Terms & conditions

The following terms shall be incorporated into every contract between Online Heatpumps and the Customer for the supply by Online Heatpumps of Goods unless specifically excluded in writing and annexed hereto. No variation of these terms will be binding upon Online Heatpumps unless made in writing.
Definitions

“Customer” means the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing Goods from Online Heatpumps.
“Goods” means all products the Customer orders from Online Heatpumps from the Website.
“Online Heatpumps” means Degree Limited trading as Online Heatpumps.
“Purchase Price” means the price as advertised on the Website for the Goods at the time an order for Goods is placed, and will be inclusive of Goods and Services Tax.
“Website” means www.onlineheatpumps.co.nz.

The Customer authorises Online Heatpumps to collect, retain and use any information about the Customer, or for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods provided by Online Heatpumps to any other party.
The Customer authorises Online Heatpumps to disclose any information obtained to any person for the purposes set out in clause 3.1.
Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
Where the Customer is a company and a director has signed on behalf of the company, that director hereby authorizes Online Heatpumps for the purposes of the Privacy Act 1993, to undertake credit checks of the director for the purposes of enforcing any rights under this contract.

Payment of the Purchase Price is to be made in full (without set off or deduction) at the time of order and prior to delivery of the Goods.
Receipt of any cheque or other bill of exchange shall not comprise payment or the same as being honoured or cleared.

The Customer may not return or refuse delivery of any Goods purchased from Online Heatpumps unless agreed to in writing by Online Heatpumps, or else as otherwise permitted by law.

Title in the Goods passes to the Customer when the Customer has made payment for all Goods supplied by Online Heatpumps.
Online Heatpumps assures all Goods are of merchantable quality and free from defect. If Goods are found to be defective Online Heatpumps at its option may replace or repair and return free from defect.
Under no circumstances may Goods be returned other than as defective and authority for return will not be given for the following – shop soiled, where the Goods have been used or where the client has damaged them.

Online Heatpumps’s liability under this clause or any contract collateral hereto is limited to replacing (or at the election of Online Heatpumps repairing) any defective Goods to the entire exclusion of any other remedy which, but for this clause, the Customer might have and Online Heatpumps shall be under no liability for any damage, injury direct or consequential or other loss, or loss of profits or costs, charges and expenses on the part of the Customer, or any other person other than to repair or replace as mentioned above. Online Heatpumps shall not be liable to the Customer if for any reason beyond Online Heatpumps’s control it is not able to deliver or supply any of the Goods.

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods from Online Heatpumps for the purposes of a business in terms of section 2 and 43 of that Act.

Online Heatpumps does not provide any warranty that the Goods are fit and suitable for the purpose of which they are required by the Customer and shall not be liable if they are not.
Notwithstanding the above Online Heatpumps will pass on to the Customer any third party warranties such as those of the manufacturer at the time title passes to the Customer.
Any warranty may be voided by: unreasonable use, damage or misuse of any Goods; negligent installation, operation, repair, cleaning or maintenance; modifications or the use of parts, hardware, software or consumables not supplied by Online Heatpumps.

Online Heatpumps will not be liable for any damage or fault resulting from the installation or maintenance (or lack thereof), carried out by the Customer or any other party.
The Customer acknowledges that Online Heatpumps recommends that the Customer have any Goods supplied by Online Heatpumps professionally installed and maintained to the manufacturer’s specifications.

11.1. The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of Online Heatpumps
11.2. Online Heatpumps shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control
11.3. Failure by Online Heatpumps to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of the rights or obligations Online Heatpumps has under this contract.
11.4. The law of New Zealand shall apply to this contract except to the extent expressly negatived or varied by the contract.
11.5. Where the terms of this contract are at variance with order or instruction from the Customer this contract shall prevail.
11.6. If any provision of this contract shall be invalid void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.