eCoach Training Solutions Ltd
Terms, Conditions and Privacy Details

1 - DEFINITIONS

1.1 “Seller” means eCoach Training Solutions Ltd, and any company which is directly or indirectly a subsidiary of eCoach Training Solutions Ltd, and any duly authorised agent.
1.2 “Buyer” means the person, authorised agent or legal entity described in the application, or stated on the invoice or order form, buying goods and/or services from eCoach Training Solutions Ltd.
1.3 “Goods” has the same meaning as in section 2 of the Sale of Goods Act 1908, and is any goods provided by the seller to the buyer.
1.4 “Services” shall mean all services supplied by the seller to the buyer and includes any recommendations or advice.
1.5 “Price” shall mean the purchase price of the goods and any other costs payable to the seller by the buyer as indicated on the invoice.

2 - ACCEPTANCE

2.1 Any instructions received by the seller from the buyer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.
2.2 No agent or representative of the seller is permitted to make any such agreements, representations, conditions or warranties not expressly confirmed by the seller in writing.

3 - PRIVACY ACT 1993

3.1 The buyer permits the seller to collect, use and retain any information concerning the buyer, for the purpose of assessing the buyers credit worthiness, to enforce any rights under this contract, or the marketing of any goods & services provided by the seller to any other party.
3.2 The buyer permits the seller to disclose information obtained to any person for the purposes set out in clause 3.1.

4 - PAYMENT TERMS

4.1 Once goods are ordered, payment shall be made for goods according to the terms and conditions stated herein whether or not the goods have been delivered and this contract can not be cancelled except where allowed at law.
4.2 Payment for all goods or services purchased through eCoach Training Solutions Ltd’s online store shall be made in full before goods or services are dispatched.
4.3 Any disbursements, expenses or legal costs incurred by the seller due to the buyer’s default in payment shall be paid by the buyer, including any debt collection agency fees or solicitors’ fees.
4.4 Payment will be accepted by cash, cheque, credit card or by any other method as agreed in writing by the seller.

5 - PRICE

5.1 Prices, unless otherwise stated, include New Zealand Goods and Services Tax (GST.) Any other taxes, levies or tariffs, freight or insurance charges, if applicable, will be an extra charge to the buyer.
5.2 Price will be specified on the invoice or quotation and will be the current price at time of delivery.
5.3 The seller accepts that goods and services are priced and billed for in New Zealand dollars. Any price displayed on the seller’s Web site in a currency other than New Zealand is an estimate only and may differ from the actual amount charged to the buyer’s credit card, or otherwise payable.

6 - RISK AND DELIVERY

6.1 The goods remain at the seller’s risk until delivery to the buyer, but when title passes to the buyer, the goods are at the buyer’s risk no matter if delivery has been made or not.
6.2 Delivery of goods shall be deemed complete when the seller gives possession of the goods for delivery to the buyer, or possession of the goods is given to a general carrier for delivery to the buyer.
6.3 The seller shall not be liable to the buyer for damage or loss due to failure by the seller to deliver the goods promptly or at all.

7 - TITLE

7.1 Title in the goods passes to the buyer when the buyer has made payment for all goods supplied by the seller.
7.2 The buyer gives necessary authority to the seller to enter any premises occupied by the buyer, at any reasonable time, to remove any goods not paid for in full by the buyer. The seller shall not be liable for damages, costs or expenses or any other losses suffered by the buyer as a result of this action.

8 - RETURN OF GOODS

8.1 The buyer shall be deemed to have accepted the goods unless the buyer notifies the seller otherwise in writing within 7 days of delivery of the goods to the buyer.
8.2 If the goods are not accepted according to clause 7.1 of this contract, the buyer shall pay for the delivery of the returned goods to the seller.
8.3 The buyer will not accept product returned for credit that is in any way damaged, or not of merchantable quality, or product that has been specially manufactured or procured for the buyer.
8.4 At the seller’s discretion, defective goods will be replaced or refunded by the seller if the buyer has notified the seller within 7 days of delivery.

9 - LIMITATION OF LIABILITY

9.1 The seller shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of the seller’s obligation under this contract or in tort.
9.2 Where the seller is liable to the buyer, the maximum cost of any liability shall not exceed the value of the goods or services provided by the seller to the buyer.

10 - CONSUMER GUARANTEES ACT 1993

10.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the buyer acquires goods or services from the seller for the purposes of a business.
10.2 If the buyer on-sells the goods to a third party, the buyer shall indemnify the seller for any losses incurred due to third party claims against the seller.

11 - JURISDICTION

11.1 The contract shall, in all respects, be deemed to be a contract made in New Zealand, and the validity, construction and performance of the contract shall be governed by New Zealand law.

12 - NON WAIVER

12.1 Failure by the seller to enforce any of the terms & conditions contained in this contract shall not be deemed to be a waiver of any of the rights the seller has in this contract and is not liable for any indirect loss or expense to the buyer.

13 - CANCELLATION

13.1 The seller may cancel these terms and conditions or cancel delivery of goods and services at any time before the goods are delivered by giving written notice. The seller shall not be liable for any loss or damage arising from such cancellation.
13.2 The buyer may cancel delivery of goods at the seller’s sole discretion and will be liable for any costs incurred by the seller.

14 - FORCE MAJEURE

14.1 The seller shall not be liable for failure or delay to perform its obligations if the delay or failure is beyond its control.

15 - INTELLECTUAL PROPERTY

15.1 The seller shall not be liable in respect of any claim which may be made against the seller for infringement of any letters patent, registered design or copyright which may arise as a result of the seller supplying goods to the buyer in accordance with these terms and conditions, and the buyer agrees to indemnify and keep indemnified the seller from and against all or any such claims and against all loss, damage, costs and expenses incurred by or recovered against the seller in respect of any such claim.
15.2 Any drawings, specifications and technical data submitted or made available to the buyer by the seller shall remain the property of the seller and the buyer shall be liable to the seller for any loss, damage, cost or expense incurred by the seller as a result of any unauthorised use or disclosure by the buyer of any such drawings, specifications and technical data.

16 - ASSIGNMENT

16.1 The buyer shall not assign all or any of its rights or obligations under this contract without the written consent of the seller.

17 - WARRANTY

17.1 eCoach Training Solutions Ltd warrants the eCoach Trainer for 2 years from date of purchase.
17.2 For goods not manufactured by the seller, the warranty shall be the current warranty provided by the manufacturer of the goods. The seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturers warranty.
17.3 Any fault in workmanship will lead to the buyer notifying the seller within 7 days.

18 - MISCELLANEOUS

18.1 If anything in this agreement is unenforceable, illegal or void it is severed and the rest of this agreement remains in force.
18.2 The buyer may not claim any counterclaim or set-off against any payments due by it to the seller.
18.3 Under no circumstances shall the liability of the seller exceed the price of the goods in the event of a breach of this contract.
18.4 The seller may license or subcontract all or any part of its rights and obligations without the buyer’s consent.
18.5 The seller reserves the right to review and change these terms and conditions at any time and will notify the buyer of this in writing, at which time the changes will take effect.