Terms & Conditions
C E M P R O
1. Application of Terms
CEMPRO Terms and Conditions of Trade
1.1 These Terms and Conditions of Trade ("Terms") apply to all goods and services provided by CEMPRO, including but not limited to the HYVOL©, adwater®, and EZI-ROC product ranges ("Products"), to any customer ("Customer").
1.2 By placing an order or accepting delivery of any Products, the Customer agrees to be bound by these Terms.
2. Orders and Acceptance
2.1 No contract for the supply of Products shall exist between CEMPRO and the Customer until CEMPRO accepts the Customer's order.
2.2 CEMPRO reserves the right to decline any order at its sole discretion.
3. Prices and Payment
3.1 Prices for Products are as stated in CEMPRO's current price list or as otherwise agreed in writing.
3.2 CEMPRO may change prices at any time without notice.
3.3 Payment for Products is due on the date stated on the invoice unless otherwise agreed in writing.
3.4 The Customer shall make payment in full without any deduction, counterclaim, or set-off.
4. Delivery and Risk
4.1 Delivery occurs when Products are made available to the Customer or its agent. 4.2 Risk in the Products passes to the Customer upon delivery.
5. Title and Ownership
5.1 Ownership of Products remains with CEMPRO until full payment is received.
5.2 Until ownership passes, the Customer holds the Products as bailee for CEMPRO.
6. Consumer Guarantees
6.1 For Customers purchasing Products for personal, domestic, or household use, the Consumer Guarantees Act 1993 applies and provides automatic guarantees that cannot be contracted out of.
6.2 These guarantees include that the Products will be: (a) Of acceptable quality
(b) Fit for their particular purpose
(c) Match their description or sample
(d) Delivered within a reasonable time (if no time is set)
6.3 If a Product fails to meet a guarantee, the Customer may have the right to a repair, replacement, or refund.
7. Liability
7.1 To the extent permitted by law, CEMPRO's liability is limited to, at CEMPRO's option: (a) Replacement of defective Products; or
(b) Refund of the purchase price.
7.2 CEMPRO shall not be liable for any consequential or indirect losses, except as required by the Consumer Guarantees Act 1993.
8. Returns and Cancellations
8.1 Returns or cancellations are at CEMPRO's discretion and may incur a restocking fee, except where required by the Consumer Guarantees Act 1993.
8.2 Custom-made or modified Products cannot be returned or cancelled unless they fail to meet a consumer guarantee.
9. Intellectual Property
9.1 All intellectual property rights in the Products, including HYVOL©, adwater®, and EZI-ROC trademarks, remain the property of CEMPRO.
10. Force Majeure
10.1 CEMPRO shall not be liable for any failure or delay caused by circumstances beyond its reasonable control.
11. Governing Law
11.1 These Terms are governed by the laws of New Zealand and are subject to the exclusive jurisdiction of New Zealand courts.
12. Changes to Terms
12.1 CEMPRO may amend these Terms at any time. The latest version will be available on CEMPRO's website.
By ordering or accepting delivery of any Products, the Customer acknowledges they have read, understood, and agreed to these Terms, subject to their rights under the Consumer Guarantees Act 1993 where applicable.