Terms and Conditions
www.tradeproducts.co.nz is owned and operated by MERZ Construction Products Ltd (MERZ). shall refer itself as “Trade Products”, “MERZ” , “the Seller”, “our”, “us” or “we”. Users of this website shall be referred to as “the Buyer”, “you”, “your” or “the Customer”.
This document governs your relationship with Trade Products www.tradeproducts.co.nz
Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. In the event that a product is mistakenly listed at an incorrect price, Trade Products reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Trade Products we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
If we are unable to contact you, Trade Products reserves the right to refuse or cancel the order. If your credit card has already been charged for the purchase and your order is cancelled, you will receive a full refund.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Unless otherwise agreed in writing by the Seller, the Buyer agrees that it will be bound by these terms and conditions if the Buyer places an order with the Seller and it is accepted by the Seller. The Seller is not bound by any terms and conditions contained in any document issued by the Buyer.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
The Purchase Price payable for the Product(s) shall be as shown in the website or set out in any specific purchase order, acknowledgment documentation, invoice and/or other writing as agreed between the parties. Unless stated otherwise in writing, all prices shall be exclusive of GST (and other taxes and duties (if any) payable on the Product(s) and such taxes shall be payable by the Customer in addition to the Purchase Price). The Purchase Price shall exclude the cost of delivery which shall be payable in addition to the Purchase Price.
All currency and pricing on www.tradeproducts.co.nz is in New Zealand Dollars (NZD).
Unless the Customer has a valid credit sales account with MERZ, payment for the Product(s) (together with any other monies due and owing to MERZ) shall be made by way of either credit card online, cash, cheque and/or bank transfer prior to delivery.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Order Processing Times & Delivery
Every effort will be made to deliver Goods on time. Orders are usually dispatched from our warehouse within one – two working days after the payment been cleared. This is dependent on goods being in stock.
Shipping generally takes 2 – 4 business days after dispatch. Rural delivery can attract a longer delivery time and may incur additional costs. We will endeavour to make direct contact before any additional costs are applied and charged. We do not ship to Post Office boxes.
A freight charge will be added to each order. This charge will be viewable at the final stage of the checkout process.
Delay or default in delivery does not entitle the Buyer to cancel any order.
The Company shall not be liable or responsible for any loss damage or expenses incurred by the Customer as a result of non-supply or delay in the dispatch or delivery of the Goods.
The Company cannot be held responsible for late deliveries caused by acts of God, war, strikes, lockouts, or any other force majeure events.
The Company may deliver the Goods by instalments.
We are unable to ship outside of New Zealand, Stewart Island, Chatham Island or to Great Barrier Island for website orders.
Out of Stock Goods
The supply of goods or services is subject to availability. The Seller reserves the right to suspend or discontinue the supply of goods or services to the Buyer.
The Seller will not provide rain checks in respect of any goods ordered by the Buyer. If the Buyer orders goods that the Seller does not have in stock at or after the time the order is placed, then the Seller will contact the Buyer who may, at its election:
(a) Accept delivery of the ordered goods at any later date after which the Seller has been able to source the goods ordered;
(b) Select an alternative product (chosen by the Seller) to be supplied in place of the goods ordered at the lower of the price of the goods ordered and the alternative goods; or
(c) Be refunded the amount of the goods ordered that are not in stock. The Seller reserves the right to limit the sale of goods to reasonable commercial quantities typically sought by a small-to-medium sized organisation.
Inspection, Acceptance & Returns Policy
The Buyer shall inspect all goods immediately following delivery and shall within two (2) Business Days of delivery give notice to the Seller named in the relevant Sales Invoice or of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Consumer Law, the goods shall be deemed to have been delivered to and accepted by the Buyer.
The Buyer must inspect the goods immediately following delivery. The Buyer may only return goods with the prior approval of the Seller. The goods must be returned within 7 days of the date of delivery in an unsoiled, undamaged and resaleable condition and, where appropriate, in the original packaging.
Any return of Goods will be subject to the Company’s quality assurance check and Goods must be returned in a saleable condition and accompanied by documentation evidencing; the Buyer’s name, address and account number, relevant Sales Invoice number or Instrument of Agreement number under which the goods were originally supplied; for the Company to issue a credit. No claim will be allowed where the Goods have been marked or shop soiled.
Any Goods returned by the Customer for reasons other than incorrect supply by the Company will incur a 10% handling charge, and freight shall be payable by the Customer.
Any claim that the goods are not in accordance with these terms and conditions (including if they are defective, damaged during delivery or are short delivered) must be made at the time of delivery provided or in writing to the Seller within 48 hours after delivery of the goods to the Buyer. If the Buyer fails to make a claim then, to the extent permitted by law, the gods are deemed to have been accepted by the Buyer and the Buyer must pay for the goods in accordance with these terms and conditions.
The Company reserves the right in its sole discretion to reject any return of Goods by the Customer.
The Company will give no credits to any return of Goods that are outside 14 days after the goods have been supplied.
Use / Regulatory Compliance
The Customer must use the Product(s) in accordance with any user manual, ancillary documentation and/or guidance / best practice as reasonably required for the said Product(s).
Limitation of Liability / Warranty / No Representation
Buyer shall immediately notify the Seller in writing of any defect in the goods supplied by the Seller. The Buyer shall not carry out any remedial work to allegedly defective goods without first obtaining the written consent of that Seller to do so.
MERZ / Trade Products reserves the right in its discretion to replace Product(s) or to credit the portion of the price applicable to the Product(s) and services in respect of any claims accepted. MERZ / Trade Products will use its best endeavours to enforce any guarantees or warranties given by the manufacturer of the Product(s) supplied by MERZ but gives no assurances in this regard.
The total liability of MERZ / Trade Products for any loss arising from any defect of the Product(s) and services or any other breach by MERZ / Trade Products of its obligations under the Terms will not in any circumstances exceed the Purchase Price. No warranty or condition shall be implied against MERZ / Trade Products by any statute, at common law and/or otherwise.
MERZ / Trade Products does not provide any guarantees and/or warranties in respect of the Product(s) except as expressly confirmed in writing.
MERZ / Trade Products will not be liable for:
- any consequential indirect or special direct or loss of any kind; or
- any loss caused by the Customer’s servants, agents or any other persons whatsoever; or
- any delay in production or delivery of Product(s) directly or indirectly caused by acts of God, fire, riot, war, acts of terrorism, embargo, strike, labour dispute, theft, any delays caused by a sub-supplier, action or interference by any government or other authority, or any other occurrence beyond MERZ’s reasonable control.
If MERZ / Trade Products on-sells Product(s) manufactured by a third party, it will not give any express guarantee or make any representations on behalf of the relevant third party as to the Product(s).
The Customer will indemnify MERZ / Trade Products against any claim by the Customer’s servants, agents or other persons in respect of any loss arising from any defect of the Product(s) or in respect to any matter whatsoever.
No warranty, condition or guarantee either express or implied is given by MERZ / Trade Products as to the quality, state or condition of any Product(s) or as to its appearance, content or fitness for any purpose, except as provided for in these Terms.
MERZ / Trade Products is not liable for any loss or damage of any kind whatsoever arising, including (without limitation) any indirect or consequential loss (including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings), arising out of or in connection with the supply of goods or services, even if due to the negligence of the Seller or any of its employees or agents.
Unless otherwise agreed in writing, the Buyer shall have no right to cancel an order which has been accepted by a Seller. If a right of cancellation is expressly reserved to the Buyer, such right of cancellation must be exercised by notice in writing from the Buyer to the Seller with which the order has been placed not later than 7days prior to the estimated date of shipment by the manufacturer or that Seller as the case may be. Unless otherwise agreed between the Buyer and Seller, upon cancellation prior to shipment any deposit paid by the Buyer shall be forfeited to the manufacturer or Seller (as the case may be). Despite the cancellation of any order for any reason, the Buyer must still purchase from the Seller any goods ordered by the Buyer which constitute Exclusive Goods (whether in store, in transit or being manufactured) which were procured or ordered by the Seller before such cancellation, unless otherwise agreed in writing by the Seller.
By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
The Terms are governed by the laws of New Zealand. The parties hereby submit to the exclusive jurisdiction of the Courts of New Zealand. If the parties are unable to resolve disputes through mediation, either side may initiate legal proceedings.