© Go In Style 2023 . All Rights Reserved.
1.1 “Agreement” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this agreement.
1.2 “We”, “Us”, “Our or “Ourselves”” means Broshmik Trucks Limited, its successors and assigns.
1.3 “You”, “Your” or “Yourself”” means any person/s entities or any person acting on behalf of and with the authority of you requesting us to provide the goods as specified in any proposal, quotation, order, invoice or other documentation (end user) being of the legal age of eighteen (18) years.
1.4 “Goods” means goods (including, but not limited to, any parts, etc) that may be purchased or sold through this website to be supplied and/or provided by us to you.
1.5 “Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical user interface.
1.6 “Personal Information” means any information that identifies or can be used to identify You, directly or indirectly. Examples of personal information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
1.7 “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this agreement, a party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, personal information and pricing details.
1.8 “Price” means the price payable (plus any goods and services tax (“GST”) where applicable) for the goods or services as agreed between us and you.
2.1 We reserve the right to change any of the Terms and Conditions displayed on this website (including our Privacy Policy and Our Cookies Policy) at any time by notifying you through this website that We have done so. By continuing to use this website it shall be deemed that You agree to be bound by the amended terms and conditions as notified and posted on the website.
2.2 If You intend to transact through this website (i.e purchase goods then You warrant that you are at least 18 years of age, that you have the power to enter into this agreement and you acknowledge that this agreement creates binding and valid legal obligations upon you.
2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with section 226 of the contract and commercial law act 2017 or any other applicable provisions of that act or any regulations referred to in that act.
3.1 At Our sole discretion, the price shall be listed online according to our price list.
3.2 We reserve the right to change the price:
(a) if during the course of the sale, the goods are not or cease to be available from our third-party suppliers, then We reserve the right to provide alternate/upgraded goods subject to prior confirmation and agreement of both parties. In the event that we are unable to supply the goods then clause 13.2 shall apply; or
(b) in the event of increases to us in the cost of labour or goods, or fluctuations in currency exchange rates, freight or insurance charges, which are beyond our control.
3.3 Time for payment for the goods being of the essence, the price will be payable by you on placement of the order.
3.4 Payment may be made by electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between you and us.
3.5 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Our sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
3.6 If you owe us any money you shall indemnify us from and against all costs and disbursements incurred by us in recovering the debt (including, but not limited to, internal administration fees, legal costs on a solicitor and own client basis, our collection agency costs, and bank dishonour fees).
3.7 Further to any other rights or remedies we may have under this agreement, if you have made payment to us, and the transaction is subsequently reversed, you shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by us under this clause 3.7 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to Your obligations under this agreement.
3.8 Both parties agree that ownership of the goods shall not pass until:
(a) You have paid us all amounts owing; and
(b) You have met all of your other obligations to us.
3.9 Receipt by us of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised..
3.10 GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly included in the price.
4.1 Delivery (“Delivery”) of the goods is taken to occur at the time as stipulated online.
4.2 Goods despatched will include a shipping insurance. Risk of damage to or loss of the goods passes to you on delivery and you must insure the goods on delivery.
4.3 If any of the goods are damaged or destroyed following delivery but prior to ownership passing to you, we are entitled to receive all insurance proceeds payable for the goods. The production of these terms and conditions by us is sufficient evidence of our rights to receive the insurance proceeds without the need for any person dealing with us to make further enquiries.
4.4 If You request us to leave goods outside our premises for collection or to deliver the goods to an unattended location then such goods shall be left at your sole risk.
4.5 The cost of delivery is either included in the price or is in addition to the price as agreed between the parties.
4.6 We may deliver the goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
4.7 Any time specified by us for delivery of the goods is an estimate only and we will not be liable for any loss or damage incurred by you as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the goods to be delivered at the time and place as was arranged between both parties. In the event that we are unable to supply the goods as agreed solely due to any action or inaction of you, then we shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.1 We shall comply with the provisions of all statutes, regulations and bylaws of government (including, but not limited, to, the Broadcasting Act 1989, etc.,) local and other public authorities that may be applicable to the goods or with us providing the services.
5.2 If you are acquiring goods for the purposes of a trade or business, you acknowledge that the provisions of the consumer guarantees act 1993 (“CGA”) do not apply to the supply of goods by us to you.
5.3 We agree to abide by the provisions of the Fair Trading Act 1986 (“FTA”).
6.1 You shall inspect the goods on delivery and shall within seven-two (72) hours of delivery (time being of the essence) notify us of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. You shall afford us an opportunity to inspect the goods within a reasonable time following delivery if you believe the goods are defective in any way. If you fail to comply with these provisions the goods shall be presumed to be free from any defect or damage. For defective goods, which we have agreed in writing that You are entitled to reject, Our liability is limited to either (at our discretion) replacing the goods or repairing the goods.
6.2 Goods will not be accepted for return other than in accordance with
(a) We have agreed in writing to accept the return of the goods; and
(b) The goods are returned at Your cost within seven (7) days of the Delivery date; and
(c) We will not be liable for goods which have not been stored or used in a proper manner or fitted by an unqualified tradesperson; and
(d) The goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
6.3 If we accept that you are entitled to reject the goods following their return pursuant to clause 6.2(b) we will reimburse you actual and reasonable costs of return delivery.
6.4 Subject to the conditions of warranty set out in clause 6.6 we warrant that if any defect in any goods manufactured by us becomes apparent and is reported to us within the earlier of twelve (12) months of the date of delivery or 5,000 kilometres (time being of the essence). You shall afford us an opportunity to inspect the goods and diagnose the fault then we will either (at our sole discretion) replace or remedy the defect.
6.5 If it is deemed that the defect is not due to any goods provided by us then you acknowledge and agree that you shall be liable for the inspection and diagnostic costs.
6.6 The conditions applicable to the warranty given by clause 6.4 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of you to properly maintain any goods or manufactured item; or
(ii) failure on the part of you to follow any instructions or guidelines provided by us; or
(iii) any use of any goods or manufactured item otherwise than for any application specified on a quote or order form; or
(iv) The continued use of any goods or manufactured after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of god.
(b) The warranty shall cease and we shall thereafter in no circumstances be liable under the terms of the warranty if the defect is repaired, altered or overhauled without our consent.
(c) In respect of all claims we shall not be liable to compensate you for any delay in either replacing or remedying the defective goods or in properly assessing your claim.
6.7 For goods not manufactured by us, the warranty shall be the current warranty provided by the manufacturer of the goods. We shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the goods.
7.1 We will take all reasonable steps to ensure that any personal information held by us is accurate up-to date, complete, applicable, is not misleading and will only be used for the purposes stated in this Privacy Policy. We will maintain security safeguards to protect the information and will take all reasonable steps to ensure that the information is not disclosed to any unauthorised person or entity.
7.2 When making a transaction through this website personal information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the information cannot be read by or altered by outside influences.
7.3 When you request goods we may collect personal information supplied by you when you complete an online form in order to facilitate the purchase of goods. Such information will enable us to process your transactions efficiently and analyse our website services and enable us to provide a higher level of customer service (which may include informative or promotional activities).
7.4 We may also collect the following information/tracking data for statistical purposes and to help us understand how to make our website more available and user friendly for you and to measure the success of any advertising activities we may under take:
(a) Your IP address.
(b) The date and time of you visit to our website.
(c) You click and activate on this site.
(d) The referring site if any through which you clicked through to this site.
(e) Technical information on your browser, device and operating systems;
(f) Any input into our website.
7.5 We will only release information about you as authorised by you, required by law or where required in order for us to provide goods to you e.g to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release your information for any purpose which you could reasonably expect us not to release the information.
7.6 Except as detailed above we do not share, give, sell, rent, or lease information to third parties and your personal information will only be disclosed to those employees within Our organisation who have a need to know in order to ensure you are provided with information about our products and services or to request goods through this website.
7.7 Under the Privacy Act legislation you can ask to see any information we may hold about you and you also have the right to have any inaccuracies in the same corrected by us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of your request.
7.8 You may have the following data protection rights:
(a) To access, correct, update or request deletion of personal information. We will take all reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date.
(b) In addition, individuals who are residents of the European Economic Area “EEA” can object to processing of their personal information, ask to restrict processing of their personal information or request portability of their personal information. You can exercise these rights by contacting us using the contact details provided in the “Questions and Concerns” section below.
(c) Similarly, if personal information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal Information conducted in reliance on lawful processing grounds other than consent.
(d) The right to complain to a data protection authority about the collection and use of personal information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
7.9 If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please use our contact form via this website to send us a message.
8.1 Our website uses a technology called cookies (a small element of data that our website may send to your computer) that may be used to provide you with specific information for the purpose of us tracking site usage and traffic. These cookies do not read your hard drive but may be stored on your hard drive to enable our website to recognise you when you return to the same.
9.1 If at any time you are on our mailing list , you may request to be removed from the same and we will comply with your request if there is no unsubscribe button provided then please contact us with your request using the “Contact Us” section of this website.
10.1 The contents of this website are at all times the copyright or trademark property of either ourselves, our suppliers or linked third parties and you may not distribute, reproduce, display, publish any trademark or other content of this website for any purpose whatsoever without the prior written approval of us, Our suppliers or linked third parties (each as applicable). Furthermore you agree to indemnify us against any claims, costs, damages or losses incurred by us should you fail to comply with clause.
11.1 The display on our website of any advertiser or the provision of a link to third party websites does not constitute our endorsement of either the advertiser or third party provider or any of their website content or business practices. As we do not have any control of the content of any third party websites, access to such websites is at your sole risk and we recommend that you thoroughly review the terms and conditions of use and the Privacy policies of any third party website immediately you access such a site.
11.2 We shall accept no liability in regards to any dealings, promotions or activities between You and advertisers or third party providers.
12.1 We are not responsible for the correctness of technical information and recommend any technical data which you may choose to rely upon be sought and verified outside this website/forum from industry professionals.
12.2 Specifications and information provided on this website are given in good faith based on our knowledge, experience, or information provided to us by you, manufacturers and/or suppliers, or derived from sources believed to be accurate at the time the information is received by us, therefore it is recommended if you have any concerns as to the suitability of goods provided through this website in respect of the use of the goods or their suitability for a particular use that you contact us or seek external professional opinion.
13.1 Without prejudice to any other remedies the parties may have, if at any time either party is in breach of any obligation (including those relating to payment) under these terms and conditions the other party may suspend or terminate the supply purchase of goods to the other party. Neither party will be liable for any loss or damage the other party suffers because one of the parties has exercised its rights under this clause.
13.2 If we, due to reasons beyond our reasonable control, are unable to the deliver any goods to you, we may cancel any contract to which these terms and conditions apply or cancel delivery of goods, or access to our website at any time before the goods are delivered by giving written notice to you. On giving such notice we shall repay to you any money paid by you for the goods. We shall not be liable for any loss or damage whatsoever arising from such cancellation.
13.3 You may cancel delivery of the goods by written notice served within twenty-four (24) hours of placement of the order. Failure by you to otherwise accept delivery of the goods shall place you in breach of this Agreement.
13.4 Cancellation of orders for goods or for non-stocklist items, will definitely not be accepted once an order has been placed.
14.1 Display on this website does not guarantee the availability of any particular good(s) therefore all orders placed through this website shall be subject to confirmation of acceptance by us. orders for goods shall be subject to confirmation of suitable timeframes between you and ourselves for the supply of the goods.
15.1 Due to the inherent nature of websites, we cannot warrant against delays or errors in transmitting data between you and us including orders and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able we shall give you advanced warning of the same. We shall accept no liability in relation to website downtime whether scheduled or otherwise that results in online access not being available and/or for delays or errors in transmitting information and your responses.
16.1 We provide message boards for the use of our website users. The message boards may not be used to promote websites or any commercial or business activity. We are not responsible for any of the opinions expressed in the message boards. By posting a message to the message board you agree to take full legal responsibility and liability for your comments, including for offensive or defamatory statements.
17.1 Feedback is provided for the purpose of facilitating trading by you on our website. Feedback provided on other parties must not contain offensive, defamatory, retaliatory or inappropriate language or content. We may remove any feedback that is considered to be offensive, defamatory, retaliatory or inappropriate.
17.2 You may only give feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
17.3 You must not post feedback about yourself or include any contact details or personal information in your feedback.
18.1 This website (excluding any linked third party sites) is controlled by us from our principal business premises in New Zealand. It can be accessed from countries around the world to the extent permitted by the website. As each country has laws that may differ from New Zealand, by accessing this site, you agree that the laws and statutes of New Zealand and are subject to the jurisdiction of the Courts where the goods were supplied and shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.
18.2 The failure by the either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.3 Subject to the CGA, the liability of us and you under this agreement shall be limited to the price.
18.4 We may licence and/or assign all or any part of its rights and/or obligations under this agreement without your consent provided the assignment does not cause detriment to you.
18.5 You accept and agree that by visiting our website that we may post our notices and/or industry related content via our website, from the date of display it shall be deemed to have been publically notified. It is important that you maintain your correct information on your profile (i.e. email addresses etc) so that you do not miss out on any important notices.
18.6 Neither party shall be liable for any default for payment or goods, delay, defect or deficiency hereunder to the extent that such default, delay, defect or deficiency is caused by an event of force majeure which affects performance by hindering, delaying or making considerably more difficult the fulfilment of commitments of the party, including any act of god, war, terrorism, fire, flood, storm or other event beyond the reasonable control of either party. This clause does not apply to a failure by you to make any payment due to us, following cessation of a Force Majeure.
© Go In Style 2023 . All Rights Reserved.