a) “customer” means the person or organisation ordering product or services from Quality Life through the on-line ordering system and includes any agent of the person or organisation. If the customer is a Company, it is deemed to personally bind the shareholders. As the customer is entering into a contract of purchase they are deemed to have capacity to contract.
b) Quality Life is the trading name of the supplier providing the product or services, which may be a company.
c) “Product” means the scope of items advertised as being available on the web-site of Quality Life for purchase at the advertised purchase prices. Images have been provided for illustrative purposes only and there is no guarantee that any image will reproduce in the same colour. All prices advertised are in New Zealand dollars and are inclusive of GST.
d) “Services” means the provision of advice and expertise provided at the rates advertised on the web-site of Quality Life, or under such other contractual arrangements as may be recorded and agreed in writing between and customer and Quality Life.
e) “interest” means a rate of 20% per annum compounding daily
f) “force majeure” means any act, circumstance or omission caused by an event outside the control of the supplier, which makes it impossible for the supplier to deliver either at all or within advertised timeframes, eg. Manufacturing strikes, bad weather affecting transportation of product.
Terms and Conditions
Ordering, Payment and Delivery:
1. Ordering is made using the on-line ordering system and must include the name, address and contact phone details of the customer; the address to which product is to be delivered; and the credit card details for payment. For the purchase of product, payment is required at the time of order, in the manner set out under the on-line ordering system.
2. Quality Life reserves the right to reject an order if they are unable to fulfil it at the time of order or within their advertised delivery timeframes or to negotiate a variation of that delivery timeframe. An order is not considered placed until Quality Life provides acknowledgement within two working days of an order being submitted, that order has been received and is accepted. Once an order is submitted it cannot be cancelled by the customer, even if the acceptance or rejection of it is still pending.
3. Packaging and postage is an additional charge, calculated depending on the product, as set out in the advertised prices on the web-site.
4. For the purchase of services, Quality Life will provide a separate written estimate based on the agreed services, which shall be payable 50% prior to provision of those services and 50% at the completion of the contract to provide services.
5. Quality Life reserves the right to levy interest on any payments outstanding beyond the stated dates.
6. Quality Life retains title in either products or services ordered, until they are fully paid for and in the case of product, despatched for delivery
7. Risk of loss or damage and insurance liability in products ordered passes from Quality Life to the customer on despatch of the product for delivery.
8. Quality Life undertakes to arrange delivery within the timeframes advertised on the web-site, subject only to any force majeure event causing delay or delivery failure. In the event of a delivery failure Quality Life will arrange a refund of payment with two working days of notification to the customer of delivery failure.
Intellectual Property Rights
9. Quality Life retains branding rights in any product or services provided to customers.
10. The customer owns the product or service following full payment, but is not permitted under any circumstances, to reproduce any product or service provided by Quality Life.
11. In respect of a contract providing for the purchase of services, either party may terminate the purchase arrangement if the other breaches any terms of this Agreement and fails to remedy that breach within five working days of notification of breach or if any insolvency act of either party occurs.
12. The customer remains responsible for payment under the project for any work completed up to the date of termination.
13. In respect of faulty product, the customer must notify Quality Life as soon as reasonably practical on receipt of the product, arrange for return of the product and Quality Life will then either replace returned product with fully operational product of the same kind, or, if Quality Life is unable to replace the product, they will reimburse payment within two working days of receiving the returned faulty product. Faulty product does not include product that has clearly been damaged by the customer’s use of the product in a manner inconsistent with its intended use.
14. These terms of trade are subject to change at any time with the amendments being deemed effective on being published on Quality Life’s web-site.
15. Any notices required pursuant to this Agreement will be sent by Quality Life to the customer’s notified address of the customer and an electronic means of sending such notices will be deemed sufficient and received by the customer at the time it is sent by Quality Life.
16. Any failure by Quality Life to enforce any specific provision of this Agreement at any particular time, or any waiver by Quality Life of any specific provision at any particular time shall not be deemed a waiver of release of any other obligation on the customer under this Agreement or of Quality Life’s rights to enforce any other obligation on the Client.
17. This Agreement shall be governed by New Zealand law and in particular the provisions of the Consumer Guarantees Act 1993.
18. In the event of a dispute arising under this Agreement, the parties shall first negotiate in good faith to attempt to resolve it between themselves. Should it not be resolved within 5 working days of the dispute arising, then either party shall be entitled to exercise their cancellation rights and pursue any remedies available at common law.
19. To the full extent permitted by law, the liability of Quality Life for breach of an implied warranty is limited to the supply of the product and/or services or payment of the costs of having that product or those services supplied again.