Online Terms of Sale – Dynamic Maintenance 2023 Limited
Please read these terms of sale carefully - access of this website or placement of an order by the customer shall constitute valid acceptance of these terms of sale.
In these Terms of Trade, we, us, and our refer to Dynamic Maintenance 2023 Limited as the owner of the Website. You refers anyone who uses or accesses the Website. Parties refers to you and us.
The agreement between you and us (Contract) for the ordering, purchase, fulfilment and delivery of goods and services from our Website, is contained within in these Online Terms of Trade, together with our Website Terms of Use, Privacy Policy and any subsequent variations agreed to by us in writing.
By accessing the Website and/or placing an Order, you accept the terms of this Contract to the exclusion of any of your terms and all previous representations made to you.
- Definitions
- In these Terms of Trade:
Goods means the products as displayed by us on the Website at the Price
Carrier has the meaning as defined in the Contract and Commercial Law Act 2017.
Order means any offer made by you, in response to an invitation to treat made by us, via the Website.
Price shall be the price quoted on this Website for the relevant Goods at the time the Order was submitted, including any associated Service fees, taxes or other associated costs, subject always to clause 5.
Premises means 22 Wallacetown-Lorneville Road, Lorneville, Invercargill or such other location as operated by Dynamic Maintenance 2023 Limited.
Website means www.dynamicltd.co.nz
- Reference to a party includes that party’s successors, executors, administrators and permitted assigns.
- Reference to clauses is to clauses in this Contract.
- Reference to a statute includes:
(a) references to all regulations, orders, rules, or notices made under that statute;
(b) all amendments to that statute and those regulations, orders, or notices; or
(c) any statute passed in substitution of that statute.
- Orders
- The Website and the information displayed on it, constitute an invitation to treat and not an offer to sell or supply goods and services from us. Any Orders you place via the Website are legally binding offers and if accepted by us, a legal contract is formed.
- You may enter into a contract for the purchase and supply of Goods by:
- You making an offer to purchase Goods at the Price by:
- placing an Order which requires you to confirm the Order details in accordance with the ‘check out’ procedure on the Website; and
- making payment in full for the goods (plus any applicable delivery charges and service charges); and
- Us accepting your offer in accordance with these Online Terms of Sale.
- You making an offer to purchase Goods at the Price by:
- You will be taken to have communicated your offer to purchase the Goods when:
- All requirements set out in these Online Terms of Sale have been met;
- The Offer is entered and recorded in our database; and
- We receive in our account, full payment from you for the Goods (including any applicable delivery charges) and confirmation that payment is received from our database.
- By accessing our Website and/or placing an Order, you expressly consent to being contacted electronically or via telephone by us.
- After making full payment of the Price, we will send you an email confirming receipt of your Order. This is acknowledgement of your Order but not acceptance of your offer. If your Order is not accepted by us, or if we need to cancel your Order pursuant to these Online Terms of Sale, we will notify you by email or telephone to arrange a refund of your payment.
- We reserve the right to accept, reject or cancel any Order submitted by you and will not be required to provide reasons for the same.
- We will be deemed to have accepted your Order when we send you notification via email or telephone that the Goods contained within your Order has been shipped or that the Goods are ready for collection.
- Delivery
- If you have requested delivery and your Order is accepted, we will deliver the Goods to the address specified by you. If no delivery is requested, the Goods will be available for collection at our Premises or any other location as directed by us.
- For Goods that do not qualify for our standard shipping options for any reason, we reserve the right to not accept the Order until we have contacted you to provide a quote for the specialised Carrier required to facilitate delivery. Once payment has been made by you to us for the specialised Carrier, we may then accept the Order and arrange for delivery. For the avoidance of doubt, the terms in these Online Terms of Sale relating to delivery will apply to deliveries of Goods which require a specialist Carrier.
- The delivery address you provide us must be within New Zealand and reasonably accessible by standard delivery services.
- You must provide us with an accurate delivery address and you are solely responsible for checking the address is correct. We will not be liable for any Goods delivered to an incorrect address where this is the address that was submitted in your Order.
- You acknowledge that delivery times may vary, depending on the size, availability and speciality of the Goods requested by you. We will use reasonable endeavours to provide you with an estimated time of Delivery upon request.
- Collection
- If you have elected to collect your Goods from the Premises, you or the person collecting the Order must provide a copy of the Order confirmation email. We may request to view valid photo identification and the credit/debit card used to place the Order.
- Price
- You will pay to us the Price plus any disbursements, including delivery costs, incurred by us on your behalf.
- You acknowledge that while we take reasonable efforts to update the Website, Prices may be displayed incorrectly. If prices are displayed incorrectly, we reserve the right to not accept your Order in accordance with clause 4.
- Unless specified otherwise, the Price and all other amounts payable are inclusive of GST and are payable in New Zealand dollars.
- Ownership
- We retain ownership of the Goods until the Price is paid in full.
- Risk
- If your Offer is accepted by us, the risk in the Goods passes to you upon collection of these Goods either from our Premises or the place of dispatch to you by yourself or any Carrier we engage to complete the delivery.
- We are not liable for any delay in delivery or damage to the Goods while they are with the Carrier. If you do not receive the Goods within the estimated delivery time (if provided), you must notify us. We may, at our absolute discretion, contact the Carrier on your behalf to obtain information as to the status of the delivery.
- Privacy
- You acknowledge that we may collect personal information directly from you when you use the Website, place and Order or contact us.
- Our Privacy Policy governs the collection, purpose and use of personal information from you by us generally. You acknowledge and agree that:
- You have been provided with access to our Privacy Policy;
- You have read and understood our Privacy Policy; and
- You agree to be bound by our Privacy Policy and agree to the consents provided within it.
- While we will take reasonable steps to protect any data transmission across our Website, we cannot guarantee the security of the information you transmit to us. Any information provided by you through our Website or any electronic communications to us is provided at your own risk, and you assume all responsibility and risks arising in relation to your use of this Website and electronic communications.
- If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use this Website only with involvement of a parent or guardian. We, or our affiliates, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel Orders at our sole discretion.
- Limitation of liability
- The Goods displayed on the Website may vary in description and we make no warranty as to the accuracy of the descriptions contained within the Website.
- You must inspect the Goods upon delivery or collection. If there are any defects or damage in the Goods, you must notify us within 7 days or you will be deemed to have accepted the Goods in the state they were delivered to you or collected from the Premises.
- Subject to clause 2, where you engage us to provide the Goods for your personal use, as a retail customer, you will obtain the benefit of the supplier or manufacturer’s warranty (if any) We will not be liable in any way for any loss or damage arising from:
- fair wear and tear;
- wilful damage;
- any failure to follow our instructions regarding the care and use of the Goods; or
- any alteration or repair of the Goods, other than by us.
- Where you engage us to provide the Goods for the purposes of a business, as a commercial customer:
- the Goods are both supplied and acquired in trade for the purposes of 43(2) of the Consumer Guarantees Act 1993. The parties contract out of the Consumer Guarantees Act 1993 to the fullest extent permitted by law; and
- it is fair and reasonable that you are bound by the exclusion in this clause.
- Except to the extent that the law prevents us from excluding liability, we will not be liable for any loss or damage or liability of any kind whether:
- suffered or incurred by you or another person; or
- in contract, or tort, including in negligence, or otherwise.
- To the extent we are liable for any loss suffered by you arising from breach of these Online Terms of Sale, the Contract or for any other reason, our liability is limited to the Price payable in respect of the Goods supplied.
- Disclaimer of Website Liability
- This Website is provided by us on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.
- You expressly agree that your use of the Website is at your sole risk. To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
- We do not warrant that this site, its servers, or e-mail sent from us are free of viruses or other harmful components.
- We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Force majeure
- We will not be liable for any delay or failure to deliver a Product if the cause of delay or failure is beyond our control.
- Default
- If:
- we believe you:
- have committed or will commit an act of bankruptcy;
- have had or are about to have a receiver or liquidator appointed; or
- are declared insolvent;
- you are otherwise in breach under this Contract;
- we believe you:
- If:
then, in addition to any remedies we have at law, we may do one or more of the following:
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- immediately terminate this Contract and Online Terms of Trade by written notice to you.
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- Notices
- Any notice may be delivered in person or sent by email to you or to any director, where you are a company.
- Costs
- You must pay our costs of the enforcement or attempted enforcement of our rights under these Online Terms of Sale or the Contract including all debt recovery costs and legal costs.
- Variations
- We reserve the right to update these Online Terms of Sale at any time, at our discretion, by publishing an updated version on our Website, and such amendments will be effective immediately. By continuing to use our Website, you agree to be bound by these amended Online Terms of Sale.
- Other Businesses
- Parties other than Dynamic Maintenance and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Dynamic Maintenance does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
- Intellectual Property and Licencing
- All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or that of our content suppliers and protected by international copyright laws. The compilation of all content on this site is our exclusive property and protected by international copyright laws. All software used on this site is our property or that of our software suppliers and protected by international copyright laws.
- We grant you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- The Website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours and our affiliates without express written consent.
- You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorised use terminates the permission or license granted by us.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray us, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark as part of the link without express written permission.
- Visitors to the Website may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation.
- You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
- You grant us and our affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and our affiliates for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assumes no liability for any content posted by you or any third party.
- Assignment
- You must not assign any of your rights, powers, or obligations under these Online Terms of Sale or the Contract without our prior written consent.
- Disputes
- If a dispute arises under this Contract, the parties will act in good faith to resolve the dispute.
- Any claim or dispute arising under this Contract or Online Terms of Sale will be determined by mediation if the parties are unable to resolve the dispute themselves within one calendar month of the dispute arising. Nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand court.