1 Acceptance of Terms
2 Status of Relationship
2.1 Nothing on our site or in this agreement constitutes an offer or shall establish any partnership or joint venture between any of the parties, constitute a party the agent of the other party or authorise a party to make or enter into any commitments for the other party, except as expressly authorised by you or us (as the case may be).
3 Accessing our Site
3.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. We will not be liable if for any reason our site is unavailable at any time or for any period. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
3.2 If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password at any time, if in our opinion you have failed to comply with any of the provisions of this agreement.
4 Intellectual Property Rights
4.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it, unless otherwise stated. Those works are protected by copyright laws and treaties around the world. All rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. But you must not use any part of the materials on our site for commercial purposes without our consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
4.3 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
5 Liability and Reliance on Information
5.1 Material posted to this website is intended to provide general information on Sopers Macindoe & Banks LP ("Sopersmac"). It is for informational purposes only and is not intended to amount to representations or advice on which reliance can be placed.
5.2 Although efforts are made to ensure material on our site is current, complete and accurate, to the extent permitted by law:
(a) content is provided without any guarantees, conditions or warranties, express or implied; and
(b) we will not be liable for any loss or damage of any kind arising out of, or in connection with, the use of our site by you, including reliance on any information on our site by any visitor to our site, or by anyone who may be informed of any of its contents.
6.1 We will not be liable for any loss or damage caused by any technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website it links to.
7.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only and are not necessarily checked, approved or endorsed by us. We have no control over, and we are not responsible for, the availability of the links, the contents of those sites or resources, or their compliance with law, and we accept no responsibility or liability for them or for any loss or damage that may arise from your use of them.
7.2 You may link to our home page on a website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.
7.3 We reserve the right to withdraw linking permission without notice.
8 Acceptable Use
8.1 You may, in accordance with this agreement:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser; and
(c) print pages from our website,
and you must not use our website for any other purposes.
8.2 Except as expressly permitted by Section 9.1 or the other provisions of this agreement, you must not download any material from our website or save any such material to your computer and you acquire no rights in or to Sopersmac or our intellectual property rights.
8.3 Unless you own or control the relevant rights in the material, you must not:
(a) except as expressly permitted by this agreement, edit or otherwise modify any material (including Sopersmac Material) on our website;
(b) republish material from our website (including republication on another website);
(c) sell, rent or sub-license material from our website;
(d) show any material from our website in public;
(e) reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
(f) redistribute material from our website.
8.4 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
8.5 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; or
(e) access or otherwise interact with our website using any robot, spider or other automated means.
8.6 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.
9.2 We have structured our site so that, in general, you can visit our site without identifying yourself or revealing any personal information. You do not have to provide personal information to access our site, but if you do not provide certain personal information, then you may not be able to access some of the areas and facilities of our site and we may not be able to carry out your instructions.
9.3 The personal information we collect may include information about people who are employees, directors or principals of yours. We ask you to help us to make sure that these people are aware that our arrangements with you may involve collection of personal information about them.
9.4 We will also ensure that we comply with applicable laws regarding unsolicited electronic messages, including by including accurate sender information and a functional unsubscribe facility. If you provide us with your personal information, you consent to receiving information from us to promote and market our products and services, or the products and services of others.
10 Electronic mail
10.1 E-mail and electronic transmission of confidential or privileged documents or advice is a convenient method of delivery. However, internet mail is not secure and any communications or documents transmitted may be interfered with, contain computer viruses or other defects and may not be successfully replicated on other systems. We will not be liable for any copying, recording, reading or interference by others during or after a transmission, for any delay or non-delivery or for any damage caused in connection with a transmission.
10.2 If you have any doubts about the authenticity of any communications or documents purportedly sent by us, please contact us immediately.
11 Terms of Trade for Online Purchases
If you purchase any of our products online at our site, the following provisions will apply to each such transaction:
11.1 Online Purchasing:
(a) By placing an order through our website, you make an offer to buy particular goods. We will send an email to confirm your order is received and accepted, together with details of the anticipated delivery date and delivery point for the goods.
(b) We reserve the right to refuse or cancel any orders if we believe an order has been placed fraudulently, if the requested goods are not available, or if there is an error in the price or the description of the goods.
(c) All prices listed on our site are in New Zealand dollars and exclude tax. We reserve the right to alter prices at any time for any reason but once an order is confirmed as accepted the price applying to the goods in that order will not alter.
(d) You must pay for the goods ordered by an approved credit card. If we are unable to successfully process your credit card payment for an order that is accepted, then the order may be cancelled. You authorise us to debit the amount that is payable for an accepted order from your nominated credit card.
(e) Deliveries will be made to the address you specified when ordering. We shall be entitled to assume that any person accepting delivery of the goods is authorised to do so on your behalf.
(f) We may immediately suspend, terminate or limit access to and use of the website if these terms and conditions are breached and:
(i) the breach cannot be remedied; or
(ii) you fail to remedy the breach within ten days of notice of that breach.
(g) We may stop making the website (or any part of it) available without prior notice. If so, any orders that have been accepted will not be affected, unless the goods that have been ordered are no longer available or we are prevented from supplying the goods, in which case all valid payments received for those goods will be refunded.
(h) The purchaser shall carry the full risk of the goods from the date the purchaser takes possession of the goods.
(a) Specially procured or custom-made non-standard goods that are not stocked by Sopersmac are non-returnable.
(b) Goods being returned for credit must be accompanied by goods returns number obtained from us. All returned goods must be received within 14 days from the date of invoice.
(c) Any goods returned without a goods return number will be returned to you at your expense.
(d) Credits will only be passed for returned stocked goods after a full inspection is carried out by us.
(e) Any goods returned that are in a damaged condition or has damaged packaging or is missing components will not be credited and will be returned to you at your expense.
(f) All goods credited are subject to a re-stocking fee no less than 20%.
(a) Where you acquire the goods or services for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 are excluded. Unless otherwise stated, the only warranty applicable to the supply of goods and/or services hereunder is as per the written warranty handed over on delivery of the goods.
(b) Claims in respect of defective goods must be notified within 7 days of receipt of goods and defective goods must be returned within 14 days following delivery. You shall have no claim with regard to goods which have already been processed, redelivered, altered or in any way utilized by you. No claim shall entitle you to withhold payment of any sum due to us under this or any others contract which we may have with you, nor shall a claim give any right to set off any payment due by you to us.
(c) You agree and acknowledge that we assume no liability for any direct or consequential loss or damage (including loss of profits) or any property damage or personal injury claim whether incurred or made by you or a third party, whether due to defective goods or a breach of the terms of this contract (including that arising from the negligence or otherwise of us, our servants or agents).
11.5 Amendment: We reserve the right to change these Terms of Trade from time to time by posting an updated or new version of the Terms of Trade on our site (or customer intranet etc, as appropriate). By continuing to order product from us after such publication of the updated or new Terms of Trade, you are deemed to have accepted the updated or new version of the Terms of Trade.
11.6 Limitation Period: You must make any claim whatsoever within six months of the date of delivery of the goods or services. You hereby waive the right to make any claim whatsoever against us after that date.
11.7 Force Majeure: A party is not liable for any failure or delay in performing and obligation under this agreement (or any collateral arrangements) if it is due to a course reasonably beyond the control of that party and that party has used its best endeavours to perform on time despite the course. Without limiting this clause, such an event shall include our inability to supply the ordered product or service due to unavailability.
12.1 This agreement is governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. We reserve the right to bring proceedings against you for breach of this agreement in your country of residence or any other relevant country.
14 Contact Details
14.1 This website is owned and operated Sopers Macindoe & Banks LP (Sopersmac). During office hours you may contact us via www.sopersmac.co.nz/contact.php. Our office hours are 8.30am to 5.00pm (New Zealand time). Alternatively you may contact us at any time by email to firstname.lastname@example.org
15.1 In this agreement, unless the context indicates otherwise:
(a) Words in the singular include the plural and those in the plural include the singular.
(b) References to including or includes shall be deemed to have the words "without limitation" inserted after them.
(c) References to applicable law shall be deemed to be references to the laws in the country in which we are domiciled or in the countries in which we consider that we carry on business.
(d) Writing or written includes faxes but neither e-mail nor any other form of electronic communication, except where expressly provided to the contrary.
(e) Goods means all present and after acquired property that is invoiced to the purchaser by Sopersmac including (but not so as to limit this clause) all door hardware, window hardware and any other goods as described in any invoice, quotation or tender document rendered by Sopersmac to the purchaser.
(f) Services means all services provided by Sopersmac to the purchaser including without limitation the provision of all maintenance and installation and all charges for labour or work associated with the supply of services by Sopersmac to the purchaser.
(g) The Act means the Personal Property Securities Act 1999
(h) Purchaser means any legal entity or person purchasing goods from Sopersmac online from our site and includes the terms “customer” and “applicant” as referred to herein.