Innertech Ltd Terms and Conditions of Service and Purchase
Reviewed December 2024.
The following terms and conditions govern the provision of services and the purchasing of goods sold by Innertech including any goods or services provided through the Innertech website or any e-commerce platforms associated with Innertech Ltd.
1. Definitions
1.1 “Innertech Ltd” shall mean the company Innertech Ltd or Innertech or any agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Innertech.
1.3 “Goods” shall mean:
1.3.1 All Goods of the general description specified on the front of this agreement and supplied by Innertech to the Customer; and
1.3.2 All Goods supplied by Innertech Ltd to the Customer; and
1.3.3 All inventory of the Customer that is supplied by Innertech Ltd and
1.3.4 All Goods supplied by Innertech Ltd and further identified in any invoice issued by Innertech to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 All Goods that are marked as having been supplied by Innertech Limited or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Innertech; and
1.3.6 All of the Customer’s present and after-acquired Goods that Innertech Ltd has performed work on or to or in which goods or materials supplied or financed by Innertech Ltd have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Goods and Services” shall mean all goods, products, services and advice provided by Innertech Ltd to the Customer and all charges for labour, hire charges, extended warranties, insurance charges, or any fee or charge associated with the supply of Goods and Services by Innertech Ltd to the Customer.
1.5 “Price” shall mean the cost of the Goods and Services as agreed between Innertech Ltd and the Customer and includes all disbursements E.g. charges Innertech Ltd pay to others on the Customer’s behalf subject to clause 4 of this contract.
2. Acceptance of Terms & Conditions
By accessing, browsing or using this site, you acknowledge and agree to the terms and conditions, as well as any relevant disclaimers contained herein. Further, by continuing, you acknowledge that you have read, understood and accepted these terms and conditions. By soliciting a quote on the “free quote” page you must agree to the terms and conditions displayed. By purchasing a product from this website, you agree to be bound by these terms and conditions
Innertech Ltd reserves the right to change any or all of the information contained herein at any time and you should constantly check the current terms and conditions. Innertech reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders at their sole discretion. Any paid orders cancelled by Innertech, will receive a full refund.
3. Security, Collection and Use of Information.
3.1 The Customer authorises Innertech Ltd to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or pre-consented marketing purposes.
3.2 The Customer authorises Innertech Ltd to disclose any information obtained to any person or agency for the purposes set out in clause 3.1
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4. Pricing
All prices are shown in New Zealand dollars (NZ$) and include GST (which is currently 15% sales tax – if the GST rate changes we reserve the right to immediately amend our prices accordingly). All prices are correct at time of publication, however we reserve the right to vary price in applicable circumstances. If this should happen after you have ordered a product, we will contact you prior to processing your order.
5. Payment
5.1 Payment for Goods and Services shall be made in full following the date of the invoice (“the due date”) unless a varied arrangement has been authorised by an Innertech representative.
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per annum.
5.3 Any expenses, disbursements and legal costs incurred by Innertech Ltd in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.5 A deposit, as a percentage of the total invoiced amount is required at the time of order by the Customer.
6. Quotation
6.1 Where a quotation is given by Innertech Ltd for Goods and Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Innertech Ltd reserves the right to alter the quotation because of circumstances beyond its control.
6.2 Where Goods and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods and Services.
6.3 Substantial alterations cannot be made once quote has been accepted and manufacturing is undergoing, this includes but is not limited to the choice of colour for powder coating, designs and manufacturing of parts.
6.4 The time agreed for the completion of Services or the delivery of Goods shall not be an essential term of this contract and should be considered as a reasonable estimate.
7. Call-Out Fees
7.1 Our call-out fees are a standard charge intended to cover the costs associated with attending customer requests for on-site visits and assessments, which may include minor interventions. These fees include components for labor, transport, and administrative expenses.
- After-Hours Call-Out Fees:
Additional charges apply for services requested outside standard business hours (after 4:30 pm, before 8:00 am, weekends, and public holidays). These fees are calculated based on the time, distance, and nature of the service required.
- Consultation Fees:
Consultation fees may apply if the customer requires specific instructions or technical advice over the phone. A fee will be charged for calls exceeding 15 minutes, where a technician provides detailed technical guidance.
7.2 Innertech reserves the right to review and update these prices from time to time. Any changes to fees will be communicated to customers and reflected on our website.
7.3 By requesting our services, customers agree to these terms and acknowledge that call-out fees are non-refundable once a service visit is scheduled and attended.
8. Risk
8.1 Not withstanding anything else in this contract, any Goods supplied to the Customer shall be at the sole risk of the Customer from such time as they are delivered to the Customer or into custody on the Customers behalf.
9. Agency
9.1 The Customer authorises Innertech Ltd to contract either as principal or agent for the provision of Goods and Services that are the matter of this contract.
9.2 Where Innertech Ltd enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
10. Title and Security (Personal Property Securities Act 1999)
10.1 Title in any Goods and Services supplied by Innertech Ltd passes to the Customer only when the Customer has made payment in full for all Goods and Services provided by Innertech Ltd and of all other sums due to Innertech Ltd by the Customer on any account whatsoever. Until all sums due to Innertech Ltd by the Customer have been paid in full, Innertech Ltd retains a security interest in all relevant Goods and Services.
10.2 If the Goods and Services are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods and Services shall remain with Innertech until the Customer has made payment for all Goods and Services, and where those Goods and Services are mixed with other property so as to be part of or a constituent of any new Goods and Services, title to these new Goods and Services shall deemed to be assigned to Innertech as security for the full satisfaction by the Customer of the full amount owing Innertech and Customer.
10.3 The Customer gives irrevocable authority to Innertech Ltd to enter any premises occupied by the Customer or on which Goods and Services are situated at any reasonable time after default by the Customer or before default if Innertech Ltd believes a default is likely and to remove and repossess any Goods and Services and any other property to which Goods and Services are attached or in which Goods and Services are incorporated. Innertech Ltd shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Innertech Ltd may either resell any repossessed Goods and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and Services and credit the Customer’s account with the invoice value thereof less such sum as Innertech Ltd reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
10.4 Where Goods and Services are retained by Innertech pursuant to clause 9.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
10.5 The following shall constitute defaults by the Customer:
10.5.1 Non payment of any sum by the due date.
10.5.2 The Customer intimates that it will not pay any sum by the due date.
10.5.3 Any Goods and Services are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Goods and Services.
10.5.4 Any Goods and Services in the possession of the Customer are materially damaged while any sum due from the Customer to Innertech Ltd remains unpaid.
10.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distains against any of the Customer’s assets.
10.5.6 A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.
10.5.7 Any material adverse change in the financial position of the Customer.
10.6 If the Credit Repossession Act applies to any transaction between the Customer and Innertech Ltd, the Customer has the rights provided in that Act despite anything contained in these terms and conditions of trade.
11. Security Interest for Service Providers
11.1 The Customer gives Innertech Ltd a security interest in all of the Customer’s present and after-acquired property that Innertech Ltd has performed services on or to or in which goods or materials supplied or financed by Innertech Ltd have been attached or incorporated.
12. General Lien
12.1 The Customer agrees that Innertech Ltd may exercise a general lien against any Goods and Services or property belonging to the Customer that is in the possession of Innertech for all sums outstanding under this contract and any other contract to which the Customer and Innertech Ltd are parties.
12.2 If the lien is not satisfied within seven (7) days of the due date Innertech Ltd may, having given notice of the lien at its option either:
12.2.1 Remove such Goods and Services and store them in such a place and in such a manner as Innertech Ltd shall think fit and proper and at the risk and expense of the Customer; or
11.2.2 Sell such Goods and Services or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
13. Disputes
13.1 No claim relating to Goods and Services will be considered unless made in writing within fourteen (14) days of delivery.
13.2 In the event of a dispute over warranty or fault the Customer is entitled to consult with an independent technician as his/her own expense.
13.3 Innertech Ltd is entitled to reject any findings from other technicians or question the independence or validity of any technical review.
13.4 Would the Customer and Innertech Ltd be unable to solve the issues in dispute a mediator may be appointed by the parties to determine a resolution.
14. Liability
14.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Innertech Ltd which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Innertech Ltd liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
14.2 Except as otherwise provided by clause 13.1 Innertech Ltd shall not be liable for:
14.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by Innertech Ltd to the Customer; and
14.2.2 The Customer shall indemnify Innertech Ltd against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Innertech Ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by Innertech Ltd its agents or employees in connection with the Goods and Services.
14.3 Any structural damage to terrain or infrastructure E.g. mains, pipes, network, due to digging would be the sole responsibility of the customer unless Innertech Ltd has undertaken the work after full disclosure of infrastructure planning and design and any risk associated with interference with the Customer property. Any adverse digging would be the sole responsibility of the costumer and underground location services should be engaged by the customer before contracting with Innertech Ltd.
14.4 The Customer is responsible for any permits or licenses required by the council due to interference with any public infrastructure or works over boundary lines.
15. Warranties by Customer
15.1 The customer warrants that:
15.1.1 It has and shall continue to provide Innertech with all information and assistance relevant to the carrying out of work that is the matter of this contract; and
15.1.2 It has obtained all necessary permits and consents from the relevant Local Authority and has informed Innertech of all matters relating to such permits and consents; and
15.1.3 Prior to commencement of any work it shall mark all boundaries of the land where work is to proceed AND mark all areas of such land where work is required AND shall inform Hampden of all such markings AND point out to the driver of any machine or vehicle about to execute or executing the work where work is to be executed and the extent of the work to be carried out, and if any spoil is to be removed, the place where it is to be deposited; and
15.1.4 It has located, marked and advised Innertech of all gas pipes, water pipes, sewage lines, drainage lines, telephone cabling, and other utilities that are on, or near, or adjacent to the land upon which any work is to proceed; and
15.1.5 It has advised Hampden of any possibility of or knowledge of any subsidence, slip, erosion, flooding, or any other thing which might constitute a hazard on the land where work is to proceed or on any adjacent land; and
16. Warranty
16.1 Manufacturer’s warranty applies where applicable.
16.2 Any guarantee or written warranty that Innertech Ltd provides to the Customer will also form part of these terms and conditions of trade.
16.3 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the Goods and Services except where goods are supplied, or services provided pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract.
16.4 Innertech Ltd does not provide any warranty over Goods or Services provided that have been repaired or attempted to be repaired by any person other than a Innertech Ltd technician or authorized person.
16.5 No warranty expressed or implied applies to insect damaged, water blasting, chemicals washing, power surge or flooding.
17. Consumer Guarantees Act
17.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Innertech Ltd for the purposes of a business in terms of section 2 and 43 of that Act.
18. Personal Guarantee of Company Directors or Trustees
18.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Innertech Ltd agreeing to supply Goods and Services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Innertech Ltd the payment of any and all monies now or hereafter owed by the Customer to Innertech Ltd and indemnify Innertech Ltd against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
19. Cancelation
19.1 Innertech Ltd shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of Goods and Services to the Customer if the Customer fails to pay any money owing after the due date or the Customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.
19.2 Any cancellation or suspension of this agreement shall not affect Innertech Ltd’s claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the Customer’s obligations to Innertech Ltd under this contract.
20. Miscellaneous
20.1 Innertech Ltd shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
20.2 Failure by Innertech Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Innertech Ltd has under this contract.
20.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.