Terms & Conditions
General Terms and Conditions of Sale
1. Application of Terms
1.1 These General Terms and Conditions of Sale (“Terms”) apply between ZeroJet Limited, a New Zealand registered company number 5743831 (“ZeroJet”), and you (“the Customer”) and govern the purchase of any products (“Products”) by you from ZeroJet (unless such purchase has been undertaken in conjunction with Specific Terms and Conditions of purchase as specified by ZeroJet in writing to you (“Alternative Terms”), in which case the Alternative Terms will prevail).
1.2 These Terms shall be deemed to have come into legal effect, and be legally binding on the Parties, by:
(a) the Parties signing any document or form confirming their agreement to these Terms (which may be signed by electronic means); or
(b) the Customer receiving a copy of these Terms from ZeroJet and the Customer either agreeing to them in writing or by the Customer accepting the Products from ZeroJet or, if earlier, paying any money to ZeroJet.
2.1 ZeroJet reserves the right to change these Terms from time to time. Changes will be effective immediately upon being provided to the Customer or placed on the Website. A change to the Terms will not apply to Products ordered prior to the date of the change.
3.1 Products may be ordered by contacting a ZeroJet representative.
3.2 ZeroJet will provide the Customer with a quote which contains the date of the order, quantity and description of the Products required by the Customer and the Delivery Location. The quote is valid until the expiry date noted on the quote.
3.3 If the Customer accepts the quote and ZeroJet accepts the order, ZeroJet will issue an invoice for the Deposit.
3.4 Upon issuing an invoice for the Deposit, ZeroJet will agree a Target Delivery Date with the Customer.
3.5 The Customer shall pay the Deposit to ZeroJet within 10 days of receipt of the invoice. Payment of the Deposit will secure the Customer’s place in the production queue and the sale price. The order is not confirmed until an invoice has been issued and the Deposit has been received by ZeroJet.
3.6 The Customer will be responsible for the payment of freight and insurance to the requested Delivery Location. This final freight amount to be paid will be confirmed at the time of shipping. Payment is required in full before shipping.
3.7 You may not cancel an order accepted by ZeroJet, except with the prior written agreement of ZeroJet.
3.8 ZeroJet will use all reasonable endeavours to dispatch orders to meet the Target Delivery Date but will be under no liability to the Customer for any delay to make delivery of the Products.
3.9 If there is any conflict or inconsistency between the terms of these Terms and any order, the provisions if these Terms shall prevail to the extent of that conflict or inconsistency.
4. Pricing, Invoices and Payment
4.1 Prices for the Products are as agreed in writing between ZeroJet and the Customer. ZeroJet reserves the right to amend the prices from time to time without notice.
4.2 Payment for the Products and applicable taxes and other Third-Party Charges must be made in full before physical delivery or collection of Products.
4.3 The Parties may at any time mutually agree in writing to change the Sale Price to account for changes to the Products specifications or any optional extras added to the order prior to delivery of the Products to the Customer. The Final Payment amount will reflect any such changes.
4.4 ZeroJet shall issue an invoice to the Customer when the Final Payment is due. The Customer shall pay the Final Payment within 10 days of the date of such invoice. Arrangements for delivery will not be finalised until the Final Payment is received.
4.5 The Customer shall pay to ZeroJet the amounts specified in each invoice issued by ZeroJet in New Zealand dollars (except where agreed otherwise in writing by the Parties) and into the bank account specified in writing by ZeroJet.
4.6 The Customer shall be solely responsible and liable for the remittance and payment of any and all taxes, charges, levies, duties, fees, assessments and other fees of any kind, however designated, imposed by governmental or other authority in respect of the sale, purchase, importation and use of the Products.
5.1 On receipt of full payment of the Sale Price, ZeroJet shall deliver (or procure delivery of) the Products to the Delivery Location.
5.2 The Target Delivery Date is advised to the Customer in good faith and ZeroJet shall advise the Customer of any delays to the Target Delivery Date. However, failure to deliver the Products on or before the Target Delivery Date shall not constitute a breach of these Terms.
5.3 Title to the Products passes to you upon:
(a) delivery of the Products to your designated delivery address in accordance with these Terms (whether or not you take delivery) and full payment received; or
(b) collection of the Products by you or your agent in accordance with these Terms and full payment received.
6. Limitation of Liability
6.1 ZeroJet’s maximum aggregate liability arising under or in connection with these Terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation or otherwise, shall in all circumstances be limited to the amounts actually paid by the Customer to ZeroJet under these Terms.
6.2 ZeroJet shall not be liable to the Customer for any indirect, consequential or special loss or damage, loss of revenue, economic loss or damage, loss of business or profits or anticipated business or profits, loss of goodwill, loss of anticipated savings or for any business interruption, whether or not that loss was, or ought to have been, contemplated by ZeroJet.
6.3 The Parties agree that this clause 6 shall survive the termination of these Terms.
7.1 Refer to our written warranty included with the Products and available on the Website (“Warranty Policy”).
7.2 The Warranty Policy covers use of the Products for personal use only.
7.3 Subject to applicable consumer protection laws, where there is a failure that amounts to a breach of an applicable consumer guarantee, ZeroJet will repair, replace, or provide a refund of the price for the Products in accordance with applicable consumer protection laws.
7.4 If you are, or you have represented that you are, acquiring Products for the purposes of a business, the Parties agree that:
(a) the Warranty Policy does not apply to the Products that you purchase;
(b) to the maximum extent permissible by law, neither the New Zealand Consumer Guarantees Act 1993 nor any other consumer protection laws apply to the Products that you purchase or these Terms; and
(c) it is fair and reasonable that the Parties are bound by these Terms, including this clause 11.5.
7.5 Where you believe that you have purchased any Product that does not meet the Warranty Policy or any applicable consumer protection laws, or you have received an incorrect Product please contact ZeroJet at email@example.com and ZeroJet will arrange with you the process for:
(a) determining if the Product is defective; and/or
(b) returning the Product to us; and/or
(c) providing you with any remedy to which you may be entitled.
7.6 If you seek inspection and/or servicing of Products where there is no legitimate claim under the Warranty Policy or any applicable consumer protection laws then you will bear the cost of such servicing or inspection.
7.7 ZeroJet makes no representation or warranty that the Products, your purchase of the Products or any use of the Products is legal or appropriate in all countries, or that the user, service, and operating manual(s) for the Products satisfies the laws of all countries. You are responsible for ensuring that your purchase, importation and use of the Products is not illegal or prohibited, and for your own compliance with applicable local laws.
8. General Provisions
8.1 Compliance: You must at all times comply with the user, service, and operating manual(s) for the Products.
8.2 No Assignment: You must not assign or otherwise transfer any rights and obligations under these Terms whether in whole or in part without the prior written consent of ZeroJet.
8.3 No Waiver: No Party will be deemed to have waived any right under these Terms unless the waiver is in writing and signed by that Party.
8.4 Force Majeure: Except for the Customer’s payment obligation, neither ZeroJet or the Customer are liable for any breach or non-observance of any of these Terms if such breach results from or is caused by reason or on account of any circumstances beyond their control including (but without limitation) acts of God or the Government’s enemies, revolution, rebellion, insurrection, riots, pandemic, civil commotion, strikes, lock-outs of workmen, embargoes, confiscation, expropriation, floods, natural disasters or any inevitable accident. A Party shall not be entitled to claim relief under this clause if the failure was caused by a lack of funds of that Party.
8.5 Severance: If any provision of these Terms is found by a court or other competent authority to be void or unenforceable, such provision will be deemed to be deleted from these Terms and the remaining provisions of these Terms will continue in full force and effect.
8.6 Governing Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of New Zealand and the Parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for any matter arising under or relating to these Terms.
Definitions and Interpretation
9.1 In these Terms, the following definitions apply:
Delivery Location means the location where ZeroJet must deliver the Products to the Customer.
Deposit means the deposit payable for the Products, as agreed in writing by ZeroJet and the Customer.
Final Payment means the final payment due for the Products, as agreed in writing by ZeroJet and the Customer.
Parties means the parties to these Terms, and Party means either one of them.
Sale Price means the total sale price for a Products, as agreed in writing by ZeroJet and the Customer.
Products means the products ZeroJet agrees to supply you.
Target Delivery Date means the date on which ZeroJet intends to make delivery of the Products to the Customer.
Third-Party Charges means any fees charged by third parties in relation to your transaction, including any taxes, duties or other liabilities imposed by any governmental agency (including any customs duty), credit card transaction fees and foreign currency conversion fees, shipping, insurance and handling charges.
Website means www.zerojet.nz.