Terms and Conditions

1 General

These Terms and Conditions (Terms) are issued by Challenger Safes Pacific Limited (Challenger Safes) and are effective on/after 01 June 2019.  They cover the use of this website (www.challengersafes.co.nz  or www.safes.co.nz ), as well as any other Challenger Safes online sites accessible from this website.

This website is owned and operated by Challenger Safes.  Access and use of this website is provided by Challenger Safes to you on condition that you accept these Terms and by accessing or using this website, you agree to these Terms. If you do not agree to accept and abide by these Terms you should not access or use this website.

Challenger Safes may revise and update these Terms at any time and without notice. You are advised to review the Terms posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.

Use includes visits to our sites, purchases on our sites, participation in our database and promotions. These Terms of use apply to you when you use our websites. Please read these terms carefully – if you need to refer to them again they can be accessed from the link at the bottom of any page of our website.

 

2 Contact Us

Please contact us via the following options –

Phone: 0800-922 222 Monday – Friday (8:30am – 5:00pm)

Click here to contact Challenger Safes using our online form

Email:    info@challengersafes.co.nz

 

3 Privacy Policy

Please refer to our Privacy Policy tab on this web site.

 

4 Supply and Delivery of Orders

4.1 All orders placed by Customers are subject to stock availability.

4.2 Challenger Safes reserves the right to refuse an order for any reason in its sole discretion.

4.3 We may not always be able to supply your order due to stock shortages. In the event your product is unavailable, we will contact you to discuss supply lead times with the aim of delivering the ordered product to you when it becomes available. In these circumstances there can be a shipping delay and you will be advised if this may occur.

4.4 If your order cannot be filled in a timely manner, we will seek to offer alternative product/s. If you decide that you do not want to wait for delivery of the ordered product or purchase alternative products, we will refund the purchase price to your credit card.

4.7 All Goods are charged at the New Zealand Dollar (NZD) price ruling at the date of invoice and any Goods and Services Tax within the meaning of the Goods and Services Tax Act 1985 (as amended) (“GST”) or other government imposts shall be payable by The Customer and is included. All prices are ex Auckland plus freight and installation (if any). All prices and specifications may be altered without notice.

4.6 Delivery and installation charges may vary depending on your delivery address and the nature of the purchase. These charges are estimates and are displayed on the shipping and check out pages of this website and are for single item purchases only. Additional items may incur further fees per item. Actual costs may vary depending on the physical requirements of achieving the delivery/installation of your Safe/Cabinet in a safe and efficient manner.                                                              

4.7 We will be in contact with you before the delivery/installation of your Safe/Cabinet to discuss aspects of the delivery/Installation process and to make associated arrangements.

4.8 If there is doubt on the practicality of the Safe/Cabinet delivery and installation, a site inspection may be required. The cost of a site inspection is additional to delivery/installation charges and will be advised for your approval prior to the inspection being undertaken.

4.9 It is the Customer’s responsibility to ensure the floor and wall loading limitations where the Safe/Cabinet is to be installed are not exceeded by the weight of the Safe/Cabinet purchased. Should there be any doubt as to the floor or wall loading limitations, Customers will need to engage a structural engineer/consultant at their cost to validate any such limitations.

4.10 If information you provide is not complete or incorrect in respect of the delivery/installation arrangements, there may be additional installation costs where logistical difficulties are experienced. Should the delivery/installation not be possible this may result in the cancellation of delivery/installation and possibly the Safe/Cabinet Order.       

4.11 Where and installation/delivery of product/s cannot be undertaken successfully (as determined at our sole discretion based on feedback from our delivery/installation teams) and alternative arrangements are not possible, the cost of the goods will be refunded and the delivery/installation and any product return costs shall be charged to you as an Order Cancellation Fee.

4.12 All orders will be delivered using either New Zealand Couriers or Daily Freight within New Zealand and Mainfreight or DHL for international deliveries. Goods are delivered and installed during normal business hours. Customers requiring delivery and installation outside normal business hours must request such services at the time of placing orders – additional costs apply and will be confirmed prior to order acceptance.

4.13 Standard delivery times are up to 5 business days for orders within New Zealand. Delivery times and costings for delivery and installation for International orders vary depending on destination and freight modes utilised to meet Customer delivery requirements. The delivery times and costs will be confirmed on acceptance of the order. Challenger Safes will make every effort to deliver your purchase in a timely manner, however we will not be held responsible for any shipping delays which are out of our control.

4 14 Any times quoted for delivery and/or supply are estimates only and Challenger Safes shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery/supply or dispatch. Challenger Safes reserves the right to stop supply at any time if the Customer fails to comply with the Terms. Payment is required prior to dispatch of goods.

4.15 By receiving delivery and/or supply of any or all of the materials and/or parts and/or labour and/or services (“Goods”), The Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.

4.16 Challenger Safes does not accept any liability for products lost or damaged in transit.

 

5 Paying for Your Purchase

5.1 Challenger Safes accepts Visa and MasterCard only. Your credit card will be charged when you proceed through the checkout process.

5.2 Prices listed and referred to on our website are in New Zealand dollars and are inclusive of GST.

5.3 Prices are subject to change without notice.

 

6 Property

Property of the Goods does not pass until full payment has been made for all Goods and any other sums in any way outstanding from the Customer to Challenger Safes from time to time.

 

7 Cancellations, Returns, Claims and Complaints

7.1 Once an order is confirmed as accepted by Challenger Safes it may not be cancelled.

7.2 The Customer shall not return any Goods to Challenger Safes without obtaining prior authorisation from Challenger Safes. Unauthorised returns will not be accepted. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods. A list of the Goods returned including product descriptions, serial number/s, quantity, date of return and the Customer’s name and address must also be enclosed.

7.3 All Goods must be returned in the original packaging at the Customer’s expense. The Customer shall be responsible for all damage incurred during return shipment/handling.

7.4 A credit note, net of any costs, deductions for loss in commercial value and a restocking fee of 10% of the invoiced value of the Goods, will be issued by Challenger Safes only after Goods returned are either collected by a Challenger Safes authorised representative or returned to it by the Customer as set out above. No returns will be accepted after 30 days from order date.

7.5 Refunds will only be processed back to the credit card used to make the original purchase.

7.6 Complaints, claims or notification of lost Goods, incomplete Goods, Goods damaged in transit or Goods that do not comply with the Customer’s purchase order must be submitted by the Customer to Challenger Safes in writing within ten (10) business days of the date of the invoice rendered for the supply of the goods. Otherwise, The Customer shall be deemed to have accepted the Goods and shall have no claim relating to the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order.

 

8 Product Warranties

Manufacturer warranties for product faults are provided with all new items purchased from Challenger Safes.  Product warranties are limited and include parts and labour costs for a specified period from date of invoice.  Warranty periods vary based on the type of equipment being supplied and Manufacturer’s warranty provisions which are displayed for each new product listed for sale on this website.

Customers should contact Challenger Safes at the address above if you believe the Goods supplied to be faulty. We will do all possible to investigate and resolve that matter in a timely and cost effective manner.

To process a warranty claim the Customer must notify Challenger Safes in writing providing a description of the Goods including serial number, proof of purchase and details of the fault.

Challenger Safes does not guarantee that any claim for faulty products will be accepted. Depending on the circumstances the Goods will be assessed by Challenger Safes (or our Representatives) and in consultation with our Suppliers we will determine in our sole discretion if a warranty claim is valid. Remedies for a warranty claim may include the repair, replacement or refund of the Goods.  Any refunds shall be processed net of any associated return costs incurred by Challenger Safes.

 

9 Intellectual Property

All materials, their presentations and organisation on this website are the property of Challenger Safes and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. Any other use of these Materials without Challenger Safes’s written permission is prohibited. This website information and materials may only be used for your own, non-commercial or personal purposes. You may not create derivative works from or otherwise exploit these materials in any way.

 

10 Software/Virus

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website. Challenger Safes shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Challenger Safes recommends that you install appropriate anti-virus or other protective software.

 

11 Website Accuracy

The Challenger Safes website and the materials are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Challenger Safes does not represent or warrant that this website or the materials will meet your requirements or that their use will be uninterrupted or error free.

 

12 Limitation of Liability

You assume all responsibility and risk for use of this website and the materials including without limitation any of the information contained therein.

In no event shall Challenger Safes or any of its Directors, Officers, Employees, Shareholders, Partners, Suppliers or Agents be liable for any incidental, indirect, punitive, exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these Terms, including without limitation your use of, reliance upon, access to, or exploitation of this website, the materials or any part thereof, or any rights granted to you hereunder, even if we have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

In any event, the total maximum aggregate liability under these Terms or the use or exploitation of any or all part of this website or the materials in any manner whatsoever shall be directly related to the dollar amount of the materials you are exploiting.

Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

13 Indemnification

You agree to indemnify and hold Challenger Safes harmless against all claims or liability asserted against Challenger Safes arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms.

 

14 Legal References

This website follows the Model Code for Consumer Protection in Electronic Commerce and the Consumer Guarantees Act 1993. These are both available at www.consumeraffairs.govt.nz . Challenger Safes also acknowledge our obligations as set out by the Fair Trading Act 1986, which can be accessed at www.comcom.govt.nz .

Where the provisions of the Consumer Guarantees Act 1993 (Act) apply, these Terms will be read subject to the application of that Act, and in the case of any conflict, the provisions of that Act will apply.  The Act does not apply to business customers purchasing products for the purposes of a business (where ‘business’ is as defined by the Act). Business customers agree that where products are purchased for the purpose of a business that the Act does not apply.

 

15 Entire Agreement

These Terms contain all of the terms, representations and warranties made between us covering the subject matter of these Terms.

 

16 Waiver

No waiver by us of any breach of these Terms will be considered as a waiver of any subsequent breach of the same or any other provision, and no waiver will be binding on us unless it is given in writing.

 

17 Severability

Any provision of these Terms that is illegal, void or unenforceable will not form part of these Terms to the extent of that illegality, voidness or unenforceability. The remaining provisions of these Terms will not be invalidated by an illegal, void or unenforceable provision.

 

18 Interpretation

If any provision of these Terms is ambiguous or open to interpretation, we will in our absolute discretion, determine the interpretation of the relevant provision.

 

19 Assignment

We may assign the benefit of these Terms to any party without obtaining your consent.

 

20 Governing Law

These Terms will be construed and take effect as a contract made in New Zealand and will be governed by New Zealand law. Challenger Safes and Customers each submit to the non-exclusive jurisdiction of the New Zealand courts.