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Terms of Service

By using this website and its pages:
You agree to these terms and conditions of use
Where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do, agree to these Terms on that person’s behalf and that by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
Any user that does not agree to these Terms is not authorised to access and use the website and must immediately cease doing so. We may amend these Terms in whole or in part from time to time. Amendments will be effective immediately when we post the amended Terms on the website. You are responsible for ensuring that you are familiar with the latest Terms. By continuing to use the website, you agree to be bound by the Terms as amended (whether or not you have reviewed any amendments).
These Terms were last updated on 1st March 2022.

TERMINATION OR SUSPENSION OF ACCOUNTS

If a user does not abide by these Terms, Aitkens may terminate or suspend that user’s account and refuse to provide its products and/or services to that user for any reason and at any time without notice.

DISCLAIMER AND LIABILITY LIMITATION

We endeavour to provide accurate and correct information on this website. However, Aitkens accepts no responsibility to you or any other person for incorrect information and reserves the right to change specifications, prices, etc. at any time without notice.
Aitkens has no liability or responsibility to you or any other person for any loss in connection with these Terms, the website, or your access and use of (or inability to access or use) the website. To the maximum extent permitted by law, this exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
The internet is not a secure environment. If you send us any information, including your email address, it is sent at your own risk.
Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded. To the extent our liability cannot be excluded but can be limited, our liability is limited to NZD$100.

INTELLECTUAL PROPERTY

We own all copyright and other intellectual property rights on this website. All rights are reserved. You may download and temporarily store one or more of these pages for the sole purpose of viewing on a personal computer or mobile device via a web browser and to print pages for your own personal use. Otherwise, you must not copy, display, modify, reproduce, store in a retrieval system, transmit (in any form or by any means), distribute, use for creating derivative works or use in any other way for commercial or public purposes any part of this website without our prior written consent.
Please let us know if you believe someone is infringing our rights, by reporting the use to belynda@aitkens.co.nz.
By agreeing to the Terms, you will be taken to have read and agreed to our Privacy Policy, as amended from time to time.
While we use cookies to improve our customers’ online experience, if you do not wish to allow cookies then you can choose to disable cookies (for all sites) from within your browser settings.

REFUSING OR CANCELLING ORDERS POLICY

In the unlikely event that the goods or services you have ordered are no longer available, Aitkens reserves the right to refuse or cancel an order. We reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to be placed for commercial purposes, e.g. any kind of reseller.
We also reserve the right to refuse or cancel any orders that we believe, solely by our own judgement, to have been placed fraudulently or by error. While we endeavour to ensure that the price and description of goods or services is accurate, if there is an error in the process of listing a product or service on our website or a technical error in the processing of your order, we reserve the right to refuse or cancel the order.
Once an order has been accepted by Aitken & Co. Limited (the Company), the Customer can only cancel, vary or suspend the order upon the following conditions:
• The Customer agrees to accept delivery of any goods held by and all goods in transit to the Company in respect of such orders which are non-returnable to the supplier or may not be saleable to other parties.
• The Customer agrees to pay all costs, expenses and liabilities incurred by the Company in consequence of the cancellation, variation or suspension of the order and accept potential delay, this may include a restocking fee.

JURISDICTION

These Terms and Policies are governed by and are to be interpreted in accordance with New Zealand law. Any claims or disputes between us concerning this website will be resolved by the New Zealand courts. To the fullest extent permitted by law, we will not be liable for any failure of this website to comply with the laws of any other country.

GENERAL

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.
These Terms set out everything relating to your use of the website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.
Aitkens is a business to business organisation which sells products for industry professionals. However, lots of our products can be purchased and used for non-commercial use. If you are not sure whether a product is suitable for non-commercial use, please get in touch with us by emailing sales@aitkens.co.nz or calling 0800 424 853.

WARRANTY POLICY

Any issue resulting directly from faulty or defective materials or workmanship in the building, assembly or testing of equipment prior to being dispatched from the manufacturer. This is under the proviso that equipment has been installed and maintained strictly in accordance with OEM instructions in this regard, and is only applicable to works undertaken during normal working hours (no after-hours component to ANY warranty claim).

Exclusions:
The following listing of items are those NOT covered under warranty, either generally as an industry, or as a specific exclusion by a manufacturer. As such we cannot warrant these items or spare parts and the cost thereof needs to be recouped.

  • Glass – including panels, bulbs, lamps, screens, and any other part that contains glass
  • Hinges, handles, knobs, levers, dials & switches – these are considered to be high use / high wear parts and are specifically excluded from most manufacturer’s warranty policies, although generally this is treated on a case-by-case basis.
  • Cosmetic finish, discolourations, marks & scratches Direct, indirect, or consequential losses (time, production, product etc.)
  • Displays, screens, touch pads etc.
  • Fuses, circuit breakers, any other resettable or replaceable safety cut-outs
  • Seals, gaskets, drive belts / chains, springs
  • Anything external to the unit (including cables, pipes, hoses, fittings etc.) and generally any accessories supplied with equipment
  • Faulty or incorrect installation or other party service work Site issues (power, ventilation, extraction, temperatures, water etc.) Normal wear & tear
  • Any user-replaceable part
  • Any calibration, programming, adjustments or similar required
  • Any equipment installed / mounted to a mobile platform, such as wagons, caravans, trailers etc.
  • Freight or transportation costs for equipment, spares, or any other item/s

Please note the following conditions:
Any unauthorized repairs, modifications, misuse, neglect, alteration, circumvention of safeties, or user damage will result in the warranty being voided.
Incorrect installations, non-OEM parts, or equipment being used outside of manufacturer’s specifications will also result in voiding of the warranty. Failure to properly maintain equipment will void warranty.
This means a Preventative Maintenance needs to be undertaken on ALL equipment during the warranty period
This listing is not definitive and will only serve as a general guideline. This listing will be under constant review and will change as various manufacturer’s change and amend their policies.

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Terms & Conditions of Trade

Please read the full terms and conditions before signing below.

1. Definitions

1.1 "Contract" means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.

1.2 "Aitken & Co" means Aitken & Co Limited, its successors and assigns or any person acting on behalf of and with the authority of Aitken & Co Limited.

1.3 "Customer" means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Aitken & Co to provide the Services, and: (a) if there is more than one Customer, is a reference to each Customer jointly and severally; (b) if the Customer is a partnership, it shall bind each partner jointly and severally; (c) if the Customer is part of a trust, shall be bound in their capacity as a trustee; and (d) includes the Customer's executors, administrators, successors and permitted assigns.

1.4 "Goods" means all Goods or Services supplied by Aitken & Co to the Customer at the Customer's request from time to time.

1.5 "Price" means the Price payable (plus any GST where applicable) for the Goods as agreed between Aitken & Co and the Customer in accordance with clause 4 of this Contract.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for Goods, or accepts Delivery.

2.4 The Customer acknowledges that the supply of Goods on credit shall not take effect until the Customer has completed a credit application with Aitken & Co and it has been approved with a credit limit established for the account.

2.5 In the event that the supply of Goods requested exceeds the Customer's credit limit and/or the account exceeds the payment terms, Aitken & Co reserves the right to refuse Delivery.

2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017.

3. Change in Control

3.1 The Customer shall give Aitken & Co not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer's details. The Customer shall be liable for any loss incurred by Aitken & Co as a result of the Customer's failure to comply with this clause.

4. Price and Payment

4.3 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Aitken & Co, which may be: (a) on order placement; or (b) for credit account holders, twenty (20) days following the end of the month of the date of any invoice/s and/or statement; or (c) the date specified on any invoice; or (d) failing any notice to the contrary, the date which is seven (7) days following date of any invoice furnished to the Customer.

4.5 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Aitken & Co, nor to withhold payment of any invoice because part of that invoice is in dispute.

4.6 Unless otherwise stated the Price does not include GST. The Customer must pay GST at the same time and on the same basis as the Customer pays the Price.

6. Delivery

6.5 Aitken & Co's estimated time for Delivery is between three (3) to seven (7) days from confirmed receipt of the Customer's order and/or payment, which may be increased by one (1) or two (2) days for rural areas. Any time or date given by Aitken & Co is an estimate only. The Customer must still accept Delivery even if late.

7. Risk

7.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.

7.4 Aitken & Co is not responsible for any loss or damage to the Goods in transit. The Customer must lodge a claim with the carrier within twenty-four (24) hours of the date of receipt of the Goods.

8. Title

8.1 Ownership of the Goods shall not pass until: (a) the Customer has paid Aitken & Co all amounts owing; and (b) the Customer has met all of its other obligations to Aitken & Co.

8.3 Until ownership passes, the Customer is only a bailee of the Goods and must return the Goods to Aitken & Co on request. The Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value.

9. Personal Property Securities Act 1999 (PPSA)

9.1 Upon assenting to these terms and conditions the Customer acknowledges that these terms and conditions constitute a security agreement for the purposes of the PPSA, and a security interest is taken in all Goods supplied.

9.2 The Customer undertakes to: (a) sign any further documents and/or provide any further information which Aitken & Co may reasonably require to register a financing statement on the Personal Property Securities Register; (b) indemnify Aitken & Co for all expenses incurred in registering a financing statement; and (c) not register a financing statement in favour of a third party without the prior written consent of Aitken & Co.

10. Security and Charge

10.1 In consideration of Aitken & Co agreeing to supply the Goods, the Customer charges all of its rights, title and interest in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions.

11. Defects, Returns and Warranties

11.1 The Customer shall inspect the Goods on Delivery and shall within seven (7) days notify Aitken & Co of any alleged defect, shortage in quantity, damage or failure to comply with the description, order or quotation.

11.2 Returns will only be accepted provided that: (a) the Customer has complied with clause 11.1; (b) Aitken & Co has agreed in writing to accept the return; (c) the Goods are returned at the Customer's cost within ten (10) days of Delivery; and (d) the Goods are returned in the condition in which they were delivered with all packaging material.

11.3 Aitken & Co may, in its absolute discretion, accept non-defective Goods for return, in which case handling fees of up to fifteen percent (15%) of the value of the returned Goods plus any freight costs may be charged.

13. Default and Consequences of Default

13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due at a rate of two and a half percent (2.5%) per calendar month (compounding monthly at Aitken & Co's sole discretion) after as well as before any judgment.

13.2 If the Customer owes Aitken & Co any money the Customer shall indemnify Aitken & Co from and against all costs and disbursements incurred in recovering the debt including legal costs on a solicitor and own client basis, collection agency costs, and bank dishonour fees.

14. Cancellation

14.3 In the event that the Customer cancels this Contract or Delivery, the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Aitken & Co as a direct result of the cancellation (including, but not limited to, any loss of profits).

15. Privacy Policy

15.3 The Customer authorises Aitken & Co or Aitken & Co's agent to: (a) access, collect, retain and use any information about the Customer (including name, address, D.O.B, occupation, driver's licence details, electronic contact details, previous credit applications, and credit history) for the purpose of assessing the Customer's creditworthiness or for the purpose of marketing products and services; and (b) disclose information about the Customer to any other credit provider or credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

15.5 The Customer shall have the right to request from Aitken & Co (by e-mail) a copy of the Personal Information retained by Aitken & Co and the right to request that Aitken & Co correct any incorrect Personal Information.

16. General

16.2 These terms and conditions shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Christchurch Courts of New Zealand.

16.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

16.8 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

I agree that if I am a director/shareholder (owning at least 15% of the shares) of the Customer I shall be personally liable for the performance of the Customer's obligations under this contract.

Declaration & Signature

I certify that the above information is true and correct and that I am authorised to make this application for credit. I have read and understood the Terms and Conditions of Trade of Aitken & Co Limited above and agree to be bound by these conditions. I authorise the use of my personal information as detailed in the Privacy Act clause therein.

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