Terms and conditions

Terms Used

'The seller' refers to IMPAQ Online Shop.
'The buyer' refers to any legal entity purchasing from the seller.

General

Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:

  • Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
     
  • Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 25% of the price.
     
  • Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

Ordering and Formation of Contract

Contract formation:
The seller's website, the information on it and any information in emails and other forms of advertisement  constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.

Order Process:
The buyer may order products from the seller by completing and submitting the checkout process on the seller's website or in store. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.

The sellers discretion in rejecting orders:
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order

 

Consumer Guarantees Act 1993

In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;

  • Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
     
  • In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.

Payment and Prices of goods

If you do not pay any money owed when due, you will be obliged to pay any collection cost incurred by IMPAQ Online Shop.

Except where specifically stated in relation to a particular product, the prices for the products are stated and are payable in New Zealand dollars (NZD).

Taxes and other charges:
All prices and delivery charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.

Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.

The seller may vary any prices on the seller's website at any time and without notice to the buyer.

Liability and Maintenance Guarantee

To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.

At the termination of the appropriate period (ie guarantee period) all liability on the seller's part ceases.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.

The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.

Loss of Data

Data loss is not covered under our warranties, so we recommend that you undertake regular back ups on a separate storage medium (please note that such storage medium is not covered for by a loss of data warranty either).

 

Errors or Ommissions

The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

 

Description of Products

Modifications and improvements to the seller's products are constantly being made.

Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller.

If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.

 

Compliance

The buyer shall 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 installation and operation of the goods.

 

Ownership and Risk

Ownership of all goods sold by the seller ("the goods") is retained by the seller until until the buyer has received the full price for the products and the applicable delivery charges. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made the buyer agrees to:

  1. Enable the goods to be readily identifiable as the property of the seller.
     
  2. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
     
  3. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
     

Personal Property Sercurities Act 1999

  • Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
    1. These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
    2. A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;
       
  • The buyer undertakes to:
    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;
    2. indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
    3. not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
    4. give the seller not less than 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, or business practice); and
    5. immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
       
  • Unless otherwise agreed to in writing by the seller, the buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA
     

Risk

Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.

 

Changes to these Conditions of Use

The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.

 

Severability

If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

 

Disputes and Governing Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).