DIY DIRECT Terms and Conditions of Supply

1. DEFINITIONS

1.1 “Seller” and “DIY Direct”, means DIY Direct Ltd, a Company registered in New Zealand its successors and assigns or any person acting on behalf of and with the authority of DIY Direct.
1.2 "Buyer" means a person accessing this website, placing an order for Goods or Services or requesting any further information from DIY DIRECT as specified in any registration, order, invoice or document and if there is more than one Buyer is a reference to each Buyer jointly and severally.
1.3 "Goods" means all Goods or Services supplied by the Seller to the Buyer at the Buyer’s request from time to time and where the context so permits the terms ‘Goods' or ‘Services' shall be interchangeable for the other and include any other information provided.
1.4 "Price" means the Price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 4.
1.5 “Contract” means the contract between the Seller and the Buyer for the purchase of the Goods.

2. GENERAL DISCLAIMER

2.1 Although the information and recommendations at any DIY DIRECT website or other documentation supplied are presented in good faith and believed to be correct, DIY DIRECT makes no representations or warranties as to the complete accuracy of the information. Any information is supplied upon the condition that the person receiving it will make their own determination as to its accuracy and its suitability for their purposes prior to its use.

3. ACCEPTANCE

3.1 The Buyer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer accesses the DIY DIRECT website, places an order or accepts Delivery of any Goods or Services.
3.2 All Good or Services are provided to the Buyer on the basis that these Terms and Conditions shall be the conditions of the Contract, together with any supplementary terms and conditions contained in any quotation, confirmation of order, invoice, product instructions or other documentation provided by DIY DIRECT in respect of the supply, as the case may be, to the exclusion of all other terms and shall prevail over any terms and conditions of the Buyer.
3.3 The Buyer agrees that DIY DIRECT may amend these terms and conditions at any time. If DIY DIRECT makes a change, then that change will take effect from the date on which DIY DIRECT notifies the Buyer of such change. The Buyer will be taken to have accepted such changes if the Buyer makes a further request for DIY DIRECT to provide Goods to the Buyer.

4. PRICE

4.1 The agreed price is based upon the rates and conditions ruling at the date of quotation. DIY DIRECT reserves the right to vary the agreed or quoted price in accordance with any variation in exchange rates, costs, labour, materials, transport freight and insurance, NZ duties, indirect taxes and other duties, costs and surcharges or other expenses incurred or arising due to circumstances beyond the control of DIY DIRECT between the date of quotation and the date of delivery.
4.2 Unless advised otherwise, all prices are inclusive of sales tax, GST or other taxes which if payable are to the Buyer’s account. All information provided by DIY DIRECT for sales tax, GST, duties and other shipping and/or handling charges are for information and no guarantees are made for their accuracy at time of purchase.
4.3 Any additional bank or other charges are payable by the Buyer.

5. PAYMENT

5.1 Unless DIY DIRECT has agreed to extend credit to the Buyer, payment is to be made in advance at the time the order is placed by the Buyer. DIY DIRECT may retain the Goods or part of the Goods under a lien until the amount owing is paid in full.
5.2 Where DIY DIRECT has agreed to extend credit to the Buyer, payment is to be made in full without set off or deduction by the due date recorded on the invoice.
5.3 If DIY DIRECT does not receive payment in full, without set off or deduction, on or before the due date:
a. Without prejudice to other remedies available, DIY DIRECT may charge the Buyer interest on any sum due and owing, but outstanding under these Terms and Conditions at the rate of 1.5% per month from the date payment was due until the date of payment together with an administration fee of $100 + GST; and
b. The Buyer indemnifies DIY DIRECT in respect of all costs, fees, damages and expenses incurred by DIY DIRECT as a result of the non payment, including but not limited to the costs of collecting all overdue amounts including legal costs on a solicitor/client basis; and
c. DIY DIRECT may without limiting any other right or remedy, suspend or cancel further delivery of goods to the Buyer and arrange for any items that have been provided to the Buyer but not paid for to be collected and held for a reasonable period after which DIY DIRECT may sell the items and recover any amounts outstanding to DIY DIRECT.

6 DELIVERY

6.1 Delivery of the Goods is deemed to occur at the time that the Seller (or the Seller's nominated carrier) delivers the Goods to the Buyer's nominated address even if the Buyer is not present at the address.
6.2 Any delivery time shall be approximate only and shall not be deemed to be of the essence of the Contract.
6.3 The Seller reserves the right to deliver by instalments and each instalment is deemed a separate Contract subject to the same terms and conditions herein.
6.4 Failure to make any delivery and/or defective delivery does not prejudice the right of DIY DIRECT to make subsequent deliveries, nor does it entitle the Buyer to refuse to accept the same or to terminate the Contract either as a whole or in part or to any right or claim for damages whether for delay, non-delivery or otherwise.
6.5 Any claims made by the Buyer in relation to errors, transit damage or short-delivery must be made in writing within three working days of delivery of those Goods. DIY DIRECT accepts no liability whatsoever for any claims made after this period.

7. CANCELLATIONS

7.1 Subject only to any obligatory statutory rights, no cancellation, addition, deletion, amendment, or variation of any kind of or to any contract of supply between the parties may be made except with the consent of DIY DIERCT in writing. If the Buyer refuses to accept all or any of the Goods in an order other than in circumstances permitted in these Terms of Sale, the Buyer will be liable for any resulting damage or loss suffered by DIY DIRECT. If the Goods have been or are in the process of being manufactured or produced specifically for the Buyer, the Buyer will pay to DIY DIRECT as liquidated damages the full Contract price of the Goods and any costs incurred by DIY DIRECT (including without limitation any GST/Taxes) less any recoverable or scrap value of the Goods as reasonably determined by DIY DIRECT.

8. CLAIMS AND LIMITATION OF LIABILITY

8.1 Subject only to any mandatory liability or guarantee imposed by statute, and without prejudice to any rights granted thereby to the Purchaser in respect of the Goods or any service provided by DIY DIRECT or any other provider on behalf of DIY DIRECT: 
(a) all warranties, descriptions, representations, or conditions, whether implied by law, trade. custom, or otherwise and whether relating to fitness, merchantability, suitability for purpose, or otherwise, and all specific conditions, even though such conditions may be known to DIY DIRECT, are expressly excluded;
(b) DIY DIRECT shall not be liable in any way whatsoever to the Buyer or any third party. whether in tort (including negligence), contract, or otherwise, for any loss or damage whatsoever, whether direct, indirect. special, or consequential, and all such liability is expressly excluded, and 
(c) the liability of DIY DIRECT in respect of any order of goods or services shall in any event be limited to the lesser of the purchase price of the goods or services complained of, the cost of replacing the defective goods or resupplying the defective services, and the actual loss or damage suffered by the Buyer or any third party.
8.2 Subject to any statutory rights and remedies that the Buyer may have in respect of any claim by the Buyer which established that the goods or services supplied were defective, the Buyer's rights and remedies shall be limited in accordance with Clause 8.1(c) and shall be subject to the following conditions:
(a) all claims must be received by DIY DIRECT within seven (7) days of delivery of the goods or provision of the services (as appropriate) and, where applicable, the dispatch number and/or invoice number must be quoted by the Buyer; 
(b) all claims must specifically identify the defect and, where possible in relation to goods be accompanied by the defective goods or a sample thereof; 
(c) DIY DIRECT shall have a reasonable opportunity to investigate the claim; and
(d) DIY DIRECT may at its complete discretion, replace or give credit for the goods and services supplied and established to be defective, and this replacement or credit shall be deemed to fully satisfy any claim by the Buyer or any third party in respect of any such goods or services. 
8.3. If DIY DIRECT replaces defective goods, it shall deliver such goods to the Buyer’s premises at DIY DIRECT’s risk and expense. 
8.4. If at any time the Buyer expressly or by implication holds itself out as acquiring from DIY DIRECT goods for resale or goods and/or services for the purposes of a business, all supplies of goods and services to the Buyer by DIY DIRECT shall be deemed to be for the purposes of the Buyer's Business (as that latter term is defined in the Consumer Guarantees Act 1993). In such event, as between DIY DIRECT and the Purchaser, the guarantee provisions of the Consumer Guarantees Act 1993 are expressly excluded and shall not apply to any supplies of goods and services by DIY DIRECT to the Buyer.

9 DISCLAIMER OF LIABILITY

9.1 DIY DIRECT shall have absolutely no liability whatsoever in connection with the website services, information, external links or third party links on this website. DIY DIRECT shall have no liability whatsoever for any errors, omissions or inaccuracies in the information regardless of how caused or for delays or interruptions in delivery of the information: or any decision made or action taken or not taken in reliance upon the information furnished.
9.2 DIY DIRECT accepts no responsibility or liability whatsoever with regard to information on this site or in respect of the Goods or Services provided by DIY DIRECT as the information is meant to be of a general nature only and is not intended to address the specific circumstances of any particular individual or entity.
9.3 The information provided is not necessarily comprehensive, complete, accurate or up to date; the information is sometimes linked to external sites over which DIY DIRECT has no control and for which DIY DIRECT assumes no responsibility: DIY DIRECT shall have no liability for any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for any contingencies beyond its control in procuring, compiling or delivering any information. The information is not professional nor does it comprise legal advice (if you need specific advice, you should always consult a suitably qualified professional).

10 DISCLAIMER OF ENDORSEMENT

10.1 The results of any products recommended or supplied by DIY DIRECT are subject to variation due to factors including but not limited to climatic conditions, application variations, materials used and general usage and customer requirements. Recommendations or advice given either verbally or in documentation provided for or by DIY DIRECT or any employee or Agent of DIY DIRECT do not constitute a warranty either expressed or implied for the safety, suitability or effectiveness of the product for any specific purpose and DIY DIRECT and its employees and agents accept no liability for any loss or damages caused by a product recommended or supplied. The Buyer is responsible to conduct preliminary trials for the safety and effectiveness of any product supplied by DIY DIRECT to ensure that the Buyer is satisfied with the results.
10.2 Any reference within external or third party links to any specific Goods, commercial products, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply endorsement, recommendation or favoring by DIY DIRECT.
10.3 The appearance of external or third party links does not constitute endorsement by DIY DIRECT of the linked web sites or the information, products or services contained therein. DIY DIRECT does not exercise any editorial control over the information you may find at these locations.
10.4 External or third party links may be provided for the convenience of the users of this site. DIY DIRECT is not responsible for the availability or content of these external or third party sites and does not endorse, warrant or guarantee any products, services, information, centers or schools described or offered at these links.

11 GENERAL

11.1 If at any time DIY DIRECT does not enforce any of these terms or conditions or grants you time or other indulgence, it will not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition. Further, if any part or provision of these terms and conditions is deemed to be invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of provision. The remaining terms and conditions will be binding on the parties.

12 GOVERNING LAW AND JURISDICTION

12.1 These terms and conditions are governed by and will be construed in accordance with the laws of New Zealand and any person accessing this information or that purchases any Goods or Services from DIY DIRECT or any other party submits to the exclusive jurisdiction of the Courts of New Zealand. If you choose to access the website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.

© Copyright 2018 DIY DIRECT LTD. All rights reserved. Disclaimer.