PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Safepak Limited T/A Cargo Care NZ – Terms and Conditions of Sale
Effective Date: April 3, 2025
- Introduction
1.1. These Terms and Conditions (“Terms”) govern the supply of goods (“Goods”) by Safepak Limited T/A Cargo Care NZ (“we”, “us”, “our”) to you, the customer (“you”, “your”).
1.2. Our registered office is at 300 Richmond Road, Auckland, New Zealand.
1.3. By placing an order for Goods through our website, phone, email, in-store or any other method we make available, you agree to be bound by these Terms. Please read them carefully.
1.4. These Terms, together with your order confirmation and any referenced documents (like our Privacy Policy), constitute the entire agreement between you and us for the supply of Goods.
- Definitions
2.1. “Business Day” means any day excluding weekends and public holidays in New Zealand.
2.2. “Consumer” has the meaning given to it in the Consumer Guarantees Act 1993. Generally, this means a person acquiring Goods of a kind ordinarily acquired for personal, domestic, or household use or consumption.
2.3. “CGA” means the Consumer Guarantees Act 1993.
2.4. “Goods” means the stock (including but not limited to parts, equipment, accessories, consumables, etc.) supplied or to be supplied by us to you pursuant to these Terms.
2.5. “GST” means Goods and Services Tax chargeable under the Goods and Services Tax Act 1985.
2.6. “Order” means an order placed by you for the supply of Goods.
2.7. “Price” means the purchase price for the Goods as specified by us, plus any applicable delivery charges and GST.
2.8. “Privacy Policy” means our privacy policy available at [Link to your Privacy Policy on your Website].
2.9. “Website” means www.cargocarenz.co.nz.
- Orders and Acceptance
3.1. You may place an Order via our Website, phone, email, or in person (if applicable).
3.2. An Order constitutes an offer by you to purchase Goods from us under these Terms.
3.3. We reserve the right to accept or reject any Order in whole or in part at our discretion.
3.4. An Order is accepted only when we issue a written order confirmation or dispatch the Goods. Until then, we are not bound to supply the Goods.
3.5. It is your responsibility to ensure the accuracy of the details provided in your Order.
- Price and Payment
4.1. Prices for Goods are displayed in New Zealand Dollars (NZD) and are exclusive of GST unless otherwise stated. GST will be added to the final price at the applicable rate.
4.2. Delivery charges may apply and will be notified to you during the ordering process or in our quotation.
4.3. We reserve the right to change Prices without notice, but changes will not affect Orders already accepted by us.
4.4. Payment must be made in full at the time of placing the Order via the payment methods specified on our Website or invoice (e.g., credit card, bank transfer).
4.5. For approved account holders, payment terms are strictly [e.g., 20th of the month following invoice date] unless otherwise agreed in writing.
4.6. If you fail to make payment by the due date, we may:
a) Charge interest on the overdue amount at a rate of [2% per month] calculated daily from the due date until payment is received in full.
b) Suspend further deliveries of Goods until all outstanding amounts are paid.
c) Recover from you all costs incurred by us in collecting the overdue amount, including legal and debt collection agency costs.
- Delivery and Risk
5.1. We will deliver Goods to the delivery address specified in your Order within New Zealand only.
5.2. Delivery times provided are estimates only. We will use reasonable endeavours to meet these estimates but are not liable for any delays caused by factors beyond our reasonable control.
5.3. Risk of loss or damage to the Goods passes to you upon dispatch from our premises or our supplier’s premises, or upon collection by you or your agent.
5.4. You are responsible for inspecting the Goods upon delivery and notifying us within 48 hours of receipt of any apparent damage or shortages. Failure to do so may affect your ability to claim for transit damage.
5.5. If you fail to take delivery of the Goods, we may charge you for any costs incurred due to the failed delivery, including storage and re-delivery fees.
- Title (Ownership)
6.1. Title (legal ownership) in the Goods does not pass to you until we have received payment in full for the Goods and any other amounts owing by you to us.
6.2. Until title passes, you hold the Goods as bailee for us and must store them separately and securely, clearly identifying them as our property.
6.3. If you fail to make payment when due, or if you become insolvent or bankrupt, we are entitled to enter any premises where the Goods may be stored and retake possession of them, without prejudice to any other rights we may have.
- Returns, Refunds, and Consumer Guarantees Act
7.1. Consumer Guarantees Act 1993 (CGA):
a) If you are acquiring the Goods as a “Consumer” under the CGA, the Goods come with guarantees that cannot be excluded under New Zealand law. These include guarantees that the Goods are of acceptable quality, fit for their particular purpose, and match their description.
b) If the Goods fail to comply with a consumer guarantee and the failure is not of a substantial character, we will at our option repair the Goods, replace the Goods, or refund the Price.
c) If the failure is of a substantial character (as defined in the CGA), you may reject the Goods and choose a refund or replacement, or keep the Goods and claim compensation for the reduction in value.
d) Nothing in these Terms is intended to exclude, restrict, or modify the application of any rights or remedies you may have under the CGA if you are a Consumer.
7.2. Business Customers (Contracting Out of CGA):
a) If you are acquiring the Goods for the purposes of a business (and therefore not a “Consumer” under the CGA), you agree that the provisions of the CGA do not apply to the supply of Goods under this agreement.
b) For this clause 7.2 to be effective, you acknowledge that the Goods are acquired for business purposes, and that it is fair and reasonable that the parties are bound by this clause.
7.3. Change of Mind Returns: We are not legally required to provide a refund or replacement if you change your mind. However, we may, at our sole discretion, accept returns for change of mind within 48 hours of purchase, provided the Goods are in original, unopened, and resalable condition. Restocking fees may apply.
7.4. Return Process: To initiate a return (whether under the CGA or our change-of-mind policy, if any), please contact us at info@cargocarenz.co.nz or 09 360 3236 with your order details and the reason for the return. We will provide instructions on how to return the Goods. You are generally responsible for the cost of returning Goods unless the return is due to our error or a fault covered by the CGA where we are required to cover reasonable costs.
- Warranties
8.1. Consumer Guarantees: As stated in Clause 7.1, if you are a Consumer, the CGA provides certain guarantees.
8.2. Business Customers: If you are acquiring Goods for business purposes and the CGA has been contracted out under Clause 7.2, then to the extent permitted by law, all statutory or implied conditions and warranties are excluded. Our liability for any defect or fault in the Goods is limited to the remedies specified in clause 8.3, unless otherwise mandated by law.
8.3. Manufacturer’s Warranties: Some Goods may come with a separate manufacturer’s warranty. We will pass on the benefit of any such manufacturer’s warranty to you, without being directly liable under that warranty. The terms and conditions of any manufacturer’s warranty are separate from these Terms.
- Limitation of Liability
9.1. To the maximum extent permitted by law, and subject always to our obligations under the CGA (if applicable) and the Fair Trading Act 1986:
a) Our total liability to you (whether in contract, tort including negligence, or otherwise) for any loss, damage, or cost arising directly or indirectly in connection with the supply of Goods or these Terms is limited to the Price paid by you for the specific Goods giving rise to the liability.
b) We are not liable for any indirect, consequential, or special loss, loss of profit, loss of revenue, loss of business, loss of data, or exemplary damages suffered by you or any third party arising out of or in connection with the supply of Goods or these Terms.
9.2. This limitation of liability does not apply to liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
- Intellectual Property
10.1. All intellectual property rights in our Website, branding, promotional materials, and any documentation supplied with the Goods remain our property or the property of our licensors.
- Privacy
11.1. We collect, use, and store your personal information in accordance with our Privacy Policy ([Link to your Privacy Policy]) and the Privacy Act 2020. By placing an Order, you consent to the collection and use of your information as outlined in the Privacy Policy.
- Force Majeure
12.1. We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by an event beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, trade disputes, pandemics, epidemics, government restrictions, import/export regulations, transport delays, fire, flood, or earthquake (“Force Majeure Event”).
12.2. We will notify you as soon as reasonably practicable if a Force Majeure Event occurs and affects our ability to perform our obligations. Our obligations will be suspended for the duration of the Force Majeure Event.
- Errors, Inaccuracies & Omissions
13.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
13.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- Prohibited Uses
14.1. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
14.1.1. for any unlawful purpose;
14.1.2. to solicit others to perform or participate in any unlawful acts;
14.1.3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
14.1.4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
14.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
14.1.6. to submit false or misleading information;
14.1.7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
14.1.8. to collect or track the personal information of others;
14.1.9. to spam, phish, pharm, pretext, spider, crawl, or scrape;
14.1.10. for any obscene or immoral purpose; or
14.1.11. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
14.2. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- Dispute Resolution
15.1. If any dispute arises between you and us under these Terms, both parties agree to first attempt to resolve the dispute in good faith through direct negotiation.
15.2. If the dispute is not resolved through negotiation within [14 Business Days], either party may refer the dispute to mediation or seek remedies through the New Zealand courts or the Disputes Tribunal (if the claim falls within its jurisdiction).
- Governing Law
16.1. These Terms and any contract to which they apply shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
- Amendments
17.1. We reserve the right to amend these Terms at any time. Any amendments will be effective immediately upon posting the updated Terms on our Website. Your continued placement of Orders following such amendments constitutes your acceptance of the revised Terms. Amendments will not apply retrospectively to Orders already accepted by us.
- Severability
18.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the remaining Terms, which will continue in full force and effect.
- Indemnification
19.1. You agree to indemnify, defend and hold harmless Cargo Care NZ and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- Entire Agreement
20.1. These Terms, together with our Privacy Policy and your accepted Order confirmation, constitute the entire agreement between you and us regarding the supply of Goods and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.
- Contact Information
21.1. If you have any questions about these Terms, please contact us:
Company Name: Safepak Limited T/A Cargo Care NZ
Address: 300 Richmond Road, Auckland, New Zealand
Email: info@cargocarenz.co.nz
Phone: 09 360 3236