TERMS & CONDITIONS
Trial & Error Industries Limited [TEIL] t/a “Makerspace New Zealand”, Terms and Conditions of Sale
These Terms and Conditions of Sale and any attachments govern the sale of products purchased hereunder prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order submitted by the buyer. No change or modification of these Terms and Conditions shall be valid or binding on either party unless in writing and signed by an authorized representative of each party, as part of or modification to the quotation.
2.) CLIENT MATERIALS
Where one or more items (MATERIALS) are provided by the client, including but not limited to: schematics, reference material, fixings, fastenings, sheet materials, electronic devices, digital storage media, software, digital data, etc., the client agrees to indemnify TEIL against a any damage or loss that arises from TEIL’s use or storage of the materials, including but not limited to the accidental damage, loss, theft or destruction, to the maximum extent permissible by law.
Storage of materials shall be provided for a period of 14 days from when TEIL receives the materials. After this period, if TEIL is unwilling or unable to continue storing the materials, TEIL will make every effort to notify the client and arrange for the return of the materials. However regardless of this process, once the 14-day period has expired TEIL may, at its sole discression, decide to intentionally dispose of or destroy the materials. Where costs such as transportation and tip fees are incurred during disposal, the client shall be liable for these costs.
3.) OVERSEAS ORDERING & DELIVERY OF CAPITAL MACHINERY.
TEIL will see to it that reasonable means will be exhausted to meet the shipment dates quoted, although we will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver. Deliveries are F.O.B unless stated otherwise. TEIL special shipping dock and the prices quoted do not include customs duties, GST, freight or insurance. If buyer chooses to contract their own freight carrier, title and risk of loss shall pass to buyer upon pick-up of the freight carrier. In the absence of specific written instruction from the buyer, TEIL will select the common carrier. Buyer shall be responsible for any freight charge and any insurance charge. Buyer is responsible for lowering machine off the truck (unless TEIL is the delivery contractor) and are responsible for indicating proper delivery instructions. Misinformation given to TEIL regarding proper delivery instructions, and as a result extra shipping fees are incurred, these fees will pass on to the Buyer. If the products are shipped freight prepaid, the buyer shall pay TEIL the appropriate freight and insurance charges, which will be shown as separate items on the invoice. Normally allow 4-6 weeks from purchase date and/or check clearance to ship out product, but in cases of extreme weather this can be longer due to backlogs, shipping company re-routes and delays in sailings. Delivery of product date will depend on the reasonable means of the carrier and the distance of the drop-off location. In certain cases additional time may be needed for holidays and weekends.TEIL will make every attempt to keep the buyer informed prior to making a purchase if additional time is needed. Damage in transit is not covered by TEIL unless the goods have been delivered by TEIL vehicles. The purchasor will not hold TEIL responsible if another 3rd party carrier or shipment type has been selected.
4.) DAMAGE AND SHORT SHIPMENT (not applicable to 3rd party transit options)
In the event products are received damaged during TEIL stewardship & transit, keep all packaging material and contact both the carrier and TEIL in writing within THREE working days. In the event TEIL supplied machinery is noticeably damaged, this may include broken crating or torn wrap, the buyer MUST indicate in writing via email to: email@example.com (at the time of delivery): “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCT WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCT IS ALSO DAMAGED.” The buyer should also take additional precautions by taking pictures of the noticeable damage prior to examining the machine or components. Accepting any goods will release the TEIL driver or the TEIL shipping company from taking responsibility for any damage caused to the machine or components. TEIL in this case cannot help the buyer to file a claim to recover the loss of the goods. TEIL recommends the purchase of Full Comprehensive Insurance for shipping with 3rd party freight forward companies.
5.) PRICES, TAXES, AND PAYMENT
All prices are per unit (except where indicated) are in NZ dollars and GST exclusive. All prices are subject to change without notice and are automatically linked to the prevailing exchange rate (XE.com). Taxes, such as Federal, State, or local, which is the obligation of TEIL to collect in connection with the sale or delivery of products described on any attachment shall be paid by buyer and will appear as separate items on the invoice unless your tax exemption certificate is on file with TEIL (Please send certificate with first order.) All major orders (over $1000 NZD) are to include a minimum pre-paid deposit of 30%.
Payment by credit card, PAYPAL incur a 3.7% surcharge. Late payment of invoices will incur an additional 8% per month late payment penalty.
An application & documention fee of $750 NZD is applicable upon each Lease & Lease-to-buy agreement.
The relevant finance rate will be applied for any financing arrangements and will be shown in any Invoice, Purchase Agreeement, Lease or Lease-to-Own document.
Machinery and equipment/projects will remain the property of TEIL until paid for in full, including the finance charges.
A formal enquiry into financing terms or acceptance of lease to own agreement grants permission to TEIL to perform a credit check with Veda Ltd or other credit agency as required. Any defaults may be loaded with a credit agency.
6.) ONLINE ORDERING PORTAL
Courier, postal & Freight charges are likely to change and are beyond the remit of TEIL. However TEIL will advise of any major changes where possible.
All prices are NZD and GST exclusive.
A “Return Authorisation” number must be issued by TEIL prior to the return of any goods. Goods returned are to be referenced by this number, or they will not be accepted. All returns are to be sent to TEIL, freight prepaid. Please note that there is a 20% re-stocking fee. Returned items after 30 days are not allowed. Returned items must be clean, and remain in new condition. Proper packaging for shipping will be the responsibility of the customer for any goods returned within 30 days from the date the machine or products are received. A refund will be given after inspection has been made and goods remain in new condition and are not damaged. If there is any visible shipping damage to the machine, TEIL will refuse to accept the machine or other accessories from the carrier. All claims for this matter shall pass on to the buyer to be dealt with the carrier he/she has hired. Any shipping costs (including discounted or free shipping in some cases) incurred by TEIL including additional shipping, and/or crating charges will be subtracted from the refund. If the buyer discovers that he/she has missing accessories that were purchased, the buyer must notify TEIL within THREE business days.
8.) SOFTWARE LICENSE
Any bespoke software furnished hereunder is licensed by TEIL to the buyer on a non-exclusive basis for use by the buyer. The usage by the software is restricted to equipment for which or with which was acquired. Title to the software shall remain with TEIL unless purchased outright by the buyer.
9.) LIMITATION OF WARRANTY
TEIL Products are guaranteed for one year (12 months) Onsite Labour and Parts warranty for defects due to faulty components, materials and/or bad workmanship. Lasertubes, associated electronic componentry and lasertube power supplies carry a 3 month parts only replacement warranty. TEIL will repair or replace faulty goods and is not responsible for any consequential loss incurred due to faulty goods. Warranty does not cover normal wear, misuse or consumable items e.g. Lasertubes and high voltage power supplies. TEIL warrants that the software will perform in accordance to the written materials for this product. TEIL warrants that any supplied software works with Windows XP, Windows Vista, Windows 7, 8 & 10 only. Dual boot Mac systems and Linux (any) are at the buyers risk only and are not supported. Also, under this warranty TEIL will see to it to provide the support services intended to make the software conform to its description and to correct operational defects. The obligations of TEIL under this warranty are limited to replacing parts or repairing at its option and at its factory, of said products which shall, within one year (except lasertubes/powersupplies) after delivery to the customer, provide parts and onsite labour free of charge, but travel and accommodation is not included.
TEIL does not have to provide onsite repair work where the work is a result of User error, negligence, accidental damage or misuse, but at its option will repair or instruct and support the user on any repairs that may be needed at user’s location -or in the case of Hire agreement – will conduct repairs and subsequently invoice the Hirer/Lease holder for the full extent of the repairs, including travel time, accommodation, parts and associated consumables. Call out/ad-hoc servicing outside of any agreed ongoing servicing contract, warranty claim, or in the case of User error (hire/lease agreements) carries a minimum charge of $595 NZD (+GST).
This Warranty shall not apply to any of such products which has been repaired or altered or customer self-installed lasertubes or powersupplies, where customers have accessed the secure software area in the controller -or products which have been subjected to misuse, negligence, or accident. The original warranty period of any product, which has been either repaired or replaced, will not be extended unless the customer purchases the ‘extended warranty’ option. It is this warranty which is expressed instead of all other warranties: statutory, expressed, and implied including the implied warranties of merchantability, any particular purpose, and all other obligations or liabilities on the Seller’s part. In addition, it will never assume or authorise any other person to assume for the seller any other liabilities in connection with the sale of said products. Buyer further represents and acknowledges that TEIL has not made any representations or warranties, direct or indirect, express or implied as to any manner whatsoever, including without limitation, the design or condition of any item of equipment, its merchantability or its liability or its fitness for any particular purpose, the quality of the material or workmanship of any item of equipment, improper delivery, delay in delivery or conformity of any item of equipment to the provisions and specifications of any purchase or orders relating thereto, nor shall TEIL be liable for incidental or consequential damages (Including strict liability in tort). TEIL shall not be liable to Buyer, or any other party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the equipment or the failure of the equipment to operate properly.
At its discretion, TEIL will repair or replace your Product(s), if it does not comply with this Warranty.
To make a Warranty claim, you must:
• You must first call TEIL Support Centre or lodge the complaint via the Servicedesk at firstname.lastname@example.org or 0800 81 0365
• If warranty service is required, provide a copy of your purchase receipt or original invoice, to show that this Warranty applies to your Product at the date of your claim.
• If required, you must deliver the Product to the Service Agent at your cost, TEIL will cover the return cost back to you. It is recommended to have the product sent tracked and insured to avoid loss.
This Warranty applies only:
To a Product supplied new to You or by a Stockist or Channel Partner;
If you use the Product for your own private or business purposes; and
You have not bought the Product for resale.
This Warranty will not apply if during the warranty period:
A Product’s serial number or any tamper label is removed or changed in any way (if applicable);
A Product is repaired other than by a Service Agent;
A product is installed by anyone other than a Service Agent;
You use a Product contrary to any technical or operating environment guidelines recommended in its user guide or manual;
A part in your Product reaches the end of its service life;
A Product is used in excess of its rated durability or duty cycles – in the case of CO2 lasertubes this is above 80% power settings or recommended mA settings (16mA-30/40W), (18mA, 50/60/70W), (24mA, 80W), (26mA, 100W)
A Product’s malfunction or failure results from:
deliberate or accidental damage;
neglect or modification;
incorrect voltage or a power surge (a working surge protector must be fitted to any 240vac outlet); or
your use of any non-genuine consumables, software, parts, accessories or interfacing.
TEIL advises that if you use non- Genuine or TEIL approved Consumables, software, replacement parts or accessories, you may damage your Product and void your warranty.
Machine upgrades or support of 3rd party supplied systems;
Free promotional offers.
TEIL does not warranty any systems or components that aren’t fitted or tested by TEIL e.g. if TEIL is asked to upgrade a current machine NOT supplied by TEIL and a subsequent system fails also not supplied/intstalled by TEIL, TEIL is not responsible or liable in any fashion.
10.) SAFETY PRECAUTIONS
The machines that TEIL supplies are classed as industrial type machines and not home consumer devices and as such carry extra risks when operating. TEIL offers best efforts to ensure general and electrical safety of machines when delivered but the Buyer shall be required to electrically test as required for OSH compliance and to use all safety devices, guards and proper safe operating procedures as set forth in online forums and also the training, manuals and instruction sheets furnished by TEIL. Buyer shall not remove or modify any such device, guard or sign. It is Buyer’s responsibility to provide all the means that may be necessary to effectively protect him/herself, all people around the machine and employees from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the equipment. If Buyer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, Buyer shall indemnify and save TEIL harmless from and against any and all claims, losses or damages arising there from. It is the responsibility of Buyer to comply with any and all local codes.
“Self Drive” laser service:
TEIL will attempt best practice and best efforts to ensure that the laser system is safe for use and the operator is correctly trained by attending one of the Laser Workshops as advertised on Meetup.com. Our manufacturing lasers are Class 4 and categorised and so Users operate at their own risk and no liability will be accepted by TEIL in the event of misuse or operating outside of the training given.
11.) DESCRIPTIONS OF EQUIPMENT
All weights and dimensions given are estimates only, stated as correctly as possible, and any minor deviations shall not invalidate this purchase order. Brochures, photographs and other illustration representing the equipment or consumables offered are not binding in detail, as improvements are constantly being made in design. Brochures and web site are subject to change without notice and colours are subject to printing and screen manufacture and settings.
12.) INTELLECTUAL AND DESIGN PROPERTY
TEIL shall own any intellectual property rights in any designs or inventions during Development Work to produce a final Product. All digital, physical and conceptual Design files, IP knowhow and prototyping information remain the property of TEIL. The final digital or physical product is the property of the Client.
This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of duties shall be void.
14.) GOVERNING LAW
This agreement shall be construed in accordance with the laws of New Zealand and will govern any disputes regarding the interpretation and or validity of these Terms and Conditions hereof. Any dispute relating to the products sold from TEIL hereunder shall be subjected to the jurisdiction of the courts within New Zealand. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way affect the validity of this agreement without the invalid or unenforceable provision or provisions.
15.) MERGER CLAUSES
The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products, including statements made in or conduct implied from past dealings that are not fully expressed herein. No oral or any other form of statement subsequent to the acceptance of the purchase order purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of TEIL in a document making specific reference to this transaction or after a transaction has been made.