Or

Conditions of Sale

1.  GENERAL: The word “seller” in these conditions shall be deemed to refer to Fetchalamp.co.nz (trading as Infinity Lighting Limited) and the term “buyer” to the person or organization to whom a sale or quotation is made.

2.  ACCEPTANCE: Unless otherwise stated, prices are open for acceptance only on the day of purchase from the website Fetchalamp.co.nz.. Prices quoted, are for quantities and types purchased as one sale as listed on the website.

3.  TERMS OF PAYMENT: Unless otherwise stated, all prices are in NZ$. Prices are net and unless otherwise stated in full, shall be made using the secure ANZ eGate™ EFTPOS facilities provided on the website. Dispatch of goods is dependent on availiability from our suppliers if lamps are not in stock. If lead times are longer than 5 days, we will offer the purchaser a refund via a credit if requested or an alternative suitable lamp.

4.  DEFAULT OF PAYMENT: If the buyers credit card defaults for any reason but including fraudulent use, the seller may suspend or terminate the contract. In the event of termination, the seller shall have the right to enter the premises where the goods are situated and take possession and remove the goods without being responsible for any damage thereby caused. The seller may resell such products and apply the proceeds to abatement of the purchase price.

5.  RETENTION OF TITLE: Property in the goods shall pass from the seller to the buyer upon payment in full of the agreed purchase price. Until that time, full property in the goods remains with the seller.

6.  GST: Unless otherwise stated, prices are exclusive of goods and services tax.

7.  RETURN OF GOODS: No goods will be accepted for return without the appropriate tax invoice supplied with the purchased goods. Agreement shall always be subject to receipt of goods free into sellers store in a resalable condition within 14 days from the date of dispatch. Goods returned shall be subject to a handling fee of not less than the cost of freight unless fault lies with the seller. Custom manufactured or specially indented products cannot be returned under any circumstances.

8.  DESPATCH: Lead times for dispatch are from time of receipt of payment  online and for an order to proceed, all information and particulars from the seller is required to proceed goods supply. All such times are to be treated as estimates only and the seller shall not be liable for failure to dispatch within such times. The seller reserves the right to dispatch the buyer’s order in one or more installments at its discretion.

9.   DELIVERY AND TRANSFER OF RISK: Unless otherwise stated, freight is shown as a component of the online cart order upon checking out. Under some circumstances however, the seller may agree to arrange freight on behalf of the buyer with the cost of this freight being borne by the buyer. Regardless of the freight arrangements the seller cannot accept responsibility for goods lost or damaged in transit. The risk is transferred to the seller at dispatch date. Prices do not include for any transit insurance. It is the responsibility of the buyer to claim for any loss or damage immediately and directly to the transport company concerned in accordance with the transport company’s conditions of sale. In the event of any loss or damage to the goods in transit, payment of the amount due after shipment will be deemed due as if the goods had arrived undamaged. The seller reserves the right to re-quote for any replacement goods to be supplied.

10.   TECHNICAL DATA: All drawings, descriptive matter, weights, dimensions submitted with any quotation and the description and illustrations contained in catalogues, price lists and other advertising matter are approximate only and are intended merely to represent a general idea of the goods described therein.

11.   PRODUCT PERFORMANCE: Any performance figures given are based upon experience and such are expected to be obtained on test but no such figures are warranted unless specifically guaranteed in writing, signed by the seller, in which case the seller shall be liable as provided by its guarantee. If goods are made to the buyers specifications, the buyer assumes responsibility for the performance (of the goods) being sufficient and suitable for the buyers purpose.

12.   WARRANTY: Goods offered for sale by the seller are warranted to be free from defects in workmanship and material under normal use for a period of twelve (12) calendar months after the original goods, have been first dispatched by the seller unless the quoted estimated life is less than 12 months in which case the warrantee defaults to the clearly quoted life estimate. The seller’s liability in respect of any such defects shall be limited to replacement or repair of the goods. The seller cannot be held responsible for any consequential damage from the use of the goods. The seller accepts no responsibility for fitness, for use and service. This warranty does not cover damage from misuse, improper operation, maintenance, installation, modification or adjustment. The seller will not accept responsibility for lamp replacement except where it can be proven that there has been unreasonable failure. It is standard industry practice to state lamp life at a point where 50% of the installed lamps will have failed (on average). Any claims for lamp replacement, must be supported by proper records of lamp history (ie. Installation date, hours of operation and date of failure). All failed lamps must be returned to the seller to support any claim. All warranties are void unless all elements of the lighting system have been proven to be installed by a registered electrician and that all due care with regards to matching control gear and/or appropriately rated transformers have been used. It is the buyers responsibility to ensure these conditions are met.

13.   INSTALLATION: Unless otherwise stated, no provision is made for installation and commissioning of goods.

14.   TOOLING: Unless otherwise stated, moulds, dies and tools are, and shall remain the sellers property regardless of any charge.

15.   PATENTS: The buyer warrants that any design or instruction given by the seller shall not be such as will cause an infringement of any patent, registered design, trade mark, or copyright in the performance of the contract.

16.   DESIGN: The seller reserves the right to improve or modify any designs without prior notice.

17.   E & OE: Clerical errors and omissions in any quotation or invoice shall be subject to correction.

18.   CONTRACT: The administration of this contract shall be in accordance with New Zealand Law. The placement of an order by a buyer shall be deemed to incorporate all of the conditions stated above. No variation or deletion of any of the above conditions will be binding on the seller unless specifically agreed to in writing.