Terms & Conditions
HYDROFLOW DISTRIBUTORS LIMITED
1.1: “Hydroflow Distributors Limited” shall mean Hydroflow Distributors Limited, or any agents or employees thereof.
1.2: “Customer”shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing Products and services from Hydroflow Distributors Limited.
1.3: “Products” shall mean all products, products and services and advice provided by Hydroflow Distributors Limited to the Customer and shall include without limitation all charges for labour, freight, packaging, hire charges, insurance charges, or any fee or charge associated with the supply of Products by Hydroflow Distributors Limited to the Customer.
2: Any instructions received by Hydroflow Distributors Limited from the Customer for the supply of Products shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3: The buyer must be satisfied that the Products, as ordered, arefit and suitable for the purpose for which they are required, and no liability shall attach to the seller should they not be fit or suitable. It is a condition of sale that the Consumers Guarantees Act will not apply to any Products purchased for business purposes.
4: Prices for Products sold by Hydroflow Distributors Limited are stated in Hydroflow Distributors Limited Price Book. All prices are current at the time of printing but are subject to alteration without notice. Hydroflow Distributors Limited cannot be held responsible for any incorrect prices due to publishing errors. E & OE. Where no price is stated in writing or agreed to orally the Products shall be deemed to be sold at the current price.
5: All prices issued by Hydroflow Distributors Limited exclude Goods and Service Tax, unless otherwise specified.
6: All quotations remain valid for no more than 30 days from the date of the quotation unless otherwise specified and are subject to confirmation at the time of receipt. Acceptance, in writing, howsoever is deemed to constitute acceptance of these terms and conditions. The price of Products shall be that prevailing at the date of quotation but are subject to variations, extras, deletions, increase or decrease in material costs,supply,production,delivery and applicable taxes incurred arising between the date of quotation and the date of delivery.
7: Claims for shortages and requests for credits must be made in writing within 3 days of delivery, quoting packing slip number, quantity and description of Products, and date of delivery.
8: Products incorrectly supplied to the Customer must be returned to Hydroflow Distributors Limited for credit within 7 days of delivery. Products returned outside of this period may be accepted for credit at the discretion of Hydroflow Distributors Limited, but will incur a 10% handling fee. Any return of Products accepted by Hydroflow Distributors Limited must be in good condition and be complete with packaging and suitable for resale.
9: Products that have been correctly supplied will not be accepted back for credit without prior agreement with Hydroflow Distributors Limited. All such returns will incur and 10% handling fee.
10: Claims for breakages or loss in transit must be made with the carrier, under the terms of the Carriage of Goods Act. If liability is not accepted by the carrier, a written claim can be made to Hydroflow Distributors Limited. Such a claim must be accompanied by written notice from the carrier discharging liability for breakages.
11: Terms and Conditions put forward by the Customer whether in purchase order, specification or otherwise shall not be binding on Hydroflow Distributors Limited if they purport to amend or annul any of these conditions unless specifically agreed to in writing by Hydroflow Distributors Limited.
12: Terms of payment to be net made by the date of the invoice. Any payments off the Customers account will be allocated as Hydroflow Distributors Limited sees fit. All accounts not paid by the date specified in this paragraph may bear interest at the rate of 2.5% per month compounding. The Customer shall also pay in full all costs and expenses incurred in collection of such overdue accounts. The Customer agrees that any fees or costs for compliance pursuant to Section 162 of the Personal Properties Securities Act 1999 (“PPSA”) shall be paid by the purchaser.
13: Hydroflow Distributors Limited reserves the right immediately to cancel any order or suspend any delivery without incurring any liability to the Customer if the Customer is overdue with payment, enters into bankruptcy, liquidation, in composition with its creditors, has a receiver or manager appointed over all or any part of its asset or becomes insolvent.
14: Hydroflow Distributors Limited will not be responsible for any damage caused by incorrect or unsafe handling, storage, transportation or usage of the Products.
15: A freight charge may apply to any order, and additional freight to any order requiring special or weekend delivery.
16: RETENTIONS OF TITLE
16.1: Hydroflow Distributors Limited shall retain title to Products supplied to the Customer until it has received payment in full for them. That Hydroflow Distributors Limited retains the title to the Products until the have been paid for, shall not affect its right as an unpaid seller.
16.2: Not withstanding that risk in the Products supplied by Hydroflow Distributors Limited to the Customer shall pass to the Customer, the Products shall be held by the Customer as bailee to be sold or disposed of by the Customer as agent for and behalf of Hydroflow Distributors Limited. If any Products belonging to Hydroflow Distributors Limited are disposed of by the Customer or any insurance claim is made in respect of them, Hydroflow Distributors Limited shall be entitled to trace the sale or insurance proceeds, which proceeds shall be held by the Customer in a separate bank account on trust for Hydroflow Distributors Limited. Such separate bank account shall be clearly identified as containing the proceeds of such sale or disposal or claim on behalf of Hydroflow Distributors Limited. This authority to sell or disposal is revoked immediately if any event of default or claim occurs or Hydroflow Distributors Limited notifies the Customer in writing that this authority is revoked.
16.3: If payment is overdue, or the Customer enters into bankruptcy, liquidation, or composition with its creditors, has a receiver or manager appointed over all or any part of its assets or becomes insolvent, Hydroflow Distributors Limited shall be entitled without prejudice to its rights and remedies, to repossess Products belonging to it and to enter any premises, without notice, for that purpose.
16.4: All Products belonging to Hydroflow Distributors Limited shall be stored so that they are readily identifiable as such, and shall be kept in good saleable order and condition.
16.5: Once the risk has passed to the Customer in accordance with conditions 14 (a) or otherwise, the Products shall be and remain at the Customers risk at all times, unless and until Hydroflow Distributors Limited has taken possession of them, and the Customer shall insure the Products accordingly. Hydroflow Distributors Limited under their Terms and Conditions prohibits the creation of a Lien by the purchaser of any Products supplied by Hydroflow Distributors Limited until paid for.
16.6: The Customer agrees that in the event that Products supplied by Hydroflow Distributors Limited are installed or mixed with or made constituents of any other Products then Products supplied by Hydroflow Distributors Limited may be removed in full or in part by Hydroflow Distributors Limited.
17: As a condition of our terms Hydroflow Distributors Limited retain the right to disclose, seek and collect any information we regard as necessary for our credit control purposes of your Account, and the Customer agrees that the Retentions of Title 14 (a) to 14 (f ) of this contract or further contracts may be registered as a “Security Interest” in the Products and proceeds after the sale of the Products pursuant to Section 17 of the Personal Properties Securities Act 1999. To the extent permitted by Law, the Customer and Hydroflow Distributors Limited contracts out of sections 114 (1) (a) of the “PPSA” and the Customers rights referred to in sections 107 (2) (c) (d) (h) & (i) of the “PPSA”.
18: Hydroflow Distributors Limited shall in no way be liable for any loss, damage (direct, indirect or consequential), cost or expense incurred other than those rights a consumer has under the Consumer Guarantees Act 1993.
All care has been taken to provide accurate information in this catalogue at the time of print.
Product information/specifications are subject to change with out notice.
STANDARD PROMOTION OR COMPETITION RULES
- All HYDROFLOW DISTRIBUTORS LTD employees, all employees of participating sponsors or promoter and their “immediate families”
- All people under the age of 18 years where the prize incorporates air travel or any other element which would be illegal to supply to a person under the age of 18 years. ‘Immediate Families’ include spouses, grandparents, parents, children, and grandchildren, whether by marriage, past marriages, remarriage, adoption, cohabitation or other family extension.
ENTRIES AND PERSONAL DETAILS
1. These Promotion or Competition Rules (‘the Rules’) apply to all HYDROFLOW DISTRIBUTORS LTD Promotions or Competitions (collectively the ‘ Promotion’) conducted by means of any medium – online, web App, e-mail, print or in store advertising.
2. If a Promotion has specific rules or terms (‘the ‘ Specific Rules’) those Specific Rules will apply if there is any inconsistency with the Rules.3. If multiple entries or votes are acceptable for a competition (as per the specific rules), each entry must be made separately.
4. Entry into the Promotion is deemed to be acceptance of the Rules and the Specific Rules.
5. The Promotion is open to New Zealand Residents only. Disqualified Participants may not enter in the Promotion/Competition.
6. HYDROFLOW DISTRIBUTORS LTD reserves the right to exclude any person from participating in the Promotion on reasonable grounds.
7. HYDROFLOW DISTRIBUTORS LTD reserves the right to refuse to award any prize to an entrant who HYDROFLOW DISTRIBUTORS LTD decides (in its sole discretion) has violated the Rules (including the Specific Rules), gained unfair advantage in participating in the Promotion or won using fraudulent means.
8. By participating, entrants grant HYDROFLOW DISTRIBUTORS LTD exclusive permission to use their names, photographs, videos, voices and likeness in connection with the Promotion and for future promotion and marketing purposes and waive any claims to royalty, right or remuneration for such use.
9. All entrant personal details must be valid and up to date and will be held by HYDROFLOW DISTRIBUTORS LTD and may be used for the purpose of the Promotion and for future promotion and marketing purposes.
10. Personal information provided at the time of entry is presumed to be true and, in the case of text or e-mail notification –active, through to and beyond the date of the Promotion’s completion.
PRIZES AND WINNERS NOTIFICATION
11. Only the person who originally entered the Promotion can be awarded the prize (the ‘Winner’).
12. The Winner will be determined in the manner set out in the Rules or the Specific Rules.
13. The Judge’s determination of the Winner will be final and no correspondence will be entered into.
14. The Winner will be notified by e-mail, phone (voice or text), mail or in person. Where attempts to contact the Winner fail (e.g. when the Winner cannot be contacted by phone after three attempts or mail/electronic mail sent is returned) the Judge will select another winner. If, after successful notification, the prize is not collected within two months of being announced it will be regarded as forfeit.
15. The Prize is not redeemable for cash or transferable (unless specified in the Specific Rules). In the event that the Prize specified in the Competition becomes unavailable for any reason The Promoter may substitute a prize of like or equal value.
16. Where the Winner is required to claim the prize in person, they must provide proper identification (e.g. driver’s licence, passport, birth certificate).
17. The Winner takes the Prize entirely at his/her own risk and indemnifies HYDROFLOW DISTRIBUTORS LTD in respect of any claim for any accident, injury, property damage or loss of life that may occur in connection with the prize. The Winner is responsible for all insurance, tax or other costs that may be associated with the Prize. Where the Prize has associated terms and conditions the Winner accepts the Prize subject to those terms and conditions and restrictions.
18. Where the Prize includes air travel and/or accommodation, either international or domestic: The Winner MUST have valid documentation, including but not limited to valid passports and Visas, which meet the requirements of immigration and other government authorities at every destination. Any Visas/Documentation required will be at The Winners own expense and must be organised in advance by The Winner.
- Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities (including any costs associated with delay, will be the sole responsibility of the Winner).
- When the Travel Prize includes travel to or through the United States, it is the Winner’s responsibility when travelling into or through (transiting included) the United States under the Visa Waiver Program to apply for an Electronic System for Travel Authorisation (ESTA) no later than 72 hours prior to departure if required. The winner must visit the US Department of Homeland Security website and fill in the required information. The cost of the ESTA is the sole responsibility of the Winner.
- The Winner is responsible for transport from their residence to their nearest international airport for flight departure and from their nearest international airport to their residence upon returning to New Zealand.
- Flight tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos. The flight itinerary may have to be adjusted depending on the airline’s departure city and their current flight schedule. Unless otherwise specified, the air travel is economy class.
- Any changes to travel dates or additional accommodation outside the travel period specified in the Travel Prize details, made by the winner, which incur additional costs, are to be paid by the Travel Prize winner.
- Unless explicitly stated in the Specific Rules, the Winner will be responsible for expenses including, but not limited to, spending money, meals, drinks, transport, laundry charges, activities, incidentals, taxes (excluding departure and any other flight associated taxes included within the Travel Prize), gratuities, services charges, passports, visas, travel insurance and all other ancillary costs associated with redeeming the Travel Prize. The Winner must obtain travel insurance to protect themselves against additional costs incurred in the event of unforeseen circumstances.
- The Travel Prize is not transferable or exchangeable and cannot be redeemed for cash. The Travel Prize must be taken as stated in the Specific Rules and no compensation will be payable if the Winner is unable to use the Travel Prize as stated. For the avoidance of doubt, if the Winner is, for whatever reason, unable to travel on a nominated date during this period, whether the failure was due to reasons beyond the Winner’s control or otherwise, then the Winner will forfeit the Travel Prize.
- The Promoter makes no guarantee as to safety, conditions and other issues that may exist at any destination. International travel advice can be obtained from various sources, including government, local consular offices and the web site of the New Zealand Ministry of Foreign Affairs and Trade. The winner accepts the Travel Prize at their own risk.
- All travel is subject to the terms, conditions and restrictions of the Travel Prize service providers. Any travelling companion included in the Travel Prize (if applicable) accepts the Travel Prize subject to these terms, conditions and restrictions as if references to the Winner in the relevant clauses were to the travelling companion. The Winner and their travelling companion must sign a legal release, in a form acceptable to the Promoter in its absolute discretion, if requested by the Promoter.
THE PROMOTERS RIGHTS
19. HYDROFLOW DISTRIBUTORS LTD reserves the right to amend, vary, extend or discontinue a Promotion at any stage, for any reason.
20. HYDROFLOW DISTRIBUTORS LTD takes no responsibility for any inability to enter, complete, continue the Promotion
due to equipment or technical malfunction.
21. To the fullest extent permitted by law HYDROFLOW DISTRIBUTORS LTD will not be liable for any loss or damage whatsoever (including but not limited to direct or consequential loss) or for personal injury as a result of Promotion entry or winning the prize.
22. Where the Prize is to be supplied by an entity outside HYDROFLOW DISTRIBUTORS LTDs control and that entity fails, for whatever reason, to supply the prize, HYDROFLOW DISTRIBUTORS LTD has no responsibility for the provision of the Prize and is not obliged to provide an alternative Prize or to take legal action to require the Prize supplier to provide the Prize.
23. Participation in the Promotion is deemed acceptance of these Terms and Conditions.
24. If the Winner does not accept these Terms and Conditions the prize will be forfeited.