WARNING: Skiing is DANGEROUS. By use of the supplier’s products you agree to be responsible for the correct and proper use of the product and that you have the skill and experience required to use the products correctly. The customer ACCEPTS ALL RISKS inherent in skiing, including those of personal injury, paralysis or death. The products are designed for snow skiing only, have limitations and must not be used for any other purpose. Improper use or misuse INCREASES THE RISKS. You acknowledge that the use of the supplier’s products is entirely at your own risk.
1.1 The supplier warrants to the customer that of its products are free from material defects in workmanship under normal use and service for two (2) years after the original purchasing date. The supplier will repair or replace any product deemed to be defective, in the supplier’s sole judgement. In the event the product is repaired or replaced the products under this warranty are warranted only for the remainder of the original warranty period. No claims shall be allowed for any product that has been altered, abused, or used in any manner inconsistent with the reasonable and intended use of the product.
1.2 Any costs of transporting the products both to the supplier’s premises or from the supplier to the customer, are solely for the customer whether the product is defective or not.
1.3 This limited warranty only covers the product in the form in which it is sold to the original purchaser and does not cover cosmetic blemishes, cuts or scratches incurred under normal use. This warranty excludes the following: damage due to normal wear and tear; impact damage due to skiing on any material not made of snow including rocks, handrails & all other man-made obstacles, damage resulting from lack of maintenance; damage resulting from im- proper mounting or use of the product; and damage resulting from modifications made to the product.
2. Limitation of Liability
2.1 Under no circumstances, including negligence, shall the supplier be liable for any incidental, special, indirect or consequential damages arising out of or relating to the use of the products, even if the supplier has been advised of the possibility of such damages.
2.2 The total liability of the supplier for any loss arising from any defect or non-compliance of the products or any other breach by the supplier will not in any circumstances exceed the price paid by the customer.
2.3 The customer will hold the supplier harmless against any claim by the customer’s servants, agents or other persons in respect of any loss arising from any defect in or non- compliance of the products or in respect to any other matter whatsoever.
2.4 Other than expressly provided in these terms and conditions, no warranty, condition or guarantee either express or implied is given by the supplier as to the quality, state or condition of any products or as to their appearance, content or fitness for any particular purpose.
3. Risk and Delivery
3.1 The customer acknowledges that 50% of the total purchase price is payable on ordering the supplier’s product with the balance payable on the customer receiving email or telephone confirmation that the supplier’s product is ready to be dispatched. Products will only be dispatched/made available for collection on full payment having been received.
3.2 The supplier is not responsible for delays in delivery of the products.
3.3 Unless otherwise agreed, the delivery point will be on the supplier’s premises. 3.4 Risk in products supplied will pass to the customer at the delivery point.
4. Statutory Exclusions
4.1 The Supplier will honour its obligations owed to the customer pursuant to the guar- antees contained in the Consumer Guarantees Act 1993. If the Consumer Guarantees Act 1993 (New Zealand or such other reciprocal consumer or product legislation in other jurisdictions) (the “Act”) would otherwise apply to your use of the products and you are using the products for business purposes (or holding yourself out as using the products for business purposes), you agree that the provisions of the Act will not apply, to the extent contracting out is permitted by the Act.
4.2 To the fullest extent permitted by law all statutory rights and protections are exclud- ed or waived by the customer unless expressly stated otherwise in these terms and conditions.
5. Intellectual Property
5.1 All copyright, trademarks, designs, patents and other intellectual property rights (registered and unregistered) in and to the products (including but not limited to intellectual property rights in the products and any images, photographs, drawings, patterns, shapes, text or colours incorporated into the products) are owned by and shall remain vested in the supplier.
5.2 Nothing in this the supply of the products or these terms and conditions shall be construed as conferring you any licence or right to use any intellectual property rights of the supplier or any third party.
6. Governing Law and Jurisdiction
Each party hereby irrevocably agrees that any controversy or claim of whatsoever nature arising out of or relating to the product or breach by the supplier shall be governed by and construed according to the laws of New Zealand and that the Courts of New Zealand shall have exclusive jurisdiction to resolve any such controversy or claim.