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The warranty of the Goods as to merchandisable quality and fitness of the Goods for purposes declared in the Company catalogue or published material shall be for a period of six (6) months from delivery. Where the Customer sells the Goods to a consumer third party THE COMPANY will extend the period of warrant to six (6) months following delivery by the Customer to the consumer third party but the Customer shall accept responsibility and liability for determining the fitness of the Goods for the purposes of the consumer third party.
Where the Company accepts liability for damage or defect covered by its guarantee and elects to repair or replace Goods it may repair or replace as soon as reasonably practicable in that the Company will conduct the repair or replacement at no charge to the Customer or to the price of the Goods.
The Company shall not be liable for any economic or consequential loss to the Customer arising out of any breach of the obligations of the Company and the liability of the Company whether in contract or pursuant to any cancellation of the contract or in act or otherwise in respect to all claims for loss, damage or injury the Customer may regard, shall be linked at the option of the Company to the repair or replacement of the Goods or to the price of the Goods.
It is acknowledged that these terms and conditions of trade shall be governed by the provisions of the Consumer Guarantees Act 1993 and that all provisions of these terms and conditions of trade shall be read as modified to the extent necessary to give effect to that intention.
Where the Customer resells the Goods to third party consumer purchasers the Customer shall be mindful of its obligations under the Act to offer repair, replacement or full value of the Goods to the consumer purchaser subject to the Company claims conditions and upon informing the Company where damage or defects occur. The Company shall determine the option to be taken at its sole discretion and shall inform the Customer. The Company shall ensure that the Customer does not suffer economic loss in the application of the warranty under the Act.
The Customer may use published material and instructions of care for the Goods provided by the Company but shall not, give or make any undertaking, assertion or representation in relation to the Goods to any other person or company. If the Customer makes any other representations to the purchaser the Customer shall indemnify the Company against any liability or cost incurred by the Company as a result of any breach by the Customer of this provision.
The Customer agrees that the intellectual property of the Company in the form of website content, designs, images and sample products used with the Goods (whether they are trade-marked or not) and display stands on loan, the ownership shall remain the property of the Company and the Customer agrees that it can only use the intellectual property in its use of the Goods for display and resale and that it will not give or copy the intellectual property of the Company to any third party. No content or images may be removed from www.bellavi.co.nz for use in a Customer website or agent of the Customer website or any other electronic or digital media.
The Company at its discretion will repair or replace any damaged or defective Goods meaning Goods that are not of merchandisable quality or fit for the purposes described in its catalogue or published material or make a reasonable allowance on the purchase of goods to replace the Goods provided:
(a) that the Customer contacts the Company Representative ( +64 7 5792497, email@example.com) and obtains authorisation prior to returning the Goods and that the claim specifically identifies the damage or defect(s) OR Goods short supplied; and
(b) that the Company has reasonable opportunity to investigate the claim.
If the Customer does not comply with the above requirements, the Customer will be deemed to have accepted the Goods and the Company will not incur any liability whatsoever in relation to the Goods.
The Customer agrees that claims shall not be considered in respect of Goods which:
(i) are not intact and in original condition and packaging .
(ii) have been improperly stored causing damage or deterioration.
(iii) have been altered in any way different to the conditions in which they have been supplied.
(iv) have been mixed with or attached to other goods of the Customer causing damage or deterioration to the Goods.
(v) have not been used in accordance with the Company publications.
Damaged or defective Goods cannot be disposed of by the Customer or its agents without the permission of the Company.
The Company reserves the right to allow claims for Goods that are incorrectly ordered by the Customer (provided that they are not made to order) by retaining twenty per cent (20%) of the invoice price plus freight costs as an administrative charge and handling fee. Claims for Goods incorrectly ordered will not be recognised by the Company unless the Goods are in original condition and unless the Customer advises the Company within seven (7) days of delivery.