Terms & Conditions


Lockett Industries Limited T/A Van Vault NZ – Terms and Conditions Updated 28/11/2018

PRICE

All prices on this website are subject to change without notice and are current until updated. All prices apply to the North and South Island.

FREIGHT

All orders are Freight Free

CLAIMS

You must inspect all goods immediately on delivery. Any damages or discrepancies must be reported to us within 24 hours of delivery. Any claims after this time cannot be accepted.

PRODUCT SPECIFICATIONS

All dimensions on this website are approximate only and are subject to change without notice.

DISCLAIMER

All information on this website is intended to be correct at time of publishing, however Van Vault accepts no responsibility for any direct or consequential loss from the information given. We reserve the right to change specifications and designs at any time without notice if required. Errors and omissions expected.

RETURNS

If you need to return a product for credit or exchange you must fill out our Goods Return Form online and wait for an authorisation number to be sent back to you.

RETURNS POLICY

• A 20% handling and restocking fee applies on all returns

• Delivery costs are non-refundable

• You have 60 days after your delivery date to contact us about your return

• We only accept a return for credit or exchange

• The returned product(s) must be unused, in its original packaging and condition and must not have been installed or attempted to be installed. This includes inner packaging, installation instructions, templates, mounting bolts etc.

• You are responsible for packaging and shipping the returned product(s) to us

• If the product is being returned due to it being incorrectly supplied, faulty or freight damaged, no restocking fee will apply and Van Vault will arrange the return freight.

• We will credit your purchase only after we have received and inspected the returned goods

• All clearance items are non-refundable and non-returnable

• All non-stock, custom made and indented products are non-returnable

DELIVERY

We will deliver the Goods to you. All orders are Freight Free

TITLE AND RISK

• We shall retain title to Goods we supply until they have been paid for in full and you have performed all your other obligations under these Terms.

• Risk in all Goods passes to you when the Goods are Delivered. You shall insure Goods that have not been paid for in full for their full price.

PRICE

• All prices are plus GST.

• Our prices, Goods supplied and the design and specification of Goods are subject to change without notice, except that no such change will affect an accepted order unless agreed with you.

PAYMENT

• You must pay for Goods on their Delivery, unless we have agreed to supply the Goods to you on credit.

• We may require you to pay a deposit, being an advanced payment for Goods supplied before those Goods are Delivered.

• We are under no obligation to supply Goods to you on credit. If we grant you credit, you agree to pay our invoices by the 20th day of the month following the month in which the Goods are dispatched to you, unless we agree otherwise in writing.

• We may notify you at any time that we are going to stop supplying Goods to you on credit. This shall be without prejudice to your obligation to pay amounts owing.

• All payments shall be made without set-off or deduction. Receipt of a cheque, bill of exchange, or other negotiable instrument will not constitute payment and you remain liable for payment until payment is received by us.

• We may apportion payments to outstanding accounts as we see fit.

STOCK AVAILABILITY

Some Goods supplied by us are manufactured to order. We will endeavour to provide you with an accurate delivery date, but cannot guarantee the delivery date of any order placed.

DEFAULT

• You will be in Default if:

you fail to pay an amount due under these Terms by the due date for payment; or

you commit a breach of any of your other obligations under these Terms, the Security or the terms of any other contract you have entered into, or enter into in the future, with us or one of our related entities; or

you become insolvent, are wound up, have a receiver appointed, enter into any composition or arrangement with your creditors, do any act which would render you liable to be placed in liquidation or have a receiver appointed over your property, commit an act of bankruptcy, cease to be of full legal capacity, or die;

Goods that we have retained title to are at risk; or

an event or a series of events (whether related or not) occurs which, in our opinion, may cause a material adverse change in your ability to meet your obligations to us.

• If you are in Default then we may, at our option, do any one or more of the following:

a. charge you default interest at 3% per annum above our principal bank’s commercial overdraft interest rate on any late payments (before and after judgment) calculated on a daily basis from the due date until the date payment is received;

b. require you to remedy the default in the manner and within the period that we tell you;

c. require you to pay to us all amounts you owe us immediately;

d. suspend or terminate your account with us;

e. enforce security interests created by these Terms;

f. exercise any rights that we have under these Terms or that are available to us at law.

• We may suspend or terminate your account with us at any time in our sole discretion. If your account is terminated, you must immediately pay us any amount you owe us. Termination will not affect any of our rights that have arisen before termination.

PERSONAL PROPERTY SECURITIES ACT 1999 (“PPSA”)

• This Clause creates a security interest in Goods we supply to you.

• You shall not grant any other security interest or any lien over Goods that we have a security interest in.

• At our request you shall promptly sign any documents and do anything else required by us to ensure our security interest constitutes a first ranking perfected security interest in the Goods.

• We may at any time enter your premises and properties to uplift Goods that we have a security interest in.

• Where any Goods become annexed to land so that they lose their status as “personal property” under the PPSA, you agree with us that the Goods are intended to continue to be “chattels” and that we may sever those chattels from the land and remove them.

• If Goods that we have a security interest in are processed, included or dealt with in any way causing them to become accessions, processed or commingled Goods, our security interest will continue in the whole in which they are included. You shall not grant any other security interest or any lien in either the Goods or in the whole.

• You waive any rights you may have under sections 114(1)(a), 116, 120(2), 121, 125, 126, 127, 129, 131, 133, and 134 of the PPSA.

• You waive your right to receive a copy of any verification statement (as that term is defined in the PPSA).

• You shall give us prior written notice of any proposed change of your name or address.

WARRANTIES

• The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may impose warranties, conditions or obligations upon us which cannot by law (or which can only to a limited extent by law) be excluded. Other than as expressly provided for in these Terms, we exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.

• The guarantees contained in the Consumer Guarantees Act 1993 are excluded where you acquire goods and services from us for the purposes of a business in terms of sections 2 and 43 of that Act.

• Any measurement and representation of the colour of Goods is approximate and where critical, you are responsible for measuring and examining the Goods before purchase and installation.

GUARANTEE

• We guarantee the Goods listed on the warranty page of our Website to be free from manufacturing defects in material and workmanship (Guarantee).

• Each Guarantee expires on the date stated on the Website. Claims made after the expiry date will be invalid.

• Our obligation under Guarantee is limited to (at our option) replacing that part of the Good that is defective or refunding the price paid by you for the defective Good. We may, but are not obliged to, cover the cost of removal and reinstallation costs. We will not cover these costs if the defect in the Good should have been obvious prior to installation and the Good was installed despite the existence of the defect.

• This Guarantee does not apply if:

a. the Good is improperly installed or cared for or is subject to unusual conditions of use;

b. claims are not notified to us within 90 days of the defect first occurring;

c. you have not supplied us with reasonable evidence of purchase and the defect claimed. We must be given a reasonable opportunity to inspect a defective Good prior to any Guarantee claim;

d. the conditions of the manufacturer’s warranty have not been complied with (other than as a result of our actions or inactions) and the manufacturer refuses to make payment to us;

LIMITATION OF LIABILITY

• Except as expressly otherwise provided by clauses 8.1, 8.2 or 9.1, we shall not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from Goods or services provided by us to you.

• To the extent that we are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms or for any other reason, such liability is limited to the amount of the price of the Goods concerned. If Goods are returned by you, or if you make a claim in writing to us in relation to Goods or associated services provided, we may, in our discretion, repair or replace the Goods or refund the price of those Goods to you, provided that:

a. the Goods must be returned or the claim must be made in writing to us within fourteen (14) days of Delivery; and

b. you must supply the date and number of any invoice relating to the Goods; and

c. we must be given a reasonable opportunity to inspect the Goods.

• If you are in Trade and acquire any Goods for Trade purposes, you agree with us to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986.

INTELLECTUAL PROPERTY

if any goods are to be supplied to your design, you warrant that the manufacture and supply of such goods by us will not infringe any third party’s intellectual property rights and you indemnify us against any loss, liability, costs and expenses in the event of any claim being made that the supply of such goods by us infringes any patent, copyright or other rights of any other person.

INTELLECTUAL PROPERTY OWNERSHIP

• If we commission the design of a unique Good we will remain the exclusive owner everywhere in the world of all Intellectual Property rights and interests in that design as first owner of those Intellectual Property rights and interests.

• This clause 12 shall continue in force as between us and you notwithstanding the termination of these Terms or Delivery of the Goods.

PRIVACY OF INFORMATION

• You authorise us:

a. to collect, retain and use information about you from any person for the purpose of assessing your creditworthiness;

b. to disclose information about you:

i. to any person who guarantees or who provides any other credit support, in relation to your obligations to us;

ii. to such persons as may be necessary or desirable to enable us to exercise any power or enforce or attempt to enforce any of our rights, remedies and powers under these Terms.

NOTICES

Any notice may be given by phone, in person, posted, or sent by facsimile or email to you or where you are a company, to any of your directors.

COSTS

You must pay our costs (including legal costs, as between solicitor and client) of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms.

DISPUTES

• Any claim or dispute arising under these Terms shall be determined by arbitration in accordance with the New Zealand Dispute Resolution Centre (“NZDRC”) Rules for Expedited Commercial Arbitration ECA60 if the parties are unable to resolve the dispute themselves within one month of the dispute arising.

• The parties will be bound by the findings of the said arbitration subject only to such rights as the parties may have under articles 33 & 34 of the first schedule to the Arbitration Act 1996 (the “Act”) and clauses 5(1)(b) & (c) of the second schedule to the Act.

• The Tribunal shall consist of a sole arbitrator to be appointed by agreement of the parties within five working days of the date of a written notice from either party commencing arbitration. If the parties are unable to agree upon an arbitrator within that period, then the arbitrator shall be appointed by NZDRC upon the application of any party.

• The place of arbitration shall be Wellington, New Zealand.

• Nothing in this clause prevents either party from taking immediate steps to seek any equitable relief before the New Zealand Courts.

FORCE MAJEURE

• If we have given you a time for Delivery of the Goods such time is approximate only and is not deemed to be of the essence.

• We shall not be liable for delay or failure to perform our obligations under these Terms if the cause of delay or failure is beyond our reasonable control.

GENERAL

• These Terms replace any earlier representations, warranties, understandings and agreements (whether oral or written), and together with your Credit Application constitute the entire agreement between us and you relating to their subject matter.

• You shall not transfer or assign your rights, powers or obligations under these Terms without our prior written consent.

• If you have entered into these Terms as the trustee of a trust and you have no right to or interest in any of the assets of the trust except in your capability as trustee of the trust, your liability shall be limited to the value of the assets of the trust which now or in the future are (or, but for your wilful neglect or default, would be) in the hands of the trustees for the time being of the trust. This clause does not limit any liability you have to us as a personal guarantor.

• No failure or delay by us in insisting upon the strict performance of these Terms or exercising any right under these Terms will operate as a waiver of those matters.

• We may change these Terms at any time. Any change applies from when it is published on our Website.

• The rule of construction known as the contra proferentem rule does not apply to these Terms.

• If any provision of these Terms is held to be unenforceable, illegal or invalid by any Court or tribunal:

a. the enforceability, legality or validity of the remainder of the Terms will not be affected and will remain in full force and effect; and

b. the parties will co-operate to ensure that the spirit and intention of these Terms is carried out as far as is reasonably possible; and

c. the parties will, if necessary, amend these Terms accordingly.

DEFINITIONS

In these Terms unless the context otherwise requires:

a. “Delivery” means the earlier of the despatch of the Goods from our premises or the time at which Goods are collected from our premises. If you indicate to us that you will fail or refuse to take or

accept delivery, then the Goods are deemed to have been delivered when we are willing to deliver them.

b. “Goods” shall include any associated services that we supply.

c. “Guarantee” has the meaning given to it by clause 9.1.

d. “Intellectual Property” means all intellectual property rights including, without limitation, copyright, patent and design rights, drawings, documents, data, ideas, procedures, calculations and all other statutory and common law rights and interests.

e. “Security” means all existing and future security held by us that secures your obligations under these Terms.

f. “Trade” has the meaning given to it by section 2 of the Fair Trading Act 1986.

g. “Website” means Van Vault’s website www.vanvault.co.nz.