for, and reimburse us upon request for, all expenses we incur in registering a financing statement or financing change statement on the PPSR or releasing any goods secured by it.
- Not register a financing change statement or a change demand without our prior written consent.
- Give us not less than 14 days prior written notice of any proposed change in your name or any other change in your details.
- Immediately advise us 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.
- In the event of a default, we are entitled, in addition to our rights under section 109 of the PPSA, to remove, possess, and sell the collateral. You hereby give us license to enter, and if necessary, break into any building you occupy to remove and take possession of the collateral.
- You agree that sections 114(1)(a), 133 and 134 of the PPSA won’t apply to this agreement or the security created by it.
- You waive your rights under sections 120(2), 121, 125, 129, 131 and 132 of the PPSA and waive your rights to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the security interest created by this agreement.
- For the purpose of this agreement, Security Interest, Collateral and Perfected Security Interest have the meanings set out in s16 of the Personal Property Securities Act 1999.
- The buyer agrees to pay to the seller all costs (including legal costs on a solicitor/client basis) of and incidental to the execution and discharge of this agreement and any of the securities and also all monies expended or charged by the seller as a consequence of default or which the seller considers in any way necessary to incur in the attempted protection, enforcement or attempted enforcement of the seller’s rights and remedies pursuant to this agreement.
15. Disputes and Law
- Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
- The contract including these terms and conditions of sale shall be governed by New Zealand Law.
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