1. Introduction to our services
1.1. We, HazardCo Limited (referred to in these terms and conditions (the Terms and Conditions) as “we” “us” and “our”) provide health and safety systems, products and training as well as expert advice and support to businesses and individuals within New Zealand in the construction, office and retail, agriculture and horticulture and/or manufacturing sectors (our Services). Our Services are provided via our field sales team, or via our 0800 free-phone number or via the website www.hazardco.com (our website).
1.2. In order to access our Services you must register as a member for a minimum period of twelve (12) months. Your annual membership will give you access to our Services and products, and allow you to purchase additional Services or products that you may require from time to time.
1.3. These Terms and Conditions set out the basis on which we will provide and you may access and use our Services. You must accept these Terms and Conditions as part of the membership registration process and, by accessing and using our Services, you are deemed to have confirmed your acceptance of these Terms and Conditions.
1.4. Our Services are available to adults over the age of eighteen (18) years and intended to be used by members within New Zealand only. By registering, accessing and using our Services, you acknowledge that you are over 18 years of age and that you will use our Services within New Zealand only.
2.1. In order to register as a member you will need to provide to us the information set out on our membership/registration page or asked of you by our sales staff.
2.2. You warrant that all information submitted by you to us as part of the registration process is true and accurate. You undertake to at all times update your registration details if and when they change.
2.3. We may decline your registration for any reason, without explanation. In this case, you will not be entitled to access or use our Services. If we accept your application, on registration as a member we will provide you with a log in and password which will be sent via email to your nominated email address. This will result in the formation of a contract between us and you.
2.4. Your membership will commence on the date that you are provided with the log in and password to access our Services (the Commencement Date).
3. Early Cancellation
3.1. Should you choose to cancel your membership within sixty (60) days of the Commencement Date (the 60 Day Early Cancellation Period), we will refund your membership fee in full and will also refund the cost of any products purchased, provided all products are returned to us in an undamaged condition. There will be no full or partial refunds provided once the 60 Day Early Cancellation Period has ended.
3.2. We reserve the right to deduct an administration fee of $150.00 (inclusive of GST) from any refunds if there is damage or unusual difficulty with the Early Cancellation of your account.
4. Automatic Renewal
4.1. Twelve (12) months after the Commencement Date, your membership will be automatically renewed, on an annual basis. We will send you an email and a text to your nominated email address/mobile phone notifying you that your membership will be renewed, at four (4) weeks prior to and again at two (2) weeks prior to the renewal date. If you do not wish to renew your membership you must respond or notify us of this via email, phone or text prior to the renewal date, time being of the essence. This clause is subject to clause 3.1 (Early Cancellation) of these Terms and Conditions. If you do not cancel your membership in the manner set out above, it will be automatically renewed and you will be billed using the same payment details as the previous year.
5.1. We reserve the right to terminate your membership (and accordingly, your ability to access our Services) at any time if you breach these Terms and Conditions including, but not limited to, defaulting on your obligations under clause 7 of these Terms and Conditions.
5.2. On termination:
5.2.1. your rights to access and use our website and 0800 free-phone services will cease.
5.2.2. any fees or charges invoiced by us, or which we were entitled to invoice, on or prior to the date of termination, but which have not been paid will remain payable in accordance with clause 7.
5.2.3. the termination will be without prejudice to either your or our rights and remedies in respect of any breach of these Terms and Conditions by the other, where the breach occurred before the termination.
6.1. We may cancel your membership (and accordingly, your ability to access our Services) at any time by giving written notice via email to you. On giving such notice we will repay to you any money paid by you for any products not delivered. We will not be liable for any loss or damage whatsoever arising from such cancellation.
6.2. In the event that you cancel your membership you will be liable for any and all losses incurred (whether direct or indirect) by us as a direct result of your cancellation (including, but not limited to, any loss of profits).
7. Payment and Fees
7.1. On registration as a member, you agree to pay for our Services at the listed price and to make payment in accordance with this clause.
7.2. “Price” means the price for our Services and products as set out on our website or quoted to you by our sales staff. We reserve the right to vary our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you made the order.
7.3. All prices are in New Zealand Dollars (NZD) and are exclusive of GST. The Price shall be increased by the amount of GST and/or other taxes and duties which may be applicable, except to the extent that such taxes and duties are expressly included in any quotation provided us.
7.4. You will pay all charges owing to us in full and without set off or deduction at the time specified by us provided that if no timeframe is specified or otherwise has been agreed with us, payment will be due within seven (7) days of our invoice.
8.1. If payment is not made in accordance with the terms of clause 7.4, we may in our sole discretion:
8.1.1. charge default interest at the rate of 5% over our normal bank overdraft interest rate from time to time, on any amount not paid by the due date, calculated from the due date of each Invoice until the date we receive payment in full;
8.1.2. charge you all costs incurred by us in the collection of any overdue amount from you including, without limitation, all legal costs on a solicitor/client basis and any collection agency charges incurred by us, up until the date of payment;
8.1.3. suspend or refuse your access to our website and 0800 free-phone service and/or suspend or refuse to deliver any further products to you until any default by you under these Terms and Conditions has been remedied;
8.1.4. give notice to you to return any of our products to us;
8.1.5. register a Financing Statement in the Personal Property Securities Register pursuant to clause 12;
8.1.6. terminate your membership with immediate effect by notice to you if you have failed to pay any fees payable under these Terms and Conditions by the due date, and those fees (together with any applicable default interest) or any part of them remain outstanding for seven (7) days after your receipt of an earlier notice from us requiring payment.
8.2. Any payment received by us will first be applied in reduction of interest and any costs incurred by us under this clause, the remaining balance of any such payment will then be applied to reduction of any other amounts outstanding to us.
9. Product Descriptions
9.1. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission.
9.2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product
10. Product Order
10.1. We supply and dispatch our products to customers within New Zealand only.
10.2. We endeavour to ensure that our product and Services list (as advertised on our website) is current, however we give no undertaking as to the availability of any product advertised on our website.
10.3. When you order from us, we require you to provide certain information. We undertake to take due care with such information however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware
11. Delivery of Products
11.1. Delivery of our products is taken to occur at the time that you or your nominated carrier takes possession of the products at our address or we or our nominated carrier delivers the products to your nominated address, whether or not you are present at the address to acknowledge receipt.
11.2. Any time or date given by us to you in respect of delivery is an estimate only. You must still accept delivery of the products even if late and we will not be liable for any loss or damage incurred by you as a result of the delivery being late.
11.3. Where we deliver products, you must ensure we have all-weather access to the site to enable us to deliver the products safely.
11.4. You must make any claim for short delivery within 48 hours of delivery of the products by us, and must state the date of delivery of the products and the delivery docket number.
11.5. Risk of loss, damage or deterioration of or to products will pass to you on delivery.
11.6. At our sole discretion, the cost of delivery is included in the Price.
11.7. You agree that any products that you order from us will remain our property until you have paid all amounts owing for the products in full.
11.8. You agree that:
11.8.1. until such time as ownership of our products pass from us to you, we may give notice in writing to you to return our products or any of them to us. Upon such notice your rights to obtain ownership or any other interest in the products will cease.
11.8.2. if you fail to return our products to us then we or our agent may enter upon and into land and premises owned, occupied or used by you, or any premises as an invitee of you, where our products are situated and take possession of the products, without being responsible for any damage thereby caused.
12. Personal Property Securities Act 1999 (PPSA)
12.1. You grant to us a security interest in the products (the Goods) as security for the payment of all amounts due on any account by us.
12.2. A security interest may be created in the Goods pursuant to these Terms and Conditions (and the provision of goods by us to you). If such a security interest is created, the provisions of this clause shall apply and we will be entitled to register a Financing Statement in the Personal Property Security Register, which will then have the effect of perfecting the security interest created in the Goods. All terms in this clause have the meaning given to them in the PPSA and section references are references to the relevant sections in the PPSA.
12.3. You will provide us with all necessary information, execute any documentation and do anything else required, as reasonably requested by us, to ensure the security interest created under these Terms and Conditions constitutes a perfected security interest in the Goods (and their proceeds from the sale of the Goods) which will have priority over all other security interests in the Goods.
12.4. You agree to pay any fees and expenses incurred by us in relation to registering any Financing Statement in respect of these Terms and Conditions.
12.5. You agree to give us not less than fourteen (14) days prior written notice of any proposed change in your name and/or any other change in your details.
12.6. You agree that nothing in sections 133 and 134 of the PPSA applies to this Agreement.
12.7. To the extent that they are applicable to you, you waive your rights under sections 114(1)(a), 116, 117, 119, 120(2), 121, 125, 126, 127,129, 131 and 132 in the PPSA. You also waive your right to receive a copy of any Verification Statement in accordance with section 148 of the PPSA.
13. Security and Charge
13.1. In consideration of us agreeing to supply the Goods, you charge all of your rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged or owned by you either now or in the future, to secure the performance by you of your obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2. You indemnify us from and against all our costs and disbursements including legal costs on a solicitor client basis incurred in exercising our rights under this clause.
13.3. You irrevocably appoint us as your true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause including, but not limited to, signing any document on your behalf.
14. Product Defects/Returns
14.1. You will inspect the Goods on delivery and will within seven (7) days of delivery (time being of the essence) notify us of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
14.2. You will afford us an opportunity to inspect the Goods within a reasonable time following delivery if you believe the Goods are defective in any way.
14.3. If you fail to comply with these provisions the Goods will be presumed to be free from any defect or damage.
14.4. For defective Goods, which we have agreed that you are entitled to reject, our liability is limited to either (at our discretion) replacing the Goods.
14.5. Goods will not be accepted for return for any reason other than those specified in these Terms and Conditions above.
15. Warranty as to Goods
15.1. Subject to clause 15.3 below, we warrant that the Goods which do not comply with the Agreement shall be replaced or made good by us or the price refunded. We shall have the sole discretion to elect which remedy will apply. These are the sole remedies available to you for default by us.
15.2. Claims with respect to faulty Goods will only be accepted if made to us in writing within ninety (90) days after supply, or such further period as we may agree, and we have first been given the opportunity to inspect the Goods and agree to their repair or replacement.
15.3. To the extent permitted by law, we expressly exclude liability for any claim by you (or any other person) relating to or arising from the supply of the Goods which are caused by your failure to notify us of any chance of circumstances which may affect the accuracy of information provided by you to us (for example, but not limited to, the accuracy of delivery details), and you agree to indemnify us against any such claim.
15.4. In any event, our liability arising out of any claim or otherwise under these Terms and Conditions shall not exceed the price of the Goods. No claim may be made against us for consequential damages or loss of profits.
15.5. In respect of any Goods supplied to you:
15.5.1. As Goods are acquired by you for the purposes of a business, the guarantees contained in the Consumer Guarantees Act 1993 (the Consumer Guarantee Act) do not apply and are hereby excluded.
15.5.2. You agree to indemnify us against any liability or cost incurred by us under the Consumer Guarantee Act as a result of any breach by you of your obligations under that Act to any person.
15.5.3. Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantee Act except to the extent permitted under the Act. Accordingly, where you are not acquiring the Goods for the purposes of a business, the provisions and guarantees contained in the Consumer Guarantees Act shall apply to such Goods.
15.5.4. Where the supply of Goods is to a Customer who is a supplier (as defined in the Consumer Guarantees Act) you covenant with us that you will not make or allow to be made in respect of the Goods supplied any statements or representations as to quality or description other than those made by us. You hereby indemnify and will keep indemnified us against any claims, losses, damages and costs which may be made against us in respect of statements or representations which are made contrary to the provisions of this clause.
16. Site Access
16.1. When you visit our website we give you a limited license to access and use our information for your own use. Such licence is non-exclusive, non-transferable, and not able to be sub-licensed.
16.2. You are permitted to download a copy of the information on our website to your computer for your own use only, provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
16.3. Except as permitted under the Copyright Act 1994, you are not permitted to copy, reproduce, republish or publicly distribute any of the information on our website without our prior written permission. You shall not merge any information with any other software without our prior written permission.
16.4. The license to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The license also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
17.1. Our website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
17.2. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
18. Intellectual Property Rights
18.1. The copyright to all content on our website and included in our Services and products, including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
18.2. All trade marks, brands and logos generally identified either with the symbols TM including applets, graphics, images, layouts and text, which are used by us are either owned by us or we have a licence to use those materials. Your access to our website and products and services does not license you to use those marks in any commercial way without our prior written permission.
18.3. Any comment, feedback, idea or suggestion (Comments) which you provide to us through our website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
18.4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
19.1. Whilst we have taken all due care in providing the information on our website and in our Services and/or products, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
19.2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
19.3. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
19.4. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
19.5. HazardCo Limited, directors or any persons involved in the preparation and distribution of this material expressly disclaim all and any contractual, tortious or other form of liability to any person or entity (being a purchaser of our Services and products) in respect of our Services and products and any consequences of their use by any person in reliance upon the whole or any part of the contents of such. The material contained within our Services and products is a guideline only to assist in the identification and management of hazards in the workplace and is not a substitute for the legal obligations imposed under the Health and Safety at Work Act 2015.
20. Limitation of Liability
20.1. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Goods and/or Services or payment of the costs of having those Goods and/or Services supplied.
20.2. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from Services and/or Good(s) we have supplied.
21.1. You indemnify us against any cost or liability we incur, pay or have to pay in dealing with any claim against us as a result of or in connection with your use of our Services and/or products. There is no need for us to suffer loss or damage before enforcing this right of indemnity.
22. PRIVACY ACT 1993
22.1. You authorise us or our agent to:
22.1.1. access, collect, retain and use any information about you:
18.104.22.168. (including any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing your creditworthiness; or
22.214.171.124. for the purpose of marketing products and services to you.
22.1.2. disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.
22.2. Where you are an individual the authorities under clause 22.1 are authorities or consents for the purposes of the Privacy Act 1993.
22.3. You shall have the right to request us for a copy of the information about you retained by us and the right to request us to correct any incorrect information about you held by us.
23.1. Entire Agreement
23.1.1. You acknowledge that these Terms and Conditions and the documents and information referred to in these Terms and Conditions (if applicable) record the entire understanding and agreement between you and us relating to the matters dealt with in these Terms and Conditions and that:
126.96.36.199. such supersedes all previous understandings or agreements (whether written, oral or both) relating to these matters; and
188.8.131.52. you are not relying on any other representations, warranties or statements regarding the nature, characteristic or quality of the Services provided by us (with the intent that we will not be liable for any errors or omissions in publications or schedules for statements or representations made by our employees, agents or representatives that are not expressly recorded in these Terms and Conditions).
23.2.1. We may at our absolute discretion review and amend these Terms and Conditions from time to time without notice. The most recent version of our terms and conditions are always available via our website. Your use of our website following any amendments will therefore represent your agreement to be bound by these Terms and Conditions as amended. For this reason, we recommend that each time you access our website you read these terms and conditions.
23.3. Force Majeure
23.3.1. If we cannot carry out an obligation under these Terms and Conditions either in whole or in part because of a force majeure event which causes a delay for more than 3 months, we may terminate your membership by giving at least 28 days’ notice to you.
23.4.1. These Terms and Conditions are to be governed by and construed in accordance with the laws of New Zealand and any claim made by either party against the other which in any way arises out of these Terms and Conditions will be heard in New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand Courts in respect of all matters relating to these Terms and Conditions.
23.4.2. If any provision in these Terms and Conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and Conditions and the remaining provisions will remain in full force and effect.
24.1. Our Services means our website (www.hazardco.com), our Health and Safety system, sector-specific packs (eg Site Packs) additional related products (eg Construction Manual), on-line training courses and advice and support via our 0800 free-phone number from our Health and Safety Team and/or our Client Services Team (including but not limited to 24/7 accident support and management via telephone).
24.2. Our website means the website located at the universe resource locator: www.hazardco.com
24.3. Product(s) or product(s) means the Construction Products, Office and Retail Products, Agriculture and Horticulture Products, and Manufacturing Products as listed on our website and in our promotional brochures, as well as HazardCo on-line Training courses that are advertised on our website and/or www.hazardcotraining.com from time to time.
24.4. Force majeure means any act, circumstance or omission over which we could not reasonably have exercised control.
24.5. Terms and Conditions means the terms and conditions of the supply set out in this document, including any variation to these Terms and Conditions.