Terms and Conditions of Trade

The terms of trade set out below govern all of the supplies of goods from Wettie Limited (“we”, “us”) to the Customer (“you”). They replace all earlier written or oral agreements and any terms and conditions contained in any document used by you and purporting to have contractual effect. Your acceptance of any goods or services from us indicates your continuing acceptance of these terms of trade.

Consumers may have additional rights under the Consumer Guarantees Act 1993.

Delivery and Risk

You are responsible for insurance and risk in the goods from the time they leave our premises.

You agree to pay all delivery costs. If we deliver any order in installments, then each delivery is a separate contract on these terms.

You do not have the right to possess goods until they are delivered to you or collected by you. Where you ask us to deliver goods or software directly to another person, that person takes possession of the goods for you as your agent and you are still directly responsible to us on these terms.

All claims for shortage or delivery damage must be made to the carrier and to us within 5 business days of the date of delivery, or in the case of non-delivery within 2 business days of the due date for delivery.

We will make every effort to deliver goods, or perform services , in a timely manner but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance.

For overseas parcels the receiver will be responsible for any charges/duty incurred at their border. For more info on this, check out our shipping info page.

Quotations, Orders and Prices

Unless otherwise agreed in writing before you place an order, prices for goods or services are those stated in our price list or otherwise in force at the date when you place the order. Prices are subject to alteration without notice.

You must pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.

Orders may be cancelled only if we agree in writing to the cancellation and the order has not been processed by us. We may charge you a cancellation or restocking fee.

Returns

You acknowledge and agree that returns shall only be accepted by us in accordance with our returns policy as notified to you from time to time on our website or otherwise in writing, and that you may receive a credit for goods returned only if we have consented in writing.

However, nothing in these Terms of Trade or in the returns policy will limit or affect any rights that a non-business consumer may have under the Consumer Guarantees Act 1993.

Warranties

Where the New Zealand Consumer Guarantees Act 1993 applies to the supply of goods or services under these terms of trade, you may have additional rights under that Act.

We warrant and represent that:

We will provide a five (5) year warranty for defective wetsuits Wettie branded only; and

We will provide a one (1) year warranty for any other defective products carrying the “Wettie” brand.

Where goods are subject to manufacturers’ warranties we will pass on the benefit of those warranties to you, without being directly liable to you under any warranty.

You are responsible for the cost of returning goods to us under any warranty claim, and you may be responsible for additional costs including (but not limited to) freight. Where you require us to do anything related to a warranty claim, you must pay our service and call-out charges. We may refuse to assist with warranties if any sum that you owe us for any reason is overdue.

Any warranty may be voided by unreasonable use, damage or misuse of the goods, damage after the goods left our possession, inadequate packaging, cleaning or maintenance, unauthorised repairs, modifications, and shall not extend to or cover fair wear and tear.

Our liability under any statutory right, or any condition or warranty imposed under the common law or otherwise, including any implied by the Sale of Goods Act 1908, the Fair Trading Act 1986, the Consumer Guarantees Act 1993 or similar Act is, to the maximum extent permitted by law, excluded.

Where the goods or services that you acquire from us are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply and are excluded from these terms of trade.

Limitation of liability

We will not be liable for any losses of any kind or any delay in supplying goods or services which are caused in whole or in part by circumstances beyond our reasonable control.

Subject to clause 5.1, our liability shall be limited to the value of any defective goods, software or services supplied, and none of us, our employees, contractors or agents, any manufacturer(s) or developer of the goods, or any of their materials or components or any suppliers of services, will be liable to you for loss or damage of any kind however that loss or damage is caused or arises. This limitation of liability includes, but is not limited to, costs (including costs of returning goods to us or to any manufacturer), loss of data, indirect or consequential loss, loss of contracts, loss of profits, damage caused by or arising from delays in manufacture or delivery, faulty or delayed installation, unreasonable use, negligence (including a failure to do something which should have been done or to prevent something from happening), faulty specifications and design, or faulty materials or components of the goods.

Intellectual property rights

You do not acquire any right, title or interest in any copyright, trade marks, or other intellectual property rights relating to any of the goods supplied to you.

Personal Information

We will use any personal information that you supply for credit, administration, service and marketing purposes. You have the right of access to, and to ask for correction of, your personal information.

You authorise any person or company to provide us with any information we may require in response to your application for credit and/or other enquiries, and you authorise us to search the Personal Property Securities Register for any information about you (or, in the case of a company) your parent or associated companies.

Indemnity

You hereby indemnify and keeps indemnified us harmless from and against any and all claims, investigations, inquiries, threats, suits, damages, liability, Costs and expenses (“Proceedings”) incurred, suffered or expended by or threatened against us with respect to or arising either directly or indirectly out of inappropriate use of any goods supplied by us to you.

General Conditions

We may change these terms of trade from time to time by notice to you in writing, which may be by email.

If we fail to enforce any terms or to exercise any right under these terms of trade at any time, we have not waived that right.

You may not assign or subcontract any of your rights or obligations under these terms of trade.

If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect and the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.

Any agreement between us is governed by the laws of New Zealand. Any dispute is subject to the non-exclusive jurisdiction of the New Zealand courts.

Disclaimer

Spearfishing, freediving and diving in general are dangerous sports, do not embark on any without proper tuition first.

Never load or fire a speargun out of the water and never point a speargun at anything but a fish.

Make sure you know all fisheries regulations for your area and never take more than enough for a feed, leave some for tomorrow.