Terms & Conditions
Clicksafe NZ Limited trading as “Clicksafe”- (Terms of Sale, Hire and Trade)
1.1 These terms shall apply to and govern the supply by Clicksafe to the customer of all goods whether for purchase, rental or otherwise and any services provided by Clicksafe. These terms shall prevail over any other document unless otherwise agreed in writing by Clicksafe.
1.2. Clicksafe may at any time amend these terms by notice in writing to the customer, which may be by email or by notifying the customer of the updated terms when they access the Clicksafe website. Clicksafe’s current terms and conditions are available for viewing at www.clicksafe.co.nz.
2. Quotes and Acceptance of Orders
2.1 All quotes for sale or hire or services are valid for 30 days. Clicksafe reserves the right to correct any errors or omissions in any quotation, invoice or schedule it provides to the customer.
2.2 All orders for goods or services are subject to their acceptance by Clicksafe and, in the case of goods not held in stock by Clicksafe, confirmation by Clicksafe. Clicksafe reserves the right to change any quoted price before confirmation is received. Clicksafe reserves the right to accept or decline any order in its absolute discretion.
2.3 After acceptance by Clicksafe no order may be cancelled or amended without the prior approval of Clicksafe and then only on the terms specified by Clicksafe.
3. Rental of Hired Goods
3.1 Clicksafe may agree to hire out hired goods and the customer shall hire the hired goods and be entitled to use the hired goods on these terms and in accordance with the rental agreement entered into between Clicksafe and the customer (the “rental agreement”).
3.2. Once Clicksafe has agreed to hire goods to the Customer, the Customer must pay the non-refundable deposit amount set out in the rental agreement to secure the booking (“deposit”). The deposit is non-refundable. Clicksafe is under no obligation to return the deposit if a customer decides to cancel a booking. Once the hired goods are collected or delivered, the deposit forms part of the bond payable under clause 3.4(d) for the hired goods.
3.3. The hire period (the “hire period”) starts on the day the hired goods are collected or received by the Customer and ends on the day the hired goods are received in full back at Clicksafe’s premises (or such other location as directed by Clicksafe).
3.4 At the beginning of the hire period:
(a) The customer will receive the hired goods by either collecting them from Clicksafe’s premises or by delivery if so arranged with Clicksafe .
(b) Those hired goods that require installation will be installed by Clicksafe in the customer’s vehicle. If installation is not required, Clicksafe will provide the customer with the carseat manual which includes installation instructions.
(c) Clicksafe will provide the customer with a schedule itemising the hired goods provided to the customer.
(d) The customer will be required to pay a bond on the hired goods (“bond”), the amount of which will be determined based on the number of car seats being hired. Clicksafe will notify the customer of the bond amount when the booking is made for the goods and the bond must be paid when the hired goods are installed or when delivered to the customer. The deposit paid under clause 3.2 will be retained by Clicksafe and form part of the bond.
(e) The customer will be required to provide proof of identification in the form of a drivers licence or passport.
3.5 At the end of the hire period:
(a) The customer will deliver the hired goods back to Clicksafe’s nominated delivery location, or arrange for Clicksafe to collect the hired goods, at the customer’s cost. The customer shall return the hired goods in a clean condition and in good working order and repair (fair wear and tear excepted).
(b) When Clicksafe receives the returned hired goods, it will check the goods against the schedule provided at the beginning of the hire period. Any hired goods returned to Clicksafe which are:
(i) not in a clean condition, then Clicksafe will arrange cleaning and the cost of such cleaning shall be payable by the customer;
(ii) not in good working order and repair (fair wear and tear excepted), then Clicksafe may elect (in its sole discretion) to repair, recondition or renew such goods and the repair, reconditioning or renewal costs shall be payable by the customer; and
(iii) in Clicksafe’s opinion (in its sole discretion), in an unrepairable condition or not returned when checked against the schedule(s), then the customer shall pay Clicksafe for such goods at the then-current retail value advised by Clicksafe.
(c) If the hired goods are returned in an acceptable condition, Clicksafe will refund the bond paid by the customer as detailed on the rental agreement.
3.6 Payments for the above shall be due immediately upon written notice from Clicksafe to the customer and clause 6 (Payment) of these terms shall apply.
3.7 The customer acknowledges it is receiving the hired goods in good working order and clean condition and that the hired goods are fit for the purpose for which the customer requires the hired goods. The customer shall Clean the hired goods only in accordance with the cleaning instructions set out in the carseat manual provided by Clicksafe.
3.8 After Clicksafe’s initial installation of the hired goods, the customer shall be responsible in all respects for ensuring that the hired goods are at all times installed and used properly (whether by the customer or any third party) in accordance with the manual provided by Clicksafe. The customer undertakes that it will advise Clicksafe immediately of any loss or damage to hired goods or if the carseat is involved in any car accident of any degree and will immediately cease use of any damaged hired goods.
3.9 The hired goods shall be at the sole risk of the customer throughout the hire period and until such time as the hired goods are returned to Clicksafe’s premises (or such other location as directed by Clicksafe). The customer must not lend, transfer or otherwise part with possession of the hired goods during the term. The customer shall keep the hired goods insured and keep Clicksafe indemnified for any loss or damage to the hired goods during the hire period.
3.10 The customer must notify Clicksafe of any changes to their address or contact details during the term.
3.11 Clicksafe may terminate the hire period for any hired goods by giving 10 working days’ notice to the customer, and in the event of such termination the provisions of clause 10 (Default and Termination) shall apply.
4. Price of Goods and Services
4.1 Subject to clause 4.2, the price of the sale goods (the “price”) shall be the price notified to the customer by Clicksafe when the customer's order is accepted plus any applicable government duties, levies or taxes.
4.2. Hire charges on hired goods for the hire period will be on a weekly basis (based on a week of 7 days), monthly or other periodic rate as specified in the Clicksafe invoice for hired goods that are supplied (the “hire charges”) plus any applicable government duties, levies or taxes.
4.3. Charges for services shall be the price notified to the customer by Clicksafe at the date the customer's request for services is accepted by Clicksafe plus any applicable government duties, levies or taxes.
5. Title and Risk
5.1. Title and risk in all sale goods shall pass to the customer when the sale goods are paid for in full in cleared funds.
5.2. Notwithstanding the above, the customer acknowledges that it has no right, title or interest in any hired goods and that the hired goods will at all times remain the property of Clicksafe. The customer agrees that it will not create any charge, lien or any other encumbrance whatsoever over any of the hired goods or sell or otherwise dispose of the hired goods without the prior written consent of Clicksafe. All risk of the hired goods shall be in accordance with clause 3.7 of these terms.
6.1. Payment for sale goods and for services from the customer to Clicksafe are due in cleared funds on the date of invoice unless credit terms are extended to the customer. All items remain the property of Clicksafe until full payment has been received and cleared.
6.2. Payment of the hire charges for hire goods shall be paid at the time the hired goods are installed and before the customer takes possession of the hired goods.
6.3. Time is of the essence in respect of the payment obligations of the customer. If payment is overdue that shall constitute a breach of these terms and the customer will upon demand in writing pay to Clicksafe interest at the rate of 2.5% per month (or part month) on any amounts due and unpaid from the date that payment was due until payment in full in cleared funds is received by Clicksafe.
6.4. If payment is overdue Clicksafe may, in addition to its other remedies, terminate any hire agreements then in place, or withhold supply of any such goods or the provision of services until the customer has paid or discharged all sums owing to Clicksafe.
7. Default and Termination
7.1. Clicksafe shall be entitled to suspend or cancel all or any part of the contract or rental agreement recorded in these terms and/or any other contract or contracts with the customer, in addition to its other remedies, by notice in writing to the customer upon the happening of any of the following events of default:
(a) if any amounts payable by the customer to Clicksafe are overdue; or
(b) if the customer fails to meet any obligation under these terms or any other contract with Clicksafe; or
(c) if the customer becomes bankrupt.
7.2. Upon cancellation of the contract recorded in these terms:
(a) Clicksafe will be entitled to retain that portion of the bond required to cover any amounts owed by the customer under the rental agreement;
(b) all sums owing by the customer to Clicksafe that are not covered by the bond shall become immediately due and payable; and
(c) where the customer has hired goods in its possession:
(i) the customer shall immediately cease using the hired goods; and
(ii) the customer will immediately arrange for the hired goods to be returned to the customer’s premises and will take all steps that may be reasonably required by Clicksafe to return the hired goods to Clicksafe’s premises (or such other location as directed by Clicksafe).
7.3. If the customer defaults under this these terms, Clicksafe will be entitled to the recover from the customer all costs incurred by Clicksafe in enforcing its rights under these terms.
8. Consumer Guarantees
8.1. Clicksafe will comply with its statutory obligations under the Consumer Guarantees Act 1993 with respect to defect goods.
9. Extent of liability:
9.1. To the maximum extent permitted by law, warranties implied by customary practice, statute or at law are excluded. Clicksafe’s liability for any defective or damaged goods or for any cost, loss, damage or claim arising directly or indirectly in relation to any services provided or goods supplied by us, whether arising from contract, tort (including negligence) or otherwise, shall be limited to (at Clicksafe’s option):
(a) replacing the affected goods or (where possible) re-supplying the services;
(b) providing the customer with a refund of the price paid for the affected services/goods
9.2 Clicksafe is not responsible for any defect, loss or damage that results partly or wholly from: (a) the act or omission (including negligence) of any third party; or (b) a cause beyond Clicksafe’s reasonable control. We are not responsible in any circumstances for any indirect, consequential or special loss, loss of profits or economic loss.
10.1. In these terms
(a). the following terms shall have the following meanings:
“customer” means any person or entity who purchases sale goods and/or hires hire goods from Clicksafe.
“goods” means the hired goods and the sale goods.
“GST” means goods and services tax under the Goods and Services Tax Act 1985.
“hired goods” means Clicksafe’s carseats and accessories hired by the customer from Clicksafe pursuant to these terms or other agreement between the customer and Clicksafe.
“sale goods” means any goods for sale by Clicksafe.
“services” means installation services provided by Clicksafe to the customer from time to time.
“working day” means a day on which banks are open for business in Tauranga, New Zealand, not being a Saturday, Sunday or public holiday.
10.2 New Zealand law governs these terms and New Zealand Courts have non-exclusive jurisdiction.
10.3 If any provision of these terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.4 These terms together with the payment, goods and services details contained in any invoice(s), sale or hire contract or order form or schedule constitute the entire agreement between the parties relating to the goods and services.