Webbline Terms & Conditions of Trade

 1. Definitions

1.1 “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice, hire agreement or other document provided by Webbline to the Customer that are expressed to be (or are by necessary implication) supplemental to these terms and conditions.

1.2 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using Webbline’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.3 “Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Webbline to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
  a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
  b) if the Customer is a partnership, it shall bind each partner jointly and severally; and
  c) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
  d) includes the Customer’s executors, administrators, successors and permitted assigns.

1.4 “Goods” means all goods or services supplied by Webbline to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other), but it excludes any Equipment.

1.5 “Equipment” means all equipment, including any accessories, supplied on hire, demo or loan by Webbline to the Customer (and where the context so permits shall include any supply of Services associated with the Equipment). The Equipment shall be as described in the hire agreement, on the invoices, quotation, or any other work authorisation form provided by Webbline to the Customer.

1.6 “Minimum Hire Period” means the Minimum Hire Period as described on the invoices, quotation, hire agreement, or any other forms as provided by Webbline to the Customer.

1.7 “Price” means the Price payable for the Goods / Equipment hire (plus any Goods and Services Tax (“GST”) where applicable) as determined in accordance with clause 6 below.

1.8 “Webbline” means Webbline Agriculture Limited, its successors and assigns.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts Delivery of the Goods/Equipment.

2.2 In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.

2.3 Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.

2.4 Webbline shall in its sole discretion be entitled to refuse any order or request for the supply of Goods/Equipment.

2.5 Without limiting clause 2.4, the Customer acknowledges and accepts that:
a) the supply of Goods/Equipment on credit is conditional on and shall not take effect until the Customer has completed a credit application with Webbline and it has been approved with a credit limit established for the account;
b) in the event that an order or other request for the supply of Goods/Equipment request exceeds the Customer’s credit limit and/or the account exceeds the payment terms, without limiting its rights under these terms and conditions or law Webbline reserves the right in its sole discretion to either refuse to accept, or to cancel all or any part of any order (in accordance with clause 20.4), or to accept the order but refuse Delivery until such time as the Customer’s account is brought back within the credit limit; and
c) the supply of Goods/Equipment for accepted orders is conditional on availability of the Goods / Equipment and if, for any reason, Goods / Equipment are not or cease to be available, Webbline reserves the right to substitute the Goods/Equipment with alternative goods of a similar nature and quality and vary the Price as per clause 6.2, subject to prior consultation with the Customer and agreement of both parties. Webbline also reserves the right to halt all Services until such time as Webbline and the Customer agree to such substitution and in the event the parties cannot reach agreement within 30 days, Webbline shall be entitled to cancel the order. Webbline shall not be liable to the Customer for any loss or damage the Customer suffers due to Webbline exercising its rights under this clause.
d) Webbline shall in its sole discretion be entitled to refuse any request for variation to the Goods/Equipment and/or Services.

2.6 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Trade-ins 

3.1 In the event that Webbline accepts a trade-in either as part payment of purchase of Goods or outright payment of Goods, then the Customer acknowledges and warrants that he/she owns the said trade-in property and that it is not in any subject to any security, charge, lien or hire purchase agreement.

3.2 The Customer shall indemnify Webbline in respect of all losses, damages, claims, costs and expenses caused as a result of the Customer’s breach of warranty in clause 3.1.

3.3 All trade-in items will be subject to a full inspection prior to a trade-in value being established.

4. Errors and Omissions

5. Change in Control

5.1 The Customer shall give Webbline not less than fourteen (14) days’ prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to changes in the Customer’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Customer shall be liable for any loss incurred by Webbline as a result of the Customer’s failure to comply with this clause.

6. Price and Payment

6.1 The Price shall be either:
a) the Price set out in the quotation provided by Webbline; or
b) the Price otherwise agreed between Webbline and the Customer; or
c) where no Price has been quoted or agreed, the Price as at the date of Delivery of the Goods/Equipment according to Webbline’s current price list.

6.2 Webbline reserves the right to change the Price:
a) if a variation to the Goods/Equipment which are to be supplied is requested; or
b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested;
c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to accessing the site, etc.) which are only discovered on commencement of the Services; or
d) the Goods/Equipment are not or cease to be available and Webbline provides alternative Goods/Equipment; or
e) in the event of increases to Webbline in the cost of labour or materials and/or otherwise in connection with providing the Goods/Equipment and Services (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to Webbline in the cost of taxes, levies, freight and insurance charges, or delays in shipment, etc.) which are beyond Webbline’s control.

6.3 Variations will be charged for on the basis of Webbline’s quotation for the variation (or as otherwise notified by Webbline), and will be detailed in writing and shown as variations on Webbline’s invoice. The Customer shall be required to respond to any variation submitted by Webbline within ten (10) working days. Failure to do so will entitle Webbline to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

6.4 At Webbline’s sole discretion a non-refundable deposit will be required in respect of any order for Goods/Equipment and any cancellation of an order will have said deposit forfeited in accordance with clause 21.4. In the event that the deposit is in the form of machinery traded in (at which time ownership of that machinery shall pass to Webbline), then such machinery shall under no circumstances be returned to the Customer for any reason.

6.5 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Customer in cleared funds on the date/s determined by Webbline, which may be:
a) before Delivery of the Goods/Equipment (or any instalment thereof);
b) by way of instalments/progress payments in accordance with Webbline’s payment schedule;
c) for certain approved Customers, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
d) the date specified on any invoice or other form as being the date for payment; or
e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Webbline.

6.6 Payment may be made by cash, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Customer and Webbline.

6.7 Webbline may in its discretion allocate any payment received from the Customer towards any invoice that Webbline determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer Webbline may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Webbline, payment will be deemed to be allocated in such manner as preserves the maximum value of Webbline’s Purchase Money Security Interest (as defined in the PPSA) in the Goods/Equipment.

6.8 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Webbline nor to withhold payment of any invoice because part of that invoice is in dispute.

6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Webbline an amount equal to any GST Webbline must pay for any supply by Webbline under this or any other agreement for the sale of the Goods/hire of the Equipment. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

7. Delivery of Goods/Equipment

7.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
a) the Customer or the Customer’s nominated carrier takes possession of the Goods/Equipment at Webbline’s address; or
b) Webbline (or Webbline’s nominated carrier) delivers the Goods/Equipment to the Customer’s nominated address even if the Customer is not present at the address.

7.2 The cost of Delivery is excluded from the Price, unless otherwise expressly stated in the relevant quote, order, or invoice provided by Webbline.

7.3 Webbline may deliver the Goods/Equipment in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

7.4 Any time specified by Webbline for Delivery of the Goods/Equipment is an estimate only, and Webbline will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late.

7.5 The Customer shall make every endeavour to accept delivery of the Goods/Equipment at the time and place as was arranged between both parties. In the event that Webbline is unable to supply the Goods/Equipment as agreed solely due to any action or inaction of the Customer, then Webbline shall be entitled to charge a reasonable fee for redelivery and/or storage.

8. Goods on Consignment

8.1 Where Goods are supplied on consignment the following provisions apply specifically to those Goods:
a) the Goods shall be at the Customer’s risk from the time of Delivery and the Customer shall be responsible for insuring the Goods; and
b) the Customer may retain possession of the Goods until the Customer sells them or Webbline requires re-delivery of them to Webbline, whichever first occurs; and
c) if Webbline requires re-delivery of the Goods such re-delivery shall be at the Customer’s cost.

8.2 Furthermore, consignment Goods shall at all times remain the property of Webbline and are returnable on demand by Webbline. In the event that the consignment Goods are not returned to Webbline in the condition in which the consignment Goods were delivered, then Webbline retains the right to charge the cost of repair or replacement of the consignment Goods.

9. Risk to Goods

9.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery, and the Customer must insure the Goods on or before Delivery.

9.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Customer, Webbline is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Webbline is sufficient evidence of Webbline’s rights to receive the insurance proceeds without the need for any person dealing with Webbline to make further enquiries.

9.3 If the Customer requests Webbline to leave Goods outside Webbline’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Customer’s sole risk.

9.4 Webbline acknowledges that all descriptive specifications, illustrations, dimensions, and weights stated in Webbline’s or the manufacturer’s fact sheets, price lists, or advertising material are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by Webbline.

9.5 Webbline shall be entitled to rely on the accuracy of any specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, Webbline accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate specifications or other information.

9.6 The Customer acknowledges and accepts that:
a) Goods supplied may exhibit variations in shade, colour, texture, surface, and finish, and may fade or change colour over time. Webbline will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
b) Goods supplied by Webbline shall comply with applicable safety and industry standards. The Customer accepts that where the Customer fails to adhere to any care and maintenance advice relating to the Goods, then the Customer shall not hold Webbline liable for any losses or damage caused by any failure of the Goods.

10. Access

10.1 The Customer shall ensure that Webbline has clear and free access to the site at all times to enable them to undertake the Services and deliver the Goods/Equipment. Webbline shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways, and concreted, paved, or grassed areas) unless due to the negligence of Webbline.

11. Compliance with Laws

11.1 The Customer and Webbline shall comply with the provisions of all statutes, regulations, and any other relevant safety standards (including WorkSafe guidelines) or legislation that may be applicable to the Services.

12. Title to Goods

12.1 Webbline and the Customer agree that ownership of the Goods shall not pass until:
a) the Customer has paid Webbline all amounts owing to Webbline; and
b) the Customer has met all of its other obligations to Webbline.

12.2 Receipt by Webbline of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised.

12.3 It is further agreed that:
a) until ownership of the Goods passes to the Customer in accordance with clause 12.1, the Customer is only a bailee of the Goods and must return the Goods to Webbline on request;
b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Webbline and must pay to Webbline the proceeds of any insurance in the event of the Goods being lost, damaged, or destroyed;
c) the Customer must not sell, dispose of, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes, or parts with possession of the Goods, then the Customer must hold the proceeds of any such act on trust for Webbline and must pay or deliver the proceeds to Webbline on demand;
d) the Customer should not convert or process the Goods or intermix them with other goods, but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Webbline and must sell, dispose of, or return the resulting product to Webbline as it so directs;
e) the Customer irrevocably authorises Webbline to enter any premises where Webbline believes the Goods are kept and recover possession of the Goods;
f) Webbline may recover possession of any Goods in transit whether or not Delivery has occurred;
g) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Webbline;
h) Webbline may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

13. Personal Property Securities Act 1999 (“PPSA”)

13.1 Upon assenting to these terms and conditions in writing, the Customer acknowledges and agrees that:
a) The Contract constitutes a security agreement for the purposes of the PPSA; and
b) a security interest is taken in all Goods/Equipment that have been supplied and that will be supplied in the future by Webbline to the Customer, and the proceeds from such Goods/Equipment as listed by Webbline to the Customer in invoices rendered from time to time.

13.2 The Customer undertakes to:
a) sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all respects) which Webbline may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
b) indemnify, and upon demand reimburse, Webbline for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby;
c) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment or the proceeds of such Goods/Equipment in favour of a third party without the prior written consent of Webbline; and
d) immediately advise Webbline of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.

13.3 Webbline and the Customer agree that nothing in sections 114(1)(a), 133, and 134 of the PPSA shall apply to these terms and conditions.

13.4 The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.

13.5 Unless otherwise agreed to in writing by Webbline, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.

13.6 The Customer shall unconditionally ratify any actions taken by Webbline under clauses 13.1 to 13.5.

13.7 Subject to any express provisions to the contrary (including those contained in this clause 13), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

13.8 For the purposes of section 36(1) of the PPSA, the collateral is Goods or Equipment, including any Goods or Equipment which is described in any order, quote, invoice, hire agreement or other form provided by Webbline to the Customer from time to time.

14. Security and Charge

14.1 In consideration of Webbline agreeing to supply the Goods/Equipment, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty, or other assets capable of being charged, owned by the Customer either now or in the future, and the Customer grants a security interest in all of its present and after-acquired property to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money). The terms of the charge and security interest are the terms of Memorandum 2018/4344 registered pursuant to s.209 of the Land Transfer Act 2017.

14.2 The Customer indemnifies Webbline from and against all Webbline’s costs and disbursements including legal costs on a solicitor-and-own-client basis incurred in exercising Webbline’s rights under this clause.

14.3 The Customer irrevocably appoints Webbline and each director of Webbline as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.

15. Customer as a Business

15.1 The Customer warrants that it enters into any Contract for the purposes of business.

15.2 Apart from any express warranties provided by Webbline, Webbline makes no representations and gives no assurances, warranties, or guarantees to the Customer in relation to the Goods/Equipment. To the maximum extent permitted by law, any representation, assurance, warranty, or guarantee implied by law, custom, or practice is excluded.

15.3 To the maximum extent permitted by law, none of Webbline’s agents or representatives are authorised to make any representations, statements, conditions, or agreements not expressed by one of Webbline’s directors in writing.

15.4 The Customer and Webbline agree to contract out of the following sections of the Fair Trading Act in accordance with section 5D of the Fair Trading Act:
15.4.1 Section 9: Misleading and deceptive conduct generally;
15.4.2 Section 12A: Unsubstantiated representations;
15.4.3 Section 13: False or misleading representations.

15.5 The Customer and Webbline agree to contract out of the Consumer Guarantees Act 1993 (CGA) (to the extent that it is applicable) in accordance with section 43 of the CGA.

15.6 The Customer agrees that it is fair and reasonable to be bound by clauses 15.4 and 15.5.

15.7 None of these exclusions excludes or limits any warranties which cannot be excluded by law.

16. Defects

16.1 The Customer shall inspect the Goods/Equipment on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify Webbline of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote. The Customer shall afford Webbline an opportunity to inspect the Goods/Equipment within a reasonable time following Delivery if the Customer believes the Goods are defective in any way.

If the Customer fails to comply with these provisions, the Goods/Equipment shall be presumed to be free from any defect or damage. For defective Goods/Equipment which Webbline has agreed in writing that the Customer is entitled to reject, Webbline’s liability is limited to either (at Webbline’s discretion) replacing the Goods/Equipment or repairing the Goods/Equipment.

16.2 Goods/Equipment will not be accepted for return for any reason other than those specified in clause 16.1 above (or in the case of Equipment hire, normal termination of Equipment hire in accordance with the full terms and conditions herein).

17. Returns of Goods

17.1 Returns of Goods (including, but not limited to, spare parts) will only be accepted provided that:
a) the Customer has complied with the provisions of clause 16.1; and
b) Webbline has agreed in writing to accept the return of the Goods; and
c) the Goods are returned at the Customer’s cost within fourteen (14) days of the Delivery date; and
d) Webbline will not be liable for Goods which have not been stored or used in a proper manner; and
e) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures, and instruction material in as new condition as is reasonably possible in the circumstances.

17.2 Webbline will not accept the return of Goods for credit.

17.3 Webbline may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods plus any freight.

17.4 Subject to clause 16.1, non-stocklist items or Goods made to the Customer’s specifications are not acceptable for credit or return.

18. Warranty

18.1 For Goods not manufactured by Webbline, the warranty shall be the current warranty provided by the manufacturer of the Goods. To the extent permitted by law, Webbline shall not be bound by nor be responsible for any term, condition, representation, or warranty other than that which is given by the manufacturer of the Goods.

18.2 In the case of second-hand Goods, the Customer acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults. No warranty is given by Webbline as to the quality or suitability for any purpose, and any implied warranty, statutory or otherwise, is expressly excluded. Webbline shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.

19. Intellectual Property

19.1 Where Webbline has designed, drawn, or developed Goods/Equipment for the Customer, then the copyright in any designs, drawings, and documents shall remain the property of Webbline. Under no circumstances may such designs, drawings, and documents be used without the express written approval of Webbline.

19.2 The Customer warrants that all designs, plans, drawings, specifications, or instructions given to Webbline will not infringe any intellectual property rights of any third party and warrants that it has the authority to license Webbline to execute the Customer’s order and/or complete any design based on those plans, drawings, or specifications and/or to reproduce them in a three-dimensional form. The Customer agrees to indemnify Webbline against any action taken by a third party against Webbline in respect of or arising from any breach of such warranty.

19.3 The Customer agrees that Webbline may (at no cost) use, for the purposes of marketing or entry into any competition, any documents, designs, drawings, or Goods/Equipment which Webbline has created for the Customer.

20. Default and Consequences of Default

20.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Webbline’s sole discretion such interest shall compound monthly at such a rate) after, as well as before, any judgment.

20.2 If the Customer owes Webbline any money, the Customer shall indemnify Webbline from and against all costs and disbursements incurred by Webbline in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor-and-own-client basis, Webbline’s collection agency costs, and bank dishonour fees).

20.3 Further to any other rights or remedies Webbline may have under this Contract, if a Customer has made payment to Webbline and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Webbline under this clause 20, where it can be proven that such reversal is found to be illegal, fraudulent, or in contravention of the Customer’s obligations under this Contract.

20.4 Without prejudice to Webbline’s other remedies at law, Webbline shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Webbline shall, whether or not due for payment, become immediately payable if:
a) any money payable to Webbline becomes overdue, or in Webbline’s opinion the Customer will be unable to make a payment when it falls due;
b) the Customer has exceeded any applicable credit limit provided by Webbline;
c) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
d) a receiver, manager, liquidator (provisional or otherwise), or similar person is appointed in respect of the Customer or any asset of the Customer.

21. Cancellation

21.1 Without prejudice to any other remedies Webbline may have, if at any time the Customer is in breach of any obligation (including, but not limited to, those relating to payment) under the Contract, Webbline may suspend the supply of Goods/Equipment to the Customer. Webbline will not be liable to the Customer for any loss or damage the Customer suffers because Webbline has exercised its rights under this clause.

21.2 Webbline may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods/Equipment at any time before the Goods/Equipment are delivered by giving written notice to the Customer. On giving such notice, Webbline shall repay to the Customer any money paid by the Customer for the Goods/Equipment. Webbline shall not be liable for any loss or damage whatsoever arising from such cancellation.

21.3 In the event that the Customer cancels Delivery of Goods/Equipment, the Customer shall be liable for any and all loss, damage, or cost incurred (whether direct or indirect) by Webbline as a direct result of the cancellation (including, but not limited to, any loss of profits).

21.4 The Customer may not cancel an order for Goods/Equipment (including for Goods/Equipment made to the Customer’s specifications, or for non-stocklist items, etc.), except at the express written approval of Webbline. Where it is agreed by Webbline that an order may be cancelled, then the Customer shall become liable for any loss, cost, or expense incurred by Webbline as a direct result of the cancellation.

22. Privacy Policy

22.1 Webbline’s collection, use, and disclosure of Personal Information is governed by the Privacy Act 2020 and Webbline‘s Privacy Policy (as published on our website and updated from time to time).

22.2 By entering into this Contract, the Customer consents to Webbline handling Personal Information in accordance with that Privacy Policy.

22.3 Where Webbline collects information for trade account or credit purposes, including but not limited to name, address, date of birth, occupation, driver’s license details, credit history, and next-of-kin information, the Customer authorises Webbline to:
a) use such information to assess creditworthiness, establish or administer a trade account, and recover outstanding amounts; and
b) disclose such information to credit providers, credit reporting agencies, and debt collection agencies for these purposes.

22.4 The Customer has the right to access and request correction of Personal Information held by Webbline and may make a complaint to Webbline or the Office of the Privacy Commissioner (www.privacy.org.nz).

22.5 In the event of a notifiable privacy breach, Webbline will comply with its obligations under the Privacy Act 2020.

22.6 All emails, documents, images or other recorded information held or used by Webbline is “Personal Information” as defined and referred to in clause 22.3 and therefore considered confidential. Webbline acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”). Webbline acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by Webbline that may result in serious harm to the Customer, Webbline will notify the Customer in accordance with the Act. Any release of such Personal Information must be in accordance with the Act and must be approved by the Customer by written consent, unless subject to an operation of law.

22.7 Notwithstanding clause 22.1, privacy limitations will extend to Webbline in respect of Cookies where the Customer utilises Webbline’s website to make enquiries. Webbline agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
a) IP address, browser, email client type and other similar details;
b) tracking website usage and traffic; and
c) reports are available to Webbline when Webbline sends an email to the Customer, so Webbline may collect and review that information (“collectively Personal Information”).
If the Customer consents to Webbline’s use of Cookies on Webbline’s website and later wishes to withdraw that consent, the Customer may manage and control Webbline’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

22.8 The Customer authorises Webbline or Webbline’s agent to:
a) access, collect, retain and use any information about the Customer;
i) (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
ii) for the purpose of marketing products and services to the Customer.
b) disclose information about the Customer, whether collected by Webbline from the Customer directly or obtained by Webbline from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.

22.9 Where the Customer is an individual the authorities under clause 22.3 are authorities or consents for the purposes of the Privacy Act 2020.

22.10 The Customer shall have the right to request (by e-mail) from Webbline, a copy of the Personal Information about the Customer retained by Webbline and the right to request that Webbline correct any incorrect Personal Information.

22.11 Webbline will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.

22.12 The Customer can make a privacy complaint by contacting Webbline via e-mail. Webbline will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Privacy Commissioner at: www.privacy.org

23. Service of Notices

23.1 Any written notice given under this Contract shall be deemed to have been given and received:
a) by handing the notice to the other party, in person;
b) by leaving it at the address of the other party as stated in this Contract;
c) by sending it by registered post to the address of the other party as stated in this Contract;
d) if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
e) if sent by email to the other party’s last known email address.

23.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

24. Trusts

24.1 If the Customer at any time upon or subsequent to entering into the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Webbline may have notice of the Trust, the Customer covenants with Webbline as follows:

a) the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
b) the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
c) the Customer will not without consent in writing of Webbline (Webbline will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
i) the removal, replacement or retirement of the Customer as trustee of the Trust;
ii) any alteration to or variation of the terms of the Trust;
iii) any advancement or distribution of capital of the Trust; or
iv) any resettlement of the trust property.

25. General

25.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

25.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the courts of New Zealand.

25.3 To the extent permitted by law Webbline shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Webbline of these terms and conditions (alternatively Webbline’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).

25.4 Webbline may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.

25.5 The Customer cannot licence or assign all or any part of its rights and/or obligations under this Contract without the prior written approval of Webbline.

25.6 Webbline may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Webbline’s sub-contractors without the authority of Webbline.

25.7 The Customer agrees that Webbline may amend these terms and conditions from time to time. Any request by the Customer for Webbline to provide Goods/Equipment to the Customer shall be on the basis of these terms and conditions as amended.

25.8 Webbline shall not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including worldwide destination ports), etc, (“Force Majeure”) or other event beyond its reasonable control.

25.9 Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.

25.10 In these terms and conditions:
a) References to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity.
b) Headings are for convenience only and will not affect the interpretation of these Terms.
c) All references to legislation are references to New Zealand legislation in force and include any subordinate legislation, by-law, regulation, order, statutory instrument or determination made under it, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.
d) References to monetary amounts, dollars, or $ are to New Zealand dollars and are exclusive of GST. GST is payable at the same time and in the same manner as is any other amount payable where that amount is subject to GST.
e) The term “includes” or “including” (or similar terms) is deemed to be followed by the words “without limitation”.

26. Stock Availability

26.1 All online orders are subject to stock availability. Webbline reserves the right to cancel or amend any order if stock is unavailable or an error has occurred in pricing or product information.
26.2 Where an order is cancelled, Webbline will provide a full refund of any amounts paid.

27. Delivery and Collection

27.1 Delivery times and charges will be shown at checkout. Any times stated are estimates only. Webbline is not liable for delays caused by carriers or events outside its control.

27.2 Risk in the Goods passes to the Customer on delivery to the address provided, or upon collection from Webbline’s depot or nominated location. Webbline is not responsible for loss arising from incorrect or incomplete delivery details supplied by the Customer.

27.3 Where “Click & Collect” or depot pickup is offered, the Customer must present order confirmation and valid identification when collecting Goods.

28. Returns and Refunds for Ecommerce Purchases

28.1 Returns must comply with clauses 16 and 17 of these Terms, subject to the additional provisions in this clause.

28.2 For Customers purchasing Goods for personal use (not business purposes), the Consumer Guarantees Act 1993 applies. Customers may be entitled to a repair, replacement, or refund where Goods are faulty, not of acceptable quality, or not as described.

28.3 All return requests must be made in writing within fourteen (14) days of delivery, quoting the order number and proof of purchase. Goods must be returned in their original condition and packaging.

28.4 Return freight is the Customer’s responsibility unless the Goods are faulty or incorrectly supplied.

28.5 Refunds will be made to the original payment method once the return is approved and processed.

29. Promotions, Discount Codes and Vouchers

29.1 Promotional offers and discount codes must be applied at checkout and cannot be redeemed retrospectively.

29.2 Promotions may not be used in conjunction with any other offer unless expressly stated.

29.3 Gift vouchers are non-refundable, non-redeemable for cash, and valid for twelve (12) months from the date of issue unless otherwise required by law.

30. Digital Communications

30.1 By purchasing online, the Customer consents to receive transactional communications including order confirmations, invoices, shipping updates, and service notices.

30.2 Marketing communications will only be sent where the Customer has provided consent in accordance with the Privacy Act 2020.

31. Online Liability

31.1 Webbline is not liable for technical errors, website downtime, or interruptions that prevent an order from being placed or processed.

31.2 To the maximum extent permitted by law, Webbline’s liability for any claim arising out of an online purchase is limited to the amount paid by the Customer for that order.

32. Competitions and Prize Draws

32.1 From time to time Webbline may run competitions, prize draws, or promotional giveaways. Each promotion will be subject to its own specific terms and conditions, which will be published at the time of the promotion.

32.2 Where there is any inconsistency between those promotion-specific terms and these Terms of Trade, the promotion-specific terms will prevail.

32.3 Unless otherwise stated, promotions are open to New Zealand residents only and exclude Webbline employees, contractors, and their immediate families.

32.4 Webbline reserves the right to vary, suspend, or cancel a promotion at any time.

ADDITIONAL TERMS & CONDITIONS APPLICABLE TO HIRE EQUIPMENT ONLY 

33. Scope and Acceptance of Online Orders

33.1 By placing an order through Webbline’s website, the Customer accepts these Terms of Trade, along with any website-specific policies (including the Privacy Policy and any Promotions or Competition Terms) published at the time of purchase.

33.2 In the event of inconsistency, these ecommerce terms shall prevail for online orders.

34. Online Pricing and Payment

34.1 Prices displayed online are in New Zealand dollars, exclusive of GST unless otherwise stated, and are subject to change without notice.

34.2 Full payment is required at checkout unless the Customer has an approved trade account. Accepted payment methods are those listed on the website at the time of purchase.

34.3 Payments are processed via secure third-party gateways. Webbline does not store credit or debit card details.

35. Hire Period

35.1 Subject to the Minimum Hire Period, the hire period shall be the period between the start and return date specified in the hire agreement, or in the event that there is no start and/or return date specified in the hire agreement, both parties agree that the hire period shall be for twelve (12) months from the date of Delivery.

35.2 Where the Equipment does not have a timing device installed, hire charges shall commence from Delivery and will continue until the later of:
a) The expiry or termination of the hire period; and
b) The return of the Equipment to Webbline’s premises or, where Webbline has agreed to collect the Equipment, notification by the Customer that the Equipment is available for collection.

35.3 Unless otherwise agreed, any request by the Customer to extend the hire period must be made in writing to Webbline at least three (3) months prior to the end of the hire period, and any such extension must be agreed to in writing by Webbline. If, despite the absence of a written request to extend the hire period, Webbline permits the Customer to continue to hire the Equipment beyond the hire period, then such continued hire of the Equipment shall be on the same terms and conditions contained herein, until such time as either party gives notice of termination of the hire and the Equipment is returned to Webbline’s possession.

35.4 Subject to any Minimum Hire Period, the Customer shall be entitled to terminate the hire upon giving one (1) month’s written notice to Webbline. The date upon which the Customer gives notice of termination shall in all cases be treated as a full day’s hire.

35.5 No allowance whatsoever can be made for time during which the Equipment is not in use for any reason, unless Webbline confirms special prior arrangements in writing. In the event of Equipment breakdown, provided the Customer notifies Webbline immediately, hiring charges will not be payable during the time the Equipment is not working, unless the condition is due to negligence or misuse on the part of or attributable to the Customer.

36. Risk to Equipment

36.1 Webbline retains ownership of the Equipment; nonetheless, all risk for the Equipment passes to the Customer on Delivery and remains with the Customer until the Equipment is returned to Webbline’s possession.

36.2 The Customer accepts full responsibility for the safekeeping of the Equipment and indemnifies Webbline for all loss, theft, or damage to the Equipment howsoever caused and without limiting the generality of the foregoing, whether or not such loss, theft, or damage is attributable to any negligence, failure, or omission of the Customer.

36.3 The Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

36.4 The Customer accepts full responsibility for and shall keep Webbline indemnified against all liability in respect of all actions, proceedings, claims, damages, costs, and expenses in respect of any injury to persons or damage to property arising out of or in connection with the use of the Equipment during the hire period and until the Equipment is returned to Webbline, however arising and whether or not arising from any negligence, failure, or omission of the Customer or any other persons.

37. Title to Equipment

37.1 The Equipment is and will at all times remain the absolute property of Webbline.

37.2 If the Customer fails to return the Equipment to Webbline, then Webbline or Webbline’s agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied, or used by the Customer, or any premises where the Equipment is situated, and take possession of the Equipment, without being responsible for any damage thereby caused.

37.3 The Customer is not authorised to pledge Webbline’s credit for repairs to the Equipment or to create a lien over the Equipment in respect of any repairs.

38. Customer’s Responsibilities

38.1 The Equipment shall at all times remain the property of Webbline and is returnable on demand by Webbline. In the event that the Equipment is not returned to Webbline in the condition in which it was delivered, Webbline retains the right to charge the Price of repair or replacement of the Equipment.

38.2 The Customer shall be responsible for satisfying itself that the Equipment is suitable for its intended purposes.

38.3 During the hire period and until the Equipment is returned to Webbline’s possession, the Customer shall:
a) notify Webbline immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Customer is not absolved from the requirement to safeguard the Equipment by giving such notification;
b) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered (including, but not limited to, maintaining water, oil and fluid levels, tyre pressures (including pneumatic punctures)) and shall comply with any maintenance schedule as advised by Webbline to the Customer at the time of hire;
c) ensure that all possible hazards are isolated or removed to prevent any risk to the Equipment and operator of such Equipment;
d) maintain a register of accidents and will conform with any code of practice and regulations relating to the type of work being undertaken by the use of the Equipment;
e) operate the Equipment safely, strictly in accordance with the law (including but not limited to, any WorkSafe guidelines and/or applicable legislation), only for its intended use, and in accordance with any manufacturer’s or local authority’s instruction relating to the safe use of the Equipment whether supplied by Webbline or posted on the Equipment;
f) keep the Equipment at the address that has been agreed upon by Webbline and shall not move the Equipment from this location unless prior written authorisation has been provided by Webbline;
g) ensure that:
i) all persons operating or erecting the Equipment are suitably instructed in its safe and proper use and where necessary hold a current Certificate of Competency and/or are fully licensed to operate the Equipment and shall provide evidence of the same to Webbline upon request;
ii) the operator of any Equipment is not under the influence of alcohol or any other prohibited substance (as defined by the Misuse of Drugs Act 1975) or any drug that may impair their ability to operate the Equipment;
iii) all reasonable care is taken by the driver in handling and/or parking the Equipment and that the Equipment is left locked and/or securely stored when not in use;
h) be liable for any parking or traffic infringement, impoundment, towage, and storage costs incurred during the hire period and will supply relevant details as required by the Police and/or Webbline relating to any such matters or occurrences;
i) comply with all workplace health and safety laws relating to the Equipment and its operation;
j) on termination of the hire, deliver the Equipment complete with all parts and accessories, clean and in good order as delivered, fair wear and tear accepted, to Webbline;
k) refuel the Equipment prior to its return from hire. In the event the Equipment needs to be refuelled upon its return from hire, then the costs of refuelling shall be charged to the Customer in addition to the costs of the Equipment hire;
l) keep the Equipment in their own possession and control and shall not assign or otherwise transfer any of its rights, interests, or obligations under the Contract, nor be entitled to a lien over the Equipment;
m) employ the Equipment solely in its own work and shall not permit the Equipment or any part thereof to be used by any other party for any other work;
n) indemnify and hold harmless Webbline in respect of all losses, damages, claims, costs, expenses, and damages caused by or arising out of the Customer’s use of the Equipment.

38.4 The Customer shall not:
a) alter or make any additions to the Equipment including but without limitation altering, making any additions to, defacing, or erasing any identifying mark, plate, or number on or in the Equipment or in any other manner interfere with the Equipment;
b) exceed the recommended or legal load and capacity limits of the Equipment;
c) use or carry any illegal, prohibited, or dangerous substance in or on the Equipment;
d) fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold.

38.5 Immediately on request by Webbline the Customer will pay:
a) the new list price of any Equipment that is for whatever reason destroyed, written off, or not returned to Webbline;
b) all costs incurred in cleaning the Equipment;
c) all costs of repairing any damage caused by:
i) the ordinary use of the Equipment;
ii) the negligence of the Customer or the Customer’s agent;
iii) vandalism, or (in Webbline’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Customer;
d) the cost of fuels and consumables provided by Webbline and used by the Customer;
e) any:
i) lost hire charges Webbline would have otherwise been entitled to for the Equipment, under this, or any other hire agreement;
ii) costs incurred by Webbline in picking up and returning the Equipment to Webbline’s premises if the Customer does not return the Equipment to Webbline’s premises or any pre-agreed pickup location when it was originally agreed that the Customer would do so;
iii) insurance excess payable in relation to a claim made by either the Customer or Webbline in relation to any damage caused by, or to, the hire Equipment whilst the same is hired by the Customer and irrespective of whether charged by the Customer’s insurers or Webbline’s.

39. Inspection of Equipment

39.1 The Customer hereby grants Webbline (including its employees, duly authorised agents or representatives) the right, at all times, upon Webbline giving to the Customer reasonable notice and without unduly interfering with the Customer’s business or operations, to:

a)  enter onto the site(s) where the Equipment or any part thereof may be located; and
b)  inspect the state of repair or condition of the Equipment; and/or
c) carry out any such tests on the Equipment as may be reasonably necessary including but not limited to, health and safety tests or inspections; and/or
d)      observe the use of the Equipment by the Customer; and/or
e)      do any act, matter or thing which may be required at law or to otherwise protect Webbline’s rights or interests in the Equipment.

40. Insurance

40.1 The Customer acknowledges all Equipment (including, but not limited to, Demo and/or Loan Equipment) shall be insured by Webbline and such cost will be in addition to the hire charges, unless otherwise agreed in writing by both parties that the Customer nominates their own insurance provider to arrange insurance cover for the Equipment. Such insurance cover must be acceptable to Webbline and insure both the Customer and Webbline to insure against accident, fire, theft and all other usual risks associated with the use of the Equipment during the hire period and until the Equipment is returned to Webbline’s possession including, but not limited to:
a) loss of, or damage to the Equipment, its accessories and spare parts; and
b) any consequential loss of revenue or other expenses which may be incurred by Webbline (including lost hire charges, and salvage costs associated with the recovery of the Equipment its accessories and/or spare parts, appraisal costs, or storage fees);
c) damage to third party property, personal injury or death.

40.2 The cost of insurance provided by Webbline shall be at the rate specified in the hire agreement (or if no rate is specified, at 9% of the gross hire charges) (Insurance Charges) and such Insurance Charges shall be invoiced with Webbline’s invoices for the hire charges and payable in accordance with clause 6.5.

40.3 Notwithstanding that the parties may have agreed that the Customer shall arrange their own insurance cover for the Equipment and without limiting clause 31.5, Webbline shall be entitled to charge the Customer for the Insurance Charges until such time as the Customer provides Webbline with evidence that is satisfactory to Webbline (in its sole discretion) that the Customer has insured the Equipment and that the insurance is adequate to protect Webbline’s interests.

40.4 The Customer acknowledges that the content of the relevant insurer’s insurance policy document shall determine the inclusions and exclusions of cover and the protections provided by the insurer and it shall be the Customer’s responsibility to fully apprise themselves of the content of the relevant insurer’s insurance policy document prior to Delivery of the Equipment.

40.5 Where the Customer nominates their own insurance company for cover then the Customer shall provide to Webbline a certificate of currency upon request. Furthermore, Webbline reserves the right to reject any policy of insurance that it deems as being inadequate to protect Webbline’s interests.

40.6 Where Webbline’s insurer is providing the insurance cover then unless otherwise stated in writing the Customer shall not be covered under said policy of insurance where the damage, injury or loss arises when:
a) the Equipment was operated in an unsafe condition that arose during the course of the hire period and until the Equipment was returned in Webbline and that caused or contributed to the damage or loss, and the Customer or the Customer’s agent was aware of or ought to have been aware of the unsafe condition of the Equipment; or
b) the Customer fails to adhere to its obligations under the Contract; or
c) the Equipment is wilfully or recklessly damaged either by the Customer, or any other person named on the front of this form, or any person operating the Equipment under the authority of the Hirer; or
d) any damage to the Equipment is connected to or arises from diesel contamination.
e) the Equipment is operated outside the hire period or any agreed extension of that term.

40.7 The Customer acknowledges that:
a) the Customer will be liable for the excess on any one claim; and
b) if an insurance claim is declined for any reason that they shall be liable for all costs incurred by Webbline in replacing or repairing the Equipment its accessories and/or spare parts plus any consequential loss incurred by Webbline.

41. Loss of Hire Income

41.1 The indemnities referred to in clause 31.1(b) in respect of any loss of hire fees shall be calculated at Webbline’s daily rate by Webbline where the Equipment needs repair and there is a waiting time incurred for such repairs to be completed due to damage and/or negligence by the Customer or if the Equipment becomes a write-off or has been stolen and any waiting time for a replacement Equipment.

ADDITIONAL TERMS & CONDITIONS APPLICABLE TO DEMO OR LOAN EQUIPMENT ONLY

42. Demo or Loan Equipment

42.1 Equipment shall at all times remain the property of Webbline and is returnable on demand by Webbline. In the event that Equipment is not returned to Webbline in the condition in which it was delivered Webbline retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all Webbline shall have right to charge the Customer the full cost of replacing the Equipment.

42.2 The Customer shall:
a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.
b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Webbline to the Customer.