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Terms and Conditions
Terms of Sale | Returns and Refunds | Standard Terms and Conditions
Terms of Sale
These terms apply to all orders placed through eqm.co.nz with EQM Industrial Limited (“EQM”). By placing an order, the customer accepts these terms.
1 ACCOUNTS AND PRICING
1.1 Prices are available to approved trade account holders. Account pricing is set by EQM and may differ from standard pricing.
1.2 All prices are in New Zealand dollars and exclude GST. GST is added at checkout.
1.3 EQM may correct any pricing error before an order is accepted, and will contact the customer before proceeding.
2 ORDERS AND QUOTES
2.1 An order is accepted when EQM confirms it in writing or dispatches the goods.
2.2 Products marked “request a quote” are priced on application. Quotes are valid for 30 days unless stated otherwise.
3 PAYMENT
3.1 Payment can be made online by credit or debit card, or by purchase order where EQM has approved account terms.
3.2 Account customers must pay by the 20th of the month following invoice, unless otherwise agreed in writing.
4 DELIVERY
4.1 EQM delivers within New Zealand. Delivery charges are shown at checkout. Orders over $3,050 excluding GST receive free delivery, except where special freight is required.
4.2 Freight for large, long or heavy items may be quoted separately. EQM will advise the customer before dispatch.
4.3 Delivery times are estimates only. Risk passes to the customer on delivery or collection.
5 OWNERSHIP
5.1 Ownership of goods remains with EQM until paid for in full. EQM may register a security interest under the Personal Property Securities Act 1999.
6 WARRANTY
6.1 Products carry the manufacturer’s warranty. Customers must contact EQM before returning any product believed to be faulty.
6.2 Products must be installed and used in line with the manufacturer’s instructions. Damage caused by incorrect installation, misuse or normal wear is not covered.
7 BUSINESS PURCHASES
7.1 Goods sold through this website are supplied for business purposes. To the extent permitted by law, the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply.
Returns and Refunds
All returns must be arranged with EQM before goods are sent back. Contact [email protected] or 0800 147 847.
8 CHANGE OF MIND
8.1 Change of mind returns are accepted within 14 days of delivery, provided the goods are unused, not installed, in new condition and in their original unopened packaging with all parts and documentation.
8.2 Goods that have been installed, fitted or used cannot be returned or refunded.
8.3 Cut-to-length, made-to-order and special-order items cannot be returned.
8.4 Return freight is paid by the customer. A restocking fee of 15% may apply.
8.5 Approved refunds are made to the original payment method or as an account credit within 10 working days of EQM receiving the goods.
9 FAULTY OR INCORRECT GOODS
9.1 Damaged, faulty or incorrect goods must be reported within 7 days of delivery, with photos where possible.
9.2 EQM will repair, replace or refund the goods and pay the return freight. Warranty claims are assessed with the manufacturer.
TERMS AND CONDITIONS
1. All machine accounts to be paid within 7 days of dispatch
2. All parts & miscellaneous smaller item accounts to be paid by 20th of the month following transaction
3. Buyer accepts responsibility of goods upon dispatch from EQM Industrial Ltd store. Insurance of goods dispatched responsibility of Purchaser. The purchaser must satisfy itself that the goods ordered are fit and suitable for the purpose for which they are required.
4. No goods will be accepted for return without the prior consent of EQM Industrial Ltd. Goods not returnable after 30 days from the date of invoice. Invoice/Packing Slip must be quoted with goods returned for credit
5. Time shall in no case be of the essence.EQM Ltd shall not be responsible for any delay in the delivery of goods and the purchaser shall not be entitled to cancelan order because of such delay.
6. All the goods provided by EQM Industrial Ltd shall remain the property of EQM Industrial Ltd and EQM Industrial Ltd shall retain full legal and equitable ownership of such goods until the purchaser has paid for them in full
7. Until such payment you (the Purchaser) shall have no rights of property in, or ownership of, the goods, and shall hold them as bale on behalf of and in fiduciary capacity of EQM Industrial Ltd
8. EQM Industrial Ltd reserves the right to call on the premises where the goods are located, to take possession of them and to resell the goods and apply the proceeds of sale towards payment of the outstanding amount due to EQM Industrial Ltd or any invoice unpaid and EQM Ltd will not be responsible for any damage reasonably caused in the course of removal of goods.
9. The Purchaser agrees that all present and future rights to any of the goods and after-acquired property, including proceeds coming into existence after the commencement of this agreement is subject to the security interest hereby granted without the need for action by any party
10. The Purchaser consents to EQM Industrial Ltd registering a financing statement under the Personal Property Securities Act in respect of the goods supplied (where credit has been extended)
11. The unpaid seller, EQM Industrial Ltd protects their position with respect to:
a. The actual items supplied
b. The proceeds in the event that such items are sold
12. Ownership extends also to items that are subsequently manufactured using seller’s goods. The Purchaser can sell articles made with the goods in the ordinary course of business, but EQM Industrial Ltd could claim any rights held by the Purchaser over any third party who had In turn acquired the manufactured articles. Proceeds of resale shall be the property of EQM Industrial Ltd
13. Automatic curtailment or cancellation ( at the option of EQM Ltd) of any credit period if the Purchaser of the supplied goods, parts with possession of same before payment thereof or the purchaser becomes insolvent, unable to pay its debts,or attempts to make an arrangement with creditors.
14. Any liability on our part is subject to your observing the terms of payment and all other obligations under the invoice, It delivery cannot be effected for lack of instructions from you, then delivery shall be deemed to have been made within thirty (30) days of our giving notice that the goods are ready and your payment shall be due accordingly.
15. Except as otherwise provided and to the fullest extent permitted by law, EQM Ltd shall not be liable for any loss or damage of any kind arising from the supply of goods including consequential loss whether suffered or incurred by the purchaser or another person and whether in contract or tort or otherwise.
16. The invoice is a contract between the Purchaser and EQM Industrial Ltd. Any service carried out which may be the subject of an insurance claim between the purchaser and the purchasers insurers shall have no bearing on the terms of payment and as such any amount payable under these terms must be paid direct to EQM Industrial Ltd by the purchaser regardless of the existence of an insurance claim or otherwise
17. Interest at the rate of 2% per month will be charged on any amount outstanding
18. Prices are based on the rates of exchange and the cost of materials, labour, transport, insurance, and other items as at the date of order. In between that date and the completion of the service undertaken, if variations occur in such items or there are increases in costs attributed to EQM Industrial Ltd suppliers or to charged orders or variations made by the purchaser, or taxation or legislation, then EQM Industrial Ltd reserve the right to amend its price accordingly without prior notice to the purchaser
19. Choice of Law this contract is to be subject to and governed by the laws of the New Zealand. Language to be English
20. Warranty – all items are purchased on an as is – where is’ basis unless a written warranty is issued for goods for a stated period. This warrants that components deemed in EQM Industrial’s Ltd opinion to be defective will be repaired, or replacement supplied at no charge to the Purchaser, or money refunded, such action entirely at the discretion of EQM Industrial Ltd or its authorised representative. Any part claimed defective must be returned to EQM Industrial Ltd for inspection before decision or action, it any, will be undertaken
21. In any case where EQM Industrial Ltd or its dealer may agree that it is impracticable to return any defective components, to ensure correct action, detailed instructions and approval to carry them out must first be obtained from an authorised representative of EQM Industrial Ltd betray any repair or replacement is affected if there is any claim for warranty cover to be considered by EQM Industrial Ltd. This warranty does not extend to cover normal maintenance faults due to misuse, neglect, accident or unauthorised modification or repair. The Purchaser accepts full responsibility to supply or pay for labour to remove or reassemble components, mileage, transport, and any other consequential cost! damages or losses inourred
22. Risk in the goods passes to the Purchaser upon delivery
23. If any provision of this contract shall be invalid, void, illegal or unenforceable, then the validity, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. Failure by EQM Ltd to enforce any of the terms of this contract shall not be deemed to be a waiver of any of the rights or obligations which EQM Ltd has under the terms of this contract.
24. Privacy Act.
The purchaser authorises the EQM Industrial Ltd or its agent or duly authorised credit reporter to:
1. access, collect, retain and use any information about the customer for the purpose of assessing the purchser’s creditworthiness and /or for the purpose of marketing products and services to the purchaser.
2. Disclose information about the purchaser, whether collected by the EQM Ltd from the purchaser directly or obtained by EQM Ltd from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection, or notifying a default by the purchser.
3. Where the purchaser is an individual the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993
4. The purchaser shall have the right to request EQM Ltd for a copy of the information about the purchaser retained by EQM Ltd and the right to request EQM Ltd to correct any incorrect information about the purchaser held by EQM Ltd.
25. PERSONAL PROPERTIES SECURITIES ACT (PPSA)
a. To the extent permitted by law, the Purchaser and EQM Industrial Ltd contract out of; a Section 114(1) (a) of the PPSA; and
b. The purchasers rights referred to in sections 107 (2) (c), (d), (h) and (i) of the PPSA.
c. The Purchaser waives its rights to receive a copy of any verification statement in respect of any financing statement relating to any security interest granted to EQM Industrial Ltd by the Purchaser,
d. The Purchaser agrees to indemnify EQM Industrial Ltd, upon demand, for all costs and expenses (including legal fees) incurred by EQM Industrial Ltd.
e. As a result of the occurrence of an Event of Default (including upon actual or attempted enforcement of any security interest granted to EQM Industrial Ltd by the Purchaser); and
f. In complying with any demand made under section 162 of the PPSA.
g. On the request of EQM Industrial Ltd, the Purchaser shall promptly do all things (including signing any delivery docket and/or invoice) and provide all information necessary to enable EQM Industrial Ltd to perfect and maintain the perfection of any security interest granted to EQM Industrial Ltd by the Purchaser (including by registration of a financing statement)