Terms and Conditions of Sale
'Company' refers to Gpe Electric~Weather Ltd.
'Customer' refers to any individual or legal entity purchasing from the Company.
Where Jack Penman Photography accepts the Customer's order these terms and conditions (together with the acceptance) constitute the entire agreement between Jack Penman Photography and the Customer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract.
- Any condition contained in the Customer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by Jack Penman Photography.
- Any variation, waiver or cancellation of the Customer's order shall have no effect unless accepted in writing by Jack Penman Photography. Where Jack Penman Photography accepts cancellation by Jack Penman Photography may levy a handling charge of up to 15% of the price.
- Where the Customer and Jack Penman Photography agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of Jack Penman Photography.
Formation of Contract
Jack Penman Photography's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the Customer to buy in accordance with these terms and conditions. Jack Penman Photography's acceptance occurs (and the contract is formed) when the goods are dispatched to the Customer.
Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;
- Where the Customer is acquiring the product for the purpose of business then the Act shall not apply.
- In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.
Unless stated otherwise in writing by Jack Penman Photography payment for any goods or services sold to the Customer is to be in advance of delivery and in full. Legal title to any and all goods sold tot he Customer do NOT pass to the Customer until FULL payment for the goods has been received by Jack Penman Photography.
- Jack Penman Photography reserves the right to dispatch the Customer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the Customer to repudiate the contract as to any installments already delivered. The Customer may cancel any undelivered installments.
- Jack Penman Photography will select the method/type of delivery and free delivery will apply to this case. Where the Customer requests another method of delivery (eg Saturday or urgent delivery) and Jack Penman Photography agrees in writing then the Customer shall meet the cost of that delivery.
- Any quotations of delivery times are made in good faith but are estimates and Jack Penman Photography shall not be bound by such quotation.
Shortages, Damages or Loss in Transit :
- Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for Jack Penman Photography to investigate the claim.
- Goods leaving Jack Penman Photography's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
1. Prior to acknowledging delivery to the carrier the Customer must ensure that the complete consignment as per the carrier's note has been received.
2. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
3. Within 7 days of receipt of consignment the Customer must ensure that all goods received are in good order and condition.
* No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by Jack Penman Photography details of any claim should be advised to Jack Penman Photography.
Return of Goods
Goods supplied in accordance with the Customer's order can only be returned with the express written approval of Jack Penman Photography.
Property and Risk
- Risk (including insurance responsibility) shall pass to the Customer on collection of the goods by the Customer or on the delivery by Jack Penman Photography or by the source to the Customer or his agent or to a carrier for delivery to the Customer.
- Ownership of all goods sold by Jack Penman Photography ("the goods") is retained by Jack Penman Photography until full payment is received for all amounts owing in respect of all goods supplied.
Until full payment is made the Customer agrees to:
1. Enable the goods to be readily identifiable as the property of Jack Penman Photography.
2. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by Jack Penman Photography.
3. On a sale or other realisation of the goods the Customer shall identify and separately account for the proceeds of sale.
Errors or Omissions
Jack Penman Photography is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to Jack Penman Photography's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the Customer. Jack Penman Photography will notify they Customer promptly of any error or omission discovered by Jack Penman Photography, and give the Customer the option of returning the goods for a full refund.
Description of Products
Modifications and improvements to Jack Penman Photography's products are constantly being made. Also, Jack Penman Photography relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on Jack Penman Photography. If the goods do not match the description on the Company's website, the Customer should inform the Company immediately so that Jack Penman Photography may take appropriate action.
Jack Penman Photography shall not be liable to the Customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond Jack Penman Photography's control.
The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.
Personal Property Securities Act 1999
* Until full payment has been received in respect of the goods supplied the Customer acknowledges and agrees that:
1. These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
2. A security interest is taken in all goods previously supplied by Jack Penman Photography to the Customer (if any) and all goods that will be supplied in the future by Jack Penman Photography to the Customer during the continuance of the parties relationship;
* The Customer undertakes to:
1. Sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which Jack Penman Photography may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
2. Indemnify, and upon demand reimburse, Jack Penman Photography for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
3. Not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of Jack Penman Photography;
4. Give Jack Penman Photography not less than 14 days prior written notice of any proposed change in the Customer's name and/or any other change in the Customer's details (including but not limited to, changes in the Customer's address, facsimile number, or business practice); and
5. Immediately advise Jack Penman Photography of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
* Unless otherwise agreed to in writing by Jack Penman Photography, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA
Disputes and Proper Law
* Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
* The contract including these terms and conditions of sale shall be governed by New Zealand Law.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY LAW, Jack Penman Photography IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE COMPANIES WEBSITE, SERVICES OR PRODUCTS OR THOSE OF THIRD PARTIES, EVEN IF Jack Penman Photography HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE OR ANY RELATED SERVICE RUN BY Jack Penman Photography ON ITS SERVERS, OR INM THE EVENMT OF THE INABILITY OF THE COMPANY TO DELIVERY ANY GOODS ON TIME; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.