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General Terms & Conditions of Sales (Online Shop)
1. Definitions
1.1 Jungheinrich New Zealand Limited is hereinafter referred to as the “Seller” which expression shall include its successors in title.
1.2 The person or entity whose order for Equipment (as defined in clause 1.4 below) is accepted by the Seller is hereinafter referred to as the "Buyer" whether or not expressly referred to in other documents of sales, purchase invoices or delivery notes issued by Seller or Buyer.
1.3 “Contract” means the agreement made between the Buyer and the Seller and referred to in clause 2.1 herein, for the purchase of the Equipment comprising the terms set out in the Seller’s offer and these Terms and Conditions.
1.4 “Equipment” shall include any forklifts, goods, equipment, machine, inventory, or part thereof and any attachments or fittings or replacements or any other things sold under this Contract.
1.5 “Rules and Regulations” means any written laws, legislation, regulation, by-law, or other similar instrument, including any amendment thereto or re-enactment or replacement thereof.
1.6 “Price” means the cost of the Equipment sold by the Seller to the Buyer pursuant to this Contract.
1.7 “Terms & Conditions” means these General Terms & Conditions of Sales (Online Shop).
1.8 “Working days” means Monday to Friday except public holidays.This
2. Binding Contract
2.1 The signed offer by the Buyer or the order, whether by letter, attached to an electronic mail, facsimile or other forms of communication for the sale of Equipment shall be construed and deemed as an express acceptance of these Terms and Conditions and together shall be known as the "Contract" and in so far as any provision of the Buyer’s said order be inconsistent therewith, these Terms and Conditions shall be deemed to prevail. These Terms and Conditions likewise apply to all future transactions with the Buyer regarding the products listed in the Seller‘s offer and signed by the Buyer, and shall always prevail over any differing or additional terms and conditions proposed or included by the Buyer and not contained in the Contract including, without limitation, those contained in Buyer’s order, acknowledgment of invoice, or additional or any other documents.
2.2 Any variations or purported variations of these Terms and Conditions shall be deemed to be of no effect unless otherwise agreed in writing in an amendment contract and signed by an Authorised Manager or Director of the Seller. All other terms shall remain in force and the Contract shall be deemed amended accordingly.
2.3 In case individual terms of the Contract should become partly or wholly invalid due to governmental law, regulation, order or action, Seller and Buyer shall forthwith try to find a mutually acceptable replacement for the term thus invalidated. If no mutual agreement concerning such replacement can be reached, Seller shall have the option to either accept the invalidation thereof and keep the remainder terms of the Contract in force or be entitled to terminate the Contract by written notice to the Buyer.
3. Changes in goods
The Seller reserves the right to make any changes in the specification of the Equipment to be delivered, provided it does not materially affect the quality or performance or if the Equipment is/are required to conform to any applicable statutory requirement.
4. Price Revision
4.1 Prices quoted or contracted by Seller with the Buyer may be revised by Seller to cover unforeseen increase in Seller's cost which are due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of custom or other duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Equipment requested by the Buyer or any delay caused by any instructions of the Buyer or the failure of the Buyer to give the Seller adequate information or instructions.
4.2 If Seller desires to revise prices accordingly but is restricted to any extent against so doing by reason of any law, regulation, order or action, or if the cost basis of prices quoted or contracted as fixed prices is altered by reason of any law, regulation, order or action, Seller shall have the right to rescind the Contract by written notice to Buyer if the parties cannot agree forthwith on a mutually acceptable solution concerning the additional cost thus incurred by the Seller.
5. Terms of Payment
5.1 The Buyer shall pay the price of the Equipment by debit/credit card, bank transfer or e-wallet. All purchases will be charged to the nominated card upon submission of the order. If the issuer of Buyer’s payment card refuses to authorise payment, the Seller will not be liable for any delay or non- delivery.
5.2 If a credit/debit card is presented or a bank or e-wallet transfer is made as payment, the card or account holder will be jointly and severally liable as a Buyer.
5.2 Unless otherwise stated, all prices quoted by the Seller is exclusive of the Goods and Services Tax (GST).
5.3 Subject to the Seller providing a tax invoice, the Buyer must pay to the Seller the amount of any GST payable in respect of the supply of the Goods or Services to the Buyer at the same time that the purchase price for the Equipment is payable.
5.4 All amounts payable to the Seller by the Buyer must be paid in New Zealand dollars (NZD) in full without set-off on or before the due date for payment.
6. Delivery Periods / Delivery Dates
6.1 Confirmed delivery periods shall apply only from the date that all details of the order have been clarified and confirmed, including clarification and confirmation of all technical details and other documents required by Seller to execute the order and are subject to Buyer's compliance with the payment terms as stipulated in the offer.
6.2 The Seller shall be allowed to make partial delivery or early delivery upon giving reasonable notice to the Buyer. In the event, delivery of the Equipment is prevented for reasons beyond the Seller's control, the delivery deadlines and dates will be considered respected if the Buyer is notified on the agreed dates that the Equipment is ready for delivery. If the Buyer requests to delay delivery of the Equipment, fails to take delivery of the Equipment or fails to give the Seller adequate delivery instructions, then the Seller, without prejudice to any other right or remedy available to it at law or under the Contract, may store the Equipment until actual delivery and charge the Buyer for the cost of intermediate handling and storage of the Equipment. In case such delay of delivery of Equipment exceeds one month, Seller is entitled to charge Buyer interest at a rate of 1.5% per month on the total value of the Contract (“Contract Price”). Interest shall not be charged by the Seller in cases of force majeure.
6.3 Where the Equipment is to be delivered in instalments, each delivery shall constitute a separate contract. If the Seller fails to deliver one or more of the instalments in accordance with the Contract, claims by the Buyer in respect of any one or more instalments; shall not entitle the Buyer to treat the entire Contract to be repudiated.
7. Delivery acceptance
Buyer agrees to accept the Equipment supplied (or the service rendered) immediately upon delivery and to give notice in writing of any claim which is based on failure to correspond with specifications within three (3) working days of delivery. Failure to give notice in writing as aforesaid within the specified time constitutes an unqualified acceptance of the Equipment and waiver of all claims with respect thereto. Once the notice period has passed, the Buyer shall not be entitled to reject the Equipment and the Seller shall have no liability for failure to correspond with specifications, and the Buyer shall be bound to pay the Price as if the Equipment had been delivered in accordance with the Contract. Any acknowledgement of the notice by the Seller means that a verification process will be initiated and this in no way shall be construed as an acceptance of the claim notified by the Buyer.
8. Liability and Risk
Upon notification to the Buyer that the Equipment is available for collection and acceptance by Buyer's carrier or upon delivery to Buyer's premises, whichever comes first, the Buyer shall assume all risks, responsibility and liability for loss and damage to the Equipment resulting from the transportation, handling, storage or use of the Equipment supplied under the Contract. Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall in no event be liable to the Buyer by reason of any representation, implied warranty, condition or other term, or under the express terms of the Contract for any indirect, special, consequential, incidental or other damages whether such damages are foreseeable or not, (whether for loss of profit or otherwise), loss, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise or resulting from delayed delivery, short shipment, handling, storage, use, imperfection or otherwise of Equipment supplied which arise out of or in connection with the sale or supply of the Equipment or their use or resale by the Buyer). The Seller's entire liability in respect of Equipment supplied or sold under the Contract shall in any case be limited to the total value of the Contract in respect of which damages are claimed.
9. Force Majeure
The Seller is entitled to defer the delivery of the Equipment or to reduce the number of Equipment ordered or to cancel or terminate the Contract without being liable to the Buyer, if the Seller is prevented from or delayed in the carrying on of its business due to circumstances beyond their reasonable control or by events of force majeure. Events of such force majeure shall include but not limited to acts of God, war, riot, fire, explosion, accident, flood sabotage, pandemic, lockdowns as ordered by authorities or government, inability to obtain fuel, power, raw material, labour, containers or transportation facilities, breakage or failure of machinery or apparatus, governmental law, regulation, order or action, national defence requirements or any other event beyond the reasonable control of Seller or in the event of labour disputes, strike, lockouts, or injunction, any of which events prevent the manufacture or dispatch of a shipment of the Equipment or a material which the manufacture of the Equipment is dependent. If due to such event Seller is unable to supply part or all of the Equipment contracted under the Contract, Seller shall not be liable to the Buyer or be deemed to be in breach of the Contract and shall be exempted to such extent from its obligations with respect to the particular delivery upon giving prompt notice of such event to Buyer, but the Contract shall otherwise remain in force.
10. Property of Documents
Documents, including illustrations, drawings, cost estimates and printed literature as well as data sheets stating weight, dimensions, performance and energy requirement, submitted by Seller to Buyer shall not be deemed to be binding specifications unless expressly stated in a binding offer submitted by the Seller. Seller shall retain title to and copyright of all such documents irrespective of the form or cover under which they were submitted to Buyer and Buyer shall not pass on such documents or any proprietary information received from Seller to third parties either in writing or verbally, without the prior written consent of Seller.
11. Reservation of Title
Notwithstanding delivery and the passing of risk in the goods, Equipment supplied or sold by the Seller shall remain Seller's property until the Price in respect of such Equipment has been paid in full by Buyer. In case the Equipment have been processed by Buyer before the full Price has been paid, Seller's reservation of title shall extend over the entire new product from which the Equipment was processed. In case of processing, combining or mixing Seller's Equipment with goods owned by Buyer or third parties, Seller shall acquire a part title of the newly created products at a percentage corresponding to the ratio between the value of Seller's Equipment to that of the goods of Buyer or third parties. Until such time as the property in the Equipment and the newly created product passes to the Buyer, the Buyer shall hold the Equipment as the Seller's fiduciary agent and bailee and the Buyer shall store the Equipment and such newly created products in a manner to indicate that Buyer holds these goods and products as a bailee for Seller. Buyer may nevertheless sell these goods and products to a third party in the normal course of business but shall account to Seller for the portion of proceeds lawfully belonging to Seller. Until such time as the property in the Equipment passes to the Buyer (and provided that the Equipment is still in existence and have not been resold), the Seller shall be at liberty and be entitled at any time to require the Buyer to deliver up the Equipment to the Seller and, if the Buyer fails to do so forthwith, to enter upon the premises of the Buyer or any third party where the Equipment is stored and repossess the Equipment. The Buyer shall not be entitled to pledge or in any way charge by way of security for any debtedness any of the Equipment which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
12. Warranty
12.1 Seller makes no warranty, whether as to merchantability, fitness or otherwise expressed or implied concerning the Equipment supplied or sold other than the specifications stated in the Seller’s offer and that the Equipment will be free from defects in material and workmanship for a period provided for in the Seller’s offer. Seller's warranty does not cover:
a) Any defect in the goods arising from normal wear and tear, wilful damage, negligence, abnormal working conditions, misuse or alteration or repair of the goods without the Seller's approval;
b) Any defect in the Equipment arising from any wrongly submitted drawing, design or specification of the Buyer;
c) Any Equipment for which the total Price has not been paid by the due date for payment; and
d) Parts, materials, or equipment not manufactured by the Seller, in respect of which the Buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Seller.
12.2 Seller's warranty is further subject to Buyer's compliance with generally accepted practice or the Seller's instructions (whether oral or in writing) for proper handling and use of the Equipment. Any recommendation made by the Seller concerning the use of the Equipment is believed by the Seller to be reliable, but Seller makes no warranty of the results to be obtained.
12.3 Seller shall be entitled to repair or replace the rejected Equipment or the unserviceable part thereof or refund the Buyer the price of the Equipment (or a proportionate part of the Price) at Seller's sole option, but in any event the Seller shall have no further liability to the Buyer.
12.4 Seller's obligations under this warranty shall be CONDITIONAL on Buyer's full compliance with Buyer's obligations under the Contract, especially requiring full compliance with the terms of payment
13. Indemnity
If the goods are to be manufactured or any process is to be applied to the Equipment by the Seller in accordance with specification required by the Buyer, the Buyer shall indemnify the Seller against all loss, damages, costs and expenses awarded against or incurred by the Seller in connection with or paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Seller's use of the Buyer's specification.
14. Cancellation
If the order for an Equipment that is custom manufactured or assembled specifically for the Buyer is cancelled (all or part) after it has been dispatched or after 3 days it has been placed (whichever is sooner), the Buyer, shall be liable and 100% of the payment will be deducted and no refund will be issued to the Buyer.
15. Events of Default or Insolvency of the Buyer
15.1 If any of the following events occurs, the Seller shall be entitled to cancel the Contract or suspend any further deliveries of goods or services under the Contract without any liability to the Seller, and if the Equipment have been delivered but not paid for, the Price shall become immediately due and payable to the Seller.
a) the Buyer is or could be deemed at law or by a court to be insolvent or unable to pay its debts as they fall due, makes or proposes to make a general assignment, or an arrangement or composition with its creditors or a moratorium is declared in respect of or affecting all or a material part of the indebtedness of the Buyer;
b) A distress, attachment, execution or other legal process is levied or enforced on or against the assets of the Buyer;
c) Any step is taken by any person with a view to the winding-up, liquidation (voluntary or otherwise) or bankruptcy of the Buyer (otherwise than for the purpose of amalgamation, reconstruction, reorganisation, merger or consolidation) or for the appointment of a liquidator, receiver or manager, judicial manager, trustee or administrator of the Buyer or over any part of the assets of the Buyer;
d) The Buyer ceases, or threatens to cease, to carry on all or a substantial part of its business;
e) Any step is taken by another person with a view to the seizure, compulsory acquisition, expropriation or nationalisation of all or a material part of the assets of the Buyer;
f) It is or will become unlawful for the Buyer to perform or comply with any one or more of its obligations under the Contract;
g) Any event occurs, or circumstances arise which the Seller reasonably determines gives reasonable grounds for believing that the Buyer may not (or may not be unable to) perform or comply with any one or more of its obligations under the Contract; or
h) Any event occurs which, under the law of any jurisdiction, has an analogous or equivalent effect to any of the events mentioned in (a), (b), (c) or (d) above.
16. Entire Agreement
16.1 The entire agreement between the parties with respect to the sales of the Equipment and its delivery is contained in the Contract and all previous understandings, agreements, representations or warranties, expressed or implied which are not expressly contained in the Contract are superseded.
16.2 Any purported terms and conditions made referenced to or incorporated or alluded to within any purchase order or other document issued by the Buyer relating to this Contract or the Equipment shall have no effect and shall not bind the Seller.
17. Governing Laws
The Contract shall be governed by and construed in accordance with the laws of New Zealand, excluding any conflict of laws principle that would refer to the laws of another jurisdiction.
18. Arbitration
Any Dispute arising out of or in connection with the Contract or these Terms & Conditions or any matters described hereunder, including any question regarding its existence, validity, interpretation or termination, whether or not during the term of this Contract or thereafter and whether before or after any termination of the Contract, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act 1996. The arbitral tribunal shall be appointed from the panel of arbitrators maintained by the New Zealand Dispute Resolution Centre and, in the event the parties are unable to agree on the composition of the arbitral tribunal within seven (7) days of written notice of the dispute being given, the arbitral tribunal shall be appointed by the New Zealand Dispute Resolution Centre upon application by any party to this agreement. The tribunal shall consist of a sole arbitrator and the language of the arbitration shall be in English.
19. PPSA
19.1 Title in any Equipment supplied by the Seller passes to the Buyer only when the Buyer has made payment in full for all Equipment provided by the Seller and of all other sums due to the Seller by the Buyer on any account whatsoever. Until all sums due to the Seller by the Buyer have been paid in full, the Buyer acknowledges and agrees that, for the purposes of the Personal Property Securities Act 1999 (PPSA), the Seller has a security interest in the Equipment. The Buyer will sign any documents required for the Seller to perfect the Seller’s security interest under the PPSA and authorises the Seller to sign any such document as the Buyer’s attorney.
19.2 In relation to the registration of financing statements on the Personal Property Securities Register (PPSR), the Buyer undertakes to:
a) Sign any further documents and/or provide any further information (which information the Buyer warrants is complete, accurate and up-to-date in all respects) which the Seller may reasonably require to enable registration of a financing statement or financing change statement on the PPSR;
b) Not register a financing change statement or a change demand in respect of the Equipment (as those terms are defined in the PPSA) without the Seller’s prior written consent; and
c) Give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Buyer’s name and/or any other change in the Buyer’s details (including, but not limited to, changes in the Buyer’s address, facsimile number, trading name or business practice).
19.3 The Buyer:
a) Waives the Buyer’s right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest;
b) To the maximum extent permitted by law, waives the Buyer’s rights and contracts out of the buyer’s rights under the sections referred to in sections 107(2)(c), 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA; and
c) Agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA applies to the Contract and contracts out of those sections.
19.4 If the Equipment are attached, fixed, or incorporated into any property of the Buyer, by way of any manufacturing or assembly process by the Buyer or any third party, title in the Equipment shall remain with the Seller until the Buyer has made payment for all Equipment, and where the Equipment is mixed with other property so as to be part of or a constituent of any new Equipment, title to the new Equipment are deemed to be assigned to the Seller as security for the full satisfaction by the Buyer of the full amount owing between the Seller and Buyer.
20. Consumer Guarantees
20.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon the Seller 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 the Seller’s liability is, where it is allowed, excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute. More detailed rights applicable to Consumer Contracts are set out in Clause 24.4 of these Terms and Conditions.
21. Collection of Information
21.1 The Buyer irrevocably authorises:
a) any person to provide the Seller such information as the Seller may require in response to any credit enquiry relating to the Buyer;
b) the Seller to collect, retain and use any information about the Buyer, for the purpose of assessing the Buyer’s creditworthiness or marketing equipment to the Buyer; and
c) the Seller to disclose information about the Buyer, whether collected by the Seller from the Buyer directly or obtained by the Seller from any other source, to any third party for the purpose of providing or obtaining a credit reference, debt collection or notifying a breach by the Buyer.
21.2 Where the Buyer is an individual:
(a) the authorities under clause 21.1 are authorities or consents for the purposes of the Privacy Act 2020; and
(b) the Buyer may request a copy of the information about the Buyer held by the Seller and require the Seller to correct any incorrect information about the Buyer held by the Seller.
22. Relocation and Export Restrictions
22.1 The Buyer acknowledges and agrees that the Equipment including trucks and automated guided vehicles (AGVs), where applicable, are supplied for use exclusively within the country of delivery. Any relocation, export, or resale of the Equipment to another country without the prior written consent of the Seller is strictly prohibited.
22.2 In the event of unauthorized relocation or export:
a) the Buyer assumes full responsibility and liability for any resulting damages, losses, or product liability claims; and
b) all warranties, service agreements, and manufacturer obligations shall be immediately voided without notice.
23. Self-service Kits
23.1 The Buyer agrees that the Seller provides a self-service kit, where the Seller only supplies replacement parts and a detailed self-service repair manual for the self-service item*.
23.2 The Seller assumes no liability for damages resulting from improper self-services, including but not limited to damage to the self-service item being repaired, property damage, or injuries occurring during self-service repair.
23.3 The Buyer agrees to be solely responsible for carrying out the repair according to the provided instructions and for any risks associated with self-service.
23.4 The self-service repair manual provided by the Seller does not imply the Seller’s consent to perform improper work, modifications, or repairs on the self-service item.
23.5 The General Delivery and Assembly Conditions and General Service Conditions of Jungheinrich New Zealand Ltd apply, as per the current version at the time of contract conclusion, which the Seller can also provide upon request.
23.6 By entering into the contract for the self-service or, at the latest, by using the self-service kit, the Buyer expressly agrees to the terms of this clause.
*PTE 1.1, PTE 1.3, PTE 1.5, PSE 1.2, AME 13, AME 15, AMC 12/z
24. Additional terms relating to website use and content and online ordering
Website Use and Content
Definition
“Site” means www.jungheinrich-shop.co.nz
"Consumer" has the meaning given to that term in Section 2 of the Consumer Guarantees Act 1993 (CGA).
“Consumer Guarantees” means the guarantees under the Consumer Guarantees Act 1993.
"Trade" has the meaning given to that term in Section 2 of the Consumer Guarantees Act 1993.
Access and use of the Site
These Terms and Conditions govern the Buyer’s access and use of the Site and the use of any services, information and functions made available by the Seller at the Site (“Services”). By accessing this Site and/or the Services, and/or ordering the Equipment herein, Buyer agrees to be bound by these Terms and Conditions. If the Buyer does not accept these Terms and Conditions, the Buyer should not use this Site.
The Seller may change these Terms and Conditions at any time, without notice to the Buyer by updating them on Jungheinrich’s website. The revised terms will take effect when they are posted, and the Buyer’s continued use of Jungheinrich’s Shop service will represent an agreement by the Buyer to be bound by these Terms and Conditions, as amended.
The Seller may suspend, discontinue the whole or part of this Site at any time, without notice and at its absolute discretion. The Seller may also impose limits on the access to and/or use of certain features or portions of this Site and/or any content or Site Services at any time, without notice and at the Seller’s absolute discretion.
Online Orders
Buyer acknowledges and agrees that:
Buyer’s order represents only an offer to purchase, and no contract shall come into existence until Seller’s order confirmation issued in accordance with the manner stipulated on the Site.
All orders are subject to stock availability. The Seller reserves the right to reject an order if they are unable to supply one or more of the items the Buyer has ordered. If the Seller does not, for any reason (and at its sole discretion), issue an order confirmation, the Seller will refund the Buyer’s payment within a reasonable time and in a mode agreed upon both parties. Thereafter, the Seller will not have any other liability in respect of such cancellation.
Buyer shall be responsible for ensuring the accuracy of the order and shall be required to make payment of the Price.
Online orders are accepted only for delivery within New Zealand.
24.3 Limitation and exclusion of liability on the use of this Site
a) This site is provided on an “as is” and “as available” basis. The Buyer agrees that the Buyer’s use of this Site will be at the Buyer’s sole risk. The Seller does not guarantee that the Site will be fault free or that the Site will meet the Buyer’s requirements. The Seller does not make any warranty or representation as to their suitability for any purpose.
b) To the fullest extent permitted by law, the Seller shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to the Buyer’s use of, or inability to use, the Site. All representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. Such exclusions apply to Jungheinrich, its related companies, and directors, officers, employees or agents of Jungheinrich or its related companies, as the context requires. The Buyer agrees to indemnify the Seller against all liabilities, losses, (including consequential and indirect losses) claims and expenses suffered or incurred by the Seller, and all claims and demands made against the Seller, arising directly or indirectly out of the Buyer’s use of the Site, or any breach of these Terms and Conditions.
c) Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by the Seller. The Seller does not monitor the content of any other websites and are not liable or responsible in relation to any content on them. Buyer’s use of the third party website is governed by the various legal agreements and policies posted at those third party websites.
d) If the Buyer is dissatisfied with this Site or any of these Terms and Conditions, the Buyer’s sole and exclusive remedy is to discontinue the Buyer access and use of this Site.
24.4 Consumer Guarantees – Online Transactions
24.4.1 Nothing in these Terms and Conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA) in respect of any supply to a Consumer, except to the extent permitted by those Act, and all provisions of these Terms and Conditions shall be read as modified to the extent necessary to give effect to that intention.
24.4.2 Where the Contract under which the Buyer purchases the Equipment is a Consumer Contract (ie where the Buyer is a Consumer):
a) the Equipment is supplied subject to the Consumer Guarantees and FTA;
b) if the Equipment fails to meet any Consumer Guarantee and/or comply with FTA, the Buyer will be entitled to such rights and remedies as are permitted or provided in the CGA and/or FTA for such failure, to the extent that such rights and remedies cannot be lawfully excluded;
c) the Buyer may only exercise any right or remedy for breach of a Consumer Guarantee and/or FTA strictly in accordance with the rights and responsibilities of the Buyer under the CGA and/or FTA;
d) where the Equipment is not ordinarily acquired for personal, domestic or household use or consumption, and where permitted by law, the Seller’s liability for breach of any Consumer Guarantee is limited, at the Seller’s option, to the repair or replacement of the Equipment, the supply of equivalent Equipment, or the payment of the cost of repairing or replacing the Equipment or acquiring equivalent Equipment.
24.4.3 Where the Buyer resupplies the Equipment to a Consumer and the Equipment is not ordinarily acquired for personal, domestic or household use or consumption, then the Seller’s liability to the Buyer in connection with any breach of a Consumer Guarantee in respect of the Equipment is limited to paying to the Buyer an amount equal to the cost of replacing the Equipment, supplying equivalent Equipment or having the Equipment repaired, whichever is the lower amount.
24.4.4 Where both contracting parties are in Trade, and the Equipment is both supplied and acquired in Trade, the parties hereby agree that the provisions of the CGA and FTA shall not apply to the supply of the Equipment to the extent permitted by those Acts.
24.5 Return of Goods Sold
24.5.1 Nothing in this clause affects the Buyer’s rights under the CGA or in respect of any breach of express terms herein.
24.5.2 The Buyer may not return Equipment specifically manufactured or assembled to the Buyer’s order under any circumstances.
24.5.3 The Buyer may only return Equipment which is not specifically manufactured or assembled to the Buyer’s order with the express approval of the Seller given in writing (which may be withheld or given at the Seller’s discretion).
24.5.4 Where the Seller approves the return of Equipment under clause 24.5.3, unless otherwise agreed in writing by the Seller:
i) the Equipment must be returned within 7 days from the date of delivery under cover of a Goods Return Note issued by the Seller, unused and in prime condition in their original packaging and together with all accessories, instructions, specifications or other material supplied with the Equipment;
ii) a handling fee of 30% of the invoiced price of the Equipment returned will be charged to the Buyer and deducted from the sum credited to the Buyer on the return of the Equipment;
iii) the invoice number and delivery date of Equipment returned must be supplied to the Seller at the time of their return; and
iv) the Equipment must be returned to the Seller in accordance with any directions for return of Equipment specified by the Seller.
24.5.5 For the avoidance of doubt, nothing in these Terms and Conditions requires the Seller to provide a refund, repair, or replacement where the Buyer simply changes their mind.
These General Terms and Conditions of Sales (Online Shop) were last updated 17 June 2025