Terms of Sale
These terms and conditions apply solely to Equipsafety.
1. "Customer" means you and all other persons who purchase the Goods under your Login, and, as the context requires, includes any person browsing Equipsafety who is not registered to use Equipsafety.
2. "Delivery" shall occur when your item is:
(a) Delivered to the relevant delivery address with a collection of a signature unless we have been given authority by a person at the relevant delivery address to leave signature required items at the relevant delivery address without collection of a signature; or
(b) Collected by the recipient or other authorised person from a PostShop, CourierPost branch or depot through our Card to Call or Card to Collect Service.
3. "Delivery Fee" means the fee you as the Customer must pay to have your order picked, packed and delivered.
4. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.
5. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.
6. "Login" means a Customer's personal email address and password used to access Equipsafety under that Customer's registration.
7. "Premises" means the premises at the address specified by the Customer on their registration application, as amended from time to time.
8. "Goods" means the Goods for sale on Equipsafety.
9.”Related Company” has the meaning given to it in the Companies Act 1993 and includes a holding company and a subsidiary of any Body Corporate as defined in the Companies Act 1993 and, when used in the Terms and Conditions will mean each Related Company of Fletcher Building Ltd from time to time (including but not limited to Fletcher Distribution Ltd and Mico NZ Ltd).
10. "Equipsafety" means this internet site owned by Mico NZ Limited, being the medium by which Goods are offered for sale online by Equipsafety to the Customer .
1.2 Use of Equipsafety subject to terms and conditions of sale
Your access to, and use of, Equipsafety is subject to the following terms and conditions of sale. By using Equipsafety you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through Equipsafety constitute legal offers to purchase, and are capable of being accepted by Equipsafety without any further reference to the Customer.
1.3 Terms and conditions of sale to prevail
These terms and conditions of sale will prevail over any other document purporting to have a contractual effect.
1.4 Equipsafety discretion to accept registration
Equipsafety has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.
1.5 Equipsafety discretion to accept orders
Equipsafety has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. Equipsafety may cancel an order for any reason whatsoever.
1.6 Registration and access costs
No costs are payable to register to use Equipsafety, but Customers are responsible for any costs incurred in using Equipsafety, including any charges imposed by their internet service provider.
1.7 Suspension or termination
Equipsafety may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Goods through Equipsafety for any reason whatsoever.
1.8 Customer liable for every order
Customers are liable for every order made under their Login or through their credit or debit card. It is the sole responsibility of the Customer to ensure that there is no unauthorised use of their Login, account or password.
1.9 Trading hours
Equipsafety operates between 8.00am and 5.00 pm weekdays. Orders will be accepted on public holidays. Orders will be despatched next working day.
1.10 Security of information
Equipsafety will use its reasonable endeavours to prevent any unauthorised entry into Equipsafety. However, neither Equipsafety nor any Related Company will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.
Equipsafety maintains the highest levels of security. Credit card information is passed directly to the bank through a secure server that uses 128 bit Secure Sockets Layer software (SSL) to encrypt the information that a Customer enters. This technology is designed to prevent any unauthorised viewing and downloading of Customer order information.
Equipsafety’s checkout process uses Verified by Visa, Mastercard® SecureCode™.
As a Customer you must not communicate Customer payment card details to anyone, including by e-mail.
1.11 Site content
While Equipsafety has endeavoured to ensure that the information provided on Equipsafety is free from error, it does not warrant its accuracy, adequacy or completeness, and neither Mico NZ Ltd nor any Related Company will be responsible or liable for any error in, or omission from, the information provided on Equipsafety.
Equipsafety reserves the right to make changes to the information provided on Equipsafety at any time and without notice.
1.12 Use of the site
The Customer agrees not to use Equipsafety for any purpose that is unlawful or prohibited by these terms and conditions. Customers may download the information on Equipsafety for their own personal use but otherwise neither Equipsafety, nor any material on it, may be altered, modified, reproduced, transmitted or distributed without Equipsafety’s prior written consent. The Customer agrees that it will not interfere with any other party's use and enjoyment of Equipsafety, or damage the operation of Equipsafety, or Equipsafety’s systems or those of other persons who use Equipsafety, whether by way of a virus, corrupted file, any other software or program, or otherwise.
The Customer will pay Equipsafety for the Goods ordered at the price displayed at the time the order is submitted. No adjustments are made if the price of any Goods ordered increases or decreases between the time the order is submitted and the time when the Goods are delivered.
The prices of Goods are displayed in New Zealand currency.
2.3 Prices inclusive of GST
The prices of the Goods are inclusive of GST and any other sales tax.
2.4 Delivery fee
In addition to the price of Goods ordered, the Customer will pay Equipsafety a $7.00 delivery fee. This fee covers the costs associated with picking, packing and the delivery of your order. The fee will be identified and included in the total price at the point of checkout. Delivery is free for any order in excess of $100.
3. GOODS AVAILABILITY
3.1 Goods availability
Every effort will be made to fulfil orders placed with Equipsafety, but neither Mico NZ Ltd nor any Related Company will be liable to any person if Equipsafety is unable to or declines to supply Goods for any reason whatsoever. Equipsafety reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.
3.2 Goods range
Equipsafety reserves the right to limit the range of Goods available to certain areas.
Deals are subject to availability while stocks last. Equipsafety does not allow back orders for deals that are out of stock.
4.1 Method of Payment
Customers must pay Equipsafety for the Goods purchased by debit card or by credit card. Equipsafety does not accept EFTPOS, cash, cheque, voucher, direct debit or any other form of payment.
4.2 Payment by credit or debit card
Equipsafety reserves the right to refuse to accept payment from any particular Customer by credit or debit card for any reason whatsoever.
If a Customer is invoiced an incorrect amount for any Goods ordered, Equipsafety will refund, to the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced. This will be credited back to the customers Credit card or Debit card.
4.4 Change to payment policy
Equipsafety may change at any time the way in which a Customer pays for Goods, and any change will be notified to the Customer prior to the change coming into effect.
5.1 Delivery times
Orders placed before 2.00pm will be despatched for next day delivery in New Zealand. Orders placed after 2.00pm will be despatched the following working day for next day delivery. Orders will not be despatched or delivered on weekends or public holidays. Rural deliveries will take an extra 2 -3 working days.
Parcels too large for the courier network to deliver will be despatched via freight companies. This may extend delivery times.
5.2 Delivery areas
Equipsafety only delivers to addresses within New Zealand. Equipsafety does not deliver to PO Box addresses and next day delivery does not apply for orders delivered to the Chatham Islands, Waiheke Island, Great Barrier Island and Stewart Island. Rural deliveries will take an extra 2 -3 working days.
5.3 Tracking delivery
The Customer's order will be sent using a trackable service. The Customer will receive a confirmation email and a tracking number with a link to the NZ Courier Post website or freight company website (for large parcels) to track the delivery status of the order.
5.4 Delivery and liability
Deliveries will be made to the Delivery Point in accordance with NZ Courier Post’s terms and conditions. Delivery will be deemed to have taken place at the time of delivery to the Delivery Point.
Equipsafety and NZ Courier Post are entitled to assume that any person accepting delivery of the Goods is authorised to do so on behalf of the Customer.
If the Customer is unavailable to sign for an item when the courier calls, or if the item does not require a signature and a safe place could not be found to leave it, then Courier Post will leave a ‘Card to Call’ at the delivery address. This will allow the Customer to arrange a re-delivery or the option to collect from a convenient location e.g. an NZ Post branch.
5.5 Accessibility and safety
The Customer will ensure that their Delivery Point is easily accessible, and that it is safe for NZ Courier Post to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Goods, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Equipsafety reserves the right to charge the Customer an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause.
5.6 Change of address
The Customer can use the checkout page to provide an alternative delivery address. However if the Customer wishes to change the delivery address once an order has been made they must immediately contact Equipsafety customer service on 07 848 0291 between the hours of 8.00am – 5.00pm or email email@example.com to try to change the Delivery Point. Equipsafety excludes liability for any order despatched prior to notification of a change in the Delivery Point.
5.7 Delays to delivery
Notwithstanding any other term, Equipsafety and any related Company will not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of Equipsafety or otherwise.
If Equipsafety considers that the delivery of a Customer's order is likely to be substantially delayed, Equipsafety may, but will not be obliged to, contact the Customer to arrange an alternative delivery timeframe. If that timeframe is unreasonable and unacceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.
If the Customer’s delivery date has passed the Customer should call Equipsafety customer service on 07 848 0291 between the hours of 8.00 am to 5.00 pm or email firstname.lastname@example.org.
5.8 Incorrect, missing, damaged or faulty Goods
If any Goods delivered do not correspond with the Goods ordered, the Customer may:
(a) in the case of faulty or damaged Goods, immediately call customer service on 07 848 0291 or email email@example.com and provide the following details:
- The order number
- The faulty item's name and item code
- A description of the fault
If the Customer’s order is faulty or damaged when it arrives, Equipsafety will refund the original delivery fee and the cost of returning the item.
(b) in the case of missing Goods, the Customer should immediately call customer service on 07 848 0291 or email firstname.lastname@example.org and provide the following details:
- The order number
- The missing item's name and number
6. VARIATION/CANCELLATION OF ORDER
6.1 Variation/cancellation of order
The Customer may cancel their order at any time prior to despatch.
The Customer may vary their order by adding to it by placing a new order within trading hours prior to 2pm despatch.
A Delivery Fee will apply for each order individually placed however, if the combined total of the two orders is greater than $100, the Customer will receive free delivery in NZ subject to the delivery terms and conditions above. Equipsafety will refund the Delivery Fee of one or both of the orders as applicable once the second order has been received.
If the Customer would like to decrease an order item quantity or swap an item they should call Customer Service on 07 848 0291 with the order number to see if this is possible. If the total order value falls below $100, a standard $7.00 Delivery fee will apply.
For unwanted items, the Customer should follow Equipsafety returns procedure.
Equipsafety may cancel any part of an order (including any orders that have initially been accepted) without any liability to the Customer for that cancellation at any time if:
(a) the Goods in that order are not available; or
(b) there is an error in the price or the Goods description posted on the site for the Goods in that order; or
(c) Equipsafety reasonably believes the Customer’s order has been placed in breach of these terms and conditions.
In the event of a cancellation by Equipsafety, Equipsafety will endeavour to provide the Customer with reasonable notice of that cancellation, and will not charge the Customer for the cancelled order.
Risk in the Goods will pass to the Customer on delivery to the Delivery Point.
Ownership of the Goods will not pass to the Customer until all amounts owing by the Customer to Equipsafety or any Related Company have been paid for in full.
The Customer will keep their Login details safe and confidential at all times.
8. RETURNS AND EXCHANGES
The Customer may return Goods and receive a full refund subject to the following:
- All Goods being returned must be unused, in perfect condition, in their original packaging (including protective packaging) and must be returned within 12 months of receipt.
- Such Goods may be subject to freight cost and restocking fees, which will be deducted from the refund to the Customer at Equipsafety’s discretion.
- Clearance items and personalised items cannot be returned or exchanged.
The Customer expressly acknowledges and agrees that Equipsafety and Mico NZ Ltd do not assume any obligation or liability for any advice given, and that all such Goods are accepted by the Customer entirely at the Customer's risk.
9. LIABILITY AND INDEMNITY
9.1. Equipsafety’s Liability
i. To the fullest extent permitted by law Equipsafety and Mico NZ Ltd will not be liable for:
(a) loss caused by any factor beyond Equipsafety’s control; including but not limited to a force majeure event;
(b) failure to deliver to the Customer by any specified dates unless expressly agreed otherwise in this or any other agreement;
(c) damage from misuse, accident, neglect or improper operation of the Goods supplied;.
(d) the loss of or damage to Goods while in transit (whether such loss or damage results from Equipsafety’s negligence or default or otherwise howsoever) unless expressly agreed otherwise;
(e) deterioration of the Goods as a result of exposure to the elements, after delivery;
(f) Goods that have been tampered with or modified by the Customer;
(g) Goods that have been stored in an improper manner by the Customer.
ii. Equipsafety and Mico NZ Ltd have no liability to any subsequent purchaser of the Goods from the Customer in that the Customer’s rights under these terms and conditions are not assignable without the prior written consent of Equipsafety which consent can be withheld at Equipsafety’s sole discretion.
iii. To the fullest extent permitted by law, Equipsafety and Mico NZ Ltd have no liability (whether statutory, in contract or tort (including negligence), (or howsoever) to the Customer or any of the Customer’s agents or employees for any physical, or special damage, direct loss, indirect loss, loss of profits (whether direct or indirect), economic loss of any kind (including loss of profits and expectation loss) or any other loss or costs (including legal costs on a solicitor client basis) caused or contributed to by Equipsafety or any of Equipsafety’s agents employees or Related Companies in respect of any Goods supplied.
iv. To the fullest extent permitted by law Equipsafety exclude Equipsafety’s and Mico NZ Ltd’s liability for Business to Business transactions under the Consumer Guarantees Act 1993(CGA) and Fair Trading Act 1986 (FTA); and in particular sections 9,12A,13 and 14 of the FTA and any other applicable consumer law. Where the buyer is a “Consumer” under the provisions of the CGA the CGA is to apply.
v. Subject to the above and to any express warranties given by Equipsafety or any other manufacturer of the Goods in writing, all conditions, warranties, descriptions, representations and statements as to fitness or suitability for purpose, workmanship, tolerance to any conditions, merchantability or otherwise, advice recommendation or information express or implied are expressly excluded to the fullest extent permitted by law.
vi. Subject to any limitation on Equipsafety’s liability which may be expressed within the terms and conditions of sale or which may be permitted by operation of the law, Equipsafety’s and Mico NZ Ltd’s total liability whether in tort (including negligence), contract or otherwise for any loss or damage or injury arising directly or indirectly from any defect in or non-compliance of any Goods or any other breach of Equipsafety’s obligations is, limited to, at Equipsafety’s option:
(a) replacing the relevant Goods; or
(b) refunding the sale price of the relevant Goods; or
(c) repairing the Goods;
(d) paying the actual loss or damage suffered by the buyer.
vii. No claim based on defective Goods will be allowed unless:
(a) The claim is notified to Equipsafety within seven days of delivery to the Customer and all returned Goods must be received within 30 days of receipt; and
(b) Equipsafety is given a reasonable opportunity to investigate the claim.
viii. In respect of defective Goods Equipsafety will in no event be liable to pay to the Customer any amount in excess of such amount (if any) as Equipsafety will have received from Equipsafety’s supplier in respect thereof.
ix. Equipsafety’s liability for shortages in quantity and loss consequential to shortages in quantity is, subject to the application of the CGA, limited to making up shortages. No claim for shortages in quantity will be allowed unless:
(a) the claim is notified to Equipsafety within seven days of receipt of the Goods by the Customer; and
(b) Equipsafety is given a reasonable opportunity to investigate the claim.
The Customer will be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the use of the Goods.
9.3. Indemnity from the Customer
The Customer indemnifies and undertakes to keep Equipsafety, its related Companies and their officers, employees and agents (the “Indemnified Party”) at all times fully and effectively indemnified against all losses (including but not limited to direct loss, indirect loss, loss of profits (whether direct or indirect), consequential loss), liabilities, penalties, damages, claims, demands, actions, costs (including legal costs on a solicitor client basis), charges and expenses which the Indemnified Party (or any of them), may incur, or which may be made against the Indemnified Party (or any one of them) as a result of or in relation to:
(a) any act, omission, neglect or default by the Customer or any subsequent purchasers of Goods supplied by Equipsafety; or
(b) any breach by the Customer of any of the Customer’s obligations under these terms and conditions of sale or any warranty given by the Customer; or
(c) anything done or omitted to be done by Equipsafety in the exercise of or purported exercise of rights under the terms and conditions of sale or conferred on Equipsafety by law or
(d) any act or omission by the Customer which breaches or might breach any environmental law.
10. INTELLECTUAL PROPERTY
All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to Equipsafety and its contents is owned by, and will at all times remain the exclusive property of, Equipsafety, Mico NZ Ltd its licensors and the providers of any other Goods accessible through Equipsafety, and is protected by New Zealand and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to the Customer.
11. FORCE MAJEURE
If the performance by Equipsafety of its obligations under these terms and conditions is prevented by reason of "force majeure" (which will include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Goods or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Equipsafety) Equipsafety will be excused from such performance to the extent of such prevention.
12. ONLINE COMPETITIONS/PROMOTIONS
Any competition and promotional terms and conditions can be found associated with each promotion on the applicable website promotions page.
13. LINKS TO AND FROM OTHER WEBSITES
13.1 Links to third party websites
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 Equipsafety. Equipsafety does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause a "third party website" is any website other than Equipsafety or www.equipsafety.co.nz.
The Customer agrees that it will not create a hyperlink to Equipsafety without Mico NZ Ltd’s express written permission. If a Customer does create a hyperlink to Equipsafety, that Customer is responsible for all losses Equipsafety, Mico NZ Ltd or any Related Company may suffer as a result of that link, whether direct or indirect. Linking to Equipsafety is at the Customer's own risk. The Customer agrees that will not frame any part of Equipsafety by including advertising or other revenue generating material.
14. VARIATION OF TERMS AND CONDITIONS
From time to time Equipsafety may vary these terms and conditions without notice. Please check these terms and conditions periodically for changes. The Customer’s continued use of Equipsafety after the terms and conditions have been changed indicates acceptance of those changes.
15. GOVERNING LAW
New Zealand law governs the use of Equipsafety and these terms and conditions.