Contained Terms and Conditions

Definitions:

“Contained NZ” is a division of MB Ltd, the company holding exclusive distribution rights for the Contained product range for New Zealand, also referred to as ‘us’, ‘we’ and ‘our’ in these terms.

“Customer” is as described on the first page to this agreement, also referred to as ‘you’ in these terms.

“Good(s)” are the Good(s) as described on the first page to this agreement and includes any products and materials sourced by us to you and as described in any invoice, quotation and/or any other document provided to you by us.

“Price” is the price as set out in the first page to this agreement, and is inclusive of product cost from off-shore manufacturer, Contained commission, international shipping, customs clearance costs, customs GST, marine cargo insurance, domestic transport from port to devanning centre and all costs associated with devanning.

  1. Variation/Waiver – no variation or waiver of these Terms shall be valid, including any oral representations, which are inconsistent with these Terms, unless agreed in writing.
  2. Due Diligence – You acknowledged that you have done your own due diligence of the Goods ensure that you have sought your own professional advice and have taken all reasonable steps to ensure the suitability and practicality of the Goods prior to purchasing the Goods. Notwithstanding, the provisions of the Consumer Guarantees Act 1993 will not apply and to the fullest extent permissible by law you are contracting out of the provisions of that Consumer Guarantees Act 1993.
  3. Warranties – other than as set out in this agreement, we give no guarantees, representations or warranties, unless they are set out in writing from us or we are required to by law (and are unable to contract out of this). We shall not be liable for any physical damage or defects in respect of the Good(s), particularly where such damage or defect resulted from your (or a third party’s) actions or omissions.
  4. Payment – payment of any orders for the Good(s) will be paid in full before any order is placed with the appropriate manufacture as to secure your purchase. We may agree in writing that a deposit payment at a percentage of our choosing be paid where it is practical and reasonable to do so in order for your purchase to be reserved.
  5. Import Duties – we will directly pay all international import duties and shipping costs to source and facilitate the delivery of the Good(s) from the offshore manufacturer to the New Zealand devanning centre. These tariffs have been considered in each order of Good(s) Price.
  6. Cancellation – we may cancel any order received by us from you for the sourcing of Good(s) at any time where it becomes impracticable for us to source the Good(s) for any reason. We will not be liable for any loss or damage arising from such cancellation – other than a refund of any monies paid, we will have no further liability to you. We are under no obligation to accept your cancellation of this agreement, however, should we accept such cancellation any monies paid shall be forfeit to us.
  7. Risk & Loss – all risk in Good(s) shall pass to you upon the delivery of the Good(s) to the nominated devanning centre.
  8. Transport & Delivery – where we are facilitating the delivery of the Good(s) to your address, then transport is at your risk. You shall indemnify us for any liability arising from loss arising from the delivery of the Good(s) by any third party including where we have facilitated that third party to deliver the Good(s) following collection from the devanning centre.
  9. Physical damage/defects – We will not be liable for any physical damage or defects in respect of the Good(s). You acknowledge have not relied upon any representation by us or any entity related to us, and that you have had adequate opportunity to obtain independent expert opinion on the Good(s).
  10. Installation – if the Good(s) requires installation for the Good(s) to be fit for purpose, you acknowledge that we are not liable for any loss you suffer as a result of improper installation caused by you or any installer that you engage (this includes any installer that we placed you in contact with or recommend to you). You further acknowledge that any installation is not a provided service of this agreement.
  11. Building Act – where the Good(s) are considered to be a building as defined by the Building Act 2004, you acknowledge that agreeing to purchase the Good(s), you are becoming an owner of a building and incur the responsibilities of a building owner including obtaining any necessary consents, compliance, approvals and certificates, and ensuring that any work carried out on the Good(s) complies with the relevant building consent and building codes.
  12. Limitation of Liabilities – we will not be liable to you or to any other person, for any loss or damage caused by any delay in the sourcing of Good(s) however that delay is caused or arising directly or indirectly from the sourcing of the Good(s). We will not be liable for any consequential, indirect or special damages or loss of any kind suffered by you or any other person caused by any breach by us of any of our obligations under these Terms. If we are ever liable to you, or any other person, then our liability is in all cases limited to the price of the sourcing of the Good(s).
  13. Other Hazards – we are not liable for any delay or damage caused directly or indirectly by weather conditions, labour disputes, strikes, pandemics, accidents, fire, and failure of manufacturers to source and facilitate the delivery of the Goods or any other events beyond our reasonable control.
  14. Force Majeure – you understand and agree that the sourcing and facilitation of delivery of the Goods from the manufacturer may be disrupted (without notice), if a natural disaster occurs, pandemic, fire, flood or similar major event beyond our control. Where practicable, we will consult with you to discuss the impact and a forward plan. However, we serve the right to terminate this agreement and refund any sums you have paid.
  15. Other Things You Need to Know – if any provision of these Terms shall be invalid or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired. We may sub-contract any part of this contract. No subcontractor has any authority to agree to any variation of these Terms on behalf of us. You may not assign all or any of your rights or obligations under these Terms without our written permission. We may assign all or part of the rights or obligations under these Terms. The termination of these Terms, for any reason, will not limit in any way the obligations and liabilities incurred by you under these Terms.