TERMS & CONDITIONS - Unifoot™ | Unifoot New Zealand

The terms and conditions of sale of Unifoot™ NZ Limited (Company) set out below (Terms of Trade) replace any previous terms which may have applied between you, the person ordering (You) the UNIFOOT™ (Product), and the Company. Please read these Terms of Trade carefully before placing any orders for the purchase of the Product. By placing any order for the Product You will be deemed to have read, understood and accepted these Terms of Trade. Any orders You place with the Company following the Effective Date will be subject to the Terms of Trade. The Company reserves the right at any time and at its discretion to change, modify and otherwise amend these Terms of Trade and the design and specification of the Product.

Orders:
1. No order placed by You on the Company’s electronic sales order form on this Site will be binding unless it is accepted in writing by the Company or a person authorised by the Company by email to the email address supplied by You on the sales order form.
2. Once accepted by the Company, orders are irrevocable by You (Your Order) except in accordance with these Terms of Trade.
3. The Company reserves the right to revise or withdraw any offer at any time prior to its written acceptance of an order.
4. The Company reserves the right not to supply the Product to any individual or company for any reason.
Price of The Product:
1. The price quoted on this Site is:
  1. i. for one unit of the Product;
  2. ii. inUnited Statescurrency; and
  3. iii. exclusive of GST.
2. The Company reserves its right to alter the price at any time without notice. Where possible notice of increases in the price will be given to You. In all cases the price payable for the Product will be the Company’s quoted price for the Product at the time of Your Order.
3. The Company will not be bound by any clerical errors or omissions, whether in computation or otherwise in any quotation or acknowledgments of invoice. Any such errors and omissions will be subject to correction.
Other Charges:
1. You must payNew ZealandGST in addition to the price (if applicable).
2. You must pay for packaging, handling and delivery of Your Order. In the event that the Company delivers Your Order by air-freight to You, the Company will be entitled to charge You the airfreight and other additional costs.
Payment:
1. Payment for orders to addresses withinNew Zealandmay be made by credit card or by cheque. Payment for orders to addresses outsideNew Zealandmust be made by credit card.
2. Online credit card transactions are secured with Secure Socket Layer (SSL) encryption only if made on the Company’s electronic sales order form and You transmit credit card details via email to the Company at Your sole risk.
3. The Company accepts the following credit cards:
  1. i. Amex;
  2. ii. MasterCard; and
  3. iii. Visa.
4. All payments must be made to the Company without set off or deduction within 7 days of the date of the invoice.
5. Payment by cheque is not complete until the cheque has been cleared.
Delivery:
1. The Company will deliver Your Order to the address supplied by You on the Company’s electronic sales order form (Your Address) as soon as possible after the date of Your Order.
2. The Company estimates the delivery time for orders as follows:
  1. i. toNew Zealandaddresses – 7 working days; and
  2. ii. to addresses outsideNew Zealand-14 working days.
3. The times for delivery estimated by the Company will be deemed to be estimates only and no claim will be made against the Company for failure to deliver within such times.
4. If you do not receive Your Order within 30 days of the date of Your Order, You must notify the Company in writing to the Company’s contact address as detailed on this Site. The Company may then at its option:
  1. i. Use its best endeavours to deliver Your Order as soon as possible after such notification by You; or
  2. ii. Cancel Your Order and re-credit You any moneys debited by the Company from Your credit card account and notify You by email at the email address supplied by You on the sales order form.
Returns:
1. At any time until the end of the 30th working day after the date of Your Order, You may return the Product to the Company:
  1. i. For a full refund of the price of the Product, excluding the cost of packaging, handling and delivery, if You are for any reason dissatisfied with the Product; or
  2. ii. For a full refund of the price of the Product, including the cost of packaging, handling and delivery, if the Product has been supplied to You by the Company in error or in a faulty condition.
2. All returns of the Product must be sent to the Company’s contact address as detailed in the Site with the original invoice for Your Order and will be sent at Your own cost and risk. All returns pursuant to clause 6a(ii) must in addition include details of why You believe the Product to be faulty or sent in error.
3. Except in accordance with these Terms of Trade, the Product may not be returned for a refund without the prior written agreement of the Company.
4. Except where payment has been made by cheque, Your account will be credited with the amount of the price of the Product debited by the Company from Your credit card account.
Availability of the Product:
1. Your Order is subject to availability of the Product.
2. Unavailable stock will be placed on back order.
3. Back orders that are less than three months old will be supplied without further notice to You. All other back orders will not be supplied without Your consent.
4. If You wish to withdraw Your Order for the supply of any back order over three months old, You must notify the Company in writing. The Company will re-credit any moneys debited by the Company from Your credit card account and notify You by email to the email address supplied by You on the sales order form and this contract will be at an end.
5. The Company reserves the right to cancel Your Order on the grounds of unavailability of stock. In such event, the Company will re-credit any moneys debited by the Company from Your credit card account and notify You by email at the email address supplied by You on the sales order form and this contract will be at an end.
Risk and Title:
1. The risk of loss or damage of the Product supplied by the Company passes to You upon delivery to Your Address. You are deemed to have accepted the condition of the Product delivered to You, unless You notify the Company in writing, within 2 working days of delivery, of any damage.
2. Title in the Product both legal and equitable (Title) passes to You only on full payment of the purchase price supplied to You under these Terms of Trade.
3. Until Title has passed to You, the Product is held by You as fiduciary agent and bailee of the Company. In such case You are required to keep the Product and exercise all reasonable care in use and handling of the Product.
The Company’s Liability:
1. You acknowledge that the use of the Product and this Site is at Your sole risk and that to the maximum extent permitted by law :
  1. i. The Company will not be liable for any loss of profits or any consequential, indirect or special loss or any kind of loss, damage or injury You suffer which arises from:
    1. The Company breaching its obligations under these Terms of Trade;
    2. Any cancellation of a contract incorporating these Terms of Trade;
    3. Any negligence on the part of the Company, its employees or agents; or
    4. The use of the Product or this Site.
    5. ii. The liability of the Company for any loss, damage or injury arising from any circumstance will not exceed the price of the Product.
2. The Company accepts no liability for damages arising out of or in connection with faulty handling, storage, installation or use of the Product by You or arising out of or in connection with Your use of this Site.
3. You acknowledge that You submit any credit card and personal information by means of email or internet link at Your own risk and that any loss incurred or sustained by You in submitting any information by means of email or internet link will be borne solely and exclusively by You and in no event will any such losses in whole or in part be borne by the Company.
Warranties:
1. The Company will, within a reasonable time, remedy any original defects arising from faulty workmanship or materials, which under normal conditions of use or storage become apparent and are notified to the Company by You in writing within 30 days of the date of Your Order.
2. The Company will have the option to repair or replace any Product or components of the Product which it is satisfied are defective or to refund You the price of the Product in accordance with clause 6a(ii).
Your Default:
1. The Company may suspend or terminate any contract incorporating these Terms of Trade (without any liability for losses that arise) and payment for the Product delivered and services performed up to the date of suspension or termination and any other moneys payable under these Terms of Trade will immediately become due and payable if You fail to pay any moneys due to the Company.
2. The Company may charge You interest at the rate of 2.5% per month above the base commercial lending rate of the Company’s trading bank at the date of default on any overdue amounts, without prejudice to any other rights the Company may have against You. Interest will be calculated on a daily basis.
3. You will be responsible for all fees and expenses incurred by the Company in collecting outstanding moneys owing by You to the Company, or in repossessing any the Product in which Title has not passed to You.
Intellectual Property:
1. The Company is the registered holder and beneficial owner of the patent in the Product inNew Zealand,Australia,United States of AmericaandUnited Kingdom.
2. The Company holds the copyright in the design, text, graphics and arrangement of the Site. The Company grants You permission to electronically copy and print parts of this Site in hardcopy for the sole purpose of placing Your Order. Any other use, modification, distribution or republication of materials on this Site without the prior written consent of the Company is strictly prohibited.
3. The Company is the registered holder of the trademark “UNIFOOT™”.
Variation of Terms:
1. The Company will not be bound by any changes to these Terms of Trade unless they are recorded in writing and approved by the Company.
Implied Terms:
1. Other than as expressly set out in these Terms of Trade and subject to any overriding provisions of any statute or regulation all conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise are expressly excluded.
Conflicting Terms:
1. If there is any conflict between an order or other document submitted by You and these Terms of Trade and any other document issued by the Company, these Terms of Trade and such other document issued by the Company will prevail.
Credit Enquiries:
1. You authorise the Company to make any enquiries relating to Your creditworthiness which the Company considers necessary and to obtain from any bank, financial institution or other party, any information the Company reasonably requires in relation to extending credit terms to You. All credit card transactions are subject to a satisfactory credit reference being provided to the Company, if required.
Privacy:
1. The Company will only use the information provided by You to the Company for the purpose of meeting Your Order.
2. You acknowledge that all information provided by You to the Company will be held by the Company, subject to Your right of access to and correction of such information provided by the Privacy Act 1993.
Force Majeure:
1. The Company will have no liability to You for loss or damage to the Product or for delays or failure in delivery of Your Order where the loss, damage, delay or failure results from conditions over which the Company has no control.
Applicable Law:
1. These Terms of Trade and the contract between the You and the Company will be governed by and interpreted in accordance with the laws ofNew Zealand.
2. TheNew Zealandcourts will have exclusive jurisdiction to resolve any disputes between You and the Company.