Legal
Terms & Conditions of Sale
Plazmax Ltd · Governed by the laws of New Zealand
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.
1. General
These Terms apply to all goods and services provided by the Company to any Customer and 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 dispatch, 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. Advertised prices are exclusive of GST; GST is calculated and added at checkout at the rate applicable to the delivery country (see the New Zealand and Australian provisions below). Prices do not include duties or other import costs unless stated. 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 unauthorised repairs.
6. Returns and Refunds
6.1 Orders placed directly with the Company
This clause applies to all orders other than those placed through the Plazmax online store, including quoted orders, account orders, special and custom orders, and cutting systems and other capital equipment.
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.
6.2 Online store orders
This clause applies to consumables and parts purchased through the Plazmax online store at shop.plazmax.co.nz.
The Customer may return an item within 30 days of delivery, provided it is unopened, unused, in its original packaging and in resaleable condition. The Customer must contact the Company before returning an item so that a return reference and return address can be issued.
The Customer arranges and pays for return freight. A tracked service is recommended, as the goods remain the Customer's responsibility until they reach the Company.
On receipt and inspection, the Company will refund the purchase price in full to the original payment method. No restocking fee applies to online store orders.
Consumables that have been opened, fitted or used cannot be returned under this clause.
6.3 Faulty or incorrectly supplied goods
If the Company supplies the wrong item, or an item is faulty, the Company will arrange and pay for the return and either replace the item or refund it in full. This clause does not limit the Customer's rights set out in clause 7.
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. Nothing in these Terms limits or excludes any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (New Zealand), or the Australian Consumer Law, where you purchase as a consumer.
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: Advertised prices are exclusive of GST. New Zealand Goods and Services Tax (GST) of 15% is added at checkout.
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: Advertised prices are exclusive of GST. Australian GST of 10% is added at checkout. Import duties or other import costs into Australia are the responsibility of the Customer.
Delivery: The Customer is responsible for all costs related to shipping to Australia, including but not limited to customs clearance, import duties, and taxes.
Returns: Goods are returned to the Company's New Zealand premises. Return freight from Australia, including any customs charges, is the responsibility of the Customer, except where clause 6.3 applies.
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.
Plazmax Ltd · PO Box 1217, Rotorua 3043, New Zealand · admin@plazmax.co.nz · +64 7 349 6821