The following Terms and Conditions apply to all purchases of goods and services from BASIS Ltd (“WE” OR “US”).
Terms
Terms and Acceptance of Orders
- We will supply goods and services to you on these terms only unless we agree otherwise in writing.
- We may however amend these terms from time to time.
- We are under no obligation to accept all or any of your orders.
- Your orders must be on our standard order forms or purchased via this website.
- We may cancel any of your orders at any time without incurring any liability to you even if we have previously accepted your order.
- We do not supply our goods on an “approval” basis.
Backorders
We do our best to absorb small price increases, However we cannot always hold the original price of back ordered items due to increased costs to us for new stock.
Warranties
We warrant that the goods supplied are free from defects. All other guarantees, warranties and representations in relation to the goods or their supply are excluded except to the extent that we cannot lawfully exclude them. Goods advertised by reference to pictures might not be identical to the pictures when sold.
Consumer Guarantees Act 1993 (the “Act”)
When you purchase goods or services from us for business purposes, then the guarantees and rights expressed or implied in the Consumer Guarantees Act 1993 in your favour do not apply to the goods or services.
Limitation of Liability
We will not be liable for any indirect or consequential loss incurred by you as the result of any act or omission by us. We will not be liable to you:
- For failure to deliver, or failure to deliver by a specified date, or
- For loss caused by anything which is beyond our reasonable control
Our liability to you is otherwise limited to the value of the goods and/or services supplied by us and associated with your claim. We may, at our option and as appropriate, either:
- Replace defective goods, or
- Pay you the price (excluding GST) you paid us for the goods and/or services
We will not however accept responsibility for any defective goods unless:
- You notify us of the defect within 14 days of your receiving the goods, and You allow us to fully investigate your claim
- This clause will not apply to the extent that the law prohibits us from limiting our liability.
Order Cancellation
We will not accept cancellation of an order unless:
- The goods are part of our normally held stock and we receive written notice of cancellation before the goods are loaded for delivery; or
- If the goods do not form part of our normally held stock, we receive written notice of cancellation before we order the goods ourselves from a third party.
Waiver
- If we delay or do not exercise any of our rights or remedies that will not be a waiver of the right or remedy.
- Any waiver or consent we give you must be in writing and will be effective only in the specific instance and for the specific purpose for which it is given.
Severability
If part of this Agreement is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.
Governing Law
These terms will be governed by New Zealand law and you agree to submit to the jurisdiction of the New Zealand Courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Dispute Resolution
If a dispute arises between both of us:
- Both of us must first discuss the dispute and, in good faith, try and settle it between ourselves, and
- If both of us cannot resolve the dispute both of us must then refer it to mediation by a LEADR qualified person before taking any other action.
- This clause will not apply to an application by either of us for urgent interlocutory relief.
Secure Payment
Basis Limited uses the DPS Payment Express Payment Gateway for its online credit card transactions. DPS processes online credit card transactions securely for thousands of merchants globally, providing a safe and secure online payment service.
- Basis Limited utilise the Auth-Completion facility. An "Auth" transaction verifies that funds are available for the requested card and amount and reserves the specified amount. A "Completion" transaction is sent at a later date to cause funds transfer for the previously authorised amount, or a smaller amount if the total original value is no longer required. This facility allows us to ensure your part is in stock before we receive your funds.
- Basis Limited does not have access to your full card number, this credit card payment is secured by DPS
- DPS have bank grade security. All transaction details are stored in their PCI-DSS compliant Data Centre
- DPS Payment Express Software is certified with over 200 banks globally
Visit www.paymentexpress.com for more info on online credit card payments.
The name that will appear on your statement will be Aquarock Holding Ltd trading as BASIS.