Terms and Conditions

Marine Silicone Imports New Zealand Limited, (the 'Seller', 'Marine Silicone NZ', 'we', 'us' or 'our') welcomes you to (the 'Website'). These terms and conditions of service 'Terms and Conditions' or 'Agreement') govern the use of services available on the Website provided by Marine Silicone NZ to the Buyer. The Buyer, (the 'Buyer', 'you' or 'your') refers to any legal entity purchasing goods or services from Marine Silicone NZ.

Use of the Website to order goods constitutes acceptance and agreement to these Terms and Conditions and takes precedence over any Terms and Conditions contained in any document used by you and purporting to have contractual effect. Marine Silicone NZ reserves the right to modify these Terms and Conditions by publishing the changed Terms and Conditions on this Website and without further notice.

  1. Order Process
    1. The Buyer may order products from the Seller by completing and submitting the checkout process on the Website. The Buyer must provide all required information (including name, email address, and payment details) or the Seller may not be able to process the Buyer's order.
    2. No order shall be deemed accepted by the Seller until the Seller has despatched the Buyer's order. The Seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the Buyer. If the Seller rejects the Buyer's order, or part thereof, any money paid by the Buyer in relation to the rejected part of that order shall be refunded and the Seller shall have no further liability to the Buyer in relation to the rejected part of that order.
  2. Provided Information
    1. The Buyer shall ensure they provide the Seller with a current record of the Buyer's contact details (including but not limited to, the Buyer's name, address, contact phone number/s, or business practice). The Buyer shall be liable for any loss incurred by the Seller as a result of the Buyer's failure to ensure their contact details are correct and kept current.
  3. Shipping
    1. The Buyer shall inspect all goods received on delivery and shall within forty-eight (48) hours of delivery notify the Seller of any alleged defect, shortage in quantity or damage. The Buyer shall afford the Seller an opportunity to inspect the goods within a reasonable time following delivery if the Buyer believes the goods are defective in any way. If the Buyer fails to comply with these provisions the goods shall be presumed to be free from any defect or damage.
  4. Limitation of Liability
    1. Except as provided in these Terms and Conditions, under no circumstances will Marine Silicone NZ or its officers, employees, contractors or agents, be liable in contract, tort (including negligence) or otherwise to compensate you for any loss, injury or damage, whether consequential or otherwise, arising directly or indirectly from Marine Silicone NZ's breach of provisions under this agreement or as result of your use of a product we have supplied.
    2. If for any reason, notwithstanding clause 4a, Marine Silicone NZ and/or its officers, employees, contractors and/or agents are liable to you in contract, tort, or otherwise, the combined maximum liability of Marine Silicone NZ and their officers, employees, contractors and agents to you shall be the cost of the product you purchased from us.
  5. Risk
    1. Risk of damage to or loss of the product passes to the Buyer on delivery and the Buyer must insure the products on or before delivery.
    2. If any of the products are damaged or destroyed prior to ownership passing to the Buyer, Marine Silicone NZ are entitled to receive all insurance proceeds payable for the products. The production of these Terms and Conditions by us is sufficient evidence of our rights to receive the insurance proceeds without the need for any person dealing with Marine Silicone NZ to make further enquiries.
    3. If the Buyer requests Marine Silicone NZ to leave products outside our premises for collection or to deliver the products to an unattended location then such products shall be left at the Buyer's sole risk.
  6. Payment and Pricing
    1. Except where specifically stated in relation to a particular product, the prices for the products listed on the Website are payable in New Zealand Dollars (NZD). All product prices and delivery charges listed on the Website are inclusive of New Zealand Goods and Services Tax at the rate of fifteen percent (15%).
    2. The Seller may vary any prices on the Website at any time and without notice to the Buyer.
    3. If the Buyer does not pay any money owed to the Seller when due, the Buyer will be obliged to pay any collection cost incurred by the Seller (including debt collector and legal fees).
  7. Availability
    1. All orders are subject to the availability of products. If for any reason a product is not available, the Seller will endeavour to notify non-availability on the Website. The Seller may revise the range of products or the specification of any product at any time and without notice to the Buyer.
  8. Cancellation of Orders
    1. Where products are listed on the Seller's website with an incorrect price or with incorrect information, the Seller reserves the right to cancel the Buyer's order (regardless of whether the Buyer has made payment for that order). Where the Buyer has already made payment for an order that is subsequently cancelled by the Seller, the Seller will refund the amount paid by the Buyer in relation to that order.
    2. The Seller may cancel the Buyer's order at any time prior to order confirmation. Any variation, waiver or cancellation of an order requested by the Buyer shall have no effect unless accepted in writing by the Seller.
  9. Consumer Guarantees Act 1993 & Fair Trading Act 1986
    1. If you are acquiring the product for the purpose of a trade or business, you acknowledge and agree to contract out of:
      1. the provisions of the Consumer Guarantees Act 1993; and
      2. sections 9, 12A, 13 or 14(1) of the Fair Trading Act 1986.
  10. Returns
    1. Goods supplied in accordance with the Buyer's order can only be returned with the express approval of the Seller. Requests to return goods must be submitted within seven (7) days of the date of shipping and the original invoice number must be quoted.
    2. Where goods are accepted (for credit or refund at the Seller's discretion) they must be delivered at the Buyer's expense to the address specified at the time by the Seller in original condition and packaging. Returned products are the Buyer's responsibility until they are delivered to the Seller.
    3. The Seller reserves the right to levy a restocking fee against any returns the Seller may agree to accept. Such fees may be up to twenty-five percent (25%) of the invoice priced and levied at the Seller's absolute discretion.
    4. Any refunds (at the Seller's discretion) will be refunded in the form of the original payment method used by the Buyer.
  11. Errors and Omissions
    1. 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 thirty (30) days after the goods have been shipped to the Buyer. The Seller will notify the 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.
    2. While the Seller endeavours to ensure that product and pricing information provided on the Website is accurate, complete, and current, the Seller cannot warrant its accuracy, completeness or currency. The Seller shall reserve the right to correct any error or omission should they become aware of any such inaccuracy.
    3. While the Seller endeavours to ensure product images accurately reflect those products, any image provided by the Seller is for illustrative purposes only, and the Seller cannot guarantee that the image shall accurately reflect or portray the physical appearance of the goods.