Terms and conditions of sale

New Zealand

International

New Zealand

These are the terms and conditions under which goods ordered from Sirtrack Limited (“Sirtrack”) will be supplied to Purchasers within New Zealand.

Pricing and Payment
1. Unless the price shown on the Contract Note is stated to be “fixed price”, prices charged will be those ruling at the date of dispatch notwithstanding the prices shown on the Contract Note. Prices may be altered without notice at Sirtrack’s sole discretion due to such factors as changes in government taxes, exchange rates, imported content, labour rates, or cost of materials.
2. Any changes in price resulting from these factors will be considered as being accepted by the Purchaser as “reasonable” for the purposes of the Consumer Guarantees Act 1993 or the Sale of Goods Act 1908, as applicable.
3. Payment is due 30 days from date of invoice. Sirtrack reserves the right to charge penalty interest of 2% above the Reserve Bank’s official cash rate on overdue accounts.
Delivery
1. Sirtrack will not be responsible for any failure to deliver or delay in delivery caused by any event reasonably beyond the control of Sirtrack.
2. Sirtrack will use all reasonable endeavours to make delivery at the time specified in the Contract Note, or otherwise advised, but if for any reason delivery is delayed, Sirtrack will not be responsible for any loss or damage sustained by the Purchaser or any third party by reason of such delay.
Passing of Risk

The risk in goods supplied by Sirtrack to the Purchaser will pass to the Purchaser on their dispatch from Sirtrack’s premises, but the ownership in them will not pass to the Purchaser until the Purchaser has paid in full the price invoiced by Sirtrack.
Supply and Repair

Sirtrack reserves the right to discontinue any product, design or colour at any time and to cancel any contract relating to the same. No undertaking is given by Sirtrack as to the availability of repair services or spare parts for any period of time following delivery.
Warranties
1. Sirtrack strives to manufacture high quality products and warrants them accordingly. At its sole discretion, Sirtrack will either repair or replace any products which fail because of demonstrable defects in materials or workmanship.
2. While Sirtrack selects cells and batteries with care and tests them under appropriate conditions, it does not manufacture them, and cannot be responsible for their premature failure.
Liability
1. Subject to its obligations under the Consumer Guarantees Act 1993, Sirtrack will not be liable for any loss or damage of any kind, including consequential loss or damage suffered by the Purchaser, its employees or its agents arising out of or in connection with work done or goods supplied by Sirtrack.
2. Regardless of anything else contained in these terms and conditions, the liability of Sirtrack in respect of all claims for loss or damage arising from any of Sirtrack’s obligations in connection with work done or goods supplied will not in aggregate exceed the price which the Purchaser has paid to Sirtrack. Such limitation of liability includes loss resulting from any cancellation of the contract or from any negligence, misrepresentation or other act or omission on the part of Sirtrack, its employees, agents or contractors.
Disputes

Any disputes concerning these terms and conditions that cannot be resolved by negotiation in good faith between the parties shall be determined by mediation or, failing that, by arbitration.

International

These are the terms and conditions under which goods ordered from Sirtrack Limited (“Sirtrack”) will be supplied to Purchasers in countries other than New Zealand.

Pricing and Payment
1. Unless the price shown on the Contract Note is stated to be “fixed price”, prices charged will be those ruling at the date of dispatch notwithstanding the prices shown on the Contract Note. Prices may be altered without notice at Sirtrack’s sole discretion due to such factors as changes in government taxes, exchange rates, imported content, labour rates, or cost of materials.
2. Payment is due 30 days from date of invoice. Sirtrack reserves the right to charge penalty interest of 2% above the New Zealand Reserve Bank’s official cash rate on overdue accounts.
Delivery
1. Sirtrack will not be responsible for any failure to deliver or delay in delivery caused by any event reasonably beyond the control of Sirtrack.
2. Sirtrack will use all reasonable endeavours to make delivery at the time specified in the Contract Note, or otherwise advised, but if for any reason delivery may be delayed, Sirtrack will not be responsible for any loss or damage sustained by the Purchaser or any third party by reason of such delay.
Passing of Risk

The risk in goods supplied by Sirtrack to the Purchaser will pass to the Purchaser on their dispatch from Sirtrack’s premises, but the ownership in them will not pass to the Purchaser until the Purchaser has paid in full the price invoiced by Sirtrack.
Supply and Repair

Sirtrack reserves the right to discontinue any product, design or colour at any time and to cancel any contract relating to the same. No undertaking is given by Sirtrack as to the availability of repair services or spare parts for any period of time following delivery.
Warranties
1. Sirtrack strives to manufacture high quality products and warrants them accordingly. At its sole discretion, Sirtrack will either repair or replace any products which fail because of demonstrable defects in materials or workmanship.
2. While Sirtrack selects cells and batteries with care and tests them under appropriate conditions, it does not manufacture them, and cannot be responsible for their premature failure.
Liability
1. Sirtrack will not be liable for any loss or damage of any kind, including consequential loss or damage suffered by the Purchaser, its employees or its agents arising out of or in connection with work done or goods supplied by Sirtrack.
2. Regardless of anything else contained in these terms and conditions, the liability of Sirtrack in respect of all claims for loss or damage arising from any of Sirtrack’s obligations in connection with work done or goods supplied will not in aggregate exceed the price which the Purchaser has paid to Sirtrack. Such limitation of liability includes loss resulting from any cancellation of the contract or from any negligence, misrepresentation or other act or omission on the part of Sirtrack, its employees, agents or contractors.
Disputes

These terms and conditions are governed by the laws of New Zealand. Any disputes concerning them that cannot be resolved by negotiation in good faith between the parties shall be determined by mediation or, failing that, by arbitration conducted in accordance with the relevant UNCITRAL model law.