Terms & ConditionsACCEPTANCE OF TERMS - these terms and conditions governs the sale of all goods purchased from and services supplied by LOHIL INDUSTRIAL SERVICES LTD ("The Seller"), including your use of our website at www.lohil.co.nz ("the website"). They are effective from 01 November 2016 and will replace all earlier LOHIL INDUSTRIAL SERVICES LTD terms of trade and any conditions contained in any document used by you and purporting to have contractual effect.
We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
To make a purchase from our online shop you must be 18 years of age or over.
Account Customers: If you have completed a credit application and it is approved with an account number, select the 'Direct Credit' payment option for online orders.
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity.
1. DELIVERY AND DELIVERY CHARGES.
1.1 Prices for goods and services stated on our website are exclusive of any applicable delivery charges.
1.2 The Seller shall not be responsible or liable in any way to the Purchaser for delays or defaults in delivery of the order or any part of it nor for any direct or consequential loss or damage arising from any such delay or default. Delay or default in delivery does not entitle the Purchaser to cancel any order.
1.3 We only deliver to New Zealand street addresses. The cost of delivery is as stated on our website and a total delivery cost will be provided in the order summary in your online shopping basket.
1.4 We will use all reasonable endeavours to ensure that orders for tangible goods will be dispatched promptly after an order has been placed.
1.5 Delivery Charges
The freight charges calculated for your order will be based on your current contract with LOHIL INDUSTRIAL SERVICES LTD.
Freight charges are displayed at checkout, but will be automatically re-calculated at time of dispatch from our warehouse.
Please contact Lohil Industrial Services Ltd for full details of your account freight rate.
Freight is charged per region of delivery as set out below for orders up to 25 KG and will be viewable at the final stage of the checkout process.
Local Metropolitan Area $7.50 including GST
(Orewa, Helensville, Massey, Avondale, Albany, AKL CBD, Howick, Maraetai, Papakura, Pukekohe, Tuakau, Waiuku)
Regional Area (75km – 150km outside of Local Metropolitan Area) $17.25 including GST
(Whangarei, Maungaturoto, Dargaville, Waiwera, Titirangi, Manukau Heads, Te Awamutu, Hamilton, Ngatea)
Intra Island (Rest of North Island) $57.00 including GST
SOUTH ISLAND $80.00 including GST
Please contact Lohil Industrial Services Ltd if a larger order is required or if you are unsure of the shipping charge.
1.6 Order Processing Times/Availability and supply
All orders are subject to the availability of those products or services. If for any reason a Product is not available, we will endeavour to notify the non-availability on our online shop.
Orders are usually dispatched from our warehouse within one - three working days after payment is received.
1.7 International Orders
For all export queries please contact email@example.com
2.1 All prices are in New Zealand Dollars and are inclusive of any Goods and Services Tax ("GST") unless stated to be otherwise but are exclusive of delivery charges. All prices are correct when published. We reserve the right to alter prices at any time.
2.2 Unless agreed otherwise in writing by the Seller, Goods will be invoiced at the Seller's current price at the date of the relevant invoice.
2.3 Prices on imported products are subject to any variations in the rate of exchange, and to any costs and expenses additional to the ordinary costs of effecting delivery caused by War, Government action, variation in customs duties, Act of God, substitution of Goods, shortage of supplies, increased shipping charges, change in foreign exchange rates or any other event of "force majeure".
2.4 An invoice will be emailed to you on the first working day following the order at the email address you supply when you place your order. You are responsible for ensuring that your contact details are correct.
3. PAYMENT OPTIONS.
3.1 We accept the following credit cards:
Visa, MasterCard and American Express
We also accept payment from your PayPal account if you have one.
3.2 CREDIT CARD SECURITY - All payments are processed via PayPal's secure payments system to ensure high levels of payment security and are subject to PayPal's terms and conditions.
Click here to for PayPal's terms.
3.3 ACCOUNT HOLDERS - Payment of goods purchased is due on or before the 20th of the month following the invoice date. The Purchaser may not withhold payment or make any deductions from or set off any amount against any Amount Owing without the Seller's prior written consent.
4. RISK AND TITLE
4.1 Risk of any loss, damage or deterioration of or to the Goods passes to the Purchaser on delivery to the purchaser's premises.
4.2 Ownership of the Goods remains with the Seller and does not pass to the Purchaser until the Purchaser pays the Amount Owing in full.
4.3 Seller may bring an action for the price of the Goods sold even where ownership of the Goods may not have passed to the Purchaser.
5. LIABILTIY LIMITATION
5.1 If the Goods are purchased for business purposes, the Consumer Guarantees Act 1993 does not apply to these terms and
(a) Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises;
(b) The Seller will not be responsible for any damages whatsoever to the Goods resulting from the malfunction of such Goods where they are:
(b.1) Fitted by unqualified tradespeople;
(b.2) fitted in a non-qualified manner;
(b.3) in any way adapted to a use to which they are not specifically intended; and/or (iv) added to or repaired by components not recommended or approved by the manufacturer of the goods and
5.2 (a) Where the Consumer Guarantees Act 1993 does not apply to these terms the Purchaser may reject non-conforming or defective Goods by lodging a claim with the Seller within 7 days of receipt, quoting the packing slip numbers and date, and the Seller may, in its sole discretion, repair, replace or refund the purchase price of the Goods.
5.3 We will always endeavour to have complete and accurate information on our website but to the greatest extent permissible by law we assume no responsibility for the completeness and current accuracy of the information provided on our website.
5.4 To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993.
6. APPLICABLE LAW AND JURISDICTION
6.1 Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside.
6.2 Use of our website, supply of products or services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services.
6.3 Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis).
6.4 You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based.
7. PERSONAL PROPERTY SECURITIES ACT 1999 (PPSA).
7.1 Without limiting anything else in these terms and conditions, the Purchaser acknowledges that the retention of title in these terms and conditions creates a Security Interest in all present and after acquired Goods supplied by the Seller to the Purchaser under these terms and conditions to secure the Purchaser's performance of its obligations under these terms and conditions.
7.2 The Purchaser undertakes to:
(a) promptly do all things, sign any further documents and/or provide any information which the Seller may reasonably require to enable the Seller to perfect and maintain the perfection of its Security Interest (including by registration of a Financing Statement (as defined in the PPSA));
(b) give the Seller (addressed to the Financial Controller or equivalent) not less than 14 days' prior written notice of any proposed change in the Purchaser's name and/or any other change in the Purchaser's details (including, but not limited to, changes in the Purchaser's address, facsimile number, trading name or business practice).
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you.
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your order(s).
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us.
You will need to permit us to place data files ("cookies") on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you.
We may disclose your personal information as required by law.
Where you have provided information to us on a confidential basis, we will hold that information in confidence, except as required by law. We cannot guarantee that our website is secure, and we cannot be held responsible for a breach of our website security that is beyond our control.
You can request details of your personal information that we hold, and ask us to correct it, at any time. Contact us by email at firstname.lastname@example.org
To assist us in ensuring that your Personal Information is secure, we ask that you keep confidential your user name and any passwords required to access our services. Please let us know immediately if you think any unauthorised person has access to these details.
Our website may provide links to other websites. When you click on one of these links, you are leaving our website and entering another site that we do not control and for which we cannot be responsible. You should carefully review the privacy statements or policies on any other website that you visit because those privacy statements or policies will apply to your visit to that website and may be very different from our policy.
9. RETURNS POLICY
9.1 All claims must be lodged with Lohil Industrial Services Ltd within 7 days of goods received, quoting the packing slip numbers and date. Email to email@example.com.
9.2 No Goods are returnable after 2 days. No credit will be issued for items specially brought in that are not part of our normal stock range
9.3 Lohil Industrial Services Ltd shall repair, replace or refund the goods or purchase price of the goods, if applicable, in accordance with the Consumer Guarantees Act 1993- see our Terms and Conditions LIABILITY LIMITATION Section 6 for more details.
9.4 We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the Consumer Guarantees Act to provide a remedy.
9.5 Where goods are returned in accordance with clause 9, a restocking fee of 20 % of the purchase price may be charged.
10. GENERAL CONDITIONS
We reserve the right to change these terms and conditions from time to time by notice, which may be in the form of a notice posted on our website at www.lohil.co.nz.
If we fail to enforce any terms or to exercise our rights under these terms and conditions at any time, we have not waived those rights.
If any provision of these terms and conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms and conditions.
Unless any provision in this agreement expressly provides otherwise, these terms and conditions are not intended to confer a benefit on any person or class of person who is not a party to it.
We may deliver notices to you by sending them to an email address that you have notified to us.