Terms of Use
Adapted from other sources, but Paraphrase needed.
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Definitions
In these Terms and Conditions:
• “Gopher Gopher” & the company means Green Gopher Limited, a New Zealand company, Company Number 2168858 ( having its registered office at MGI Auckland Limited, Level 2, Fidelity House,81 Carlton Gore Road, Newmarket, Auckland), its agents, officers, and advisors, and “We”, “Our” and “Us” have a corresponding meaning; The singular includes the plural and vice versa;
• Headings are for convenience only and do not affect the interpretation of the terms.
• “Customer” means the person who orders or purchases Goods or Services from Green Gopher Ltd, and where the Customer comprises two or more persons, means those persons jointly and severally.
• “Goods” means any goods provided by Green Gopher Ltd.
• “Order” means an agreement between Green Gopher Ltd and the Customer for Green Gopher Ltd to supply Goods and/or Services to the Customer.
• “Quote” means a written offer from Green Gopher Ltd to the Customer to supply Goods and/or Services for a specified price subject to the terms and conditions of such offer.
• “Services” means any services performed by Green Gopher Ltd or its contractors.
1. Terms and Conditions
1.1. This Website (‘the Website”) is operated by Green Gopher Limited (“We”, “Us”, or Our”).
1.2. We provide goods and services to Our customers to purchase products from us in New Zealand (“product” or “Products”).
1.3. By using the Website You (“You” or “Your”) agree to be bound by these Terms and Conditions.
1.4. If You are using the Website in Your capacity as an employee, agent, or officer of any other person or a company or other organisation, then You are entering into a contract on behalf of that person, company, or organisation, who will be deemed to be the contracting party (i.e. “You” or “Your”) for the purpose of the remainder of these Terms and Conditions. You must cease using this Website if You are not authorised to enter into contracts of this nature on behalf of your company or organisation.
1.5. These Terms and Conditions represent the entire agreement between You and Us regarding Your use of the Website and the Services.
1.6. We may post amended terms and conditions on the Website at any time, and the amended terms and conditions will apply to all subsequent use of the Website or Services by You.
2. Terms of Trade
2.1 Subject to 2.2 and 2.3 below, We will provide Product and/or Services that You order from us, providing that You provide all information to Us that We request and You keep your contact details up to date.
2.2 We will automatically delivery products and/or servicers upon receipt of Your payment but We are not liable for any delays caused by matters beyond our control.
2.3 We may decline to provide any Products or Services to You for any reason, providing that We will notify You as soon as reasonably possible and refund any monies You have paid to Us for Services that We have not provided at that time.
3. Consumer Guarantees Act 1993
3.1 Where Goods or Services are being supplied for the purposes of a business, the Customer agrees that the Consumer
Guarantees Act 1993 will not apply.
3.2 Where the Customer purchases Goods for re-supply, the Customer’s terms of trade must contain an equivalent provision to clause 3.1.
4. Orders, Pricing, Quotes and Estimates
4.1 We may decline, in whole or in part, any Order in our sole discretion including but not limited to availability of stock.
4.2 The price of Products and Services listed on this website is subject to change without notice.
4.3 These Terms of Trade apply to all Products or Services supplied by Us including those supplied pursuant to a Quote. A Customer’s acceptance of a Quote constitutes an agreement to purchase Products or Services.
4.4 We reserve the right to withdraw or vary a quote before it has been accepted in writing by the Customer.
4.5 All Quotes are based on rates and charges in effect at the date of the relevant Quote. Any increase in rates or charges, (including without limitation sub-contracted labour, materials and fuel) shall result in an equivalent increase in the quoted price.
4.6 Quotes are prepared in accordance with information provided to Us by you and We will not be liable nor will we be bound by the quote where:
(a) such information is inaccurate or any information omitted; and/or
(b) the Customer makes any variations which result in the work being different from that quoted for.
5. Payments
5.1 Your payment must be processed before the Products and/or Service will be delivered to you.
5.2 All payments are due on the placing of the Order.
5.3 You agree to pay for all Products and Services that You order upon completing your order for that Products and/or Service, at the price specified on the Website at that time.
5.4 All prices stated on the Website are in New Zealand dollars. You will pay all amounts payable by You in New Zealand dollars.
6. Returns
6.1 Due to the delivery nature of the Services We will not be obliged to refund any payment You make to Us or exchange any Products or Services We supply to You, except as required by law.
6.2 However, other than perishable Goods, Goods of a type held by Us as normal stock items may in certain circumstances and solely at Our discretion We may choose to make a refund to You (excluding any fees paid to us) or offer You a replacement Products and/or Services provided that
(a) We may charge a handling charge excluding delivery charges;
(b) The Goods are returned at the Customer’s cost within two weeks of delivery to the Customer.
(c) We may charge the Customer if We collect the Goods from the Customer.
(d) The Goods are in their original condition and packaging, and are undamaged, unused and in a saleable condition.
7. Cancellations
If you place an order and then cancel the order up to 48hrs prior to delivery before your products have been despatched a refund will be credited to your account less an administration charge of $60.
If you cancel your order after your products have been despatched a refund will be credited to your account less the delivery charges you paid initially and, an administration fee of $80. The same delivery charge apply if we are needed to collect the products on your behalf.
If you wish to cancel a bulk order (deliveries made loose, by tipper vehicle) after the delivery has already been made it will be your own responsibility to return the goods to Us.
We will process all refunds within 7 working days after goods have been collected by us in a saleable condition. Interpretation of what is saleable is at the sole discretion of Green Gopher Ltd.
7.1 The Customer is not entitled to cancel an order without the written agreement of the Company where:
(a) Manufacture or bagging process of made to order Goods has commenced; and/or
(b) Such order comprises goods manufactured or bagged by a third party.
7.2 To request a refund or replacement, You will provide to Us in writing:
(a) Full details of the relevant Product(s) and Service(s), date of purchase and purchase price paid by You; the delivery docket numbers or invoice number (b) Documentary evidence of (a) above, including evidence that You are the purchaser;
(c) Reasons why You believe a refund or replacement should be provided; and
(d) Such other details as We consider relevant for Us to determine whether a refund or replacement is appropriate.
8. Hours
Unless otherwise agreed between the parties, We will supply the Goods and/or perform the Services during normal working hours.
Any costs attributable to Us being required by the Customer to work outside such hours shall be payable by the Customer.
Customer Service Office Hours including phone ordering are 9:30am-5:30pm, Mon-Fri, excluding public holidays.
9. Health and Safety
We prepared the health and safety warning on the website to our best knowledge at the date of publication, the health and safety hazards of the material and general guidance on how to safely handle the material. Since the company cannot control/anticipate the conditions under which our products may be used, each user must, prior to usage, assess and control the risks arising from its use of the materials.
If clarification or further information is needed, the user should contact us.
The company's responsibility for the material as sold is subject to the terms and conditions of sale
10. Delivery
The delivery truck sizes are governed by the load size, load type and dispatch sequences. You must ensure that you have sufficient access for the vehicle before placing an order.
Your chosen ideal drop off area should be a flat and even surface near the area you want to lay the product. We cannot leave goods on uneven surfaces such as gravel, grass or on slopes of any kind.
10.1 Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem.
Where We are to deliver the Goods, the Customer must:
(a) Ensure We have all-weather encumbrance free access to the site, to enable Us to deliver the Goods safely;
(b) Obtain all necessary resource and other consents from the relevant local authority and inform Us of all matters relating to such consents;
(c) Locate, mark and advise Us of all gas pipes, water pipes, sewerage lines, drainage lines, telephone cabling and other utilities that are on, or near, or adjacent to the delivery point, and of any actual or possible subsidence, slip, erosion, flooding or any other thing that might constitute a hazard on the land where Goods are to be delivered;
(d) The customer, or somebody appointed by the customer, must be at the delivery point to accept the delivery.
10.2 If a certain method of delivery vehicle is required it is the customer’s responsibility to inform the company of these special requirements within 2 hours of the order being made.
10.3 The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances.
10.4 The customer will clearly advise in writing the place where the goods are to be delivered and acknowledges that the site is accessible for delivery. There will be no liability whatsoever on the vendor or its subcontractors for any damage which may be caused in the course of delivery and unloading onsite.
10.5 The company’s deliveries are generally gate to gate or kerb site deliveries. The driver will attempt to deliver to the requested location whenever possible, but in the instance where the driver thinks this location is hazardous or inaccessible or likely get stuck, then the nearest possible area to the requested position will be used, the customer also understands that the company can only guarantee a gate to gate or kerbside delivery and that ultimately the customer is happy for goods to be left kerbside.
10. 6 The Customer shall pay all freight and cartage charges including any additional costs or expenses incurred by Us in delivering the Goods to the address and drop off area requested by the Customer (including charges for waiting time, unloading equipment, labour or delivery outside of normal business hours).
10. 7 If the company or its agent cannot gain access to the delivery address then additional costs may be incurred and shall ultimately fall to the customer.
In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order according to the provision set out in Clause 7.
10.8 The company will not accept any liability for damages to property caused during delivery.
The customer indemnify Us against any costs, claims and damages incurred in the delivery of the Goods including any cleaning, repairing damage to the site or delivery equipment and returning the delivery vehicle to the road, provided We have acted with reasonable care and skill.
10.9 The Customer must make any claims for short delivery within 48 hours of delivery of Goods by Us, and must state the date of delivery of the Goods and the delivery docket number.
10.10 Delivery of Goods shall be deemed to occur at the point specified in an Order or Quote, or if nothing is so specified, when the Goods arrive at the address specified by the Customer (whether or not the Customer is present to acknowledge receipt), or when the Customer takes possession of the Goods, whichever occurs first. Risk in the Goods passes to the Customer on delivery as referred to herein.
10.11 We may deliver Goods by instalments. If the Customer fails to pay for an instalment on the due date we may suspend deliveries of the other instalments.
Late Deliveries
The company will make every effort to deliver products ordered on the agreed date, but, if for any reason the company is unable to deliver then no liability will fall to the company; whether in damages or otherwise, for delay of whole or any part of the goods ordered arising from any cause whatsoever.
11. Limitations of Our Products & Services
11.1 We will take all reasonable care to ensure that Our Products & Services are fit for the purpose for which they have been designed, but We are not responsible for factors and circumstances beyond Our control.
11.2 If products are out of stock then the company also reserve the right to cancel or hold orders for reasons beyond our control.
11.3 Any Products/Service that You purchase is generated only at your request and solely on the basis of information You provide to Us. You agree that:
(a) Any information We provide to You is information only, and not advice.
(b) We are not responsible for checking the accuracy, relevance, or significance of any information You provide to Us.
(c) You will ensure that the information You provide is complete, accurate, and up-to-date. If You are uncertain about what information to provide in response to Our questions, You will seek appropriate advice from a third party of your choice.
(d) You will provide us with Your full and accurate contact details and You will keep those contact details up to date.
12. Warranties
12.1 All statutory, express or implied warranties by Us including, without limitation, the implied warranties of merchantability and fitness for any particular purpose are expressly excluded (to the extent permitted by law) in relation to the following:
12.2 Colour, texture, size, content, individual rocks, stones or cobbles made be broken or misshaped variations may occur in Goods due to:
(a) The use of naturally occurring materials in the manufacturing process; and
(b) Normal manufacturing tolerances and processes.
Such variations do not constitute a product defect and we shall not be liable for any loss or damage suffered by you as a result of such variations.
The sizes of products specified are approximate and can vary.
13. Copyright Information
13.1 All copyright, trade marks and other intellectual property rights subsisting in or used in connection with the Prodcuts & Services and the Website are and will remain Our sole property.
13.2 When You purchase a Product or Service from Us, You may download and copy documents provided to You as part of that service providing that you:
(a) only use those documents for the single, specific transaction for which You purchased the Product and/or Service ; and
(b) only make copies of those documents for purposes relating to that transaction; and
(c) do not otherwise copy, reproduce, publish, modify, make an adaptation of those documents in any way.
13.3 You may not remove Our trade marks, copyright symbols, or any other statement or device which asserts Our intellectual property rights from any materials You download from the Website, or from any authorised copies You make of them.
13.4 You may not copy, modify, or otherwise interfere with any part of the Website.
13.5 You may not create any hyper-links to the Website unless You have Our permission in writing.
14. Privacy and Use of Data
14.1 We will use any data You give to Us and which identifies You only for the purpose for which it is supplied to Us and will not use it for any other purpose or supply it to any third party except as required by law or authorised by You or by the Privacy Act 1993.
14.2 We may use aggregate data (in a non-identifiable form) supplied to Us by You for Our own business purposes including the improvement of the Website, Our Services, and Our related services.
14.3 We may send You electronic messages which facilitate, complete, confirm or directly relate to any transaction You enter into with Us in relation to the Products and/or Services or the Website. We may send You commercial electronic marketing
messages relating to Our other goods and services and other information of related interest, with Your prior consent. We will stop sending You such messages if We receive such a request to stop from You.
Hyperlinking
We reserves the right to prohibit links to the Website and the User agrees to remove or cease any link on our’s request. The User may not frame any part of the Website material by including advertising or other revenue generating material.
External links
The contents of the Website may include links to third party materials (linked sites). We will not be responsible for the contents of any linked site or liable for any direct or indirect loss or damage suffered by the User or any other person from accessing, using, relying on or trading with third parties. These links are provided to the User only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.
15. Termination
15.1 We may terminate these Terms and Conditions immediately by giving notice to You in writing, if You breach these Terms and Conditions.
15.2 Termination of these Terms and Conditions will not deprive either You or Us of any rights in relation to any breach of these Terms and Conditions.
16. Assignment
You may not assign this Agreement without Our express written consent.
17. Governing Law
These Terms and Conditions will be construed in accordance with the laws of New Zealand, and in terms of the enforceability of these Terms and Conditions shall be deemed “in writing” and “accepted” by both parties. Disputes arising out of this these
Terms and Conditions or their subject matter shall be referred to and finally resolved by arbitration in New Zealand, in accordance with New Zealand law. The arbitration will be by one arbitrator, to be agreed upon by the parties. If the parties fail to agree upon an arbitrator within 21 (twenty-one) days, an arbitrator will be appointed by the President of the
Arbitrators’ and Mediators’ Institute of New Zealand and the arbitration will be held in Auckland New Zealand in accordance with the Arbitration Act 1996. The costs of the arbitration will be borne according to the arbitrator’s award. Nothing in this Agreement prevents a party from issuing proceedings in relation to any dispute where the nature of the dispute is such that the party requires urgent interim relief.
18. Invalid Terms Severable
In the event that any of the terms, conditions or provisions in these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be
severed from the remaining terms, conditions or provisions which will continue to be valid to the fullest extent permitted by law.
19. No Waiver
Any waiver by Us of any rights arising from Your breach of these Terms and Conditions will not be construed as a continuing waiver of other breaches of these Terms and Conditions by You.
20. Disclaimer
We make the Website available to the User as a service. Whilst reasonable care has been taken to ensure the facts stated in the Website are accurate and the opinions given are fair and reasonable, We do not give any warranty of accuracy or reliability of information to the User or any other person. Use of and reliance on information contained on the Website is at the User's own risk. We are not responsible for any adverse consequences arising out of such use or reliance.
Last Updated on 27 May 2010