Terms and Conditions
All prices are in New Zealand Dollars.
Conditions of Sale
The ’Romalpa clause’ is included in these terms and conditions. For the purpose of these terms and conditions of sale the terms "the Company" means Rogers Distribution Ltd and it’s successors and assigns; for the purpose for calculating the interest payable on a daily basis, the words "the moneys owing" shall mean all moneys which are now or may hereafter from time to time be owing to the Company by the Customer (either solely or jointly with another person) and shall include without limitation all interest, commission, expenses and costs payable by the Customer; "person" shall include bodies corporate and incorporate, and the plural includes the singular and vice versa.
The price of the goods is exclusive of GST which shall be paid without deduction in addition at "the time of supply" within the meaning of the GST Act. The price of the goods the goods will be that ruling at the date of actual delivery. The company reserves the right to pass on to the Customer any changes in prices after execution of this agreement which arise in circumstances beyond the Company’s control.
Payments shall be made without deductions on the 20th of the month following the date of delivery of the goods (or any of the goods). No payment shall be withheld, reduced or deferred on account of any claim, counter claim, set off or otherwise. If full payment of any amount payable by the Customer is not paid to the Company by due date, then:
(a) The Customer shall pay interest on the moneys of 2.5% percent per calendar month (or such lower rate as the Company may decide). This interest is payable on a daily basis and is also payable after any judgement.
(b) The Customer shall be liable to pay on demand all the expenses and legal costs incurred by the Company as a result of the Customer’s default or of and incidental to the enforcement or attempted enforcement by the Company of its rights, remedies and powers.
Delivery terms are listed on the Company’s price lists. All claims for errors of short delivery must be made within 2 days of delivery. If the company is organising delivery, it is entitled to deliver the goods between 8.00am and 5.00pm on any day, which is not a public holiday. If the Customer or authorised agent is not present at the delivery site, then the goods will be deemed to be delivered in any event.
Risk of Loss
The Company bears the risk of any loss, damage or deterioration of the goods due to any cause whatsoever from the time the Company
gives possession of the goods to the first carrier, or if the Company delivers the goods in its own vehicles, to the time of arrival of the goods
at the place of delivery.
Ownership of the goods shall not pass to the Customer until the Customer has paid all that is owing to the Company. Until ownership is passed the Customer holds the goods on behalf of the Company as its agent and fiduciary trustee under the following conditions
(a) The Company is permitted at any time to enter, using as much force as necessary, the Customer’s premises or any other premises where the goods may be situate to inspect or repossess (or both) the goods
(b) If the Customer sells the goods to a third party then the Customer is accountable to the Company for the proceeds derived from such sale and shall hold proceeds separately from other moneys on trust for the Company
(c) If the Customer manufactures, intermingles or deals with the goods in such a manner that they become an integral part of any other object or are no longer separately identifiable then the Customer shall be deemed to do so as an agent for the Company and ownership of the goods will remain with the company as principal.
The Company warrants the goods, to the extent that it has manufactured the same, unless otherwise guaranteed in writing, against faulty materials for a period of 30 days after delivery, and further warrants that the goods will substantially conform with any description or specifications (if any) given to the Customer, provided always that
(a) all claims under this warranty are received within 30 days of delivery of the goods
(b) the Customer gives the Company notice of any defect in the goods within seven (7) days of such defect becoming apparent
(c) the Customer has maintained and operated the goods in accordance with good industry practices and has complied with all specific recommendations of the Company.
The Company will only be responsible for the replacement or the repair of faulty goods or workmanship (including faulty workmanship provided under this warranty) or for bringing the goods into conformity with any description or specifications (if any) given by the Company to the Customer. Any such repair will be done at such a place as the Company may specify. The Customer is responsible for cartage of the goods or of such parts of the goods as shall be necessary to and/or from the place as specified.
The warranty will not apply if the goods are repaired by any person not authorised by the Company to do such repairs, or if the goods are used other than for the purpose for which they were intended by the Company.
This warranty applies only to goods manufactured by the Company. Any parts, components or materials obtained by the Company from other sources are not covered by this warranty. Such parts components or materials shall be covered by the manufacturers warranty (if any) only.
This warranty does not cover any specifications or requirements tendered to the Company by the Customer, it being the Customer’s exclusive responsibility to ensure that the goods under the contract will be satisfactory to meet its specifications or requirements (or both). The warranty is exclusive and all other warranties, descriptions, representations or conditions as to the fitness or suitability for any purpose, tolerance to any condition, merchantability or otherwise, whether of like nature or not and whether expressed or implied by law, trade, custom or otherwise, are expressly excluded. This warranty is not transferable by the Customer.
Limitation and Liability
The total liability of the Company (or for any of its servants, subcontractors or agents whether in contract, tort or otherwise, for any loss damage or injury arising directly or indirectly from any defect in or noncompliance of the goods or a component or a part thereof, or any other breach of the Company’s obligation under this contract, will not in any event exceed the purchase price of the goods (or the component or the part thereof as the case may be upon which such liability is based). The Company (or any of it’s servants, subcontractors or agents) shall not be liable for any consequential, indirect or special damage or loss of any kind, nor is the Company (or any of its servants subcontractors or agents) liable for any damage or loss caused by the Customer’s servants, agents, buyers, or any other persons howsoever. The Customer shall indemnify the Company (and each severally its servants, subcontractors and agents) against any claims by the Customer’s servants, agents, customers or other persons whether similar to the foregoing or not, in respect of any loss, damage or injury arising from any defect in or compliance of the goods (or any component or part thereof) or in respect of any other matter whatsoever.
Waiver and Forbearance
All the original rights, powers, exemptions and remedies of the Company shall remain in full force notwithstanding any neglect, forbearance of delay in the enforcement thereof. The Company shall not be deemed to have waived any condition unless such a waiver is in writing and signed by a director or the secretary of the Company. Any such waiver shall apply and operate only in the particular transaction, dealing or matter in respect of which it was given.
Customer's Default or Bankruptcy
If the Customer makes any default hereunder or commits any act of bankruptcy or being a company goes into liquidation or receivership, or passes a resolution for the winding up or a petition is advertised of its winding up (other than for the purposes of reconstruction), or compounds with or assigns any part of its estate to, or for the benefit of, its creditors or any number thereof then in any such case the Company without prejudice to any other rights or remedies in law or in equity at its option shall be entitled to terminate this contract or to withhold delivery of the goods and to resell the same or any part thereof and to claim in bankruptcy or liquidation for all losses and expenses so incurred.
The Company is entitled at any time to assign to any other person the whole or part of this contract including all or any part of the debt owing to the Company in respect hereof. Any such assignee shall be entitled to claim full rights set off or counter claim against the Customer as charge holders or successors in respect of the whole or part of this contract or the debt or part thereof so assigned.
By entering into this contract the Company and the Customer acknowledge that these written terms express the entire agreement between the Company and the Customer and that there have been no representations made by either party to the other except as are expressly set forth herein, and that if there is any inconsistency with the terms of any order that may be lodged by the Customer any such order shall be of no effect. The contract shall not be subject to any change or modification except with the prior consent of both parties.
Conditions of Use of this Website
Rogers Homewares and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Rogers Homewares, you accept these conditions. Please read them carefully. In addition, when you use any current or future Rogers Homewares service or visit or purchase from any business affiliated with Rogers Homewares, whether or not included in the Rogers Homewares Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
When you visit Rogers Homewares or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Rogers Homewares or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Rogers Homewares and protected by international copyright laws. All software used on this site is the property of Rogers Homewares or its software suppliers and protected by international copyright laws.
License and Site Access
Rogers Homewares grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Rogers Homewares. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rogers Homewares. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rogers Homewares and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Rogers Homewares’s name or trademarks without the express written consent of Rogers Homewares. Any unauthorised use terminates the permission or license granted by Rogers Homewares. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Rogers Homewares so long as the link does not portray Rogers Homewares, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Rogers Homewares logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Rogers Homewares does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Rogers Homewares only with involvement of a parent or guardian. Rogers Homewares and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Rogers Homewares reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Rogers Homewares and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Rogers Homewares and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Rogers Homewares or its affiliates for all claims resulting from content you supply. Rogers Homewares has the right but not the obligation to monitor and edit or remove any activity or content. Rogers Homewares takes no responsibility and assumes no liability for any content posted by you or any third party.
Rogers Homewares and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
Rogers Homewares and its affiliates attempt to be as accurate as possible. However, Rogers Homewares does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Rogers Homewares itself is not as described, your sole remedy is to return it in unused condition.
Parties other than Rogers Homewares and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Rogers Homewares does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ROGERS HOMEWARES ON AN "AS IS" AND "AS AVAILABLE" BASIS. ROGERS HOMEWARES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ROGERS HOMEWARES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROGERS HOMEWARES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ROGERS HOMEWARES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROGERS HOMEWARES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting Rogers Homewares, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Rogers Homewares or its affiliates.
Any dispute relating in any way to your visit to Rogers Homewares or to products you purchase through Rogers Homewares shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate Rogers Homewares’s intellectual property rights, Rogers Homewares may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, posted on this site. These policies also govern your visit to Rogers Homewares. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.