Definitions “ML” Metallink Ltd, It’s successors and assigns or any person acting on behalf of and with the authority of Metallink Ltd
“Client” means the person/s hiring the Goods (and/or purchasing the Goods) ML specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
“Goods” means all Goods supplied either by sale or by hire to the Client by ML at the Client’s request from time to time, and: Capitalised terms used are defined in these terms and conditions. In these terms:
Contact Hours means. 10am to 5pm Monday to Friday.
Delivery Address means the address specified by you during the customer registration process for the delivery of Products that we will supply to you under these terms and conditions.
GST has the meaning it has in the Goods and Services Tax Act 1985.
Login ID means the email address that you provided to us as part of the registration process to use the Site.
Product or Products means each good or goods that are advertised on the Site.
Includes any erection and/or dismantle of the Goods (“Services”), any par ML, accessories and/or consumables supplied by ML to the Client, either separately or deposited incidentally by ML in the course of it conducting, or supplying to the Client, the Goods; and
Where the context so permIt’s the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other.
“Minimum Hire Period” means the Goods shall be hired for a term of not less than one (1) week (or unless specified otherwise on the invoices, quotation, authority to hire, or any other forms ML provided by ML to the Client).
“Price” means the Price payable for the hire or purchase of the Goods ML agreed between ML and the Client in accordance with clause 4 below.
1.2Your access to and use of the Site, including your order of Products through the Site, is governed by these terms and conditions.
You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.
3 Placing an order
Placing an order for Purchase Products
You may order Products by selecting and submitting your order through the Site in accordance with these terms and conditions.
Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes. There is no delivery cost in case of pick up) at the time you place the order.
We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site.
You agree to provide us with current, complete and accurate details when asked to do so by the Site.
Where this is a hire agreement:
The Goods are, and will at all times remain, the absolute property of ML, however the Client accept ML full responsibility for:
The safekeeping of the Goods and indemnifies ML for all loss, theft, or damage to the Goods howsoever caused and without limiting the generality of the foregoing whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Client; and
Shall keep ML indemnified against all liability in respect of all actions, proceedings, claims, damages, cos ML and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Goods during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons. accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Goods. Further the Client will not use the Goods nor permit them to be used in such a manner ML would permit an insurer to decline any claim;
The Client will insure, or self-insure, ML interest in the Goods against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Goods. Further the Client will not use the Goods nor permit them to be used in such a manner ML would permit an insurer to decline any claim;
Where is this an agreement for the purchase of the Goods:
ML and the Client agree that ownership of the Goods shall not pass until:
The Client has paid ML all amount ML owing to ML; and
The Client has met all of its other obligations to ML.
it is further agreed that, until ownership of the Goods passes to the Client in accordance with sub-clause (a):
The Client is only a bailee of the Goods and must return the Goods to ML on request.
The Client holds the benefit of the Client’s insurance of the Goods on trust for ML and must pay to ML the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
The Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or par ML with possession of the Goods then the Client must hold the proceeds of any such act on trust for ML and must pay or deliver the proceeds to ML on demand.
The Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of ML and must sell, dispose of or return the resulting product to ML it so direct ML. (v) ML may recover possession of any Goods in transit whether or not delivery has occurred.
ML may recover possession of any Goods in transit whether or not delivery has occurred.
The Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of ML.
ML may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.
If the Client fails to return the Goods to ML, then ML or ML’ agent may ( ML the invitee of the Client) enter upon and into land and premises owned, occupied or used by the Client, or any premises where the Goods is situated and take possession of the Goods, without being responsible for any damage thereby caused.
4 Acceptance or rejection of an order
In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site.
Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will:
(a) Supply the Products in that order to you in accordance with these terms and conditions; and
(b) Provide you with an email confirmation of that order.
If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
5 Back orders
If we determine that we do not have a particular Product in your order in stock, then we will use reasonable endeavours for 30 days to order the relevant Product (“Back Ordered Products”). In this instance, we will notify you of the relevant Back Ordered Products and the anticipated delivery date.
Our Back Order Policy is incorporated into these terms and conditions. You can view our Back Order Policy here.
Delivery of the Goods (“Delivery”) is taken to occur at the time that:
The Services are provided by ML at ML premises; or
ML (or ML nominated carrier) delivers the Goods (or provides Services) to the Client’s nominated address, even if the Client is not present at the address.
At ML sole discretion, the cost of Delivery is in addition to the Price.
The Client must take Delivery, by receipt or collection of the Goods, whenever they are tendered for Delivery. In the event that the Client is unable to take Delivery ML arranged then ML shall be entitled to charge a reasonable fee for redelivery and/or storage.
Any time specified by ML for Delivery is an estimate only and ML will not be liable for any loss or damage incurred by the Client ML a result of Delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be supplied at the time and place ML w ML arranged between both parties. In the event that ML is unable to supply the Goods (including any installation and/or removal thereof) ML agreed solely due to any action or inaction of the Client then ML shall be entitled to charge a reasonable fee (to cover mileage and lost time hours) for re-supplying the Goods at a later time and date.
The Client shall ensure that ML h ML clear and free access to the nominated address at all times to enable them to make Delivery. ML shall not be liable for any loss or damage to the property (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas), unless due to the negligence of ML.
The Client shall ensure that ML h ML clear and free access to the nominated address at all times to enable them to make Delivery. ML shall not be liable for any loss or damage to the property (including, without limitation, damage to pathways, driveways and concrete or paved or grassed areas), unless due to the negligence of ML.
7 Risk and title
Risk and title to the Products passes to you on the date and time of delivery to the Delivery Address.
8 Cancelling an order
We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) The Products in that order are not available; or
(b) There is an error in the price or the product description posted on the Site for the Product in that order; or
(c) That we reasonably believe your order has been placed in breach of these terms and conditions.
If we do so, then we will endeavour to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.
8.2 You may cancel an order (whether it is accepted by us or not) by contacting ML during Contact Hours at any time prior to the dispatch of that order. Once the order has been dispatched for delivery to you, then you may return the relevant Products in accordance with these terms and conditions.
9 Fees and charges
We will charge you, and you agree to pay, the purchase price of each Product that is ordered, the delivery fee for your order that we notify to you when you place your order (“Shipping Cost”) and any other fees and charges set out in these terms and conditions.
All fees and charges identified in these terms and conditions and all prices for the Products include GST where applicable.
The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our stores for the same Product and we are not obliged to match any prices.
Just like in our stores, prices for Products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the Products in that order.
If you cancel an order then:
(a) Subject to (b), we will refund any amounts paid by you for that cancelled order;
(b) We will not refund the Delivery Fees where the Products in your cancelled order have been dispatched for delivery.
10 Payment methods
You may pay the fees and charges for an accepted order using the following payment methods:
(a) The following credit cards:
(b) Direct deposit as set out below.
If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.
If you have chosen to use direct deposit to pay the fees and charges for the order that has been accepted by us, details of our account details will be provided in our checkout process regarding where and how the fees and charges need to be deposited.
Once you have deposited the amount for the fees and charges for your order, then you will then need to contact ML to complete the payment process. We ask that you provide us with the details of the order, the date deposited, the amount deposited, the customer number and the email address of your account to enable us to apply the direct deposit to your order that we accept. If you wish to use this payment method, you must allow at least 48 hours for confirmation of your payment. If you do not deposit the relevant amount for your order into our nominated account within 5 business days of the date of the order, then we cancel the order or agree other arrangements. We may however, need to cancel your order if we cannot agree other arrangements.
If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
You must not pay, or attempt to pay, for Products through any fraudulent or unlawful means.
We will provide you with a receipt at time of delivery which specifies the total fees and charges for the Products in the order.
11 Damaged Products and returns
You must check any Product delivered to you to determine if it is damaged. If a Product is damaged on delivery, then you should refuse to take receipt of that Product and notify ML. If you notice damage to a Product after delivery, you should notify us within 7days of delivery.
If you wish to return a Product that is not damaged and that was provided to you under these terms and conditions, then you may return that Product in accordance with our Refund Policy.
Our Refund Policy is incorporated into these terms and conditions. You can view our Refund Policy here. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.
We will not refund the Delivery Fee where the Products have been delivered to you, unless you are returning the Product because it was damaged.
Subject to clause 14.we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a Product for any purpose.
Subject to clause 14, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):
(a) In the case of services: the resupply of the services; or the payment of the cost of resupply; and
(b) In the case of goods: the replacement of the goods, the supply of equivalent goods, the repair of the goods; the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.
Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
5Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.
13.1 We may immediately suspend, terminate or limit your access to and use of the Site and (where relevant) your account if you breach these terms and conditions and:
(a) The breach cannot be remedied; or
(b) You fail to the remedy the breach within 10 days of our notice to you of that breach; or
(c) If there is an emergency.
13.2 We may stop making the Site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the Products that have been ordered are no longer available or we are prevented from supplying the Products, in which case, we will notify you and will refund to you all valid payments received by us for those Products.
14 Changes to these terms and conditions
For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.
We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you placed your order.
We will collect your personal information through your use of the Site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:
(a) for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
(b) with, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
(c) for other purposes to which you consent to (either express or inferred consent).
You may access your personal information, by logging into your registered account or by contacting us.
If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.