terms and conditions
price
1.1 All prices are in New Zealand dollars and are exclusive of GST or other taxes and levies which may apply.
1.2 GST will be added to the price where the customer is a New Zealand resident. A customer will automatically be treated as a New Zealand resident if he or she uses a New Zealand credit card or where the delivery address is within New Zealand.
claims and limitation of liability
2.1 Subject only to any mandatory liability or guarantee imposed by statute, and without prejudice to any rights granted thereby to the Customer;
(a) All warranties, descriptions, representations, or conditions, whether implied by law, trade, custom, or otherwise and whether relating to fitness, merchantability, suitability for purpose, or otherwise, and all specific conditions, even though such conditions may be known to us, are expressly excluded;
(b) We shall not be liable in any way whatsoever to the Customer or any third party, whether in tort (including negligence), contract, or otherwise, for any loss or damage whatsoever, whether direct, indirect, special, or consequential, and all such liability is expressly excluded; and
(c) Our liability in respect of any item damaged in transit shall in any event be limited to the lesser of the purchase price of that item, the cost of replacing that item (where that is possible), the cost of repairing the damage (where that is possible) or the actual loss or damage suffered by the Customer.
2.2 Subject to any statutory rights and remedies that the Customer may have in respect of any claim by the Customer which established that the item supplied was damaged or defective, the Customer’s rights and remedies shall be limited in accordance with Clause 2.1(c) and shall be subject to the following conditions:
(a) All claims must be received by us within seven (7) days of delivery of the item in question and, where applicable, the dispatch number and/or invoice number must be quoted by the Customer;
(b) All claims must specifically identify the damage and, where possible in relation to goods, be accompanied by the defective goods or a sample thereof;
(c) We shall have a reasonable opportunity to investigate the claim; and
(d) We may at our complete discretion, replace or give credit for the goods supplied and established to be damaged, and this replacement or credit shall be deemed to fully satisfy any claim by the Customer in respect of any such goods,
2.3 If for any reason a work has to be returned to us please make sure that it is put back in its original packaging together with the original invoice information. Please use Fedex, UPS or DHL as shipping agents.
2.4 If we replace or repair a damaged item, we shall deliver the item or the replacement to the Customer at our risk and expense
2.5 If at any time the Customer expressly or by implication holds himself or herself out as acquiring from us items for resale or for the purposes of a business, all supplies to the Customer shall be deemed to be for the purposes of the Customer’s business (as that latter term is defined in the Consumer Guarantees Act 1993). In such event as between us and the Customer, the guarantee provisions of the Consumer Guarantees Act 1993 are expressly excluded and shall not apply to any supplies of goods and services by us to the Customer.