1. The “Company” refers to Morton & Perry Limited in these terms and conditions. “Goods” refers to goods provided or to be provided by the Company to the Customer under these terms of trade from time to time.
2. All goods provided by the Company to the Customer are subject to these terms and conditions.
3. If any part of these terms and conditions is found to be invalid, void, unlawful, or unenforceable, the other clauses’ validity, existence, legality, and enforceability will not be impacted, prejudiced, or impaired.
4. In the event that the Company breaches this contract, the Customer’s rights are limited to damages. Under no circumstances will the Company’s responsibility exceed the cost of the Goods.
1. The Customer must pay for the Products in full before removing them from the warehouse and before the Company delivering the goods if the Customer requests delivery. If the payment tendered is later reversed or cleared funds are not received by the Company for any reason, the Customer shall be in default and shall, at the Company’s discretion (and without prejudice to any other rights the Company may have), pay default interest on any amount outstanding to the Company at a rate of 5% above the current base overdraft rate.
2. Default interest will accrue daily from the due date until the date of actual payment, and the Customer shall be responsible for all expenses and costs (including legal fees as between solicitor and client) incurred by the Company in obtaining or attempting to obtain a remedy for the Customer’s failure to pay any amount owed.
3. All payments are due immediately upon demand. The imposition of default interest in no way implies that the Company has granted or extended credit to the Customer.
4. All charges to a credit card are processed as Authorisations (Auth). Authorisation does not result in the transfer of funds. It verifies the card and ensures that it will be accepted for the specified amount, as well as securing the cash for seven days. If no payment is received within 7 days, the hold on the funds will expire.
Please visit our current Shipping Options page for more information
1. All risk in the Company’s Goods shall transfer to the Customer upon the Goods leaving the Company’s premises. The Customer recognises that any damage to the Goods during delivery is the Customer’s responsibility, not the carrier delivering the Goods.
- Retention of Title
1. It is the Company’s purpose and the Customer’s agreement that property in the Goods shall not pass to the Customer until the Customer has paid all monies due for the particular Goods. The Goods shall be kept separate until the Company shall have received payment and all other obligations of the Customer are met.
2. If possession of the Goods is granted and the Customer defaults on payment or the Customer becomes insolvent, the Customer agrees to surrender possession of the Goods upon request, and the Customer authorises the Company to enter any premises where the Goods may be located to recover any such Goods, without being liable for any damage resulting from such entry.
3. The Company may commence legal action to collect the price of Goods sold even though ownership of the Goods has not transferred to the Buyer.
- Conditions of Sale
1. You may order Products by choosing and placing your order on the Website by the terms and conditions set out herein.
2. Any order placed on this Site for a Product constitutes an offer by you to acquire the Product at the price shown at the time the order is placed (including shipping, taxes, and other costs).
3. We may request additional information from you or require you to confirm your details to process any orders placed through the Site.
4. You agree to supply the Site with current, full, and accurate information.
5. In some instances, we may be forced to decline your order. This may occur if the requested Product is not available or if a pricing or product description listed on the Site contains a mistake.
- Returns Policy
Please visit our current returns policy found here1. Any defective things purchased will be repaired or exchanged. If the Goods are defective, we shall comply with our duties under the Consumer Guarantees Act to provide a remedy, subject to section 9.1.
1. If the Company fails to enforce any of these terms and conditions or provides the Customer time or other concessions, this shall not be interpreted as a waiver of that term or condition or the Company’s right to enforce that or any other term or condition in the future.
- Consumer Guarantees Act 1993
1. This agreement is subject to the Consumer Guarantees Act 1993 in all circumstances except if the Customer is contracting within the terms of a trade/business (which cases are specifically excluded)
- Privacy Act
2. Upon the Customer’s request, the Company will promptly cease delivering marketing materials to the Customer.
3. The Customer has the right to review and update any information the Company has on him or her.
- Warranty information
1. The warranty is extended only to the original purchaser. This item is non-transferable to another party.
2. The warranty is limited to manufacturing defects only. The warranty does not cover malfunctions caused by misuse, lack of maintenance, or normal wear and tear.
4. Warranty is strict “Back to Base” The customer is responsible for all fees associated with transporting the item to Morton & Perry Limited for repair.
Important extra information before making an online purchase — Please Read
All Morton & Perry Limited warranties when purchasing online or via direct purchase order are ‘back to base’. Please verify that you can return a product to Morton & Perry Limited, Unit 10 39-45 Porana Road, Wairau Valley, North Shore for servicing or to comply with warranty terms and conditions before completing the sale.
Unless otherwise specified in writing, the purchaser is believed to have accepted the following conditions after the transaction.
1. All products requiring warranty repairs must be returned to Morton & Perry Limited at the customer’s expense.
2. Parts returned under warranty shall be replaced free of charge if an inspection reveals a warranty failure, replacement or repaired parts will be returned at the expense of Morton & Perry Limited.
3. If a product is returned for warranty repair and is not collected, it will be shipped/returned at the purchaser’s expense.
4. Due to the geographic location of many customers purchasing over the internet, Morton & Perry Limited cannot guarantee service on-site or in-home, even if the customer accepts additional costs for labour or travel. Morton & Perry Limited cannot be held liable for any costs incurred or associated with the return of the product or the inability to use the product inside or outside the home.
If you require further information or clarification on the above terms please speak with your sales representative before completing the sale.