The following general terms and conditions ("Terms") are applicable to the supply of radar detectors, Bluetooth intercoms, car cleaning products, restoration parts, GPS navigation, Perspex and plastic cleaning products and associated products ("the Products") and the provision of associated installation services ("the Services") by Ingear Limited ("Ingear").
References to “us”, “we” and/or “our” in these Terms shall mean Ingear and references to “you” and “your” shall mean the customer purchasing the Products and or Services from Ingear (“the Customer”).
Pricing
Whilst all effort is made to keep pricing on Ingear’s website up to date it is possible at times it may be out of date. As such prices on Ingear’s website should only be considered as an "invitation to treat" rather than as an offer to provide the Products or the Services at the displayed prices. Your order and payment for the Products and the Services will be deemed to be an offer and acceptance only occur when Ingear accepts the order.
Ingear’s website may automatically send you an order confirmation email. Such email merely acknowledges that Ingear has received your order but does not commit Ingear to supply the Products or Seervices at the prices contained in the offer. Acceptance of your offer will be communicated separately.
Ingear may produce a formal quotation for the Customer for the Products and Services. The quotation shall be valid for a period of 30 days from the date of the quotation (unless otherwise specified). The Customer may accept the quotation by notice to Ingear. The acceptance of the quotation in the manner specified in this clause shall constitute a binding contract and acceptance of these Terms. The Customer must pay any deposit specified in accordance with the quotation before Ingear is bound by such quotation.
Ingear shall be entitled to rely on the accuracy of any plans, specifications, measurements and other information provided by the Customer or its agent. If there are any discrepancies between this information and any subsequent measurements, the customer will be notified and the price may be adjusted accordingly.
Variations
Except as provided below, no variation or alteration to the Products and Services shall be binding on the parties unless recorded in writing and signed by the parties.
Notwithstanding anything contained in these Terms, should Ingear be notified by a supplier, at any time after the quotation has been accepted, that there has been an increase in the cost of the Products, then Ingear shall be entitled upon written notice to the customer to increase the price accordingly.
Cancellation
If the Customer wishes to cancel an order at any time after acceptance of the quotation Ingear shall return the deposit less all actual and reasonable costs and expenses incurred by Ingear provided that the Customer may not be entitled to cancel and may not be entitled to any refund of the deposit once Ingear has placed binding orders for Products or once the provision of the Services has commenced.
If Ingear accepts the return for exchange or refund of any Products, such Products must be in their original condition including all packaging and a 15 % restocking fee may apply
Payment
Invoices for Products and Services shall be issued in accordance with the terms set out in any quotation or following receipt of an order for Products and Services. Payment for the Products and Services shall be due at the time the Customer orders the Products and Services. In any circumstances where Ingear has agreed to provide Products and Services before payment has been made, payment will be due 14 days following the date of the invoice, or such other date as may be agreed in writing between the Customer and Ingear (including any date or period specified in the Ingear account application form) (“Due Date”).
Ingear reserves the right to charge interest on any amount owing after the Due Date at the rate of 10% per month or part month from the Due Date until the date when payment is actually made. All expenses, disbursements and costs incurred by Ingear in the enforcement of any rights contained in these Terms shall be paid by the Customer, including any legal costs as between solicitor and client or debt collection agency fees.
The Customer may not deduct or withhold any amount (whether by way of set-off, counterclaim or otherwise) from any money owing to Ingear.
Completion of Services and Risk
The Customer acknowledges that any estimates as to the time frames for supply of Products or the commencement and completion of the Services are approximate only. The Products remain at Ingear's risk until delivery to the customer or the person or entity responsible for installing the Products (“Installer”) (as applicable).
Unavailability
From time to time information that would normally be available through Ingear’s website (including suppliers’ catalogues) may not be able to be accessed online because of technical or other problems. Ingear expressly excludes liability to any Customer in respect of the unavailability of content regardless of whether or not such unavailability is caused by Ingear.
Repair of Defects
Ingear shall, at its sole cost, rectify any defects in Ingear’s workmanship which are notified to Ingear within seven days of installation of the Products and completion of the Services within a reasonable time of receiving notification of those defects. Ingear shall not be liable under this clause to remedy:
defects covered by a manufacturer’s guarantee that is available to and may be enforced by the Customer;
defects arising from the plans and specifications provided by the Customer;
defects in or damage caused by work undertaken after delivery of the Products to the Customer or Installer (including any damage resulting from the installation of the Products).
Warranty, Liability and Indemnity
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Ingear which cannot by law be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Ingear, Ingear’s liability shall, where it is allowed, be excluded or if it is not able to be excluded only apply to the minimum extent required by the relevant statute.
Except where statute expressly requires otherwise, Ingear is not liable in any event for any loss of profits, loss of revenue, loss of goodwill or business opportunities, loss of customers or any consequential, indirect or special damage, loss or injury of any kind suffered by the Customer or any other person arising directly or indirectly out of the provision of the Products and/or the Services. Insofar as Ingear may be liable notwithstanding these Terms, to the extent permitted by law the total liability of Ingear whether in tort (including negligence), contract or otherwise for any loss, damage or injury arising directly or indirectly out of the provision of the Products and/or the Services or any other breach of Ingear's obligations is limited to the lesser of the price of Products or Services complained of or the actual loss or damage suffered by the Customer.
The Customer fully indemnifies Ingear against all claims, liabilities, costs, damages, fees and expenses (including reasonable legal costs) suffered or incurred at any time by Ingear arising as a direct or indirect result of any act, omission or default on the Customer’s part or from any breach or alleged breach of these Terms by the Customer or relating to an action or claim brought by a third party against Ingear which relates directly or indirectly to the Customer’s use of the Products or Services. This indemnity shall not apply to any liability to pay a fine or infringement fee imposed under the Health and Safety at Work Act 2015.
In gear makes no representation or warranty as to the suitability of any radar or laser detection devices or any claims made by the manufacturers of such products and the Customer buys these products based on its own investigations. The Customer acknowledges that Ingear has no liability to the Customer in relation to any speeding fines or other liability the Customer may incur whilst using the Products or any laws in New Zealand which make the use of such products illegal or restricted and the Customer waives any claims that the Customer might otherwise have against Ingear in relation to the use of such products.
To the extent permitted by law, the Customer waives any rights the Customer may have against Ingear in relation to any Products if the Customer fails to familiarise themselves with and use the Products in accordance with the manufacturers’ guides and instructions for use of such Products.
Ownership
Ownership of any Products supplied by Ingear shall not pass to the Customer until all amounts owing by the Customer to Ingear in respect of the Products have been paid.
The Customer hereby confirms that it accepts that this agreement is a security agreement which provides for a security interest in favour of Ingear in all Products supplied by Ingear to the Customer to secure the payment. The Customer agrees to grant a purchase money security interest to Ingear as that term is defined in the Personal Property Securities Act 1999 (“PPSA”).
The Customer undertakes to sign any further documents and/or provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which Ingear may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register.
The Customer:
waives its rights to receive a copy of any verification statement or financing change statement;
if the Products are for the Customer’s business use, the customer agrees, to the extent Part 9 of the PPSA applies, that it will have no rights under Part 9 of the PPSA.
The Customer authorises Ingear or its agent to enter the premises where any unpaid Products are situated for the purpose of recovery of the Products. Ingear will not be responsible for any damage reasonably caused by entry to recover any unpaid Products.
The Customer will be responsible to Ingear for any costs or damages incurred in reclaiming and disposing of the unpaid Products. Such costs include but are not limited to loss in value, cost or repossession, damaged premises and recovery, storage, resale and legal costs, on a solicitor and client basis. These costs shall be recoverable as a debt due to Ingear by the customer.
Collection and Use of Information
The Customer authorises Ingear to collect, retain and use any information about the Customer for the purpose of assessing the Customer’s creditworthiness and enforcing any rights under these Terms. The Customer authorises Ingear to disclose any information provided to any person for the purposes set out in this clause. Where the Customer is a natural person, the authorities under this clause are authorities or consents for the purposes of the Privacy Act 1993.
Miscellaneous
Ingear shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
Failure by Ingear to enforce any of the terms and conditions contained in the Terms shall not be deemed to be a waiver of any of the rights or obligations Ingear has under the Terms.
If any provision of the Terms shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or implied.
The Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties shall submit to the exclusive jurisdiction of the New Zealand Courts.
Personal Guarantee of Company Directors or Trustees
In consideration for Ingear agreeing to provide the Products and Services at the request of the Customer, where the Customer is a company or trust, the directors or trustees signing the quotation also sign in their personal capacity and jointly and severally personally undertake as principal debtors to Ingear the payment of any and all moneys owed by the Customer to Ingear and indemnify Ingear against non-payment by the Customer.
Copyright
Material on Ingear’s website is all the copyright of Ingear or its service provider and the copying or use of this information is not permitted without prior written consent from Ingear.
Shipping and Returns Policy
Ingear’s Shipping and Returns policy shall apply in relation to any Products delivered to the Customer. Ingear’s Shipping and Returns Policy may be viewed via the following link https://www.ingear.co.nz/site/pages/shipping
SSL Compliance
This website is SSL compliant, meaning all website traffic including Credit Card transaction are secured by:
