Affordable eBike subscription service.
This E-bike is designed with a tough aluminium frame, and an adjustable handlebar/stem setup, with a sprung seat post for improved comfort. The low top tube, makes the bike sturdy and strong yet comfortable and easy to mount whilst providing additional protection to the battery.
You can contribute up to 3 months of your current subscription payments to the purchase of a new bike* (Maximum of $420 There is currently a delay in step-thru bikes available to purchase and some models may not be available).
The following definitions and rules of interpretation apply in this agreement.
Business Day a day, other than a Saturday, Sunday or public holiday
Commencement Date: the date on which the Order is placed.
Delivery: the transfer of physical possession of the Equipment to the Lessee at the location specified in the Order.
Delivery Date: Date on which the Equipment is delivered to the Lessee.
Deposit: the deposit amount set out in clause 6.5
Equipment: the items of equipment listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.
Rental Payments: the payments made by or on behalf of Lessee for hire of the Equipment pursuant to clause 6 of these terms.
Rental Period: the period of hire as set out in clause 4.
Replacement Cost: the sum of $2,500.
Risk Period: the period during which the Equipment is at the sole of the risk of the Lessee as set out in clause 8.2.
Total Loss: due to the Lessee's default the Equipment is, in the Lessor's reasonable opinion or the opinion of its insurer(s), damaged beyond repair, lost, stolen, seized or confiscated.
GST: value added tax or any equivalent tax chargeable in NZ.
What these terms cover. These are the terms and conditions on which we hire equipment to you, the Customer.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will hire Equipment to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
Your attention is drawn in particular to the provisions of clauses 8 & 10. Please read this information very carefully as it contains important information regarding liability and information regarding the safe use of Lithium batteries. Please do not hire an E-Bike from us if you are under the age of 14.
Information about us and how to contact us
Who we are. We are Cruz E Bikes LTD a company registered in New Zealand. Our company registration number is 7584661 and our registered office is at 14 Palazzo Drive, Papamoa Beach, Tauranga. Our registered GST number is 129701285.
How to contact us. You can contact us by telephoning 028 85138099 or by writing to us at email@example.com or to our registered office address as above at 2.1.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Contract for Equipment Hire
The Lessor shall hire the Equipment to the Lessee subject to these Terms and Conditions.
The Lessor shall not, other than in the exercise of its rights under these terms or applicable law, interfere with the Lessee’s quiet possession of the Equipment.
The Rental Period starts on the date the Order is placed and shall subject to the terms of this agreement continue for a minimum period of 3 months. Unless terminated at the end of the initial 3 month period, the Rental Period shall continue subject to the terms of this agreement unless or until terminated by either party giving the other not less than one months’ notice in writing after the end of the four month period.
Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we are unable to accept your order, we will inform you of this and will not charge you. This might be because the Equipment you seek to hire is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the equipment or because we are unable to meet a delivery deadline you may have specified.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Our website is solely for the hire of equipment in NZ. Unfortunately, we do not accept orders from or deliver to addresses outside NZ.
Rental Payments and Deposit
The Lessee shall pay the Lessor a hire fee (as outlined in the Order) plus GST (at the applicable rate in force from time to time) per month for the Equipment. The Lessee shall pay the first three month’s hire fee in advance at the Commencement Date and thereafter shall pay each monthly hire fee by no later than the 23rd day of each month. The Rental Payments shall be paid in NZ Dollars and shall be made by direct debit or credit card.
All Rental Payments shall be paid in NZ Dollars and shall be made by electronic bank transfer or direct debit.
All amounts due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
If the Lessee fails to make a payment due to the Lessor under this agreement by the due date, then, without limiting the Lessor's remedies under clause 11, the Lessee shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.
Interest under this clause will accrue each day at 4% a year above the Bank of NZ's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
The Deposit is a deposit against default by the Lessee of payment of any Rental Payments, any loss of or damage caused to the Equipment, any administration charges for failed payments, any collection of equipment required due to damage and the failure to return battery keys or battery chargers at the end of subscription. The Lessee shall, on the Commencement Date, pay a deposit to the Lessor. If the deposit is not paid the Order will be cancelled.
If the Lessee fails to make any Rental Payments in accordance with this clause 6, or causes any loss or damage to the Equipment (in whole or in part), the Lessor shall be entitled to apply the Deposit against such default, loss or damage.
The Lessee shall pay to the Lessor any sums deducted from the Deposit within ten Business Days of a demand for the same. The Deposit (or balance of the Deposit) shall be refundable within ten Business Days of the end of the Rental Period.
The Lessee will continue to be responsible for and shall continue to pay the Rental Payments in respect of the Equipment or any part of the Equipment that is damaged or beyond repair until either the Equipment is in a condition fit for rehire or the Replacement Cost is paid.
The Lessee will continue to be responsible for and shall continue to pay the Rental Payments in respect of the Equipment or any part of it in the event that the Equipment is lost or stolen until the replacement fee in clause 8.8 has been paid.
The Lessee will continue to be responsible for the Rental Payments whilst the Equipment is undergoing any necessary repairs due to any reason other than fair wear and tear.
The Lessor shall be entitled, but not obliged, at any time or times without notice to the Lessee to set off the amount of monies due to it by the Lessee against any liability of the Lessor to the Lessee under this agreement.
Delivery shall be made by the Lessor. The Lessor shall use all reasonable endeavours to effect Delivery by the Delivery Date. Risk shall transfer in accordance with clause 8 of this agreement.
The cost of Delivery (where applicable) will be displayed to you on our website on completion of your order.
If our supply of the Equipment is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund of any rental payments you have paid for to date.
If you are not at home and no one is available to take delivery we will leave you a note informing you of how to rearrange delivery. If you do not contact us to re-arrange the delivery we will contact you for further instructions and may charge you reasonable storage and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract.
If we deliver the Equipment late or miss the deadline for delivery for any equipment, you may treat the contract as at an end if we have refused to deliver the Equipment, delivery within the deadline was essential and you told us before we accepted the order that delivery by the deadline was essential.
If a situation arises under clause 7.5 and you do not wish to end the contract, you may set a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
Title, Risk & Insurance
The Equipment shall at all times remain the property of the Lessor, and the Lessee shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of this agreement).
The risk of loss, theft, damage or destruction of the Equipment shall pass to the Lessee on Delivery. The Equipment shall remain at the sole risk of the Lessee during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Lessee (Risk Period) until such time as the Equipment is redelivered to the Lessor. During the Rental Period and the Risk Period, the Lessee shall, at its own expense, obtain and maintain the following insurances: (a) insurance of the Equipment to a value not less than its full replacement value comprehensively against all usual risks of loss, damage or destruction by fire, theft or accident, and such other risks as the Lessor may from time to time nominate in writing; (b) insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as the Lessor may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment; and (c) insurance against such other or further risks relating to the Equipment as may be required by law, together with such other insurance as the Lessor may from time to time consider reasonably necessary and advise to the Lessee in writing.
All insurance policies procured by the Lessee shall be endorsed to provide the Lessor with at least twenty Business Days' prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall on the Lessor's request name the Lessor on the policies as a loss payee in relation to any claim relating to the Equipment. The Lessee shall be responsible for paying any deductibles due on any claims under such insurance policies.
The Lessee shall give immediate written notice to the Lessor in the event of any loss, accident or damage to the Equipment arising out of or in connection with the Lessee's possession or use of the Equipment.
If the Lessee fails to effect or maintain any of the insurances required under this agreement, the Lessor shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Lessee.
The Lessee shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to the Lessor and proof of premium payment to the Lessor to confirm the insurance arrangements.
The Lessor will carry out fair wear and tear repairs to the Equipment at no extra cost to the Lessee, however the Lessee will be responsible for all costs and expenses related to rectifying any damage to any of the Equipment which is not fair wear and tear (including any damage caused by the Lessee or persons appointed by it carrying out maintenance and repair work in breach of clause 10.1d to return it to a suitable condition for rehire. The Lessor will be entitled to charge the Lessee a collection charge of $75.00 + GST to cover the costs of collection in these circumstances.
In the event that the Lessor determines that the Equipment is beyond repair for reasons other than fair wear and tear the Lessee shall pay the Lessor the Replacement Cost for such items of Equipment.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Equipment. Your Equipment may vary slightly from those images.
The packaging of the product may vary from that shown in images on our website.
If we are providing equipment to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. We will contact you once you have placed your order to discuss sizes.
The Lessor warrants that the Equipment shall substantially confirm to its specification, be of satisfactory quality and fit for any purpose held out by the Lessor. The Lessor shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment which manifests itself during the Rental Period from the date of Delivery, provided that: (a) The Lessee notified the Lessor of any defect in writing within ten Business Days of the defect occurring or becoming aware of the defect; (b) The Lessor is permitted to make a full examination of the alleged defect; (c) The defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Lessor’s authorised personnel; (d) The defect did not arise out of any information, design or other assistance supplied or furnished by the Lessee or on its behalf; and (e) The defect is directly attributable to defective material, workmanship or design.
Insofar as the Equipment comprises of or contains equipment or components which were not manufactured or produced by the Lessor, the Lessee shall be entitled only to such warranty or other benefit as the Lessor has received from the manufacturer.
If the Lessor fails to remedy any material defect in the Equipment in accordance with clause 9.4, the Lessor shall, at the Lessee’s request, accept the return of part or all of the Equipment and make an appropriate reduction to the Rental Payments payable during the remaining term of the agreement and, if relevant, return any deposit (or any part of it).
The Lessor will use reasonable endeavours to provide the Lessee with a replacement whilst Equipment is undergoing repair or maintenance that was not as a result of: (a) misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Lessor’s authorised personnel;
By hiring Equipment from us you are acknowledging that you are over the age of 14 and are aware of the operational hazards associated with the Equipment and you agree to take the following steps to ensure safe usage: (a) ensure that the Equipment is kept and operated in a suitable environment, is used only for the purposes for which it is designed, and operated in a proper manner by trained competent staff in accordance with any operating instructions provided by the Lessor; (b) ensure that you carry out regular risk assessments of hazards associated with the storage and use of E-Lithium batteries and shall at all times hold and store such batteries in a safe manner; (c) take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set, used, cleaned or maintained by a person at work; (d) notify the Lessor where any maintenance is required as soon as possible and keep the Equipment in good condition (fair wear and tear only excepted) including replacement of worn, damaged and lost parts. You confirm that you will only instruct the Lessor to carry out any maintenance or repair work to the Equipment; (e) make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Lessor unless to comply with any mandatory modifications required by law or any regulatory authority; (f) permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter on the Site or any premises at which the Equipment may be located, and shall grant reasonable access and facilities for such inspection; (g) not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; (h) not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal; (i) not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment; (j) not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation; (k) not use the Equipment for any unlawful purpose; (l) immediately report any theft or loss of the Equipment to the Lessor; (m) ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment; (n) deliver up the Equipment at the end of the Rental Period at such address as the Lessor requires, or if necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment; and (o) not do or permit to be done anything which could invalidate the insurances referred to in clause 8.
The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee shall indemnify the Lessor in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Lessor arising out of, or in connection with any failure by the Lessee to comply with the terms of this agreement.
The Lessee acknowledges that the Lessor shall not be responsible for any damage or injury caused to any person arising out of the Lessee’s failure to comply with its responsibilities set out in clause 10.1 and shall indemnify the Lessor in full against all and any claims made against the Lessor as a result.
The Lessee confirms and understands that in order to meet the NZ Transport requirements of using the E-Bike on a public highway, the motor in the bike must not exceed a power output of more than 300W and should not electrically propel the bike when travelling more than 32 kilometers per hour. E-Bikes exceeding this output are only suitable for use on private land. For more information on E-Bikes and the requirements, please see www.https://www.nzta.govt.nz/walking-cycling-and-public-transport/cycling/cycling-in-new-zealand/electric-bikes/
Your rights to make changes
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Rental Payments or Deposit required, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
Our rights to make changes
We may change the product: (a) to reflect changes in relevant laws and regulatory requirements; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
In addition, as we informed you in the description of the Equipment on our website, we may make the following changes to these terms or the Equipment, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Equipment paid for but not received:
We may need certain information from you so that we can hire the Equipment to you, for example, height or weight calculations. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the equipment late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
We may have to suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; (b) update the product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the equipment as requested by you or notified by us to you (see clause 6).
Your rights if we suspend the delivery of Equipment
We will contact you in advance to tell you we will be suspending delivery of the Equipment, unless the problem is urgent or an emergency. If we have to suspend the product will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
Your rights to terminate the contract:
if the equipment you have ordered is faulty or misdescribed you may have a legal right to end the contract or to get the equipment repaired or replaced or to get some or all of your money back;
if you are ending the contract because of the reasons set out at (i) to (v) below the contract may end immediately and we will refund you in full for any Rental Payments or Deposit made;
i. we have told you about an upcoming change to the Equipment or these terms which you do not agree to (see clause 12); ii. we have told you about an error in the price or description of the Equipment you have ordered and you do not wish to proceed; iii. there is a risk that delivery of the Equipment may be significantly delayed because of events outside our control; iv. we have suspended delivery of the Equipment for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or v. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 13).
you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Guranatees Act, are explained in more detail in these terms. Although, you do not have a right to change your mind in respect of digital products you have started to download, services once completed, products sealed for health or hygiene purposes if they have been unsealed after receiving them, sealed audio or video recordings or sealed computer software once these products are unsealed after you receive them and any products which become mixed inseparably with other items after delivery.
if you wish to end the contract where we are not at fault and there is no right to change your mind, you can still do this after the initial three month rental period by giving us one months’ notice of cancellation of the contract. To do this, please contact us by email, phone or by post.
Our rights to terminate the contract:
Without affecting any other right or remedy available to it, the Lessor may terminate this agreement with immediate effect by giving written notice to the Lessee if: (a) the Lessee fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 10 days after being notified in writing to make such payment; (b) the Lessee commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified in writing to do so; (c) the Lessee repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement; (d) the Lessee suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts; (e) the Lessee commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; (f) the Lessee applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986; (g) a person becomes entitled to appoint a receiver over all or any of the assets of the Lessee or a receiver is appointed over all or any of the assets of the Lessee; (h) a creditor or encumbrancer of the Lessee attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Lessee's assets and such attachment or process is not discharged within 14 days; (i) any event occurs, or proceeding is taken, with respect to the Lessee in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 14.1(d) to clause 14.1(k) (inclusive); and (j) the Lessee's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this agreement is in jeopardy.
For the purposes of clause 14.1(b), material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the Lessor would otherwise derive from: (a) a substantial portion of this agreement; or (b) any of the obligations set out in clause 10, Over the term of this agreement. In deciding whether any breach is material no regard shall be had to whether it occurs by some accident, mishap, mistake or misunderstanding.
This agreement shall automatically terminate if a Total Loss occurs in relation to the Equipment.
You must compensate us if you breach the contract. If we end the contract due to a breach you have committed, we will refund any money you have paid in advance for the Equipment as compensation for the net costs we will incur as a result of your breaking the contract.
Consequences of Termination
On expiry or termination of this agreement, however caused: (a) The Lessor’s consent to the Lessee’s possession of the Equipment shall terminate; (b) The Lessor may without notice and at the Lessee’s expense, retake possession of the Equipment where the Lessee has failed to arrange with the Lessor a suitable time for collection of the Equipment within 5 days of Termination; (c) Without prejudice to any other rights or remedies of the Lessee, the Lessee shall pay to the Lessor on demand: (i) Any Rental Payments or other sums outstanding at the date of such demand together with any interest accrued; and (ii) Any costs and expenses incurred by the Lessor in recovering the Equipment or in collecting any sums due under this agreement where the Lessee failed to comply with clause 15.1(b) (d) Any accessories not purchased from us must be removed from the Equipment prior to collection;
We will contact you to arrange a suitable time for collection upon termination of the contract. We reserve the right to charge you for the costs of collection where you are exercising the right to change your mind and we are not at fault.
If you are exercising your legal rights to reject the Equipment you must either return it or allow us to collect it from you. We will pay the costs of postage or collection. Please contact us to arrange collection.
We aim to refund you any remaining deposit within 10 working days of collection of the Equipment subject to the following deductions: (a) We may deduct any sum from the deposit to reflect any reduction in the value of the goods, if this has been caused by your handling of them in such a way that will cause damage that is not otherwise fair wear and tear. If we refund you the deposit before we have had an opportunity to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b) We will make any refunds due to you as soon as possible.
If you have any questions or complaints about the Equipment, please contact us. you can call us, email or write to us.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Summary of your legal rights – we are under a legal duty to hire Equipment that confirm with this contract. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
If your product (Equipment) is goods, the Consumer Guarantees Act says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products [as summarised at clause 14 or including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Guarantee Act
When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
We are not liable for business losses. We supply the products for domestic, business and private use. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Other Important Terms
We may transfer this agreement to someone else - We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee) - You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 19.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by New Zealand law and you can bring legal proceedings in respect of the Equipment in New Zealand.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may wish to contact an appropriate ADR provider.