Online Purchase Terms & Conditions

Monday, July 1, 2013 by KeyImagery| 6236 Views

Familarise yourself with these terms and conditions before purchasing from KeyImagery using our online facilities.

Terms Used
General

Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:

Formation of Contract

The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller's acceptance occurs (and the contract is formed) at the conclusion of a purchase where the payment method has been selected and the checkout process is confirmed.

Consumer Guarantees Act 1993

In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;

Click here for more information about the Consumer Guarantees Act.

Delivery
Shortages, Damages or Loss in Transit
  1. Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received.
  2. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
  3. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
Return of Goods

Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.

Forward replacements are provided at the seller's discretion. If you have been provided a forward replacement and you do return the item it is replacing then the seller is entitled to charge the price of the forward replacement.

Seller's Liability and Maintenance Guarantee
Property and Risk
  1. Enable the goods to be readily identifiable as the property of the seller.
  2. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
  3. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
  1. The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
  2. The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller's remedies and,
  3. The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and,
  4. All moneys owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and,
  5. The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any exess after satisfying all of the buyer's payment obligations (including under the indemnity) will be paid to the buyer.
Errors or Omissions

The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

Description of Products

Modifications and improvements to the seller's products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.

Force Majeure

The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.

Compliance

The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.

Personal Property Securities Act 1999
  1. These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
  2. A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;
  1. sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
  2. indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
  3. not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
  4. give the seller not less than 14 days prior written notice of any proposed change in the buyer's name and/or any other change in the buyer's details (including but not limited to, changes in the buyer's address, facsimile number, or business practice); and
  5. immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
Disputes and Proper Law