These terms and conditions of sale ("Sales Terms") between Burns & Ferrall Limited ("we", "our", or "us") and you constitute the contract between us and you for the sale and purchase of products ("Products") through this site ("Site").
 
We shall sell and you shall purchase the Products in accordance with these Sales Terms only. If you disagree with any of these Sales Terms you should not purchase the Products from this Site. By proceeding to purchase Products from this Site you represent and acknowledge that you are aware of, and agree to, these Sales Terms.
 
Orders, price and payment
 
You must order the Products in accordance with the instructions on this Site. Your order is not binding upon us until we accept it. Should we not accept your order then any money we have received for the order will be refunded.
 
The price for the Products ("Price") will be the price quoted on our Site at the time of making your order are inclusive of GST but shall be increased by the amount of any other taxes and duties which may be applicable in relation to the supply of Products.
 
A separate charge for shipping and handling ("Shipping Charge") will be shown on our invoices which accompany the Products. Shipping costs are quoted as within New Zealand only. We currently do not ship product outside of New Zealand.
 
You will pay the Price and Shipping Charge by a credit card acceptable to us, unless another prearranged payment method is expressly accepted by us in writing. You are bound to pay us once we accept your order and payment of the Price must be received by us before the Products are delivered to you.
 
All payments in relation to the Products are payable in New Zealand dollars.

Title and risk
 
From the time of delivery of the Products to you, title to the Products will pass to you and you will bear the risk of any loss, damage or deterioration of or to the Products from such time.
 
Consumer Guarantees Act 1993
 
Nothing in the Sales Terms is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 ("Act") except to the extent permitted by the Act and the Sales Terms are to be modified to the extent necessary to give effect to that intention.
 
Where the Act applies to these Sales Terms:
 
If the Products are acquired by you for business purposes, you agree that the Act does not apply; and
If the Products are not acquired by you for business purposes, we reserve the right to replace any Products which fail to comply with any guarantee contained in the Act.
You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
 
Returned Products
 
If the Products have been delivered in error, please notify us in writing without delay after your receipt of the Products and return the Products to us in original undamaged packaging within 14 days of your receipt and, in our sole discretion, we may either replace the Products or refund the price of the Products to you.
 
Warranty
 
We warrant to you that the Products are free from defects in workmanship and materials for set periods which vary with each product range.  This period is activated from the date of your purchase of the Products and if there is any such defect during the warranty period, in our sole discretion, we may either repair or replace the Products, provided:
 
that you furnish us with satisfactory proof of the purchase date when you notify us of the defect; and
you return the Products to us properly packaged.

The above warranty does not apply where the Product has not been assembled, installed or operated according to the instructions, subjected to abuse, improperly treated, neglected, rusted by exposure to the elements, misused, modified from original specification and/or if any repairs, maintenance or service has been done by an unauthorised person or has been used for commercial purposes.
 
Damage in transit is not our responsibility.

You will be liable for all delivery and insurance costs incurred in respect of Products returned.
 
DISCLAIMER OF WARRANTIES
SUBJECT TO THE EXPRESS WARRANTIES SET OUT IN THE SALES TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL PRODUCTS AVAILABLE THROUGH THIS SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
 
LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, ANY MERCHANT ON THE SITE, OR OUR OR THEIR RELATED COMPANIES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DIRECTLY OR INDIRECTLY RESULTING FROM OR IN RELATION TO THE PRODUCTS OR YOUR USE OF THEM. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT THAT ANY APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR TOTAL LIABILITY IN SUCH CIRCUMSTANCES SHALL NOT EXCEED THE PRICE YOU PAID FOR THOSE PRODUCTS.
 
Acknowledgement
 
You acknowledge that you are 18 years or over and have the full legal capacity to agree to enter the Sales Terms as a binding contract.
 
New Zealand law
 
The Sales Terms will be governed by and construed in accordance with the law of New Zealand and the parties unconditionally and irrevocably submit to the exclusive jurisdiction of the New Zealand courts.
 
General
 
If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the Sales Terms must be specified in writing by us and signed by an authorised person.
If any provision of these Sales Terms is held by any competent authority to be invalid or unenforceable in whole or in part, validity of the other provisions of these Sales Terms and the remainder of the provisions in question shall not be affected.
You may not transfer or assign all or any of your rights and obligations under the Sales Terms without our prior written consent.
 
Privacy

• we will not collect personally identifiable information like your name, e-mail and mailing address and telephone number ("Personal Information") without your knowledge and permission;
• we will not disclose your Personal Information to third parties unless you have authorized us to do so;
• we will take reasonable steps to protect the security of the Personal Information we collect from you.

Your Personal Information

The Burns & Ferrall does not collect personally identifiable information on our website, such as your name, address, e-mail address or telephone number, without your knowledge. Such information is collected only when you knowingly and voluntarily submit it to us (as, for example, when you contact us via e-mail). Burns & Ferrall uses such voluntarily submitted information for the purposes for which it was submitted.
When you place an order Burns & Ferrall will ask you to provide certain information about yourself, such as your name, mailing address, or e-mail address. The personal information you submit when placing your order is treated as confidential. We use this information to process your transaction, and we share the information with Visa, Mastercard,in order to process your order.

Trends, Tracking and Sharing Information

Burns & Ferrall uses standard software for monitoring statistical information such as how many visitors we have to our websites and what countries they are coming from. These statistics are viewed on an aggregate basis and help us get general overviews of customer trends. We do not look at individual customer data. Personal information specific to each Vendor's sales is treated as strictly confidential and will only be reviewed or examined in the event of a dispute, claim, error or customer request.

Security

Burns & Ferrall uses stringently tested technologies to ensure the security of information transmitted via our web site and maintained in our possession. When you place your order "checkout" you will see a lock icon appear on the status bar of your browser. This indicates that the data that is submitted is encrypted while in transit and so cannot be viewed by anyone other than us. In addition, when we receive that data, it is stored on a separate location to the web server so that it can only be accessed by us.

Our site may provide links to other sites. When you click on one of these links, you are leaving our site and entering another site that we do not control and for which we cannot be responsible. You should carefully review the privacy statements or policies on any other site that you visit because those privacy statements or policies will apply to your visit to that site and may be very different from our policy.