Webbline Terms & Conditions of Trade
Webbline Agriculture Ltd welcomes you to this website. By viewing the pages of this website, you acknowledge that you have read and accepted these Terms & Conditions of Trade. The information provided in this site is based on information supplied by Webbline (unless otherwise specified) and is intended only as an introduction and guide to our available products and services. While every effort has been made to supply accurate information, errors and omissions may occur. Accordingly Webbline does not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation, or omission, whether negligent or otherwise, contained on this site.
In this Policy
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 “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:
1.2.1 If there is more than one Customer, is a reference to each Customer jointly and severally; and
1.2.2 If the Customer is a partnership, it shall bind each partner jointly and severally; and
1.2.3 If the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
1.2.4 Includes the Customer’s executors, administrators, successors and permitted assigns.
1.3 “Goods” means all goods or services supplied by Webbline to the Customer at the Customer’s request, or purchased via www.webbline.co.nz. 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.
1.4 “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.
1.5 “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.
1.6 “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.
1.7 “Webbline” means Webbline Agriculture Limited, its successors and assigns.
1.8 “Website” means www.webbline.co.nz.
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 on www.webbline.co.nz or via other means of contract.
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 The Customer acknowledges and accepts that:
2.5.1 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.
2.5.2 In the event that an order or other request for the supply of Goods/Equipment exceeds the Customer’s credit limit and/or the account exceeds the payment terms, Webbline reserves the right in its sole discretion to either refuse to accept, or to cancel all or any part of any order, or to accept the order but refuse Delivery until the Customer’s account is brought back within the credit limit.
2.5.3 The supply of Goods/Equipment for accepted orders is conditional on availability of the Goods/Equipment, and Webbline reserves the right to substitute the Goods/Equipment with alternative goods of a similar nature and quality.
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.
3.1 If Webbline accepts a trade-in either as part payment of purchase of Goods or outright payment of Goods, the Customer warrants ownership of the trade-in property.
3.2 The Customer shall indemnify Webbline against losses, damages, claims, costs, and expenses resulting from 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.
Errors and Omissions
4.1 Webbline accepts no liability for any alleged or actual error(s) and/or omission(s) resulting from an inadvertent mistake in the formation and/or administration of this Contract or contained in/omitted from any literature supplied by Webbline.
4.2 If such an error and/or omission occurs and is not attributable to the negligence and/or wilful misconduct of Webbline, the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.
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.
Price and Payment
6.1 The Price shall be either:
6.1.1 The Price set out in the quotation provided by Webbline; or
6.1.2 The Price listed on the Website at the time of purchase; or
6.1.3 The Price otherwise agreed between Webbline and the Customer; or
6.1.4 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:
6.2.1 If a variation to the Goods/Equipment which are to be supplied is requested; or
6.2.2 If a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
6.2.3 Where additional Services are required due to the discovery of hidden or unidentifiable difficulties; or
6.2.4 The Goods/Equipment are not or cease to be available and Webbline provides alternative Goods/Equipment; or
6.2.5 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.
6.3 Webbline may feature special promotional offers from time to time. These offers are made at the discretion of Webbline and can be withdrawn at any time.
6.4 Variations will be charged for on the basis of Webbline’s quotation for the variation 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.
6.5 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.
6.6 Time for payment for the Goods/Equipment:
6.6.1 Through the shopping function on our Website;
6.6.2 Before Delivery of the Goods/Equipment (or any instalment thereof);
6.6.3 By way of instalments/progress payments in accordance with Webbline’s payment schedule;
6.6.4 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;
6.6.5 The date specified on any invoice or other form as being the date for payment; or
6.6.6 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.
Delivery of Goods/Equipment
7.1 Delivery (“Delivery”) of the Goods/Equipment is taken to occur at the time that:
7.1.1 The Customer or the Customer’s nominated carrier takes possession of the Goods/Equipment at Webbline’s address; or
7.1.2 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 For online purchases via the website, Delivery charges will be calculated for each order once an address has been entered during the checkout process. Please note:
7.3.1 There is an additional charge for rural delivery addresses.
7.3.2 Delivery will be by courier or by any delivery service as chosen by Evergreen Garden, and delivery fees may be updated at any time.
7.3.3 Webbline aims to deliver within 3-5 working days for most parts of the country. Delivery to rural addresses and the lower South Island can take up to 10 days.
7.3.4 The status of the shipment can be tracked via the link provided in the Shipping Confirmation email.
7.4 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.
7.5 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.
7.6 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 of failure to supply the Goods/Equipment due to Customer’s action or inaction, Webbline is entitled to charge a fee for redelivery and/or storage.
7.7 For ‘Click and Collect’ orders from the website:
7.7.1 Customers will receive a ‘Ready for Collection’ email and text message with collection instructions.
7.7.2 Photo ID is required for collection of items.
7.7.3 Goods must be collected within 14 days of availability before an automated refund process is initiated.
Goods On Consignment
8.1 Where Goods are supplied on consignment:
8.1.1 The Goods shall be at the Customer’s risk from the time of Delivery and the Customer is responsible for insuring the Goods.
8.1.2 The Customer may retain possession of the Goods until sold or re-delivery is required by Webbline, whichever occurs first.
8.1.3 If Webbline requires re-delivery of the Goods, such re-delivery shall be at the Customer’s cost.
8.2 Consignment Goods shall remain the property of Webbline and are returnable on demand. Webbline has the right to charge for repair or replacement of the consignment Goods if not returned in the condition in which they were delivered.
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.
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. The Customer shall not be entitled to rely on such information 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. Webbline accepts no responsibility for any loss, damages, or costs resulting from inaccurate specifications or other information provided by the Customer.
9.6 The Customer acknowledges and accepts that:
9.6.1 Goods supplied may exhibit variations in shade, color, texture, surface, and finish, and may fade or change color over time. Webbline will make every effort to match batches of product supplied to minimize such variations but shall not be liable for any variations.
9.6.2 Goods supplied by Webbline shall comply with applicable safety and industry standards. The Customer shall not hold Webbline liable for any losses or damage caused by failure of the Goods if care and maintenance advice is not followed.
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 or paved or grassed areas) unless due to the negligence of Webbline.
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.
Title to Goods
12.1 Webbline and the Customer agree that ownership of the Goods shall not pass until:
12.1.1 The Customer has paid Webbline all amounts owing to Webbline; and
12.1.2 The Customer has met all 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 honored, cleared, or recognized.
12.3 It is further agreed that:
12.3.1 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.
12.3.2 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.
12.3.3 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 of, 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.
12.3.4 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.
12.3.5 The Customer irrevocably authorizes Webbline to enter any premises where Webbline believes the Goods are kept and recover possession of the Goods.
12.4 Webbline may recover possession of any Goods in transit whether or not Delivery has occurred.
12.5 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.
12.6 Webbline may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
Personal Property Securities Act 1999 (“PPSA”)
13.1 Upon assenting to these terms and conditions in writing, the Customer acknowledges and agrees that: The Contract constitutes a security agreement for the purposes of the PPSA; and 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:
13.2.1 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;
13.2.2 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;
13.2.3 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 favor of a third party without the prior written consent of Webbline;
13.2.4 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.
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. 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 of 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, including but not limited to, signing any document on the Customer’s behalf.
Customer as a Business and Warranty Exclusions
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 authorized to make any representations, statements, conditions, or agreements not expressed by one of Webbline’s directors in writing nor are Webbline bound by any such unauthorized statements.
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:
Section 9: Misleading and deceptive conduct generally;
Section 12A: Unsubstantiated Representations;
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 these exclusions. None of these exclusions excludes or limits any warranties which cannot be excluded by law.
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 shall fail 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).
17.1 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.
17.2 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 and that 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.
18.1 Where Webbline has designed, drawn or developed Goods/Equipment for the Customer, then the copyright in any designs and 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.
18.2 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 the Customer warrants that it has the authority to licence 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 3 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.
18.3 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.
Default and Consequences of Default
19.1 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. This interest may compound monthly at Webbline’s sole discretion, both before and after any judgment.
19.2 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. This includes: Internal administration fees; Legal costs on a solicitor and own client basis; Webbline’s collection agency costs; Bank dishonour fees.
19.3 Further to any other rights or remedies Webbline may have under this Contract, if a Customer makes a payment to Webbline which is subsequently reversed, the Customer shall be liable for: The amount of the reversed transaction; Any further costs incurred by Webbline under this clause, especially where such reversal is found to be illegal, fraudulent, or in contravention to the Customer’s obligations under this Contract.
19.4 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 become immediately payable, whether or not they are due for payment, if:
19.4.1 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;
19.4.2 The Customer has exceeded any applicable credit limit provided by Webbline;
19.4.3 The Customer becomes insolvent, convenes a meeting with its creditors, proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
19.4.4 A receiver, manager, liquidator (provisional or otherwise), or similar person is appointed in respect of the Customer or any asset of the Customer.
20.1 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.
20.2 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.
20.3 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).
20.4 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.
Service of Notices
21.1 Any written notice given under this Contract shall be deemed to have been given and received:
21.1.1 by handing the notice to the other party, in person;
21.1.2 by leaving it at the address of the other party as stated in this Contract;
21.1.3 by sending it by registered post to the address of the other party as stated in this Contract;
21.1.4 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;
21.1.5 if sent by email to the other party’s last known email address.
21.2 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.
22.1 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:
22.1.1 the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
22.1.2 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;
22.1.3 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:
126.96.36.199 the removal, replacement or retirement of the Customer as trustee of the Trust;
188.8.131.52 any alteration to or variation of the terms of the Trust;
184.108.40.206 any advancement or distribution of capital of the Trust; or
220.127.116.11 any resettlement of the trust property.
23.1 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.
23.2 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.
23.3 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).
23.4 Webbline may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.
23.5 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.
23.6 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.
23.7 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.
23.8 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.
23.9 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.
23.10 In these terms and conditions:
23.10.1 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.
23.10.2 Headings are for convenience only and will not affect the interpretation of these Terms;
23.10.3 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;
23.10.4 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; and
23.10.5 The term “includes” or “including” (or similar terms) is deemed to be followed by the words “without limitation”.
24.1 If you use register an account via our Website, you are responsible for maintaining the confidentially of your account username and password, and furthermore restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.
24.2 If you rather not setup an account, you are welcome to personally visit one of our four branches, were an instore purchase can be facilitated.
25.1 When you place an order through www.webbline.co.nz we will maintain your Order Information for our records unless for as long as needed for our legal and commercial records and/or until you ask us to delete this information. We do not at anytime retain credit card information.
Additional Terms & Conditions Applicable to Hire Equipment Only
25.1 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.
25.2 Where the Equipment does not have a timing device installed, hire charges shall commence from Delivery and will continue until the later of:
25.2.1 The expiry or termination of the hire period; and
25.2.2 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.
25.3 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.
25.4 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.
25.5 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.
Risk to Equipment
26.1 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.
26.2 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.
26.3 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.
26.4 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.
27.1 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.
27.2 The Customer shall be responsible for satisfying itself that the Equipment is suitable for its intended purposes.
27.3 During the hire period and until the Equipment is returned to Webbline’s possession, the Customer shall:
27.3.1 notify Webbline immediately by telephone of the full circumstances of any mechanical breakdown or accident. The Customer is not absolved from the requirements to safeguard the Equipment by giving such notification;
27.3.2 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;
27.3.3 ensure that all possible hazards are isolated or removed to prevent any risk to the Equipment and operator of such Equipment;
27.3.4 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;
27.3.5 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;
27.3.6 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;
27.3.7 ensure that: 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; 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; 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.
27.4 The Customer shall:
27.4.1 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;
27.4.2 comply with all workplace health and safety laws relating to the Equipment and its operation;
27.4.3 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;
27.4.4 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;
27.4.5 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 lien over the Equipment;
27.4.6 employ the Equipment solely in its own work and shall not permit the Equipment of any part thereof to be used by any other party for any other work;
27.4.7 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.
27.5 The Customer shall not:
27.5.1 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;
27.5.2 exceed the recommended or legal load and capacity limits of the Equipment;
27.5.3 use or carry any illegal, prohibited or dangerous substance in or on the Equipment;
27.5.4 fix any of the Equipment in such a manner as to make it legally a fixture forming part of any freehold.
27.6 Immediately on request by Webbline the Customer will pay:
27.6.1 the new list price of any Equipment that is for whatever reason destroyed, written off or not returned to Webbline;
27.6.2 all costs incurred in cleaning the Equipment;
27.6.3 all costs of repairing any damage caused by the ordinary use of the Equipment; the negligence of the Customer or the Customer’s agent; vandalism, or (in Webbline’s reasonable opinion) in any way whatsoever other than by the ordinary use of the Equipment by the Customer.
27.6.4 the cost of fuels and consumables provided by Webbline and used by the Customer;
27.6.5 any: lost hire charges Webbline would have otherwise been entitled to for the Equipment, under this, or any other hire agreement; 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; 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.
Inspection of Equipment
28.1 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:
28.1.1 enter onto the site(s) where the Equipment or any part thereof may be located; and
28.1.2 inspect the state of repair or condition of the Equipment; and/or
28.1.3 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
28.1.4 observe the use of the Equipment by the Customer; and/or
28.1.5 do any act, matter or thing which may be required at law or to otherwise protect Webbline’s rights or interests in the Equipment.
Insurance of Equipment
29.1 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:
29.1.1 loss of, or damage to the Equipment, its accessories and spare parts; and 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); and damage to third party property, personal injury or death.
29.2 The cost of insurance provided by Webbline shall be at the rate specified in the hire agreement (or if no rate is specified, at 10% 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.
29.3 Notwithstanding that the parties may have agreed that the Customer shall arrange their own insurance cover for the Equipment and without limiting clause 29.5, 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.
29.4 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.
29.5 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.
29.6 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:
29.6.1 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
29.6.2 the Customer fails to adhere to its obligations under the Contract; or
29.6.3 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
29.6.4 Any damage to the Equipment is connected to or arises from diesel contamination.
29.6.5 the Equipment is operated outside the hire period or any agreed extension of that term.
29.7 The Customer acknowledges that:
29.7.1 the Customer will be liable for the excess on any one claim; and 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.
Loss of Hire Income
30.1 The indemnities referred to in clause 24.2 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
Demo or Loan Equipment
31.1 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.
31.2 The Customer shall:
31.2.1 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.
31.2.2 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.
31.2.3 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.