Terms and Conditions
These terms and conditions of sale (“ Terms and Conditions”) between CEMIX PRODUCTS LIMITED (the “Company”) and the customer (the "Customer") shall apply to all orders from the Customer that are accepted by the Company and all quotations and/or tenders (“Quotations”) from the Company that are accepted by the Customer, for any goods (“Goods”) supplied or to be supplied to the Customer by the Company. These Terms and Conditions shall prevail and take precedence over any other document or oral message from the Customer, unless otherwise agreed in writing and signed on behalf of the Company by an authorised person. Where the Company fails to enforce any terms or conditions under any contract subject to these Terms and Conditions, the Company will not be deemed to have waived any of its rights with respect to any term, condition or right.
In these Terms and Conditions: 'PPSA' means the Personal Property Securities Act 1999 and, unless the contrary intention appears, the terms 'after acquired property', 'at risk', 'financing statement', 'financing change statement', 'proceeds', 'security interest' and 'verification statement' each have the meaning given to that term in the PPSA.
Company Guarantee & Warranty
Subject to the Consumer Guarantees Act 19 93 (“CGA”) , unless otherwise agreed in writing by the Company, the warranty for the Goods shall be for three (3) months from delivery (“Warranty Period”) as to merchantable quality. The Customer shall be responsible for all costs of returning the Goods to the Company. Subject to the CGA, where the Company accepts liability, its sole obligation under this warranty is, at its option, to replace, or refund defective Goods during the Warranty Period. The Company’s maximum liability for any loss to the Customer in connection with the sale, supply, delivery or application of the Goods is limited to the purchase price of the Goods.
To the extent permitted by law, the Company will have no liability to the Customer whatsoever for any defects in the Goods other than as set out in these Terms and Conditions. In particular, the Company will not be liable for any costs, losses, injuries or damages (whether direct, indirect or consequential) suffered by the Customer or any third party in connection with the purchase or use of the Goods, including but not limited to: acts of God or war; weather or climatic conditions; or any other event beyond the reasonable control of the Company. The occurrence of such an event shall not give the Customer a right of cancellation of any contract.
Application of the Consumer Guarantees Act 1993
If the Customer is acquiring the Goods for business or commercial purposes, the provisions of the CGA shall not apply. If the Customer makes any representations to a third party consumer purchaser the Customer shall indemnify the Company against any liability or cost incurred by the Company as a result of any breach by the Customer of the CGA.
Claims for Defective Goods
Written warranty claims for defective Goods (being Goods that are not of merchandisable quality must be made by the Customer to the Company within 30 days of the identification of the defect. Should the Customer not do so, any liability the Company may have under these Terms and Conditions will be deemed to have been waived by the Customer. Any claim must specify the nature and extent of the defect and any further evidence as the Company may require. The Company shall not be required to consider any warranty claim until all requested information/evidence has been provided and the Company has had reasonable opportunity to investigate the claim.
The Customer agrees that claims shall not be considered in respect of Goods that:
- have not been stored in their shrink-wrapped pallet and under adequate cover
- have been improperly stored causing damage or deterioration
- have been altered in any way different to the conditions in which they have been supplied
- have been mixed with or attached to other goods or property of the Customer causing damage or deterioration to the Goods
- have been used for purposes other than that declared by the Customer when providing an order or requesting a Quotation
- have been sold on tender or in non-standard lots and on a non-refundable basis as declared in the Quotation are outside of the Warranty Period.
Grounds for Termination by the Company
The Company may terminate any contract and/or these Terms and Conditions immediately on written notice to the Customer if the Customer:
- defaults for any reason; or
- commits any material breach of these Terms and Conditions; or
- commits any act of bankruptcy or is otherwise unable to pay its debts as they fall due, enters into any composition or arrangement with creditors, or (in the case of a company) does any act which would render it liable to be liquidated or if a resolution is passed or proceedings commenced for the liquidation of the Customer or a Receiver, Administrator or similar person is appointed in respect of any assets of the Customer; or
- if the Goods are at risk.
Upon the termination for any reason, all rights of the Customer granted under any contract or these Terms and Conditions shall terminate. Termination shall not relieve the Customer of its obligations to pay any money owed by it to the Company on any account whatsoever and such money shall become payable immediately, notwithstanding that the date for payment may not have arrived. Termination shall not relieve the Customer from liability arising from any antecedent breach of the terms of any contract. Upon, or at any time after the occurrence of a default the Company may (in addition to and whether or not it has exercised any of its other rights powers or remedies) appoint any person or persons to be receiver of all or any of the Goods or any other property over which the Customer has granted security to the Company.
A receiver has (in addition to the powers conferred by the Receiverships Act 1993, at law or otherwise and except to the extent expressly excluded by his or her terms of appointment) all the powers in relation to the Goods to do anything the Customer (or a person with absolute ownership of the Goods and carrying on the business for its own benefit) could do and to exercise such powers on such terms and conditions as the receiver thinks fit. Applicable Law for Dispute and Arbitration In the event of any dispute between the Company and the Customer if, and the parties are unable to resolve the dispute by discussion and negotiation within seven days of receipt of the written notice of the dispute from one party to the other , then the dispute shall be referred to mediation. The mediation must be conducted by a mediator agreed by the parties on a shared cost basis. Failing agreement between the parties, the mediator will be selected by the Chair for the time being of LEADR New Zealand Inc. If the dispute remains unresolved after the mediation, then the Dispute must be submitted to the arbitration of a single arbitrator agreed on between the parties, or in default of agreement to be nominated by the president of the New Zealand Law Society. The arbitration will be conducted in accordance with the Arbitration Act 1996 and the provisions of the Second Schedule to the Act will apply. Nothing in this clause will prevent any party from taking immediate steps to seek urgent interlocutory relief before an appropriate court.
This website and its contents are the property of Cemix Products Limited and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or any use of the trade marks displayed on the web site, is prohibited without the prior written permission of Cemix Products Limited.
The Company and the Customer agree that these Terms and Conditions and any contract subject to them will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law, and the parties submit to the nonexclusive jurisdiction of the New Zealand courts. The Customer shall not assign any of it rights or obligations under these Terms and Conditions, or any contract subject to them, without the prior consent in writing of the Company. The Company shall be entitled to assign any of its rights or obligations under these Terms and Conditions, or any contract subject to them, without the consent of the Customer.
This website may be accessed in New Zealand and throughout the world. Cemix Products Limited makes no offer in or by this website to sell any product or service in any country outside New Zealand and no representations that the content of this web site complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New Zealand.
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. Cemix Products Limited makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Cemix Products Limited, its directors, officers, employees, agents, contractors, franchisees, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this web site and any other site linked to this website.
Cemix Products Limited is bound by the NZ Privacy Act 1993. For more information, visit www.privacy.org.nz.
Collection and use of personal information
Cemix Products Limited often collects limited personal information that personally identifies you (“Personal Information”) such as: (i) name, mailing and email addresses; (ii) residential address, city, state, postcode, area code, gender, age, purchase history, income, hobbies and interests (iii) products you own, model numbers, date and place of purchase. If you communicate with us by e-mail, or complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information. For example, we may request personal information from you when you:
- order goods that require delivery;
- apply for finance;
- contact us for further information;
- participate in surveys and other types of research;
- enter a promotion, sweepstake, or contest hosted by Snooze;
- subscribe to our mailing list;
- register your details on our web site;
- apply for a franchise;
- ask for a quote to be prepared;
- express interest in a particular Snooze service; or
- submit a job application or résumé.
Other information we may collect
For statistical purposes we collect anonymous information on web site activity (such as top pages viewed, the number of pages viewed, the number of sessions, most popular session times). We use this data to evaluate our web site performance and to improve the content we display to you. To evaluate the effectiveness of our online advertising (including clickthroughs from email marketing), we may use third parties to collect statistical data. No personal information is collected on these occasions.
Cemix Products Limited uses tracking technologies such as cookies to recognise your browser each time it visits our site, and to track which pages you visit whilst on our site. We use this information to optimize our site and create a better online experience for you.
Cookies are pieces of information that a web site transfers to a computer's hard disk for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not themselves personally identify users, although they do identify a user's browser. However, if you do not wish to receive any cookies, you may set your browser to refuse them.
How we use your information
Cemix Products Limited uses your information to better understand your needs and provide you with better service. Cemix Products Limited may share your Personal Information amongst related bodies corporate of Cemix Products Limited. Cemix Products Limited also uses your Personal Information:
- to complete a transaction.
- to deal with your queries or customer service issues promptly whether by email, telephone or mail. We may also keep information on your communications with our customer service representatives.
- to keep you up-to-date with products, services, events or promotions we think would be of particular interest through a variety of channels. You will be able to "opt-out" from this activity at any time.
- to enhance your customer experience and help us complete your transactions faster.
- for planning, product development or research purposes.
Disclosure of personal information
We will only send Personal Information to third party organisations when:
- we have your consent to share the information;
- we need to share your information in order to provide the product or service you have requested;
- we need to send your information to companies that are contracted to Cemix Products Limited e.g. mailing houses, IT service providers, service providers (e.g. assemblers, repairers), web developers, marketing agencies, finance companies; or
- we are required or authorised by law to disclose the information.
Such information remains under Cemix Products Limited’s custodianship at all times and the agents involved are bound by specific confidentiality and non-disclosure agreements.
Third-party web sites
Links to third party web sites on www.cemix.co.nz are provided solely as a convenience to you. If you use these links, you will leave Cemix Products Limited’s site. Cemix Products Limited is not responsible for any of these sites, their content or their usage of your personal information.
Cemix Products Limited only want to communicate with you if you want to hear from us. If you would like to unsubscribe from receiving email Newsletters you can do so by following the unsubscribe link in the email you have received. Should you wish to be removed from all our mailing lists please contact firstname.lastname@example.org.
Cemix Products Limited is committed to ensuring the security of your personal information and we will take all reasonable precautions to protect this information from loss, misuse or alteration.
Changes to this statement
Cemix Products Limited
19 Alfred Street, Onehunga,