Terms of use and conditions of sale

Last revision 23/08/14

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS SITE OR PURCHASE FROM TRIG INSTRUMENTS
By using this site, or purchasing from Trig Instrumens you agree to be legally bound by these terms and conditions current at the time of your use. You should periodically review this page as we reserve the right to make changes to it from time to time without prior notice.

Wording
In this document Trig Instruments will be referred to as the “seller”, customers and users of this site will be referred to as the “buyer” and these Terms and Conditions of trade will be referred to as the “agreement”. The word "Content" as used in this agreement means any and all information, data, software, content, materials, documents, text, photographs, video, sounds, music, illustrations, graphics, logos, functions, processes and the like that are available on, in or through this Site.

Disclaimers and Limitation of Damages
All content on this site is provided on an "as is", "as available" basis without any warranty whatsoever.

Unless otherwise stated, all prices on this web site are exclusive of GST and freight. While every effort has been made to ensure that prices and specifications on this site are correct, errors can occur and the seller will not be held liable for any price or information posted on this web site in error.

The seller does not warrant that the content and operation of this site will be uninterrupted or error free, that defects will be corrected or that this site, its content or any server used to operate this site are free from viruses or other harmful components.

To the maximum extent permitted by applicable law, in no event shall the seller, its parent, subsidiary and affiliate companies, be liable for any damages (whether direct, indirect, punitive, incidental, special, consequential or otherwise, or whether resulting from tort, contract or other theories of law) in connection with, or in anyway arising out of, the use or inability to use this site, its content, even if the seller is advised of the possibility thereof.

If you become dissatisfied with this site, or the terms, conditions or policies governing this site, your sole remedy is to discontinue using this site.

Privacy
Trig Instrument is a division of Stevens Marketing Limited and has the highest respect for he buyers privacy and as such the seller will not pass the buyers information on to any third party, unless the buyer has requested the seller to do so, granted permission for the seller to do so or unless the seller is required to by law. This includes the buyers email address, purchase history, contact details, credit card details etc. Please note that the seller does not store or hold the buyers credit card information after an order has been processed.

Price Guarantee
Where possible the seller will match or better any price advertised in New Zealand for the same equipment. Where possible the seller will honour competitors specials, or standard quotes etc. on presentation of the quote in writing. This offer is made at the seller's sole discretion. The seller is not legally bound to match or better any particular price.

Disclaimer
All images on this web site are used for illustrative purposes only.

Site policies, modification, and severability
The seller reserves the right to make changes to this site, policies and this agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Any information which is stored off site by a user will not be updated should changes be made to the site. Therefore all information online should be considered to be the most up-to-date information and will replace any information or offer(s) which has been stored off site.

Warranty
In the event of any Claim under this agreement at the seller's discretion Goods may be repaired or replaced or the price refunded. These are the sole remedies available to the buyer for default by the seller under these terms. In any event, the seller's liability arising out of any claim or otherwise under this agreement will not exceed the price of the goods. No claim may be made against the seller for consequential damages or loss of profits. The only guarantees agreed to by the seller are those confirmed by the seller in writing.

In respect of any Goods supplied to a Buyer registered in New Zealand: where goods acquired by the buyer are for business purposes, the Consumer Guarantees act 1993 ("CG Act") does not apply. The buyer agrees to indemnify the seller against any liability or cost incurred by the seller under the CG Act as a result of any breach by the buyer of its obligations under the CG Act to any person. Nothing in this agreement is intended to have the effect of contracting out of the provisions of the CG Act except to the extent permitted under that Act.

Unless otherwise stated, all used, end of line and reconditioned equipment is sold in as-is condition, with a three month warranty. While every effort is made to keep parts and service available for used, end of line and reconditioned equipment, in some cases parts are not available or no longer manufactured. We make no guarantees as to the service life or repairable life of such equipment.

Cancellation of Orders
Orders may only be cancelled up until they have been dispatched by the seller. Some items brought in to special order and non stock items may incur a 10% restocking fee on cancellation of the order.

Refund Policy and the Consumer Guarantees Act
Under the Consumer Guarantees Act, the seller is not legally obliged to refund or exchange a product because the buyer has changed their mind or because the buyer ordered an incorrect product. However, if the Goods received are faulty the seller we will meet their obligations under the Consumer Guarantees Act to provide a remedy. Goods purchased for business or trade use are not covered under the Consumer Guarantees Act.

'Change of mind' returns will only be accepted only if the seller has approved the return before the item is sent back to the seller. If an item is returned for credit or exchange without our consent, the item will be returned to the buyer freight forward at the buyer's cost. Some items may not be eligible for return, due to discounted stock, or items brought in to order etc.

A refund is at the seller's sole discretion and will incur a 6% restocking fee on the original purchase price. The buyer will also incur the cost of freight both from the original delivery and for the return of the goods to the sellers warehouse.

Territory
With some products, the seller is restricted to sell within a designated sales territory. Should the seller receive an order for a product which they cannot supply to the buyer's location, the seller notify the buyer. All credit card details relating to that order will be destroyed.

Credit card payments
We may be unable to process credit card payments for equipment purchases over $3500 due to high credit card company commissions. This also applies to some promotions and specials. To discuss this please contact our sales team.

Ownership
Ownership of the goods purchased from the seller is retained by the seller until payment in full has been received for these goods and any other amounts payable pursuant to this contract or delivery.
Until ownership has passed to the purchaser, the purchaser shall segregate or store the goods in such a way that they can be clearly distinguished from other equipment owned by the buyer, and recognised as the property of the seller.

Overdue Accounts
Any account which is in arrears may at the sellers sole discretion have credit facilities suspended until the account is paid in full. Interest on overdue accounts is calculated at 3% per month from the due date. The seller reserves the right to use a debt recovery agent, including repossession agents, all costs associated with the use of debt recovery or legal action will be added to any outstanding amounts payable. Upon any default in any payment, either before or after any period of credit expires, upon the buyer becoming insolvent or having a receiver appointed or going in to liquidation, the seller (or an agent appointed by the seller) may enter upon the premises where the goods are kept and recover possession of the goods and resell the same. Should the seller have possession of any goods owned by the buyer at such time as the buyers account is unpaid or any form of payment has been dishonoured, the seller reserves the right to detain the buyers goods as security on the unpaid amounts. The seller may also at it's sole discretion use or dispose of the goods to recover the unpaid debt.

Spam and Scams
The seller has a zero tolerance policy for spam. The seller has no system for harvesting, purchasing, selling, leasing, storing or in any other way abusing your email address. When the buyer registers an account with the seller, they choose to subscribe or unsubscribe to receive newsletters. The seller may out of necessity need to send the buyer e-mails from time to time regarding their account or order status, this will override buyers newsletter subscription status.

The seller will NEVER under any circumstances email or contact you and request your private username or password. Any requests for this type of information should be treated as fraud and reported to the seller immediately.

Licence and site access
The seller grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the seller. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the seller. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the seller and the seller's affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising the seller's name or trademarks without the express written consent of the seller. Any unauthorised use terminates the permission or license granted by the seller. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of triginstruments.co.nz so long as the link does not portray the seller, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Trig Instruments logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The seller does sell products for children, but may sell childrens products to adults, who can purchase with a credit card. If you are under 18, you may use Trig Instruments only with involvement of a parent or guardian. The seller and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Reviews, comments, communications, and other content
Buyers may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information or content. The seller reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant the seller and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the seller and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the seller or its affiliates for all claims resulting from content you supply. The seller has the right but not the obligation to monitor and edit or remove any activity or content. The seller takes no responsibility and assumes no liability for any content posted by you or any third party.

Delivery
Once the seller has received the buyers order, the seller will endeavour to dispatch the order within the same business day unless a product is not available in that time frame. For goods that may take longer than three business days to dispatch, the seller will endeavour to contact the buyer and advise of the expected dispatch date.

The seller reserves the right to dispatch the order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contract as to any instalments already delivered. The buyer may cancel any undelivered instalments up until the instalment is dispatched.

Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation and the seller will not be liable for any loss, expense, or other damage caused by any delay in delivery.

The buyer may specify delivery instructions for an order (for example, the buyer may authorise the delivery agent to leave the products in a specified location if the buyer will not be at the delivery address). The seller will not be responsible for any order that is delivered in accordance with the buyers delivery instructions.

New Zealand law requires all international packages to have attached customs documentation, which describes the goods being sent and their cost.

Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. Where the buyer believes that there is a shortage in the quantity of products delivered, the buyer must notify the seller of any such claim within 7 days of delivery and must provide the seller with a reasonable opportunity to investigate that claim.

All orders delivered within New Zealand are insured against damage or loss during transit up to the value of NZ$1500. All orders delivered using the New Zealand Post International Air service are insured against loss or damage up to the value of NZ$250, and the buyer can optionally purchase additional insurance cover up to the value of NZ$1500. The seller will not accept any liability for loss or damage in transit that exceeds the value of the loss or damage insurance applying to that delivery.

Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

  1. Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received.
  2. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
  3. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
  4. No damage claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim on the carrier should be advised to the seller to assist where possible.

Abandoned goods
Should unpaid goods or servicing remain uncollected from us for 60 days, the item(s) will be considered abandoned and therefore the seller reserves the right to sell or use such goods for the purposes of recovering costs. Items that are paid for but uncollected will be kept for 6 months before being treated as abandoned. In the case of such items being sold, the seller has no responsibility to pass recovered money to the former owner of the goods. Should you be unable to collect or pay for goods or servicing, you must notify the seller in writing so that they can make arrangements with you to hold the goods until such time as you can collect and or pay for the goods or service.

Product descriptions
The seller and its affiliates attempt to be as accurate as possible. However, the seller does not warrant product descriptions, prices, specifications or features or other content of this site to be accurate, complete, reliable, current, or error-free.

Additional charges
In the unlikely event that the seller needs to recover outstanding costs from a non account customer and the seller still has the buyers credit card details available, the seller will notify the buyer with a date that they will charge that credit card, so that the buyer can make alternative payment arrangements, should the buyer not make such arrangements, the seller will charge the buyers credit card at the advised time.

Pricing
Despite the seller's best efforts, a small number of the items in our catalogue, web site or store may be incorrectly priced. If an item's correct price is higher than the sellers stated price, the seller may, at their sole discretion, either contact the buyer for instructions before shipping or cancel the buyer's order and notify of such cancellation.
The seller does not process payments made through the web site, until the time of dispatch. Should the cost of a product increase from the manufacturer, cost of import, cost of exchange rate fluctuation or cost change from an importer, the seller may, at their sole discretion, either contact the buyer for instructions before shipping or cancel the buyer's order and notify of such cancellation.

Rights in Content
Unless otherwise indicated in the Site, all Content is the property of, or licensed to, Trig Instruments and it's parent companies and subsidiary companies and is protected under New Zealand and foreign copyright, trademark and other intellectual property laws. Other than as stated in this agreement, use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppal, of a license or any other right to the Content.
Unless otherwise indicated in this Site, the seller grants you the limited right to display the content only on your computer screen, copy the content to the limited extent necessary for such display, and, on an occasional basis, to print and store the content for your personal, non-commercial use, provided that all copyright notices located on the content appear on the printed and stored versions. This limited right automatically terminates without notice to you if you breach this Agreement. The seller reserves all rights and title to all Content, including that which is copied, printed or displayed.

Notice and Procedure for Making Claims of Copyright Infringement or unauthorised use

All trademarks, product names, images, descriptions, company names, logos and text appearing on this web site are the property of their respective owners. If you believe that your work has been copied in a way that constitutes copyright infringement or unauthorised use, please provide the seller copyright agent the written information specified below:

  1. A physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the web site;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Send the above information to:

Copyright Agent
C/- Trig instruments
PO Box 27-204
Wellington
New Zealand

Applicable Law
By visiting triginstruments.co.nz, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern this agreement and any dispute of any sort that might arise between the buyer and the seller or its affiliates.