Conditions of Use

Generator Shop South Pacific Terms and Conditions 

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. 
  • Any condition in the buyer's order inconsistent with these terms has no effect unless expressly accepted in writing by the seller. 
  • Variations, waivers, or cancellations must be accepted in writing by the seller. A cancellation may incur a handling charge of up to 15%. 
  • If the quantity of goods changes, pricing is at the seller’s discretion—either based on the original or revised quantity. 

Formation of Contract 

  • The seller’s website and advertising are invitations to treat. 
  • Ordering goods constitutes an offer to purchase under these terms. 
  • The seller may decline orders for goods not in stock. 
  • A contract is formed when goods are dispatched. 

Prices and Terms of Payment 

  • Unless agreed otherwise, the buyer must pay before delivery. 
  • Where credit is granted, payment is due by the 20th of the month following the invoice month. 
  • All payments are to be made in full, without setoff or deductions. 
  • If payment is late, the seller may: 
    • Stop delivery; 
    • Charge 15% p.a. interest daily until paid in full; 
    • Sell goods elsewhere and charge the buyer for any loss; 
    • Charge the due amount to the buyer’s credit card. 
  • Prices may change without notice. The price on dispatch is final. 
  • Prices include GST. Other taxes, if any, are the buyer’s responsibility. 

Delivery 

  • The seller may dispatch goods in instalments. 
  • Delivery estimates are not binding. 
  • The buyer pays delivery costs from the seller's dispatch point. 

Shortages, Damages or Loss in Transit 

  • Claims for shortages must be made within 24 hours of delivery. 
  • Goods are packed adequately at dispatch. Claims for damage or loss must be made to the carrier as follows: 
    • Check consignment matches the carrier’s note before signing. 
    • Note any visible damage or shortage on the carrier’s note. 
    • Check goods within 24 hours and report issues. 
  • No claims will be accepted after 24 hours. 

Returns of Goods (Unused Product) 

  • Goods may be returned within 30 days if: 
    • They are unused, in original packaging, and returned at the buyer’s cost. 
    • The buyer provides proof of purchase. 
    • Goods are accepted only if undamaged and in good working order. 
  • Store credit will be issued for the purchase price (excluding freight). 
  • No cash refunds. 
  • Clearance items (discounted 40% or more) cannot be returned. 

Consumer Guarantees 

  • All consumer sales by the seller are governed by the Consumer Guarantees Act 1993 unless the buyer acquires goods for business purposes. 

Seller’s Liability and Maintenance Guarantee 

  • The buyer is responsible for ensuring the goods are fit for purpose. 
  • The seller’s liability is limited to what is outlined in clause 7.4. 
  • No liability is accepted for indirect or consequential damage. 
  • If not for business use, the Consumer Guarantees Act 1993 applies despite these terms. 
  • Goods are warranted for 12 months against faulty workmanship or materials. 
  • Misuse, neglect, or unauthorised modifications void the warranty. 
  • Repairs/replacements are at the seller’s discretion after inspection. 
  • Goods must be returned at the buyer’s expense for warranty claims. 
  • The warranty is only valid for the original buyer and is non-transferable. 

Property and Risk 

  • Risk passes to the buyer upon collection or delivery. 
  • Ownership remains with the seller until full payment is received. 
  • Until then, the buyer must: 
    • Keep goods identifiable as the seller’s; 
    • Maintain them in good order; 
    • Account separately for any resale proceeds. 
  • The seller may reclaim unpaid goods and: 
    • Revoke the buyer’s possession and resale rights; 
    • Recover costs related to repossession; 
    • Cancel other contracts with the buyer; 
    • Demand immediate payment of all outstanding debts; 
    • Value recovered goods at the lower of market or invoice price, subject to restocking fees. 

Errors or Omissions 

  • The seller may correct errors in advertising, invoices, or documentation within 30 days of delivery. 
  • Buyers will be notified and may return goods for a full refund if desired. 

Description of Product 

  • Product descriptions may change due to improvements or supplier updates. 
  • If goods do not match the description, the buyer should notify the seller immediately. 

Force Majeure 

  • The seller is not liable for delays or failure to perform caused by events outside its control, including natural disasters, accidents, and transportation issues. 

Compliance 

  • The buyer is responsible for permits and compliance with all legal requirements related to installation and use of the goods. 

Personal Property Securities Act 1999 

  • These terms constitute a security agreement under the PPSA. 
  • A security interest is taken in all present and future goods supplied. 
  • The buyer agrees to: 
    • Sign documents or provide information for registration; 
    • Reimburse registration costs; 
    • Not register financing change statements without consent; 
    • Notify the seller of changes to business or contact details; 
    • Inform the seller of any material changes to business practice. 
  • In case of default, the seller may repossess and sell goods. 
  • The buyer waives certain rights under the PPSA and agrees not to receive a verification statement. 
  • Terms such as Security Interest and Collateral have meanings as per section 16 of the PPSA. 

Costs 

  • The buyer must pay all costs related to enforcement of this agreement, including solicitor/client legal fees and associated expenses. 

Disputes and Law 

  • Disputes are subject to arbitration under the Arbitration Act 1996. 
  • This agreement is governed by New Zealand law.