Chesters Terms Of Trade

Download PDF  ChestersTermsOfTrade.pdf

 

CHESTERS WEBSITE TERMS OF USE

Welcome to the website of Chester’s Plumbing & Bathroom Centre Limited. Chesters is a New Zealand owned and operated business. Please read these terms of use of our websites as they apply to your use of any Chesters website and the sale of our products and the services provided by any of our websites. By using our websites, you are deemed to have agreed to be bound by these terms of use. If you do not accept these terms you must refrain from using this or any other Chesters website.

TERMINOLOGY

In these terms of use, the expressions “Chesters”, “we”, “us” and “our” are a reference to Chester’s Plumbing & Bathroom Centre Limited. In these terms of use the expression “this website” includes this website or any other Chesters website including Chesters trade website. In these terms of use the expression “Confidential Information” includes all information exchanged between you and Chesters, whether in  writing, electronically or orally but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by you or Chesters.

ADDITIONAL TERMS

You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this website, prior to being able to obtain or participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these website terms of use. In the event of any inconsistency between these website terms of use and any promotion or competition terms and conditions, the relevant promotion or competition terms and conditions will prevail.

CHANGES TO TERMS & CONDITIONS

We reserve the right to change these terms of use from time to time. Any changes will be effective immediately upon notification on this website. Your continued use of this website following such notification will represent an agreement by you to be bound by the terms of use as amended.

GENERAL CONDITIONS OF USE

Any service provided by us is done so subject to these website terms of use, Chesters Privacy Policy and any terms and conditions relating to any particular service

Any goods purchased from us are purchased subject to these website terms of use, Chesters Privacy Policy and Chesters Terms of Trade. In the event of any inconsistency between these website terms of use and Chesters Terms of Trade, the terms of trade will prevail.

Chester Privacy Policy and Chesters Terms of Trade can be viewed from the home page of this website.

INFORMATION

All information provided by us pursuant to these terms of use is provided in good faith. You accept that any information provided by us is general factual information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information from time to time. We do not make any representations or warranties that the information (including, but not limited to, graphic information) we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek advice before acting or relying on any information or material which is made available to you.

SALE AND PURCHASE OF GOODS

You may offer to purchase goods described on this website for the price specified on this website. Your order is subject to Chesters Terms of

Trade, or as subsequently described to you.

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to an error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. We will refund any purchase price to you for the product in question.

CURRENCY & GST

All prices listed by us are in New Zealand dollars.

All listed prices on the website for goods for sale to the public are inclusive of New Zealand Goods and Services Tax and are based on Chesters current price list.

All listed prices on the Chester trade website are exclusive of New Zealand Goods and Services Tax. All listed prices are subject to variation in accordance with Chesters Terms of Trade.

CONFIDENTIALITY

You must ensure that all usernames and passwords (if any) required to access this website are kept secure and confidential. You must immediately notify Chesters of any unauthorised use of your passwords or other breach of security and Chesters will reset your password and you must take all other actions that Chesters reasonably deems necessary to maintain or enhance the security of Chesters computing systems and networks.

Unless required to do so by law:

(a)            You and Chesters will preserve the confidentiality of all Confidential Information of the other obtained in connection with these terms of use. Neither you nor Chesters will, without the prior written consent of the other disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these terms of use.

(b)           This clause shall not apply to any information which:

(i)                   is or becomes public knowledge other than by a breach of this clause:

(ii)                  is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;

(iii)                 is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party: or

(iv)                 is independently developed without access to the Confidential Information.

 

DISCLAIMER

We do not accept responsibility for any loss or damage, including any consequential indirect or special damage, of any kind whatsoever however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of or reliance on information contained on this website or accessed through this website, including any link to any other website (Linked Website).

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of or our liability under any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

 

(a)                  If the breach relates to goods purchased from Chesters:

(i)                   the payment of the reasonable cost of having the goods repaired; or

(ii)                  the payment of the reasonable cost of replacing the goods or of acquiring equivalent goods.

(b)                  If the breach relates to services provided by Chesters:

(i)                   supplying the services again; or

(ii)                  the payment of the reasonable cost of having the services supplied again.

 

Nothing in this disclaimer is intended to exclude, restrict or modify a consumer’s rights under the Consumer Guarantees Act 1993.

Goods are subject to the manufacturers’ warranties only. Chesters will pass on the benefit of those warranties to you, without being directly liable under any warranty. Chesters does not provide any warranty that goods are fit and suitable for the purpose for which you require them and shall not be liable if the goods are not suitable for your intended purpose.

SPECIFIC WARNINGS

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any Linked Website.

We do not warrant the accuracy, adequacy or completeness of any information contained on this website, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Responsibility for the content of advertisements (if any) appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements (if any) does not constitute a recommendation or endorsement by Chesters of the advertisers’ products and each advertiser is solely responsible for any representations made by it in connection with its advertisement.

COPYRIGHT

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1994 and similar legislation which applies in your location, and except as expressly authorised by these terms of use, you may not in any form or by any means:

(a)                 adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

(b)                 commercialise any information, products or services obtained from any part of this website.

TRADE MARKS

Except where otherwise specified, any word or device to which is attached the TM is the trade mark and to which is attached the ® symbol is a registered trade mark. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

(a)                 in or as the whole or part of your own trade mark/s;

(b)                 in connection with activities, products or services which are not ours;

(c)                  in a manner which may be confusing, misleading or deceptive; or

(d)                 in a manner that disparages us or our products or services (including this website).

PERSONAL USE

You are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from this website.

WARRANTIES

You warrant that where you have registered to use this website on behalf of another person, you have authority to agree to these terms of use on behalf of that person and agree that by registering to use this website you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these terms of use, without limiting your own personal obligations under these terms of use. If you warrant and represent that you are acquiring the right to access and use this website for the purposes of a business you warrant and represent that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non- business consumers in any jurisdiction does not apply to the goods or services provided to you through the use of this website or these terms of use.

LINKED WEBSITES

This website may contain some hyperlinks to other Linked Websites. These sites have not been prepared by us and are not under our control. Linked Websites are provided for your convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with any Linked Websites. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites.

SECURITY OF INFORMATION

We do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.

INDEMNITY

You agree to indemnify us at all times against any loss, damage or cost (including consequential loss or damage) suffered or incurred by us as a direct or indirect result of any inaccurate or incomplete information provided by you to us or any breach by you of any of your obligations under these terms of use.

PARTIAL INVALIDITY

If any provision of these terms of use is or becomes invalid or unenforceable, that provision will be deemed deleted from these terms of use. The invalidity or unenforceability of that provision will not affect the other provisions of these terms of use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

GOVERNING LAW

These terms of use will be subject to the laws of New Zealand and the users of this website submit to the exclusive jurisdiction of the New Zealand courts.

TERMINATION OF ACCESS

Access to this website may be terminated at any time by us without notice. The provisions in these terms of use relating to confidentiality,

copyright, trade mark, disclaimer, limitation of liability, Linked Websites and governing law will survive any termination.

QUERIES

If you have any questions or concerns in relation to Chesters websites, these website terms of use, Chesters Privacy Policy or Chesters Terms of Trade please contact Chesters at enquiries@chesters.co.nz or

Chester’s Plumbing and Bathroom Centre Limited 45 Portage Road

New Lynn, Auckland 0600 New Zealand