Terms & Conditions
Terms and Conditions
SECTION A: GENERAL
The www.labtrader.co.nz website (“Website”) is owned and operated by Lab Trader NZ Limited (“Lab Trader NZ”). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as “Terms of Use”). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Lab Trader NZ reserves the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them on the Website.
Key Definitions
Website: Refers to the website www.labtrader.co.nz
Seller: Defined as an individual or organisation, other than Lab Trader NZ, that has enlisted the brokering services of Lab Trader NZ to sell their good/s.
Buyer: Defined as individual or organisation, other than Lab Trader NZ, that purchases goods, owned by Lab Trader NZ or a Seller, using the Website or services provided by Lab Trader NZ.
Lab Trader NZ: Lab Trader NZ Ltd
Termination
The Terms of Use are effective until terminated by Lab Trader NZ, and Lab Trader NZ may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you and all Lab Trader NZ disclaimers and limitations of liability set out in the Terms of Use will continue.
Trade marks of Lab Trader NZ
The trade marks displayed on the Website are trademarks of Lab Trader NZ. Nothing contained on the Website should be construed as granting any licence or right of use of any trade mark displayed on the site without the express written permission of Lab Trader NZ. If you wish to place a trade mark (whether in stylised or logo form or not) on your own website as a hyperlink to the Website, you must first obtain the express written authorisation of Lab Trader NZ and any use must be in accordance with the trade mark usage guidelines of the relevant trade mark owner.
Miscellaneous
This agreement will be governed by and construed in accordance with the laws of New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.
Intellectual property and restrictions on use of Content
All information and materials including text, images, graphics, sound, software and advertisements on the Website (“Content”) are Copyright 2011 Lab Trader NZ, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by New Zealand and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Lab Trader NZ. You must not use the Website in any manner or for any purpose that is unlawful or in any manner that violates any right of Lab Trader NZ or which is prohibited by the Terms of Use.
Advertising, links to third party websites and e-commerce offers
The Website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Lab Trader NZ and Lab Trader NZ is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Lab Trader NZ provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Lab Trader NZ. You link to any such website entirely at your own risk. The Website also contains third party advertisements (including banner ads and full page advertisements), which contain embedded hyperlinks, or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by Lab Trader NZ or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not made by Lab Trader NZ, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.
Disclaimer and limitation of liability
The Fair Trading Act 1986 and the Consumer Guarantees Act 1993 (except where goods or services are acquired for business purposes) may confer rights and remedies on you in relation to the provision by Lab Trader NZ of goods or services on the Website which cannot be excluded, restricted or modified (“Non-excludable Rights”). Lab Trader NZ does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights:
a) all Content is provided “as is” and without warranties of any kind, either express or implied,
b) Lab Trader NZ and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
c) Lab Trader NZ does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components,
d) Lab Trader NZ does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
e) you (and not Lab Trader NZ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content. Under no circumstances (including but not limited to any act or omission on the part of Lab Trader NZ) will Lab Trader NZ be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Lab Trader NZ does not exert control over users of the Network (including individuals referred to on the Website as guests, users and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, Lab Trader NZ’s liability for breach of any implied warranty or condition which cannot be excluded is outlined below in SECTION B: SALE OF GOODS.
SECTION B: SALE OF GOODS
Condition of Goods
The condition of all goods listed for sale on the Website will be stated to the best of knowledge.
All goods are sold on a ‘As is’ basis.
Goods that are sold on the Website are either owned by Lab Trader NZ or by a third party (“Seller”).
A Seller is defined as an individual or organisation, other than Lab Trader NZ, that has enlisted the brokering services of Lab Trader NZ to sell their good/s.
Goods that are owned and sold by Lab Trader NZ itself are inspected and where possible are tested to determine condition. Goods which are sold by Lab Trader NZ on behalf of a Seller may not have been inspected or tested by Lab Trader NZ. In this latter situation Lab Trader NZ will do its best to extract the good’s condition from the Seller prior or during sale of the good.
Unless otherwise stated, the products offered by Lab Trader NZ are offered for laboratory and testing use only and are sold without warranty expressed or implied.
Only when stated, ‘goods under a warranty’, will Lab Trader NZ warrant to the Buyer that the goods shipped to the Buyer are free of operating defects under normal use for a specified period from the date of delivery. Lab Trader NZ will either provide the necessary parts and labour to provide such operating condition OR provide a full money back refund. This is at the sole discretion of Lab Trader NZ.
Warranty does not cover operator error, operator misuse, nor repair by third party. Warranty does not include operating failure due to natural catastrophes, electrical failures or voltage spikes, fire, theft or failure to operate the equipment according to operational procedures as outlined by the original manufacturer. Warranty does not include seals, valve gaskets, bulbs, filters, and all other short-wear items. All sales are final.
Lab Trader NZ is not responsible for any training or instruction with respect to the equipment and assumes that the buyer knows what is being purchased and how to safely and correctly operate the equipment.
Lab Trader NZ attests that any information, suggestions, or recommendations are made without warranty or guarantee of any kind. Likewise, Lab Trader NZ can assume no responsibility or liability connected with the use of any of our products or the information included herein.
Sales & Payment
Goods that appear on the Website are either for sale by Lab Trader NZ itself or by a Seller.
All transactions will be processed through Lab Trader NZ. Full payment of goods is expected prior to delivery of goods unless otherwise stated.
Payments collected on goods sold by Lab Trader NZ on behalf of a Seller will be paid to the Seller upon the purchaser of the goods (the “Buyer”) receiving the goods in a reasonable time period.
All stated prices are GST exclusive.
All goods are subject to availability.
Sellers which have enlisted the brokering services of Lab Trader NZ to sell their good/s agree to communicate and provide information, as requested, promptly to facilitate a timely, fair and accurate transaction
Payment of goods can be made by electronic bank transfer, fast deposit box (at a ASB branch) or cash only.
LabTrader NZ collects a commission fee (GST excl) on the sale price of the good sold (brokered sale). Commission fee percentages depend on the good’s sale price:
- 20% for goods under $3,000
- 15% for goods $3,000 – $8,000
- 12% for goods over $8,000+
Extra costs will be incurred if the Buyer requires Lab Trader NZ to organise delivery, storage, maintenance or certification services.
Returns & Cancellations
Lab Trader NZ attempts to be fair and accurate with all product descriptions. Please read each description carefully.
In the case of a cancellation or return where Lab Trader NZ is the Seller (i.e. Lab Trader is the owner of the goods), Lab Trader NZ does not offer refunds on any good unless it is grossly misrepresented. If a good has been grossly misrepresented please notify Lab Trader NZ immediately. If a refund is given it will only be for the cost of the good. Shipping and Handling is non refundable. Restocking and other fees may be charged. Lab Trader NZ seeks to always be fair and always tries to work with customers towards a solution. In the event that a product needs to be returned for any reason, return cannot occur without Lab Trader NZ’s approval. Return of goods must occur in the original packaging.
Cancelled orders prior to shipping will result in a 100% refund unless outside services have been conducted. If service is performed on a good by an outside service organization, then the customer will be responsible for paying for these services. If an order is cancelled after a good or goods are shipped for any reason other than the good(s) are defective, then the order is subject to up to twenty five (25) percent restocking charge and all shipping charges incurred (outbound and return to Lab Trader NZ’s facility). Return must occur within 14 days of receipt by buyer with accompanying. After 14 days the good(s) is/are not returnable.
Goods subject to warranty repair or goods sent back in sub-standard packaging or received damaged will be rejected at Lab Trader NZ. Lab Trader NZ is not responsible for customer packaging negligence or carrier inflicted damage for any returned good. The Buyer will be billed for repair of good(s) damaged during return. Any applicable sales taxes, tariffs, or fees are not included in this pricing and shall be charged in addition to named prices if applicable.
In the case of a cancellation or return where Lab Trader NZ is selling on behalf of a Seller, Lab Trader NZ will aid both Buyer and Seller in coming to an agreement on the cancellation or return. If any good has been grossly misrepresented during the sale of the good it is expected the Seller will accept the return of the good and a refund given to the Buyer for the cost of the good. In the event of a cancellation or return the Buyer and Seller must work together to obtain a mutual understanding regarding additional terms and conditions.
Delivery & Shipping
In all cases it is the responsibility of the Buyer to organise the delivery and shipping of the good(s). All Sellers must comply in a reasonable time frame in order to complete the exchange of the good(s).
Installation of the good(s) is the responsibility of the Buyer.
For expensive, long or difficult to transportations Lab Trader NZ suggests the Seller investigate purchasing loss/damage insurance. This will be available through your logistics company.
Should damage or loss occur during transport, it is the responsibility of the Buyer, Seller and the transportation company to settle any dispute. Lab Trader NZ will co-operate with you and the carrier to the best of our ability.