Terms & Conditions

‘The Seller’ refers to Levin Sawmakers (1996) Ltd, P O Box 1066 Levin 5540.  Physical address is 15 Tiro Trio Road Levin 5510, New Zealand.

‘The buyer’ refers to any legal entity purchasing from the seller.

 

General

These Terms & Conditions shall prevail over any terms contained in any order or offer made by the buyer or any document used by the buyer (which shall have no effect).

 

Ordering

The seller’s website, the information on it and any information in emails constitute an invitation to treat and not an offer of supply products.  When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Terms & Conditions.  The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.

 

Payment

All orders are payable in New Zealand Dollars.  The seller accepts payment at the time of ordering by Direct Credit into the seller’s bank account or by using Visa or Mastercard except for machinery sales or other items that the seller states as not being available for payment by credit card.  As for Account holders the seller only accepts payment by direct credit into the seller’s bank account.

 

Shipping & Delivery

The seller users a variety of courier and freight companies at its own discretion to deliver the products.  Courier Post and PBT are used for the majority of the deliveries.  The seller aims to get your order to you as fast as practically possible at a competitive price.  For general in stock items the seller will send the parcel within the freight FREE for orders over NZ $230.00. For orders less than NZ$230.00 the seller charge NZ $10.00 freight for the North Island and NZ$15.00 for South Island deliveries.

For non-standard items such as ladders, spades, signs and stands machinery and parts, spray paint or any other products that the seller deems at the time to be bulky or heavy the seller will charge freight at a realistic and competitive price.

 

Shipping Category

Price

Example Products

General Products

NZ $0.00

General products, where the order is more than NZ $230.00

General Products

NZ $10.00

North Island

General products, where the order is less than NZ$230.00

General Products

NZ $15.00

South Island

General products, where the order is less than NZ $230.00

 

Products and Services that incur freight

 

$TBA

Ladders, spades, signs and stands, machinery and parts, spray paint and

any other products the seller deems from time to time. 

Same day, overnight or Saturday deliveries.

Wholesale Orders

Overseas Orders

 

Order Process

The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website.  The buyer must provide all required information (including name, email address, payment details, and order number if required and delivery address, unless being picked up) or the seller may not be able to process the buyer’s orders.

 

The seller’s discretion in rejecting orders

No order shall be deemed accepted by the seller until the seller has sent the buyers order.  The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer.  If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.

 

Prices

The prices for the products are stated and are payable in New Zealand dollars (NZD).

 

Taxes and other charges

All prices and freight charges within New Zealand are inclusive of New Zealand Goods and Services Tax at the rate of 15%.

 

Overseas orders

The buyer shall contact the seller for any overseas purchases.  Where the product is being sent by the seller to an overseas address the seller will deduct the 15% Goods and Services Tax from the price.

 

Availability and Cancellation

All orders are subject to the availability of products.  If for any reason a product is not available, the seller will endeavor to notify the buyer of non-availability.  The seller may revise the range of products or the specification of any product at any time and without notice to the buyer.

 

Cancellation of orders

Where products are listed on the seller’s website with an incorrect price or with incorrect information, the seller reserves the right to cancel the buyer’s order (regardless of whether the buyer has made payment for that order).  Where the buyer has already made payment for an order that is subsequently cancelled by the seller, the seller will refund the amount paid by the buyer in relation to that order.

 

Delivery

Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The buyer may specify delivery instructions for an order (for example, the buyer may authorize the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address).  The seller will not be responsible for any order that is delivered in accordance with buyer’s delivery instructions.

 

Shortages, Damages or Loss in Transit

Liability for shortages in the quantity of goods delivered is limited to making up the shortages.  Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim.

All orders delivered within New Zealand are insured against damage or loss during transit up to the value of NZ$2000. 

Goods leaving the seller’s premises are adequately packed.  Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

  • Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
  • Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
  • Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.

No damage claims will be considered after 7 days of receipt of goods.  While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.

 

Return of Goods for Credit or Refund.

Goods supplied in accordance with the buyer’s order can only be returned with the express approval of the seller.  Goods must be returned within 10 days of receipt, must have a copy of the invoice with the product or products being returned and must be unused and without any damages to receive a refund.

Returned goods incur a 10% restocking fee except where the seller has supplied in error or alternative arrangements have been agreed to by the seller.

 

Liability and Maintenance Guarantee

To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

In lieu of any warranty, condition, or liability by law, the seller’s liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited at the sellers sole discretion to either refunding the purchase price or to making good the replacement or repair of defects arising under normal prober use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 60 days of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged.

At the termination of the appropriate period (ie guarantee period) all liability on the seller’s part ceases.

The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification adjustment or what would normally occur through normal wear and tear.

The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchase of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.

 

Errors or Omissions

The seller is entitled at any time to correct all errors and omissions (whether clerical computational or otherwise) in any advertising, quotation, invoice or acknowledgement.  Due to the seller’s administrative process, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer.  The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

 

Ownership and Risk

Ownership of all goods sold by the seller (“the goods”) is retained by the seller until the seller has received the full price for the products and the applicable delivery charges.  This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.

Until full payment is made the buyer agrees to:

  • Enable the goods to be readily identifiable as the property of the seller.
  • Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
  • On a sale or other realization of the goods the buyer shall identify and separately account for the proceeds of sale.

 

Privacy

The seller has systems in place to protect the buyer’s personal information including bank account and credit card information.

The buyer’s credit card details do not get processed or transmitted through or via the sellers website; all transactions are processed through Paymark Click, a secure payment service provider.  Paymark Click hosts and manages the payment page.

The seller provides the buyer with ways to alter their personal data, including a change of email address, password, phone number, etc.

The buyer is responsible for their own user name, email address and password.  The seller accepts no liability for information that the Buyer has allowed any third party to have access to.

The seller sends emails to member’s informing them of special benefits, offers and other promotional material.  If the buyer wishes to be removed from the sellers directory for any reason, the buyer shall email the seller asking to be removed, and the seller shall action that request or the buyer can unsubscribe through the email sent to them.

 

Personal Property Securities Act 1999

Until full payment has been received for the buyers order, the buyer acknowledges and agrees that:

  • these Terms & Conditions constitute a security agreement for the purpose of section 36 of the Personal Property Securities Act 1999; and
  • a security interest is taken in all products previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer (if any).

 

The seller undertakes to:

  • sign any further documents and provide any further information which the buyer may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
  • indemnify the seller for all expenses incurred in registering a financing statement or financing change request on the Personal Property Securities Register or releasing any item charged thereby:
  • not register a financing change statement or a change demand on the Personal Property Securities Register without our prior written consent;
  • give the seller not less than 14 days’ prior written notice of any proposed change in the buyer’s name or any of the buyer’s contact details.

Unless otherwise agreed to in writing by the seller, the buyer waives their right to receive a verification statement in accordance with section 148 of the Personal Property Securities Act 1999.

 

Risk

Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer’s delivery instructions), the buyer assumes full responsibility for and risk in the products.

 

Description of Products

Modifications and improvements to the seller’s products, prices and data are constantly being made.

Although the seller has endeavored to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

The seller also relies on information from its suppliers and product manufacturers and therefore the descriptions, illustrations and literature are not binding on the seller.

If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take the appropriate action.

 

Robots, Spiders & Scrapers

The buyer may not use a robot, scraper or other unauthorised automated means to access the website or information featured on it for any purpose.

 

Force Majeure

The seller shall not be liable to the buyer for any loss or damage, directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is outside the seller’s reasonable control.

 

Compliance

The buyer shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any products you purchase form the seller.

 

Changes to these Conditions of Use

The seller reserves the right to change these Terms & Conditions from time to time by publishing the changed terms on the seller’s website.  When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of use are published shall be subject to the revised Conditions of Use.

 

Severability

If any provision of these Terms & Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

 

Disputes and Governing Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

These Terms & Conditions (and any contracts to which these Terms & Conditions shall be governed by the laws of New Zealand and the courts of New Zealand shall have non- exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms & Conditions (and any contracts to which these Terms & Conditions apply).