OUR TERMS OF TRADE & WARRANTY OF GOODS & SERVICES
  • LIFERAFT RETURN POLICY
    LIFERAFT RETURN POLICY

 

Date 1/3/2020

Liferafts South Pacific Ltd Terms of Trade  (All Transactions and Prices are in New Zealand Dollars)

1. All payments due to Liferafts South Pacific Ltd are due strictly in advance or on 20th of the month following receipt of invoice/statement or as specified at time of sale for those with an account. Payment can be made by cheque, direct credit, Visa or Mastercard or internet banking. Our bank account details are noted on our invoices and statements issued each month.

2. That under the terms of the Privacy Act (1993) you irrevocably authorise any person or company to provide us such information as we may require in response to enquiries and that you authorise us to furnish to any third party any details relating to trading with us.

3. That you undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay late fees / interest of 2% per month above our banks overdraft base rate at the time on any amount outstanding and to indemnify us and pay all debt collection costs and expenses if legal action is necessary and which we may incur in recovering from you any overdue amount.

4. Delivery of goods to the client is made on the express condition that ownership is reserved, and the goods remain vested in Liferafts South Pacific Ltd and shall not pass to the customer until the customer has paid the purchase price in full.

5. If the customer is in default of any payment Liferafts South Pacific Ltd shall be entirely entitled to uplift any goods supplied and to enter upon the customers premises at any reasonable time to collect goods to the value of the claim pursuant to this clause and indemnify Liferafts South Pacific Ltd for any losses resulting from the recovery process.

6. All and any disputes arising between Liferafts South Pacific Ltd and the customer which cannot be settled amicably shall be referred to a neutral single arbitrator in New Zealand within 30 days of the receipt of notice of dispute. Arbitration shall be held, governed, and interpreted exclusively in and according to the relevant laws of New Zealand.

7. Procured items not returnable without permission. All Goods remain the property of Liferafts South Pacific Ltd until invoice is paid in full. Shortages must be reported within 7 days of receipt. Claims for damage must be made with the carrier.

8. Errors and Omissions Excepted (E. & O.E.) means that Liferafts South Pacific Ltd reserves the right to correct and rectify any invoices that may contain errors in values or quantities for items invoiced, or any items omitted from an invoice at its discretion.

 

Warranty of Quality of Goods and Services

1. If the Customer establishes to the Company’s reasonable satisfaction that there is a material defect in the materials or workmanship of the Goods manufactured or there is some other failure by the Company in relation to the conformity of the Goods with the Contract or the Services have not been performed with reasonable care and skill, then the Company shall at its option, at its sole discretion and within a reasonable time;

(a) repair or make good such defect or failure in such Goods or Services

(b) replace such Goods with Goods which are in all material respects in accordance with the Contract or re-perform such Services; or

(c) after having taken back such Goods or materials relating to such Goods or Services, issue a credit note to the Customer in respect of the whole or part of the Contract price of such Goods or Services as appropriate (limited to the lower of the price paid by the Customer for the Goods or Services or the recommended list price for the Goods in question); Noting that a prorata scale can be used in accordance to goods that have been in service.

subject, in every case, to the remaining provisions of this Condition

2. Condition 1 shall not apply unless the Customer:

(a) notifies the Company in writing of the alleged defect in the Goods or Services within 14 days of the time when the Customer discovers or ought to have discovered the defect.

(i) 12 months of the delivery date for all other Goods or parts thereof; and

(ii) 3 months of performance of Services,

or such other periods as may be agreed by the Company in writing; and

(b) affords the Company or such other person nominated by the Company a reasonable opportunity to access the Customer’s premises or such other premises where the Goods are located in order to inspect the relevant Goods or the location at which the Services were performed; and

(c) if so requested by the Company and where it is reasonable to do so, promptly returns to the Company or such other person nominated by the Company a sample of the Goods or materials relating to the Services within 14 days, carriage paid by the Customer, for inspection, examination and testing.

3. If the Company elects to replace the Goods or re-perform the Services pursuant to Condition 1, the Company shall deliver the replacement Goods to or re-perform the Services for the Customer at the Company’s own expense at the address to which the defective Goods were delivered and the legal, equitable and beneficial title to the defective Goods which are being replaced shall (if it has vested in the Customer) re-vest in the Company and the Customer shall deliver up to the Company the defective Goods which are being replaced or materials relating to the previously performed Services.

 

4. The Company shall be under no liability under the warranty at Condition 1 above:

(a) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal environmental, working or storage conditions, failure to follow the Company’s instructions (whether oral or in writing), including the installation and servicing instructions, misuse or alteration or repair of the Goods without the Company’s approval;

(b) if the total price for the Goods or Services has not been paid by the due date for payment;

(c) for any parts, materials or equipment not manufactured by the Company, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the Company to the extent that they are assignable by the Company to the Customer;  

(d) for any Goods manufactured or appropriated to the Contract or for any Services provided in accordance with any designs, drawings, specifications, instructions or recommendations (in each case, as appropriate) issued by the Customer;

(e) in respect of any type of defect, damage or wear specifically excluded by the Company by notice in writing; 

(f) if the Customer makes any further use of the Goods after giving notice in accordance with Condition 2;

(g) for any installation, alteration, repair and/or servicing of the Goods by persons other than those approved by the Company or if the Goods have not been serviced at the manufacturer’s recommended service intervals;

(h) if the serial number on the Goods has been changed, defaced or detached in any way;

(i) in the event any routine servicing or maintenance of the Goods is required, which is not due to a defect in the Goods; or

(j) in the event the Customer has not sent use, maintenance and servicing instructions for the relevant Goods at the point of sale to the end user, or the point of sale for the Goods to the end user occurs after the warranty periods stipulated in 2.

5. If the Goods include life rafts then in addition to the exclusions set out in Condition 4 above and in relation to the life rafts only, the Company shall have no liability under the warranty at Condition 1 for:

(a) defect or damage arising from a gas inflation of the life rafts over and above that required during normal servicing (as defined in the IMO Resolution A761(18)) and carried out by an authorised service station;

 (b) any life rafts that have been deployed, whether intentionally or unintentionally (except where such deployment is carried out in accordance with regulatory requirements or the Company’s servicing instructions), and any such life rafts shall be considered as condemned and shall not be reused;

(c) any damage, such as corrosion of metallic parts, due to lack of maintenance or premature wear resulting from improper service and storage of the life rafts; or (d) normal deterioration, wear, discoloration, deformation, dulling, crazing or agreeing of fabrics, metals, plastics or fibreglass. 

6. The liability of the Company under this Condition 1 shall in no event exceed the purchase price of the relevant Goods or Services and performance of any one of the above options shall constitute an entire discharge of the Company’s liability under this warranty.

7. This is the sole and exclusive warranty given by the Company with respect to the Goods or Services, and is in lieu of and excludes all other warranties, express or implied, arising by operation of law or otherwise, including merchantability and fitness for a particular purpose. No person is authorised to give any warranties on behalf of the Company or to assume any other liability on behalf of the Company in connection with the Goods or Services unless given in writing and signed by an authorised representative of the Company. 

8. Safety and Recall  

1. If the Company notifies the Customer in writing of any defect in the Goods previously delivered to the Customer or the Services previously performed at any time or any error or omission in the instructions for the use and/or assembly or installation of the Goods (whether or not any such defect, error or omission represents a breach of the warranty in Condition 1 or any other provision of the Contract) which exposes or may expose consumers to any risk of death, injury or damage to property, the Customer shall co-operate fully and promptly with any steps taken by the Company under Condition 2 below.

2. The Company may at its discretion: 

(a) recall any Goods already sold by the Company to the Customer (whether for a repair, refund or credit or for replacement of the Goods which shall in each case be undertaken by the Company) and/or issue any written or other notification to the Customer about the manner of use or operation of any Goods: and/or 

(b) offer to repair goods or re-perform Services previously provided to the Customer.

 

Dangerous Goods and Dated Items

  • Returns are not accepted on hazardous items such as pyrotechnic signaling flares unless damaged or defective.
  • Returns are not accepted on dated items such as First Aid Kits, etc.
  • We reserve the right to approve or deny returns for these items on a case-by-case basis.
  • We strongly encourage you to contact us if you have any questions about the item(s) you are interested in before placing your order. We want to help you make the correct decision and avoid costly errors in ordering an incorrect item.

 

 

 

 

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