Terms & Conditions

Terms & Conditions

Provision of goods and services is strictly subject to the acceptance of these terms and conditions and unless
notified of non-acceptance in writing the Customer is deemed to have accepted these terms and conditions
1. Definitions
1.1 "Seller" means Snoworld Sports Limited, and any company
which is directly or indirectly a subsidiary of Irrigation
Canterbury Limited and any duly authorized agent.
1.2 "Customer" means the person, authorized agent or legal
entity described in the application, or stated on the invoice or
order form, buying goods and/or services from Irrigation
Canterbury Limited.
1.3 “Delivery” means delivery of the Goods from the Seller to the
Cutomer.
1.4 “Goods” has the same meaning as section 2 of the Sale of
Goods Act 1908 and is any goods provided by the seller to the
customer.
1.5 "Services" shall mean all services supplied by the seller to the
customer and includes any recommendations or advice.
1.6 "Price" shall mean the purchase price of the goods and any
other costs payable to the seller by the customer as agreed
between the Seller and the Customer subject to clause 3.
2. Acceptance
2.1 The Customer is taken to have accepted and are immediately
bound by these Terms if the Customer accesses or uses any
part of our website and again when the Customer places an
order for Goods and/or the Customer accepts Delivery.
2.2 The Terms may only be amended with the Seller’s consent in
writing and shall prevail to the extent of any inconsistency
with any other document or agreement between the
Customer and Seller.
2.3 No agent or representative of the seller is permitted to make
any such agreements, representations, conditions or
warranties not expressly confirmed by the seller in writing.
3. Price and Payment
3.1 At the Seller’s sole discretion the Price shall be that indicated
on the invoice provided by the Supplier to the Customer.
3.2 The Supplier reserves the right to vary the Price as a result of
increases beyond the Supplier’s reasonable control in the
costs of materials or labour, or due to fluctuations in currency
exchange rates.
3.3 Time for payment of the Goods being of the essence, the
Price will be payable by the Customer on the date of the order
being placed online.
3.4 Payment is to be made by electronic/on-line banking, credit
card (plus a surcharge of up to 2 and a half percent (2.5%) of
the Price), or by any other method as agreed to between the
Customer and Supplier.
3.5 Unless otherwise stated the Price does not include GST. In
addition to the Price the Customer must pay to the Seller an
amount equal to any GST the Seller must pay for any
provision of Goods supplied by the Seller under this contract
or any other agreement. In addition the Customer must pay
any other taxes and duties that may be applicable in addition
to the Price, except where they are expressly included in the
Price.
4. Default
4.1 Where the customer is in default under these terms and
conditions, or any other contract between the customer and
the seller, the seller may:
(a) Demand payment of all or part of any sums whether
due or not; and/or
(b) Require security for such obligations to its full
satisfaction before any further supplies are made to
the customer; and/or
(c) Withhold without notice goods or services ordered
by the customer; and/or
(d) Charge interest pursuant to clause 5.5; and/or
(e) Cancel this or any other contract between the
parties without prejudice to any rights of the seller
to recover outstanding monies.
4.2 Without prejudice to its other remedies, the seller shall be
entitled to cancel this and any other contract for goods or
services with the customer in the following circumstances:
(a) If the customer becomes insolvent or is adjudicated
bankrupt; or
(b) If a receiver is appointed in respect of the assets of
the customer; or
(c) If the customer no longer carries on business or
threatens to cease carrying on business; or
(d) If an arrangement with the customer’s creditors is
made or is likely to be made; or
(e) If the ownership or effective control of the customer
is transferred or the nature of the customer’s
business is materially altered.
5. Risk and Delivery
5.1 The goods remain at the sellers risk until the delivery to the
customer, but when title passes to the customer the goods
are at the customers risk no matter if delivery has been made
or not and the seller to the maximum extent permitted by law
excludes all responsibility and liability for the goods at that
time under any theory of law or cause of action whatsoever
and howsoever arising including, without limitation, in
negligence.
5.2 Delivery of goods shall be deemed complete when the seller
gives possession of the goods for delivery to the customer, or
possession of the goods is given to a general carrier, for
delivery to the customer, or the general carrier delivers the
Goods to the Customer’s nominated address, even if the
Customer is not present at the address.
5.3 At the Seller’s sole discretion, the cost of Delivery is either
included in, or in addition to the Price.
5.4 Dates given for provision of goods and/or services are stated
in good faith but are not to be treated as a condition of sale.
If the delivery of the goods or services is delayed for any
reason whatsoever, the seller shall not be responsible or
liable in any way to the customer or any other party for loss
sustained due to such delay. Delay installation or failure to
deliver by a set date does not entitle the customer to cancel
any order or part thereof.
5.4 The seller shall not be liable to the customer for damage or
loss due to failure by the seller to deliver the goods promptly
or at all.
6. Title
6.1 Title in the goods passes to the customer when the customer
has made payment in full for all goods supplied by the seller.
6.2 The customer gives necessary authority to the seller to enter
any premises occupied by the customer, at any reasonable
time, to remove any goods not paid for in full by the customer.
The seller shall not be liable for damages, costs or expenses or
any other losses suffered by the customer as a result of this
action.
7. Non Waiver
7.1 Failure by the seller to enforce any of the terms & conditions
contained in this contract shall not be deemed to be a waiver
of any of the rights the seller has in this contract and is not
liable for any indirect loss or expense to the customer.
8. Force Majeure
8.1 The seller shall not be liable for failure or delay to perform its
obligations if the delay or failure is beyond its control.
9. Disputes
9.1 No claim relating to Services will be considered unless made
within fourteen (14) days of delivery.
9.2 Immediate reports of claims can result in a quick and
satisfactory resolution
10. Jurisdiction
10.1 The contract shall in all respects be deemed to be a contract
made in New Zealand and the validity, construction and
performance of the contract shall be governed by New
Zealand law.
11. Personal Property Securities Act 1999
11.1 The customer agrees that the provisions of this clause
constitute a Security Interest in Personal Property (as
those terms are defined in the Personal Property
Securities Act 1999 (“PPSA”)) in respect of which the
seller may register a financing statement on the Personal
Property Securities Register.
11.2 The customer hereby waives its rights contained in
sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131,
and 132 of the PPSA.
11.3 The Customer grants to the Seller a security interest in all
present and after acquired goods and their proceeds.
11.4 On the request of the Seller the Customer shall promptly
execute any documents and do anything else required by
the Seller to ensure that the security interest created
under this agreement constitutes a first ranking
perfected security interest over the goods and their
proceeds including providing any information the Seller
reasonably requires to complete a financing statement or
a financing change statement. The Customer waives any
right to receive a copy of a verification statement under
the Personal Property Securities Act 1999.
11.5 The Customer will pay to the Seller all costs, expenses and
other charges incurred, expended or payable by the
Seller in relation to the filing of a financing statement or
a financing change statement in connection with these
terms and conditions.
12. Assignment
12.1 The customer shall not assign all or any of its rights or
obligations under this contract without the written consent of
the seller.
13. Cancellation
13.1 The seller may cancel these terms and conditions or
cancel delivery of goods and services at any time before
the goods are delivered by giving written notice. The
seller shall not be liable for any loss or damage arising
from such cancellation.
13.2 The customer may cancel delivery of goods at the seller’s
sole discretion and will be liable for any costs incurred by
the seller.
14. Limitation of liability
14.1 The seller shall not be liable for any loss of profits, or any
consequential indirect loss, or damage of any kind arising
directly or indirectly from any breach of the seller’s
obligation under this contract or in tort.
14.2 Where the seller is liable to the customer, the maximum
cost of any liability shall not in any circumstances exceed
the value of the goods or services provided by the seller
to the customer.
14.3 The seller shall have no liability whatsoever for claims if:
(a) The goods are installed or fitted by unqualified
trades people;
(b) The goods or services are in any way adapted to a
use for which they are not specifically intended; or
(c) The goods are added to or repaired using
components not recommended or approved by the
manufacturer of the Services.
15. Miscellaneous
15.1 If any of these terms and conditions is held by a Court to be
ineffective by virtue of illegality or otherwise, then such
condition, or part of it, shall be severed from all other
conditions without affecting the validity or enforceability of
all other conditions or part of them.
15.2 The customer may not claim any counter claim or set-off
against any payments due by it to the seller.
15.3 The seller may license or sub-contract all or any part of its
rights and obligations without the customer’s consent.
15.4 The seller reserves the right to review and change these
terms and conditions at any time and will notify the customer
of this in writing at which time the changes will take effect.
16. Warranty
16.1 The seller makes no warranty or representations as to the
state, quality or fitness of the goods for any purpose and no
such warranty shall be implied. For the avoidance of doubt,
no warranty shall be implied by the description of the goods
on the face of this form or by the provision of any information
relating to the proper operation or maintenance of the
goods. For the avoidance of doubt the customer expressly
acknowledges that the Sales of Goods Act 1908 does not
apply.
16.2 Where the manufacturer of goods offers a warranty in
respect of those goods the customer expressly acknowledges
and accepts that the warranty is provided by, and honoured
by the manufacturer at its sole discretion. The customer
indemnifies the seller against any liability, consequential or
indirect loss arising from the manufacturer failing or refusing
to honour the warranty.
16.3 The seller shall take all reasonable steps to ensure the
benefits of the warranty flow to the customer, however the
customer expressly acknowledges that it is their sole
responsibility to ensure the terms of the manufacturers
warranty (if any) are complied with.
16.4 Subject to the exclusion of liability in clause 16.3 above, the
customer acknowledges that the seller shall be under no
liability whatsoever except for the express conditions as
detailed and stipulated in the manufacturers warranty.
17. Consumer Guarantees Act 1993
17.1 The guarantees contained in the Consumer Guarantees Act
1993 are excluded where the customer acquires goods or
services from the seller for the purposes of a business.
17.2 If the customer on sells the goods to a third party, the
customer agrees to indemnify the seller for any losses
incurred due to third party claims against the seller.
18. Miscellaneous
18.1 If any of these terms and conditions is held by a Court to be
ineffective by virtue of illegality or otherwise, then such
condition, or part of it, shall be severed from all other
conditions without affecting the validity or enforceability of
all other conditions or part of them.
18.2 The customer may not claim any counter claim or set-off
against any payments due by it to the seller.
18.3 The seller may license or sub-contract all or any part of the
rights and obligations without the customer’s consent.
18.4 The seller reserves the right to review and change these
terms and conditions at any time and will notify the customer
of this in writing at which time the changes will take effect.
18.5 The customer warrants that it has the power to enter into this
contract and has obtained all necessary authorisations to
allow it to do so.
19. Acknowledgement
19.1 The Client acknowledges that it has received a copy of these
terms of trade. Acceptance of a quote, placement of an
order, whether by signature, email or other form of
acceptance, including verbal acceptance, deems that the
Client accepts these terms of trade issued by the Company.
The Client further acknowledges that it has been advised it
should seek independent legal advice before signing this
agreement, this is the Client responsibility alone and if this
advice is not taken then the Client acknowledges that it has
waived this right.