InStore Ltd Conditions of Sale

1.    Scope

These Conditions of Sale apply to all sales of goods and services by InStore Ltd ("InStore") to you, the buyer ("Buyer"). These Conditions prevail over any terms and conditions contained in any purchase order, confirmation, or other communication from the Buyer.

2.    Formation of Contract

A contract for the sale of goods and services ("Contract") is formed when InStore accepts your purchase order. InStore's acceptance may be communicated by issuing a written confirmation, invoice, or by fulfilling your order.

3.    Descriptions and Specifications

• Product descriptions and specifications provided by InStore are intended to be as accurate as possible. However, InStore reserves the right to make minor changes without prior notice to improve the product's functionality or safety.
• InStore does not warrant that the products are suitable for any particular purpose beyond their general intended use.
• The Buyer is solely responsible for ensuring the products are suitable for their intended use and complying with any relevant regulations.

4.    Price and Payment

• Prices quoted are in New Zealand dollars (NZD) and exclude GST, unless otherwise stated.
• Payment terms for credit accounts are as specified on the invoice, with payment due by the 20th of the month following the month of dispatch unless otherwise agreed in writing.
• Payment terms for cash sales are payment prior to dispatch or collection of goods.
• InStore Ltd reserves the right to charge a late payment fee of 10% per annum on the outstanding balance.

5.    Validity:

·         Our quotations are valid for acceptance for the stated period or, if no period is stated, within 30 days from the date of issue, and are subject to confirmation by InStore Ltd at the time of acceptance.

·         The quotation is not considered accepted until all information needed for ordering has been received.

6.    Delivery

• InStore will use reasonable efforts to deliver the goods within the timeframe specified in the order confirmation. However, InStore shall not be liable for any delay in delivery caused by circumstances beyond its reasonable control, such as fire, strike, war, or transport delays.
• Risk of loss or damage to the goods passes to the Buyer upon delivery.

7.    Returns and Cancellations

• InStore does not accept returns or cancellations for custom-made or specially ordered products.
• For standard products, InStore may, at its sole discretion, accept returns of unused and undamaged goods within 14 days of delivery, subject to a 15% restocking fee.
• The Buyer is responsible for the cost of returning the goods.

8.    Warranties and Guarantees

• InStore warrants that the goods will be free from defects in materials and workmanship for a period of 12 months from the date of delivery (unless otherwise stated in writing).
• This warranty is limited to the repair or replacement of defective parts, at InStore's sole discretion.
• This warranty does not cover defects caused by:
• Normal wear and tear
• Misuse or improper use
• Unauthorized repairs or modifications
• External factors such as power surges or extreme weather conditions
• InStore makes no other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.

9.    Limitation of Liability

• InStore's liability to the Buyer shall be limited to the value of the goods or services supplied.
• InStore shall not be liable for any indirect, consequential, incidental, special, or exemplary damages, including but not limited to, loss of profits, loss of use, or loss of data, even if InStore has been advised of the possibility of such damages.

·         InStore Ltd's responsibility is limited to replacing defective parts, regardless of whether the work is done on-site or at their premises.

·         Equipment may be repaired under guarantee either on-site or at InStore Ltd's premises, provided the buyer returns the equipment freight paid. InStore Ltd reserves the right to insist on the goods being returned to our premises for repair.

·         If InStore Ltd determines the fault is not due to faulty workmanship or materials, any associated costs will be added to the contract price and charged accordingly.

 

10.           Disclaimer of Advice and Buyer Responsibility:

·         General Advice: Any advice or recommendations provided by InStore Ltd. ("InStore") regarding the Goods (as defined elsewhere in this agreement) are for general informational purposes only and do not constitute specific technical advice.

·         Buyer Responsibility: The Buyer (as defined elsewhere in this agreement) is solely responsible for ensuring that the Goods purchased hereunder are:

o   Fit for their intended use in the Buyer's specific application; and

o   In compliance with all applicable statutory and regulatory requirements for their use and integration, including any required testing and validation procedures.

 

11.           Fair Trading Act

These Conditions of Sale are intended to comply with the Fair Trading Act 2013 (NZ). Nothing in these Conditions shall limit any rights the Buyer may have under the Fair Trading Act or any other applicable legislation.

12.           Entire Agreement

These Conditions of Sale, together with the order confirmation and any other written agreements between InStore and the Buyer, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications, representations, or agreements.

13.           Governing Law and Jurisdiction

These Conditions of Sale and the Contract shall be governed by and construed in accordance with the laws of New Zealand. The parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.

14.           Amendment

InStore reserves the right to amend these Conditions of Sale at any time. The amended Conditions of Sale will apply to all orders placed after the amendment date.