Terms + Conditions
These Terms and Conditions (Terms) are the only basis upon which Equipment will be sold or hired to you by Sweet Seat Limited (we, us, our).
By requesting to purchase or hire Equipment and/or by placing an order with us, you agree to accept and comply with these Terms.
Any terms and conditions not contained below or which are inconsistent with these Terms (other than those implied by statute) will not be binding on us.
No terms and conditions of sale issued by you shall apply unless agreed by us in writing.
We reserve the right to change these Terms without notice. Any amended Terms will be placed on our website (www.sweetseat.co.nz) and will specify the date from which they are to apply.
All transactions are to be processed in New Zealand dollars unless we agree otherwise.
In these Terms unless the context otherwise requires:
1.1 “CGA” means the Consumer Guarantees Act 1993 and any amendment, re-enactment or replacement of it.
1.2 “you or your” means that person (or persons) purchasing and/or hiring equipment and/or receiving supply of Equipment from us and, where that person (or persons) does so on behalf of another entity, includes such entity and any person claiming under or authorised by you.
1.3 “Deposit” means in relation to the hire of Equipment the monies payable to and to be held by us as security pursuant to these Terms for performance of your obligations under these Terms.
1.4 “Quote” means the quote relating to the sale or hiring of the Equipment provided by us to you either in email form or hard copy.
1.5 “GST” means Goods and Services Tax as defined in and a reference to the Goods and Services Tax Act 1985.
1.6 “Hire Commencement Date” means the commencement of the hiring as set out in the Quote or if earlier the date of delivery of the Equipment to you.
1.7 “Equipment” means all goods and products supplied in any way (including but not limited to sale or hire) by us to you (and shall include any incidental supply of services).
1.8 “Minimum Hire Period” means the period stated on the Quote which shall be calculated from the Hire Commencement Date.
1.9 “Price” means the price stated on our Quote, or if higher at the date of delivery of the Equipment, the then current price of the Equipment as shown on our Website.
1.10 “PPSA” means the Personal Property Securities Act 1999 and any amendment or replacement of it.
1.11 “Rent” means the rent stated on our Quote or if none, or if higher at the date of delivery of the Equipment, the then current rent of the Equipment as shown on our Website.
1.12 “Return Date” means the return date stated on the Quote or if none, or your return the Equipment on a different date, then the date you return the Equipment to us in accordance with these Terms.
1.13 “Website” means www.sweetseat.co.nz and/or such other website(s) of us from time to time.
2.1 The Equipment is described on our Quote as provided by us to you.
2.2 In the case of second hand Equipment you acknowledge that you have had full opportunity to inspect the same and that you accept the same with all faults and that no warranty is given by us as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded to the extent legally possible to do so. We shall not be responsible for any loss or damage to the Equipment, or caused by the Equipment, or any part thereof however arising.
2.3 We cannot guarantee that the Equipment listed on our website or promotional materials will be available at all times but we will do our best to source the Equipment or an alternative solution.
3. Price and Payment
3.1 Time for payment of the Price or Rent will be stated on the Quote. If no time is stated then payment shall be due on delivery of the Equipment.
3.2. When hiring Equipment you will be required to pay a deposit of not less than 150% of the estimated total Rent.
3.3 On return of the Equipment on the Return Date in good order and condition, you will be refunded with the difference between the deposit paid and the actual total Rent. In the event that the Equipment is stolen, not returned in good order and condition or returned after the Return Date we are entitled to retain the deposit and apply it to the cost of replacing the Equipment, cleaning or repairing the Equipment so that it is in good order and condition or compensating us for the lost rent due to the late return of the Equipment. Should the deposit not be enough to cover such costs you shall be liable for and indemnify us for the difference which shall be immediately payable on demand.
3.4 Payment will be made by cash or such other method agreed between you and us.
3.5 Unless expressly stated in writing the Price and Rent shall be GST inclusive.
3.6 Cleaning fees will be assessed and charged if you return Equipment that we deem (in our sole discretion) to be excessively dirty.
3.7 Discount vouchers, offers and promotions are for single use only and cannot be used in conjunction with any other offer, discount or promotion.
4. Hire Period
4.1 Equipment may be hired Weekly or Monthly or as agreed to in writing as follows:
(a) “Weekly” means 6 days, from Monday until Saturday or part thereof; and
(b) “Monthly” means a calendar month (e.g. if pick up is on the 18th of a month, return is to be by the 17th of the following month).
4. 2 Your liability to us for payment of the Rent commences on the Hire Commencement Date and continues until the Return Date or if later the date of return of the Equipment to our premises in the state and condition as required under these Terms.
4.3 Where the Return Date has been left blank on the Quote then unless other terms shall have been agreed in writing between us and you a periodic daily rental shall come into being on delivery of the Equipment to you terminable by us or you by notice in writing provided such notice shall not be given by you so as to expire before expiry of the Minimum Hire Period.
4.4 If you cancel the hire of any Equipment at any stage prior to the Return Hire Date, then there will be no refund of the Rent.
4.5 You must pay the full amount of the Rent and Deposit prior to hireage of the Equipment[BM1] .
5. Client’s Responsibilities
5.1 You shall:
(a) use the Equipment properly with all due care and for the purpose for which it is designed and in accordance with the manufacturer’s instructions.
(b) keep the Equipment in your possession and under your control and not copy or part with possession of all or any part of the Equipment nor assign the benefit of all or any part of these Terms nor create any lien over[BM2] the Equipment nor encumber the Equipment in any way. You accept full responsibility for the safekeeping of the Equipment and will indemnify us for all loss and expense arising from theft or damage to the Equipment howsoever caused and without limiting the generality of the foregoing whether or not such loss theft or damage is attributable to any negligence failure or omission of you.
(c) not alter or make any additions to the Equipment in any way including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfering with the Equipment.
(d) return the Equipment to us on the Return Date or upon earlier termination of hire in the same state of repair and condition as it was at the Hire Commencement Date (fair wear and tear accepted) and any damage will be repaired or replaced as necessary at the expense of you together with any loss of rental we may suffer by reason of the Equipment being unavailable for rental from the Return Date during the period of repair.
6. Our Right to Terminate
6.1 Without prejudice to any other remedies available to us and notwithstanding any period of hire specified in the Quote or otherwise we may terminate the hiring of any Equipment if:
(a) we reasonably believe the Equipment is in imminent danger of damage or destruction;
(b) you commit a material breach of these Terms or you commit any act of bankruptcy or being a company an application is made or a resolution is passed for your winding up or a receiver of your assets is appointed or if any execution or distress shall be levied upon the Equipment or if any judgment against you shall remain unsatisfied for seven (7) days or more or if you make an assignment or compromise for the benefit of your creditors or being a company you are placed under statutory management or cease to carry on business; or
(c) we provide (7) days written notice.
7. Delivery and Passing of Risk
7.1 Delivery of the Equipment may be made by us to your address set out in the Quote or such other address subsequently advised by you to us. You shall make all arrangements necessary to take delivery of the Equipment whenever they are tendered for delivery and we shall be entitled at any time before delivery to elect (by notice in writing to you) to deliver the Equipment to you at our address.
7.2 The costs of carriage and any insurance which you reasonably direct us to incur shall be reimbursed by you (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price or Rent. The carrier shall be deemed to be your agent.
7.3 If we deliver the Equipment to you we shall be entitled to charge for the reasonable costs of our travel. Those costs shall be stipulated on the Quote.
7.4 The failure of us to deliver any Equipment shall not entitle either party to treat these Terms as repudiated.
7.5 All risk in or relating to the Equipment passes to you on delivery from which time all losses and costs (including but not limited to freight and insurance) are to be borne by you to the exclusion of us.
8. Defective Equipment
8.1 On delivery, if any Equipment is materially defective, you must give written notice of the material defect to us within (7) days of such delivery, whereupon we may at our option to:
(a) replace the defective Equipment within (20) days of receiving your notice; or
(b) refund you the Price or Rent paid for the Equipment which is defective,
but we will have no further liability to you in respect thereof and you may not reject the Equipment if notice is not given by you as detailed in this clause.
8.2 In all other circumstances no Equipment may be returned to us without the prior agreement in writing of us. Subject to this if we are satisfied that any Equipment that is returned to us is materially defective, we may at our sole discretion:
(a) notify the manufacturer of the Equipment of the defect and request the manufacturer to repair or replace any defective Equipment; or
(b) replace it free of charge or refund or credit to you the Price or Rent paid of such defective Equipment; and except to this extent, we will have no further liability to you.
8.3 We will be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, failure to follow our instructions (whether oral or in writing), misuse or alteration of the Equipment without our approval, or any other act or omission on the part of you any third party.
8.4 You must ensure that (except to the extent of the instructions as to the use of the Equipment contained in the packaging or labelling of the Equipment) any use of the Equipment is in accordance with directions given by us (whether oral or in writing) and you must indemnify us against any liability, loss or damage which we suffer as a result of any failure of you to comply with this requirement.
9. Supply for Business Purpose
9.1 Where you hire Equipment or purchase Equipment or services in trade (for business purposes) you agree:
(a) that all provisions of the CGA are excluded to the maximum extent allowed under section 43(2) of that Act;
(b) sections 9 (Misleading and deceptive conduct generally), 12A (unsubstantiated representations), and 13 (False or misleading representations) of the Fair Trading Act 1986 do not apply;
(c) we shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you as a result of any defect in the Equipment or services, or any failure by us to perform our obligations under these Terms to you in respect of the delivery of any Equipment or services, even if such loss was, or should have been, within our contemplation; and
(d) without restricting any other provision of these Terms limiting our liability to you, any claim which you may have against us, whether in contract, tort or otherwise as a result of any defect in any Equipment or services shall be limited, at its option, to the repair or replacement of the defective Equipment or services (if applicable) or the refund of a maximum amount equal to amounts actually paid by you to us in respect of the defective Equipment or services.
10. Sellers liability
10.1 You acknowledge that we have no liability to you for any direct or indirect or consequential loss or damage or for any loss of profit (or any other form of economic loss) arising in connection with these Terms (whether in contract or in tort) including that resulting from the negligence of us, the use by you of the Equipment, or arising by operation of law. Without limiting the foregoing, we are not liable for any indirect or consequential loss or damage including any loss of profit or other loss suffered by you, or liability incurred by you, as a result of the breakdown of any hired Equipment, however caused.
10.2 Subject to the exclusion of liability in clause 10.1 above, the maximum aggregate liability of us for all claims made by you, whether as a result of any breach of these Terms or on any other ground or terms whatsoever (including liability as a result of tort, including negligence) will not exceed:
(a) in the case of any Equipment purchased by you, the Price for that Equipment; and
(b) in the case of any Equipment hired, the lesser of the hire charges paid by you to us pursuant to these Terms and three months’ hire charges paid by you to us pursuant to these Terms.
10.3 You will indemnify us against any liability, losses, damages or expenses incurred or suffered by us as a result of any claim made by a third person against you in respect of any loss or liability arising from these Terms or arising out of the use of the Equipment hired or purchased by you.
10.4 Nothing in these Terms affects your rights under the CGA. If you are purchasing or hiring the Equipment for the purposes of a business, the provisions of the CGA do not apply.
10.5 If you are purchasing Equipment, then except as prohibited by law, all guarantees in respect of the Equipment, whether express or implied, are excluded.
10.6 We make no warranty or representations as to the state, quality or fitness of the Equipment for any purpose and no such warranty shall be implied. For the avoidance of doubt, no warranty shall be implied by the description of the Equipment on the Quote or our website or by the provision of information relating to the proper operation and maintenance of the Equipment.
11. Default & Consequences of Default
11.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.
11.2 If you default in payment of any invoice when due, you shall indemnify us from and against all of our costs of collection (including disbursements) including legal costs on a solicitor and own client basis.
11.3 Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment), we may suspend or terminate the supply of Equipment to you and any of our other obligations under the Terms. We will not be liable to you for any loss or damage you suffer because we exercised our rights under this clause.
11.4 If any account remains unpaid at the end of the second month after supply of the Equipment an immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable in addition to the interest payable under clause 11.1 hereof.
11.5 In the event that:
(a) any money payable to us becomes overdue, or in our opinion you will be unable to meet its payments as they fall due, or;
(b) you becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors, or;
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours, then without prejudice to our other remedies at law:
(i) we shall be entitled to cancel all or any part of any order of yours which remains unperformed in addition to and without prejudice to any other remedies; and
(ii) all amounts owing to us shall, whether or not due for payment, immediately become due and payable.
12. Equipment Damage
12.1 You must notify us immediately of a theft, or where loss and/or damage has occurred. We may elect that the Equipment be immediately returned to us at your cost.
13.1 We may deal or dispose in any way with all or any part of our rights and obligations under these Terms without your consent.
14. Resale of Equipment and Indemnity
14.1 Where you re-sell the Equipment or any part of them for the purpose of its business, you undertake to obtain written agreement from your customers contracting out of the provisions of the CGA and further you hereby agree to indemnify and hold harmless us against all actions, suits, claims, costs and demands in respect of any claim made against us by any customer of yours who is not a consumer and which is not covered by any express written guarantee of us covering the relevant Equipment.
15. Privacy Act
15.1 You authorise us to:
(a) collect, retain and use any information about you, for the purpose of assessing your creditworthiness or marketing products and services; and
(b) to disclose information about you, whether collected by us from you directly or obtained by us from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you.
15.2 Where you is a natural person the authorities under (clause 19.1) are authorities or consents for the purposes of the Privacy Act 1993.
15.3 You shall have the right upon written request to receive from us a copy of the information about you retained by us and to have us correct any incorrect information about you held by us.
16. Title and Security
16.1 Title to the Equipment in the case of hire remains with us at all times. Title to the Equipment in the case of a sale passes to you only when you have made payment in full to us in cleared funds for all the Equipment and of all other sums due to us by you on any account.
16.2 Until title to the Equipment passes to you we have a security interest in all such Equipment and the following clauses apply:
(a) You shall hold the Equipment solely as fiduciary bailee for us and insure the Equipment to full replacement cost and store the Equipment separately from your own goods or property and in such matter as to clearly identify the Equipment as the property of us;
(b) You are authorised to sell the goods only as agent and fiduciary for us and the entire proceeds of sale must be held in a separate bank account on trust for us;
(c) You give irrevocable authority to us to enter any premises on which the Equipment is situate at any time after default or likely default of you to remove and repossess the Equipment and we shall not be liable for any costs, damages, expenses or losses incurred by you or any third party as a result of this action unless by statute such liability cannot be excluded. We may either resell any repossessed Equipment and credit your account with the net proceeds of sale (after deduction of all storage, selling and related costs) or retain the repossessed equipment and credit your account with the invoice value less such sum as we reasonably determine on account of wear and tear, depreciation, obsolescence, loss of profit and/or costs.
16.3 If the Equipment is attached, fixed or incorporated into any property of you by way of any manufacturing or assembly process by you or any third party, title in the Equipment shall remain with us until you has made payment for all the Equipment, and where the Equipment is mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall be deemed to be assigned to us as security for full satisfaction by you of the full amount owing to us. Upon assenting to these Terms you acknowledge and agree that:
(a) these Terms constitute a security agreement for the purposes of the PPSA; and
(b) a security interest is taken in all Equipment previously supplied by us to you (if any) and all Equipment that will be supplied in the future by us to you during the continuance of our relationship.
16.4 You undertake to:
(a) sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
(b) indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Equipment charged thereby;
(c) not register a financing change statement or a change demand without the prior written consent of us;
(d) give us not less than fourteen (14) days prior written notice of any proposed change in your name and/or any other change in your details (including but not limited to, changes in your address, facsimile number, or business practice); and
(e) immediately advise us of any material change in your business practices which would result in a change in the nature of proceeds derived from such sales.
16.5 We and you agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these Terms and Conditions.
16.6 You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
16.7 Unless otherwise agreed to in writing by us, you waive your right to receive a verification statement in accordance with section 148 of the PPSA.
16.8 The Client unconditionally ratifies any actions taken by us pursuant to the above clauses and by virtue of the power of attorney given by you to us.
17.1 If any provision of these Terms 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.
17.2 All Equipment and services supplied by us are subject to the laws of New Zealand and we take no responsibility for changes in the law which affect the Equipment or services supplied.
17.3 Neither party shall be liable for any default due to any act of god, war, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
17.4 You shall not set off against the Price or Rent amounts due from us whether under these Terms or otherwise.
17.5 Any notice given under these Terms by you must be in writing and will be deemed to have been received us in the case of hand delivery, upon delivery; in the case of pre-paid ordinary post, three (3) days after the date on which it was posted and in the case of email or facsimile upon you obtaining confirmation that the transmission was successfully completed.
18. Installation of car seat or restraint
18.1 When you hire or buy a car seat or child restraint (with proof of purchase) from us directly at we will install it for free.
18.2 Installation fees are applicable if the care seat or child restraint has not been purchased or hired from us. The current fees are as provided on the Website (www.sweetseat.co.nz).
19. Sweet Seat Competitions
19.1 All/any currently running competitions are subject to change without notification.
19.2 To be eligible to win any given prize for a currently running competition a question may be asked of the person entering the draw. If this is required then the answer must be correct at time of submitting the entry to validate the submitted entry.
19.3 Duration of any competition will be dependant on the given competition and noted on the Website with the rest of the current competition's details.
19.4 We will make any/all competition draws available to any/all valid entries except to our management, staff or immediate relatives of the previously mentioned.
19.5 Draws for each/any competition when completed will be selected via random selection from those validated entries that have been received by the given deadline.
19.6 All entries for any currently running competition are to be submitted via the Sweet Seat Facebook page or via email to email@example.com.
19.7 Winners of any Sweet Seat competition must contact Sweet Seat within 2 weeks of being announced as winner of that particular promotion.
19.8 Winners must claim their prize within 4 weeks of initial notification otherwise the prize will go to another randomly selected winner or runner up to the applicable competition (whichever is appropriate).
19.9 All competition entries must meet the required guidelines and expectations of any given competition as set out in these Terms.
19.10 All elements of any prizes are non refundable, non transferable or redeemable for cash.
20. Price matching
20.1 The product being matched must not be damaged or an ex display model. It must be in stock, new and an identical match (i.e. same name model and colour).
20.2 Applied to New Zealand websites and retailers only.
20.3 Not to be used in conjunction with any other discounts or offers.
20.4 Price match excludes items sold through auction websites or private sellers.
20.5 Price matching is offered totally at our discretion and we have the right to refuse the match without disclosing the reason.
20.6 Special must be current when applying for price match.
Know they're sweet. Know their seat.