1. DELIVERY, TRANSFER OF TITLE AND RISK OF LOSS. Delivery dates are estimates. The seller will use commercially reasonable efforts to meet desired delivery dates, but will not be liable to Buyer in any way for, nor responsible for any losses caused as a result of, any late shipment. Seller shall not be responsible for any delays in delivery caused by strikes, flood, fire, other natural disaster or act of God, scarcity of the materials needed to procure the Products, governmental restrictions, or any other cause beyond the reasonable control of Seller. Buyer will accept and pay for partial shipments of Products. All Products are irrevocably accepted by Buyer upon delivery. All deliveries will be made “EXWORKS” place of shipment. It is the buyers sole responsible to inform delivery drivers of any shipment damage at the time of delivery. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier.
2. SPECIAL ORDER. All 48V DC, Inverter Chargers, non NZ power specification power inverters are classified as special orders. All special order product is subject to a cancellation fee of 100% of the purchase price if cancelled at any time after the order is placed.
3. LIMITED WARRANTY. Seller warrants that the Products for the time period specified on the order form, from the date of order that they will be free from defects in material and workmanship. No other warranties either express or implied by law are made with respect to these goods. The warranty is claimable only by the buyer and is non-transferable. If the goods are being purchased by a business or for a business purpose then the purchaser acknowledges that the Consumer Guarantees Act will not apply. The purchaser acknowledges that the goods being reasonably fit for a particular purpose extends only to the product being fit as a component as part of a general design and does not extend to compatibility with others manufacturers specific models that could be part of that general design. The purchaser agrees that the reasonably expected life of the product is equal to the warranty period.
In all cases, Seller has sole responsibility and discretion for determining the cause and nature of a Product defect, and Seller’s determination with regard thereto shall be final. Buyer’s exclusive remedy and Seller’s sole liability for a breach of warranty reported to Seller during the Warranty Period shall be, at Seller’s option, to replace or repair the affected Product, or to refund to Buyer the price of the Product. All warranties are return to base (RTB) and pickup from base. This warranty excludes products that have been subject to abuse, misuse, mishandling, accident, alteration, neglect, unauthorised repair or installation, or procured through an unauthorised third party. There is a maximum of one warranty claim per product purchase. Inspection and testing within the warranty period is subject to a $60 inspection fee, which is refundable if a fault is found with the unit.
Buyer shall not return Products without first obtaining a customer return material authorisation (RMA) number from Seller. The limited warranty set forth in this Section shall not apply in the event of any act, error, neglect or default of the Buyer or any third party or in the event of any breach of this Agreement by Buyer. Seller does not warrant that products will be free from design defects or errors. Refunds of purchase price are not given for change of mind. All product uncollected from our service centre or office is subject to a storage fee of $20 per month, uncollected goods will be sold after 2 months to credit your account.
This warranty does not extend to any implementation by Buyer in an application or environment that is not contained within Seller’s specifications, and does not extend for use of the Products as the principal mechanism in life-support applications or other applications that invoke potential risks of death, bodily injury or severe property or environmental damage (“Critical Applications”). SELLER’S PRODUCTS ARE NOT DESIGNED TO BE FAIL-SAFE, AND USE OF SELLER’S PRODUCTS IN ANY CRITICAL APPLICATIONS IS FULLY AND SOLELY AT THE RISK OF BUYER.
4. MODIFICATION. Seller may modify the specifications of Products and substitute Products manufactured to such modified specifications at any time without prior notice to Buyer, provided such Products substantially conform to the form, fit and function of the original product.
5. PAYMENT. In the event of default or late payment by Buyer, Seller shall be entitled to interest on outstanding amounts at the rate of 2% per month, costs, fees, and expenses, including but not limited to recovery of legal fees, court costs and fees, and collections costs. In the event of product return being accepted these fees apply. Unopened Box: 20% restocking fee applies. Unit has been connected and switched on: 50% restocking fee applies. All loaner equipment, test equipment and forward replacements not returned by the agreed time will be invoiced for and are payable immediately.
6. LIMITATION OF LIABILITY. Seller’s total liability arising out of or relating to these terms and conditions and/or sale of products, whether for breach of contract or warranty, negligence, or otherwise, shall be limited to the amount received by seller from buyer for the products which give rise to such liability or claims. In no event shall seller be liable for any costs of procurement of substitute goods by buyer, or for any lost profits, loss of data or any special, consequential, incidental or other damages, whether or not seller has been advised of the possibility of such loss or damages, however caused, and regardless of the theory on which such claim is based. The exclusions and limitations of this section 6 also apply to any liability that may arise out of third party claims against buyer.
7. USE OF PRODUCTS. Buyer shall indemnify Seller against all claims, losses, damage, or injury arising out of or related to the use of the Products, whether sold separately or incorporated into any of Buyer’s products or services
8. TECHNICAL ASSISTANCE OR ADVICE: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied. If a product is supplied as opposed to an entire solution, it is the buyers total responsibility for the performance of the solution and the compatibility of the components in it.
9. NOMAD POWER battery warranty terms are here