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Pure Health & Safety Ltd | Terms & Conditions

Terms & Conditions of Trade

1. Definitions

In these conditions unless the context otherwise requires:

Company means Pure Health & Safety Ltd.
Buyer means the person, or company buying the goods from the Company.
Goods and/or services mean the products and/or services being purchased by the Buyer from the Company.
Contract means the contract by the Buyer for the purchase of the Goods and/or Services from the Company.
Instruction for supply or products and/or services – includes electronic scheduling of appointments for services, electronic purchases and/or electronic requests for products or services.
Purchase price means the price of goods as agreed by Buyer at time of purchase.
Person includes a corporation, association, firm, company, partnership or individual.
PPSA means the Personal Property Securities Act 1999.

2. Quotation

The Buyer may request a Quotation from the Company electronically, by email, by telephone or by fascimile; setting out the price and quanity of the Goods and/or Services to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe and confirming that placement of an order constitutes a binding contract and acceptance of the Terms and conditions.

3. General

Any statements and data contained in this website are intended for general information purposes only and are given in good faith. The information is given in a descriptive way and does not purport to guarantee any products or services, not extend the warranty services or those of of any third party provider(s); given in our Terms and Conditions. Pure Health & Safety shall not be obligated to supply any items included in this website which in our opinion are incorrectly described and/or priced. E & O.E.

4. Availability

Pure Health & Safety will endeavour to the best of its ability to ensure the supply of Goods and/or Services promptly and without defect, but shall be under no obligation for any delays or consequence thereof caused.

5. Acceptance

At the time of purchase or instruction the Buyer is given the right to alter or refuse the order or instruction to the Company for the supply of products and/or services. If the Buyer decides to waive that right and continue by confirming the purchase or instruction for the supply of products and/or services they will be deemed to have made a purchase and such purchase or instruction shall constitute acceptance of the terms, and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

6. Terms and Conditions

These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered, downloaded, posted, or sent by email or facsimile to, or otherwise brought to the notice of, the Buyer, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.

7. Price

7.1. The Price are shown in NZD + GST and shall be as indicated on the Company’s website and on invoices provided in a downloadable or printable format by the Company to the Buyer in respect of products and/ or services supplied; or

7.2. The Price shall be the Price of the Company’s current Price at the date of delivery of any goods.

7.3. The Company reserves the right to alter prices without prior notice.

7.4. Payment for the products and/or services not made at the time of purchase shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on delivery of any goods.

7.5. The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.

7.6. The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.

8. Payment, Late Payment, Default of Payment and Consequences of Default of Payment

8.1. The method of payment by the Buyer will be made by visa or by direct credit, using the electronic payment system, or by any other method as deemed appropriate by the Company and shall be made at time of purchase or on invoice by the Company.

8.2. No Goods shall be shipped or Services delivered until payment is made in full and confirmed as correct.

8.3. Late payment shall incur interest at the rate of 2.5% above the official cash rate per annum calculated on a daily basis, plus a default administration fee of $15.00 per invoice per month outstanding, to cover costs. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.

8.4. Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.

8.5. In the event that:

any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

9. Governing laws

These Terms and Conditions of Trade will be interpreted in accordance with applicable New Zealand government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms and Conditions of Trade.

10. Seminar Cancellation Policy

A full refund or credit or offer of another place on another seminar is given if Pure Health & Safety Ltd cancels a Seminar for whatever reason. The Customer may have the option to rebook on the next available seminar.

A company may substitute a person for another person, provided they are from that same company and provided that company notifies Pure Health & Safety Ltd by email to info@puresafety.co.nz, not less than 48 hours before the Seminar begins.

If the Customer cancels a seminar 5 or more working days from Seminar commencement date, the Customer is entitled to a full refund. A Customer that cancels a Seminar less than 5 working days prior to the Seminar is entitled to a 50% refund.

To request a refund or credit the Customer needs to contact Pure Health & Safety at info@puresafety.co.nz stating the reason for the refund request. Pure Health and Safety Ltd will then consider that Customers request, based on this Seminar Cancellation Policy

Any Customer that cancels on the day of the Seminar or does not show up for the Seminar on the date they booked and paid for, is not entitled to any refund, whatsoever.

11. Order Cancellation

Once an order has been made you cannot cancel it.

12. Refund/Returns

Please refer to the Ministry of Consumer Affairs website: http://www.consumeraffairs.govt.nz/pdf-library/publications/refunds.pdf

13. Dispute resolution

The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

14. Ownership of the Goods

Ownership and title of the goods remains with the Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full. Once payment in full is received the Buyer is responsible for applicable insurance cover of the Goods.

15. Warranty

The Company acknowledges its statutory obligations under the Consumer Guarantees Act and The Fair Trading Act and Sales of Goods Act. The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods to the place specified.

16. Liability

The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.