Terms and conditions
LOOP TECHNOLOGIES LIMITED TERMS AND CONDITIONS FOR SUPPLY OF PRODUCTS AND SERVICES
The following terms and conditions (“Terms of Supply”) apply to credit facilities and all purchases of Products and Services from Loop Technologies Limited (“Loop Technologies”) its successor, including those made through Loop Technologies, and the website – shop.looptechnologies.com. “We” or “us” means Loop Technologies Limited.
1. General and Privacy
1.1 We will supply Products and Services to you on the Terms of Supply unless we agree otherwise in writing. In relation to the purchase of Products or Services from the Site these terms of supply take precedence over any other agreement between you and us.
1.2 Products means any goods or other items that you have ordered or purchased from us via the Site. Services mean any repair Services or other Services that you order through the Site and that we provide to you in accordance with clause 2.6.
1.3 We may amend these Terms of Supply from time to time.
1.4 We are under no obligation to accept all or any of your orders.
1.5 The Loop Technologies Limited website at shop.looptechnologies.com (the “Site”) is a shopping website where you can browse, select and order Products and Services from us.
1.7 You agree to be bound by, and comply with, these terms and conditions.
1.8 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
2. Specific Online Purchasing Provisions
2.1 When you place an order with us through the Site you are making an offer to buy a particular Product or Service. We will send you an email to confirm we have received your order and accepted your order and details of the anticipated delivery date and point for the Product.
2.2 We reserve the right to refuse or cancel any orders if we believe an order has been placed fraudulently, the requested Product is not available, or if there is an error in the price or the Product description.
2.3 All prices listed on the Site are in New Zealand dollars and are exclusive of GST. We reserve the right to alter prices at any time for any reason but once an order is confirmed as accepted the price applying to the Product in that order will not alter.
2.4 Method of payment – You must pay us for the Products and Services purchased by credit card if you are not an account holder.
2.5 Deliveries will be made to the delivery point. We shall be entitled to assume that any person accepting delivery of the Products is authorised to do so on your behalf.
2.6 To order Services you need to complete the RMA Form located on the Site and submit the form to us. You should then forward the item requiring repair, by courier to us at the following address – Loop Technologies Limited, 35 Bryant Road, Te Rapa, Hamilton 3200, New Zealand.
2.7 You may pay the fees and charges for an accepted order using the following payment methods:
a. for Services via your account with us;
b. for Products or Services the following credit cards:
If your pre-approval repair cost is insufficient to complete the repair we will contact you by phone.
2.8 If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
2.9 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
2.10 You must not pay, or attempt to pay, for Products or Services through any fraudulent or unlawful means.
2.11 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
2.12 If we have previously agreed that you may obtain Products and Services from us using an account, then we will invoice you the fees and charges for the Products and Services you have ordered monthly. You must pay us the fees and charges (“the Contract Price”) in accordance with these terms and conditions. Termination
2.13 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
a. the breach cannot be remedied; or
b. you fail to remedy the breach within 10 days of our notice to you of that breach; or
c. if there is an emergency.
2.14 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
3.1 If you are an account holder:
a. You must pay to Loop Technologies the Contract Price and our other charges on the 20th of the month following the month of delivery of the Products or Services, without any set-off or deduction.
b. We may, however, require you to pay sooner, possibly before the Products are sent to you.
c. Any credit arrangement entered into will be governed by the Credit Contracts and Consumer Finance Act 2003 but will not constitute a consumer credit contract for the purposes of that Act.
4.1 We will remain the owner of the Products you purchase from us:
a. until all sums you owe us, for any reason, are paid in full; and
b. even if you incorporate the Products with other goods.
4.2 We can always enter premises where the Products are located (or we believe them to be located) and take possession of and/or remove them while we remain the owner (regardless of s109 of the Personal Property Securities Act 1999 (“PPSA”).
4.3 If you wish to resell any Products before you become the owner, you may do so only if the sale is genuine and made in the ordinary course of your business. You must then promptly account to us for the proceeds of the sale, and hold the proceeds in trust for us until you do so.
4.4 You acknowledge that these Terms of Supply create a security interest as defined in the PPSA in favour of us in any Products and any proceeds from, and existing or future rights in relation to, such Products and that we may at any time register a financing statement on the Personal Property Securities Register to protect our security interest in the Products.
4.5 You will not permit any third party security interest to subsist in relation to the Products.
4.6 You will not change your name or other details without first notifying Loop Technologies in writing at least 14 days before such change takes effect.
4.7 While we retain ownership of Products in your possession or under your control, you must properly store and secure the Products, and insure the Products for their full replacement value until the Products are sold pursuant to subclause (c) above or consumed in the ordinary course of your business.
4.8 Nothing in sections 114(1)(a), 117(1)(c), 120, 122, 133 or 134 of the PPSA applies. Your rights in sections 116, 119, 120(2), 121, 125 to 127, 129, 131 and 132 of the PPSA do not apply unless we are the purchaser. You waive your right under the PPSA to receive a copy of any verification statement
5. Overdue Payments
5.1 You must immediately pay all costs (including legal costs on a solicitor-client basis) incurred in collecting or attempting to collect your overdue payments.
6. Our Rights
6.1 If a default event occurs then:
a. we will be entitled to cancel all or part of your orders which have not been delivered in full; and
b. all amounts you owe us whether due for payment or not, will be immediately due and payable; and
c. we may reclaim any Products in your possession or control and dispose of them for our own benefit as we think fit.
6.2 For the purposes of this clause a “default event” occurs if:
a. a payment due from you to us is overdue; or
b. in our opinion you are unlikely to be able to immediately pay your debts to us; or
c. you exceed the credit limit that we allow you.
7. Delivery, Handling, Packaging and Insurance Charges
7.1 You must pay all delivery and insurance charges (if any) related to your order.
7.2 Loop Technologies may, at your request, arrange delivery by other means or at other times but we will charge you for any additional costs we incur.
8.1 Risk in the Products will pass to you on delivery even though we may remain the owner of them.
9.1 We warrant that the Products supplied are free from manufacturing defects for a period of three months from the date of delivery.
9.2 We warrant that the Services performed will be free from any defect in workmanship or parts for a period of three months from the date of delivery of the repaired item.
9.3 Under no circumstances will we be liable for any damage or loss arising from fair wear and tear, abnormal use, failure to follow the manufacturer’s instructions or unauthorised alteration or repair of Products.
9.4 All other guarantees, warranties and representations in relation to the Products and Services or their supply (including those contained in the Sale of Goods Act 1908) are excluded except to the extent that we cannot lawfully exclude them.
9.5 Products advertised by reference to pictures might not be identical to the picture when sold.
10. Return Policy
10.1 We will accept the return of Products provided they are returned undamaged in their original packaging within 14 days of the date of delivery. Returned Products will receive a credit less a 20% restocking fee. All freight and other costs of delivery of returned Products are to be met by you.
11. Consumer Guarantees Act 1993
11.1 When you purchase Products or Services from us for business purposes then the guarantees and rights expressed or implied in the Consumer Guarantees Act 1993 in your favour do not apply to those Products or Services.
12. Limitation of Liability
12.1 We will not be liable for any indirect or consequential loss incurred by you as the result of any act or omission by us or any error, omission or representation in any information on the Site.
12.2 We will not be liable to you:
a. for failure to deliver by a specified date; or
b. for loss caused by anything which is beyond our reasonable control.
12.3 Our liability to you (whether in relation to contract, tort (including negligence), strict liability or by virtue of a breach of any statutory duty or otherwise) is otherwise limited to the value of the Products and/or Services supplied by us and associated with your claim.
12.4 We may, at our option and as appropriate, either:
a. replace defective Products; or
b. reperform defective Services; or
c. pay you the price you paid us for the Products and/or Services.
12.5 We will not however accept responsibility for any defective Products and/or Services unless:
a. you notify us of the defect within three months of your receiving the Products; and
b. you will allow us to fully investigate your claim and you will, if requested, return a sample of the Products to us for inspection (at our cost).
This clause 12 will not apply to the extent that the law prohibits us from limiting our liability.
13. Order Cancellation
13.1 Loop Technologies will not accept cancellation of an order unless:
a. the Products are part of our normally held stock and Loop Technologies receives written notice of cancellation before the Products are loaded for delivery; or
b. if the Products do not form part of our normally held stock, Loop Technologies receives written notice of cancellation before it orders the Products itself;
from a third party, including from its principals if it is acting as agent.
14.1 If we delay or do not exercise any of our rights or remedies under these Terms of Supply or otherwise at law, that will not be a waiver of the right or remedy.
14.2 Any waiver or consent we give you must be in writing and will be effective only in the specific instance and for the specific purpose for which it is given.
15.1 If part of these Terms of Supply is deemed to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.
16. Governing Law
16.1 The Terms of Supply will be governed by New Zealand law and you agree to submit to the nonexclusive jurisdiction of the New Zealand Courts.
16.2 The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. Dispute Resolution
17.1 If a dispute arises between you and Loop Technologies (“disputing parties”):
a. the disputing parties must first discuss the dispute and, in good faith, try and settle it; and
b. if the disputing parties cannot resolve the dispute, they must then refer it to mediation by a person appointed by LEADR (“the LEADR Association of Dispute Resolvers”) or its successor before taking any other action.
This clause will not apply to an application by either disputing party for urgent interlocutory relief.
18.1 We shall be entitled to cancel these Terms of Supply and all or part of your orders which have not been delivered in full, without prejudice to any rights which may have accrued up to the date of cancellation, if:
a. you being a body corporate go into liquidation, receivership or voluntary administration or being a person becomes bankrupt; and/or
b. we are refused a permit or permission to import the Products; and/or
c. you breach any term of these Terms of Supply or are in default of any of those terms and fail to remedy the breach or default within 7 days of receiving notice from us of the breach or default.
19. Electronic Acceptance
19.1 We consent to your acceptance and signature being received in electronic form.
19.2 Acceptance of our terms including any updated terms (by any method) does not release any prior personal guarantee or security granted.
19.3 By accepting our terms electronically you warrant that you have authority to accept the terms on behalf of all the account holders to whom you have given online access and accept the terms both in your personal capacity and as duly authorised agent for all the entities to whom you have given online access.