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 

  1. Unless agreed otherwise, the buyer must pay before delivery. 
  2. Where credit is granted, payment is due by the 20th of the month following the invoice month. 
  3. All payments are to be made in full, without setoff or deductions. 
  4. 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.