Terms & Conditions
New Zealand law governs the use of the website and these terms and conditions.
Your access to, and use of, this website is subject to the following terms and conditions. References in these terms and conditions and conditions to "us", "we" or "our" are references to XAIR Performance. By using the website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. From time to time we may update or revise these terms and conditions without notice. Please check these terms and conditions periodically for changes. Your continued use of the website after these terms and conditions have been changed indicates your acceptance of those changes.
While we have endeavoured to ensure that the information we have provided on the website is correct, we do not warrant its accuracy, adequacy or completeness, and we shall not be responsible or liable for any error in, or omission from, the information we have provided on the website.
You agree not to use the website for any purpose that is unlawful or prohibited by these terms and conditions. You may download the information on the website for your own personal use but otherwise, neither the website nor any material on it may be altered, modified, reproduced, transmitted or distributed without our prior written consent.
You agree that you will not interfere with any other party's use and enjoyment of the website, or damage the operation of the website, or our systems or those of other persons who use the website, whether by way of a virus, corrupted file, any other software or program, or otherwise,
Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by us. We do not monitor the content of any other websites and are not liable or responsible in relation to any content on them.
You agree that you will not create a hyperlink to this website without our express written permission. If you do create a hyperlink to this website, you are responsible for all losses that we may suffer as a result of that link, whether direct or indirect. Linking to this website is at your own risk.
All right, title and interest in all intellectual property rights in all concepts, systems, written, graphics and other material relating to the website and its contents is owned by, and shall at all times remain the exclusive property of, us, our licensors and the providers of any other products and services accessible on the Website, and is protected by New Zealand and international law. Nothing in these terms and conditions shall constitute any licence of intellectual property rights to you.
We shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the website. All representations, terms, warranties, guarantees or conditions whether implied by statute, common law or custom of the trade or otherwise are excluded to the fullest extent permitted by law. You agree to indemnify us against all liabilities, losses, claims and expenses suffered or incurred by us, and all claims and demands made against us, arising directly or indirectly out of your use of the Website, or any breach of these terms and conditions and conditions.
XAIR Performance will not accept the return of goods for credit or any other purpose unless XAIR Performance agrees to accept the return of the goods and advise the Customer a return authorisation (R.A.) number prior to the return of goods. Return of goods will only be accepted for credit within 7 days of delivery. Return freight will be at XAIR Performance's cost only when there has been an error on XAIR Performance's part.
No returned goods shall be accepted by XAIR Performance (even if XAIR Performance agree to do so) if they have been tampered with by you or any other person and are not as new, if they are goods expressly sold on a non-return basis, or if they are not accompanied by the return advice number referred to herein. Where goods are returned to XAIR Performance but not accepted as above, they shall be returned to you at your expense.
Receipt by XAIR Performance or by any of our agents or representatives of any goods returned other than in accordance with this clause shall not constitute nor be deemed to constitute XAIR Performance's acceptance of the return of the goods for credit or any other purpose.
Risk in the goods shall pass to you upon delivery.
Where the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
(a) if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, XAIR Performance will repair or replace those goods;
(b) without excluding XAIR Performance's obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that XAIR Performance does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by XAIR Performance in writing;
(c) if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
(d) if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer's contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods; and
(e) if the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without XAIR Performance's prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as XAIR Performance requires, and the Customer agrees to indemnify XAIR Performance against any liability or cost incurred by XAIR Performance under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
(a) Defective goods or goods which do not comply with the contract may at XAIR Performance's discretion be repaired or replaced, or the price refunded.
(b) Any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
(i) the Customer notifies XAIR Performance in writing within 72 hours following delivery and XAIR Performance is given the opportunity to inspect the goods; and
(ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
(c) XAIR Performance will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
(d) XAIR Performance accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
(i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
(ii) Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by XAIR Performance in writing; or
(iii) Any services forming part of the supply of the goods which have been performed by any third party;
and the Customer agrees to indemnify XAIR Performance against any such claim.
(e) In any event, XAIR Performance's liability under any claim shall not exceed the price of the goods.
Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
The Customer authorises XAIR Performance to collect, retain, and use personal information about the Customer (including the information collected in this document) for the following purposes only:
(a) assessing the Customer's creditworthiness.
(b) disclosing to a third party details of this application and any subsequent dealings it may have with XAIR Performance for the purpose of recovering amounts payable by the Customer and providing credit references.
(c) marketing goods and services provided by XAIR Performance to the Customer.
Product and Price variation
Prices quoted are including GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods. Prices include free delivery to any New Zealand address however they exclude any delivery surcharges which may arise.
XAIR Performance shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to XAIR Performance of carrying out the whole or any part of the contract arising from any of the following:
(a) Delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer's failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond XAIR Performance's control;
(b) Variation in the cost of XAIR Performance acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;
(c) Variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or
(d) Any correction of errors or omissions on the part of XAIR Performance or any of its representatives.
All goods and services sold are subject to Goods and Services Tax.
XAIR Performance shall deliver the goods to the address stated on the order or as agreed by XAIR Performance in writing. If your order is urgent, please contact us for availability and delivery times. You will be informed of any expected delays.
Deliveries are made on working days only. Deliveries to rural areas may take longer.
XAIR Performance will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond XAIR Performance's control. XAIR Performance shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
The Customer agrees to inform XAIR Performance within 3 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with XAIR Performance for proof of delivery.