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Terms Of Trade

Terms

  • All goods or services supplied by Clemett Road Limited will be upon the terms of trade contained herein, unless otherwise agreed in writing
  • Clemett Road Limited's agents or representatives have no authority to make any oral representations, statements, warranties, conditions or agreements that conflict with these terms of trade

Payment and Delivery

  • Clemett Road Limited will dispatch and deliver your order to you as quickly as possible
  • Unless otherwise arranged, your orders will be delivered via track and trace courier
  • Unless otherwise arranged, please allow up to 7 working days from processing of payment for delivery. If you haven't received your goods within those 7 working days please get in touch by email thestablehand@hotmail.com or give us a call on 07 8254931 to let us know
  • Pricing shown on this website is inclusive of any GST
  • Freight and delivery charges is additional
  • Orders must be paid for in full before products are despatched
  • Any expenses, disbursements and legal costs incurred by Clemett Road Limited in the enforcement of any rights contained in these terms of trade will be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees

Provision of Goods and Services

Clemett Road Limited will;
  • Use all reasonable skill and care in providing the goods and services in a timely and efficient manner
  • Not be liable for any delay or non-performance providing goods or services if the delay or non-performance is attributable (directly or indirectly) to circumstances beyond its reasonable control
  • Not be obliged to accept any order for goods or services made by the Customer and will be entitled, in its sole discretion, to refuse to provide or perform all or any such goods and services

Returns Policy

  • All items for return or swap must be returned within 14 days with proof of purchase.
  • All items must be returned in 'as new' resaleable condition
  • If posting goods back they must be sent back via New Zealand Post Tracked Parcel Post. If return postage costs are deemed to be our responsibility due to faulty goods we will credit the return freight as per New Zealand Post Tracked Parcel Post only. Defective items must be returned so they can be assessed
  • If goods are proven faulty, Clemett Road Limited will meet its' obligations under the Consumer Guarantees Act, and will offer a remedy/replacement at its' discretion.

Liability and Indemnity

  • With the exception of express warranties contained in these terms of trade, all warranties and representations in respect of goods and services supplied are excluded to the extent permitted by law
  • The customer acknowledges that if it acquires the services or goods for a business purpose then the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded and do not apply
  • In no event will Clemett Road Limited be liable to the customer or any other party for any loss or damage arising directly or indirectly in connection with Clemett Road Limited's services and goods, their use, misuse or otherwise including (but without limitation) any loss of profit, business, revenue, goodwill or anticipated savings
  • Clemett Road Limited will not be liable to the customer or any other party for consequential, special, punitive or exemplary loss, damage or liability arising directly or indirectly out of or related to the agreement and provision, performance of or failure to perform the services by Clemett Road Limited whether in contract, tort (negligence), for breach of statutory duty or any other principle of legal liability

Title and Security (Personal Property Securities Act 1999)

  • Title in any goods and services supplied by Clemett Road Limited will pass to the customer only when the customer has made payment in full for the same and Clemett Road Limited will have a security interest in all goods and services provided to the customer until that has occurred

Termination

These Terms of Trade may be terminated by notice in writing as follows:
  • By Clemett Road Limited if the customer is in breach of these terms and conditions
  • By Clemett Road Limited upon completion of the delivery of the services and goods and payment in full by the Customer
  • By the customer if the Clemett Road Limited is unable to supply goods or services ordered in a reasonable and timely manner
  • By mutual agreement of the parties

Intellectual Property

  • The customer agrees and acknowledges that Clemett Road Limited is the owner and/or licensee of the intellectual property rights in certain systems, know-how and other intellectual property which may be utilised in the provision of the services or goods provided to the customer and that the customer obtains no rights and or interests in such intellectual property by virtue of its purchase of the services and /or goods from Clemett Road Limited
  • All images and designs on this website, promotional material and other documentation are subject to copyright and are the property of Clemett Road Limited

Confidential Information

  • Neither party will disclose information which is confidential to the other party to a third party unless compelled to do so by law
  • Refer to additional information about your privacy here >>

External Links

  • In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources

Miscellaneous

  • Neither party may assign any of its rights or obligations under these Terms of Trade without the prior written consent of the other
  • Every notice given under these terms and conditions will be sufficiently given if delivered personally, posted or successfully transmitted by fax to the intended recipient at his/her or their last known address or facsimile number
  • Neither party will be liable for any delay or failure for the performance of any of the obligations imposed on them under these Terms of Trade if such failure is beyond the reasonable control and without fault or negligence of that party, provided that this clause will not extend to excuse the consequences of insolvency or financial difficulty
  • These Terms of Trade constitutes the entire agreement between the parties which supersedes any prior arrangement or understanding whether written or oral relating to the subject matter of this agreement
  • These Terms of Trade will be governed by the laws in New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand

 

 
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