STANDARD TERMS AND CONDITIONS OF SALE
1. General
These Terms and Conditions of Sale ("Terms") apply to all goods and services provided by Plazmax Ltd. ("Company") to any customer ("Customer"). These Terms are binding upon the Customer upon the Company's acceptance of an order.
2. Orders
All orders are subject to acceptance by the Company. The Company reserves the right to reject any order for any reason, including but not limited to availability and pricing errors.
3. Pricing and Payment
Payment for goods and services is required in full prior to shipment or execution, unless the Customer has a credit-approved account with the Company. For Customers with credit-approved accounts, the payment terms assigned to the account apply. Prices do not include GST or other applicable taxes. The Company reserves the right to adjust prices or correct errors at any time.
4. Delivery
Delivery times quoted are estimates only. The Company is not liable for delays. Risk of loss passes to the Customer upon delivery to the carrier.
5. Warranty
The Company warrants that the goods are free from defects in material and workmanship under normal use for a period of twelve (12) months from the delivery date. This warranty excludes damage from misuse, accidents, or unauthorized repairs.
6. Returns and Refunds
Returns require prior written approval from the Company. Custom or special orders are non-returnable. Refunds or credits for returns are at the Company's discretion and if approved, a 10% restocking fee will apply.
7. Limitation of Liability
The Company's liability for any claim related to these Terms is limited to the invoice amount paid for the goods or services. The Company is not liable for consequential, indirect, or punitive damages.
8. Intellectual Property
All intellectual property rights associated with the goods remain with the Company. The Customer receives a non-exclusive license to use the goods in accordance with these Terms.
9. Force Majeure
The Company is not liable for delays or failures to perform its obligations due to circumstances beyond its reasonable control.
10. Governing Law
These Terms are governed by the laws of New Zealand.
11. Dispute Resolution
Disputes arising under these Terms will first be attempted to be resolved through mediation in New Zealand, followed by binding arbitration if necessary.
Specific Provisions for New Zealand Customers
Currency: Transactions with New Zealand Customers are in New Zealand Dollars (NZD) unless stated otherwise
Local Taxes: Prices include Goods and Services Tax (GST) unless otherwise stated.
Compliance: Customers are responsible for compliance with all local laws and regulations applicable to the purchase, installation, and use of the goods.
Specific Provisions for Australian Customers
Currency: Transactions with Australian Customers are always invoiced in Australian Dollars (AUD), unless specifically stated otherwise.
Taxes and Duties: Prices do include Australian GST however, duties, or other import costs are the responsibility of the Customer upon import into Australia.
Delivery: The Customer is responsible for all costs related to shipping to Australia, including but not limited to customs clearance, import duties, and taxes.
Dispute Resolution: For Customers in Australia, disputes may be submitted to mediation in New Zealand, but recognition of the arbitration outcome will consider the applicability of Australian consumer law.
12. Miscellaneous
These Terms constitute the entire agreement between the Company and the Customer. No amendment will be effective unless in writing and signed by both parties.