SHEPHERD FILTERS NEW ZEALAND TERMS OF TRADE

The following Terms of Trade apply to Shepherd Filters New Zealand (“The Supplier”) and the party purchasing the goods from the supplier (“The Customer”).

The Customer Agrees as Follows:

Unless credit has been provided to the Customer, the customer must pay the total amount payable for the goods to the Supplier prior to delivery or collection. Under credit terms, the Supplier may require a deposit (up to 50% of the invoiced price) on placement of order. The Supplier may charge and the Customer will pay interest on all goods not paid by the due date(s) at the rate of 12% per annum. Interest will be calculated daily and may be capitalised monthly until full payment is received.

The Customer will inspect the goods and advise the Supplier in writing within 7 days of delivery of any faults in or to the goods. Subject to acceptance by the Supplier of liability, the Supplier’s liability will be limited to repairing or replacing the goods at its option. Otherwise, the Customer must pay for the goods and the Supplier will not be liable for any faults in the goods or for any claim, damages or costs relating to the goods and the Customer will indemnify the Supplier from there.

Title of the goods will not pass to the Customer until the total amount payable is paid in full. Risk in the goods will pass to the Customer immediately upon the earliest delivery or collection. Any expenses incurred by the Supplier in recovering any outstanding monies from the Customer, including the cost of repossession and resale of the goods, debt collection agency fees and legal costs (full indemnity basis) will be paid by the Customer.

Despite anything contrary in these terms, all monies due from the Customer will become immediately payable to the Supplier upon the happening of any event, or the issue against, or service on the Customer of any notice or proceedings in any way concerning the Customer solvency or payment of its debt.

The Supplier will in no way be liable for any claim or cost resulting from non-delivery or delayed delivery or from any fault in the goods beyond the Supplier’s control. The Customer will indemnify the supplier there from. Except as required by law, the supplier gives no guarantee in relation to the goods other than as expressly stated in these terms, and the Supplier will have no liability at all for any consequential loss, injury, damage or expense suffered or incurred directly or indirectly by the Customer or any of the Customer’s agents, employees or any other person using the goods provided by the Supplier.

The Supplier will not in any circumstance, whatever or however be liable for any consequential damage, loss injury or prejudice resulting directly or indirectly from any non-delivery, delay in delivery or any strike, stoppage or industrial action directly or indirectly affecting the availability of the goods.

If for any reason the Customer is unable to accept orders during business hours, then any re-delivery fees will be passed onto the Customer. Please also note that home/residential delivery addresses are not accepted without prior approval by the Supplier.

Some regional areas may attract a remote delivery fee, and The Supplier will notify The Customer at the time of invoicing.

1. Any variation to these terms must be in writing by the Supplier.
2. If any provision of these Standard Terms is found to be void, illegal, or unenforceable for any reason, it will be deemed to be severed and omitted from these Standard Terms of Trade.

Any notice, invoice, or document to be given to the Customer shall be sufficiently given if posted by ordinary prepaid post or faxed to the Customer’s last known address or facsimile number and shall be deemed to have been received by the Customer in the ordinary course of post or on receipt by the Supplier of a successful transmission answer back.

Despite any contrary rule or implication of law, all contracts between the Customer and the Supplier shall be deemed to be made in New Zealand, pursuant to New Zealand laws. Any dispute resolution procedures will take place in New Zealand. To the extent permitted by law, Shepherd Filters New Zealand, its employees, and agents are not responsible whatsoever for personal injury, damage to property or any other loss from the products supplied. You agree to defend, indemnify and hold Shepherd Filters harmless for all claims.

All marketing material must have approval for use by Shepherd Filters prior to printing and/or publication. Shepherd Filters’ logos must not be altered in any way.

Warranty Statement

Consumers are entitled to all statutory warranties and conditions implied by the Fair Trading Act 1986. Shepherd Filters also passes on to the Customer all Manufacturers’ Warranty on all new hardware supplied, for use in New Zealand only.

This express warranty does not extend to accessories or defects or injuries caused by or resulting from causes not attributable to faulty parts or the manufacture of the product, including but not limited to, defect or injury caused by or resulting from misuse, abuse, neglect, accidental damage, improper installation or any alterations which are not authorised by Shepherd Filters Pty Ltd.

Warranty repairs are to be returned to Shepherd Filters Pty Ltd nominated Warranty Repair Centre for repair, insurance and freight prepaid by the Purchaser, with appropriate paperwork including a copy of the original invoice and a completed Return Authorisation form. Shepherd Filters Pty Ltd will reimburse Purchaser for its reasonable expenses in returning an item for warranty repair. The warranty period on Shepherd Filter frames is 12 months and is covered by a back to base warranty only.

Goods returned to Shepherd Filters Pty Ltd nominated Warranty Repair Centre as part of a warranty claim may be on forwarded to the manufacturer or other third parties for assessment and either rejection of the warranty claim or repair or replacement in accordance with the applicable manufacturer’s warranty. An Inspection Fee of $115 including GST will be charged if an item returned for a Warranty repair is found not to be faulty.

A 20% restocking fee may apply if the product is not faulty and you require a refund. Full deposited funds may not be refunded if you wish to cancel your order and the product has been dispatched.

Procedures for Returns

1. Authorisation prior to returning items must be sought. Any items returned without authorisation will not receive a credit, so please contact Shepherd Filters New Zealand with a description of the reason for return. Once authorised, Shepherd Filters will provide a return address for the goods to be sent to by the customer.

2. In order for any return to be accepted, it must be returned within 30 days from the day you received your order. No refunds or returns are available after 30 days of receiving your order.

3. Returned product(s) must be in their original condition (clean), free of any scratches, scrapes, dents, or debris. and packaged in original packaging. Items sent for return consideration will be immediately denied and the return policy will not be honoured in the event that a return shipment received by Shepherd Filters is improperly packaged, altered, or physically damaged.

4. All regularly stocked items may be returned with a 20% restocking fee, plus any applicable return shipping fees, if the item has not been used.

5. A return will not be processed, or a restocking fee may be charged in the event ANY item(s) included in the original shipment to you is not present in the returned package.

6. The New Zealand Consumer Protection Act guidelines for refunds of goods under warranty claims – specifically states “The retailer, manufacturer or service provider must get repairs done for you. For all other repairs, eg fixing wear and tear, you pay the repair bill. Give the repairer a price limit, or ask them to tell you what work needs doing — and how much it will cost — before you agree.”

7. Please also note that incompatibility is NOT a fault. We cannot ensure what you purchased is compatible with what you have existing. We therefore highly recommend reading our “BEFORE YOU INSTALL” guide.

8. Shepherd Filters reserves the right to refuse the return if the goods are not faulty.

9. Goods returned under warranty are accepted subject to an inspection of the manufacturer and/or the authorised repairer agent. As soon as your product is repaired or replaced, Shepherd Filters will send it back to you at their own cost.

10. Goods returned within under the warranty period that are not repairable or have been obsoleted will be replaced with a similar model or given a refund for their current market value.