Terms of Sale
These terms and conditions of sale (“Sales Terms”) between SmartKITSETS (“we”, “our”, or “us”) and you, constitute the contract between us and you for the sale and purchase of SmartKITSETS designs, plans and drawings (“Products”).
We shall sell and you shall purchase the Products in accordance with these Sales Terms only.
If you disagree with any of these Sales Terms you should not purchase the Products.
Any published prices in SmartKITSETS literature or website do not constitute a contract to supply.
SmartKITSETS will forward a specific Quotation for supply and then a Tax invoice for every sale.
All quotations remain open for 7 days from the date of quotation (unless otherwise specifically stated) and are deemed to be withdrawn after that date.
Orders, Price and Payment
The price for the Products (“Price”) shown on the Tax invoice is inclusive of GST unless otherwise stated.
The Invoice will show a deposit, and schedule of payments required. Your order is deemed placed once the deposit has been received by SmartKITSETS.
Once we accept your deposit, you are bound to pay us the balance of Price subject to the schedule of payments and generally full payment must be received by SmartKITSETS prior to the Products being available for dispatch.
All payments in relation to the Products are payable in New Zealand dollars and by a method acceptable to us at time of order.
The designs, plans and drawings (Products) are the ongoing property of SmartKITSETS.
You are purchasing the right to use the SmartKITSETS Products for a specific one-off project. Any multiple-use, resale or other use of the Products is a breech of SmartKITSETS copyright unless agreement for such uses have been previously agreed in writing by SmartKITSETS.
You have the right to cancel your order at any time before the Products are available for dispatch.
However, SmartKITSETS reserves the right to seek compensation for any losses it may incur from such cancellation including sales, administration, draughting costs and loss of profit.
SmartKITSETS shall have the right to apply by way of offset against any cancellation costs, any deposit received from you and to hold you accountable for any excess.
SmartKITSETS reserves the right to cancel your order if you do not pay the full Price within 7 working days of your being notified that your order is available for dispatch and to seek compensation for such cancellation as described above.
Product Specification and Images
From time to time we may change our material specifications and product images. Every effort is made to ensure our website and literature display correct images and specifications, however we reserve the right to change materials specified with like materials of similar or better appearance and durability.
SmartPLANZ shall not be liable for any failure or delay which results from circumstances beyond our reasonable control, including, without limitation: Unavoidable delays in production: default by sub-contractors; strikes and labour unrest; shortages; war; government intervention; fire; flood; accident; natural disaster; or any other event interpreted under New Zealand law as an act of God.
Consumer Guarantees Act
Nothing in the Sales Terms is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 (“Act”) except to the extent permitted by the Act and the Sales Terms are to be modified to the extent necessary to give effect to that intention.
Where the Act applies to these Sales Terms, if the Products are acquired by you for business purposes, you agree that the Act does not apply; and if the Products are not acquired by you for business purposes, we reserve the right to replace any Products which fail to comply with any guarantee contained in the Act.
You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
If Products have been delivered in error, please notify us in writing without delay after your receipt of the Products. We will endeavour to correct or replace the Products or refund the price of the Products to you.
Limitation of Liability
In no event shall SmartKITSETS be liable under this Agreement for any loss of profit, loss of revenue, loss of contracts, loss of production or any special, indirect or consequential loss, damage or injury of any kind whatsoever suffered by the Purchaser arising directly or indirectly from any breach of any of our obligations arising under or in connection with these conditions of sale or from any cancellation of any order or from any negligence, misrepresentation or other act or omission on the part of SmartKITSETS its servants, agents or contractors.
You acknowledge that you are 18 years or over and have the full legal capacity to agree to enter the Sales Terms as a binding contract.
New Zealand law
The Sales Terms will be governed by and construed in accordance with the law of New Zealand and we unconditionally and irrevocably submit to the exclusive jurisdiction of the New Zealand courts.
If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the Sales Terms must be specified in writing by us and signed by an authorised person.
If any provision of these Sales Terms is held by any competent authority to be invalid or unenforceable in whole or in part, validity of the other provisions of these Sales Terms and the remainder of the provisions in question shall not be affected.
You may not transfer or assign all or any of your rights and obligations under the Sales Terms without our prior written consent.