TERMS & CONDITIONS

WHO WE ARE

We (official site www.Sprayparts.co.nz) are AGRIPOWER LIMITED, trading as Agripower Ltd, and in these terms we refer to ourselves as "we" or "us".

DELIVERY

In most occasions your items will be shipped with NZ Couriers or Fastway Couriers. Tracking number(s) will be emailed to you for your record.

Most deliveries take 1-3 working days (New Zealand) to complete. Your items might be covered by carriers' insurance for up to $1500. Should any loss or damage happen, we will endeavor to assist with insurance claim but cannot be held liable for any consequential loss or damage caused by the carriers.

We might send your order in one or more deliveries.

Please contact us if you require any extra special delivery services, e.g. Saturday delivery, urgent delivery, special packaging or extra insurance cover. We could help arrange that for you at your cost.

CONSUMER GUARANTEE ACT 1993

The Act

- For the full detail of Consumer Guarantee Act, Please visit: http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html

- Agripower Limited will fully comply with our obligations under the all New Zealand Acts.

- CGA will only apply to the products sold for personal, domestic, or household use or consumption;

Problem caused by 'misuse'

- By CGA 7.(4).(a) & 7.(4).(b). Goods will not fail to comply with the guarantee of acceptable quality if it has been misused

Statements/Representation

- By CGA 7.(1).(h) and 7.(1).(i) " Statements/Representation made about the goods" need to be considered while applying the CGA;

- All prices are based on the warranty/guarantee stated in the product detail.

- Please contact us before the settlement if you believe the guarantee is not satisfied. Otherwise, we will have no obligation after the agreed guarantee period.

RETURNS

If you wish to return any product, you must request a return authorisation (RA) number before you send it back. Please note that, we take no responsibility for any item arriving without an Order number or RA number. Sending anything to us without an RA number will be very likely to result in the loss of your item.

If you have received the wrong items or damaged items, you need to advise us in writing within 3 days of receiving the item(s) and attach photos taken of the items received. Otherwise you agree that the correct items have been delivered and that they are in good order (this doesn't affect any Consumer Guarantees Act rights).

We don't have to accept a return if you have simply changed your mind, but sometimes we may accommodate (and re-stock fee may apply).

We may provide a forward replacement at our discretion (but we'll charge your credit card if we don't receive the item we're replacing within a reasonable time period).

You will need to pay the cost for returning the item, and we recommend using insured and track-able courier service for your safety, because you, as the shipper, will be responsible any potential damage or loss in transit.

CANCELLATIONS

You can cancel any order before it is dispatched. A re-stocking fee may apply in certain circumstances. You must cancel your order in writing

We might cancel your order due reasons such as errors, omissions and stock level. We will fully refund you within 7 days if your order has been canceled.

PAYMENTS AND OVERDUE AMOUNTS

We don't have to provide you any specific goods or services until we have received the full payment for all the goods and services ordered. This means that we can apply your payment to any previous outstanding account. Your current order may be held up until all the money you owe us has been paid.

On overdue amounts you will have to pay any costs we incur (including debt collector fees and legal fees on a solicitor-client basis).

Payments are processed through the secure Windcave system. Any credit card details stored for payments are done so on the Windcave system. No credit card information is stored by us and Payment Express protects personal information – at a minimum – to the Payment Card Industry Data Security Standards (“PCI-DSS”)

RISK AND RETENTION OF TITLE

Risk (including any insurance responsibility) passes to you when you collect the goods (or they are collected for you); or when they are dispatched to you (this includes when we or our supplier releases the goods to a carrier to send to you).

We retain ownership of all goods supplied until we have received full payment for all goods supplied to you. You agree to do anything necessary (including signing documents) to enable us to protect and register our security interest.

STOCK LEVELS

All goods are subject to stock availability.

PRICES

We can change our prices at any time before accepting an order. Also, we can change our prices without prior notice.

Your account will be charged in NZD

ERRORS AND OMISSIONS (MISTAKES!)

We pride ourselves in getting things right, but sometimes errors and omissions (mistakes) might occur with any of our advertisements, quotes, invoices or acknowledgements. Due to our administrative processes, mistakes might be discovered up to 30 days after the goods are delivered to you.

If we discover a mistake we will let you know promptly, and give you the options, including retuning the goods for a full refund.

ACTS OF GOD AND THINGS OUTSIDE OUR CONTROL

We will not be responsible to you for any loss or damage directly or indirectly arising from or in connection with an Act of God or anything beyond our control.

**By "Acts of God and anything beyond our control" we mean all the usual things (earthquakes, fires, floods etc.) as well as: armed conflict, labour disputes, civil commotion, government intervention, transport delays, accidents, serious illness, shortages with materials, goods or facilities, and anything else beyond our reasonable control.

LIABILITY

You should make sure that the goods or services ordered are fit and suitable for the purpose they are required, because we don't provide any express or implied guarantee or warranty or make any representation regarding fitness or suitability for purpose, quality, merchantability or otherwise. Accordingly, we exclude all liability we might otherwise have to you.

If we are ever held liable to you, our liability is limited to our choice of providing you a refund or replacement.

We will not be liable for any loss of profits or any indirect or consequential loss, even if the possibility of such loss has been brought to our attention.

This clause is subject to any rights you may have under the Consumer Guarantees Act.

FORMATION OF CONTRACT

Our website and advertising are only an invitation to treat. When you order (online or otherwise) this constitutes an offer by you to buy in accordance with these terms and conditions. Our acceptance occurs (and the contract is formed) when we dispatch the goods to you.

ENTIRE AGREEMENT

When we accept your order then these terms and conditions, together with any additional terms we've advised you of or agreed to in writing, is the entire agreement between us. You agree that there are no other understandings, representations or warranties forming a part of this agreement. In particular, if you have any special instructions that are inconsistent with or qualify these terms, then we'll try to accommodate, but you accept that they're not binding on us.

USING INFORMATION ABOUT YOU - PRIVACY ACT

You authorise us to use any information we have about you, and to collect information about you, for any reasonable purpose related to our business including: obtaining credit reports, registering security interests, reporting overdue debts to debt collection agencies or credit reporting agencies.

For more information about your right of access to and correction of information held by us please refer to the Privacy Act 1993. Subject to the Privacy Act, a fee for retrieval and correction of information may be charged if appropriate.

OTHER LEGAL STUFF

Governing law - The contract (and these terms) are governed by the laws of New Zealand.

Waiver - If we waive one default it doesn't mean that we waive of any later default (even if it's the same type of default). If we fail to exercise any right (or delay in doing so) it doesn't mean we waive that right.

No assignment- You can not assign or transfer this contract without our prior written consent.

PRIVACY:

Facebook Credentials and personal profile:

For your convenience, Agripower Ltd has integrated Facebook App to enable you to log on our website without registration. All of your personal information will be encrypted during the whole process. Agripower will not be able to access/ modify/ review your personal information. Your Facebook profile will be stored in a encrypted database with a random generated encrypted key. Nobody is able to change this mechanism or review this database.