CHAPTER2 hereby disclaims and sets forth as follows:
1.1 “Seller means Performance Sports Limited, its successors and assigns or any person acting on behalf of and with the authority of Performance Sports Limited.
1.2 "Buyer" means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Buyer is a reference to each Buyer jointly and severally.
1.3 "Goods" means all Goods or Services supplied by the Seller to the Buyer at the Buyer’s request from time to time (where the context so permits the terms ‘Goods' or ‘Services' shall be interchangeable for the other).
1.4 "Price" means the Price payable for the Goods as agreed between the Seller and the Buyer in accordance with clause 4.
1.5 “Contract” means the contract between the Seller and the Buyer for the purchase of the Goods.
2.1 Although the information and recommendations at this CHAPTER2 site are presented in good faith to be correct, CHAPTER2 makes no representations or warranties as to the complete accuracy of the information. Any information is supplied upon the condition that the person receiving it will make their own determination as to its accuracy and its suitability for their purposes prior to its use.
3.1 The Buyer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Buyer places an order for or accepts Delivery.
3.2 The Seller shall only supply the Goods to the Buyer on the basis that these terms and conditions shall be the conditions of the Contract, together with any terms and conditions contained in any quotation by the Seller or in the Seller’s confirmation of order, as the case may be, to the exclusion of all other terms.
The Seller’s confirmation of order or quotation and these terms and conditions shall prevail over any terms and conditions of the Buyer.
3.3 The Buyer agrees that the Seller may amend these terms and conditions at any time. If the Seller makes a change, then that change will take effect from the date on which the Seller notifies the Buyer of such change. The Buyer will be taken to have accepted such changes if the Buyer makes a further request for the Seller to provide Goods to the Buyer.
4.1 The agreed price is based upon the rates and conditions ruling at the date of quotation. The Seller reserves the right to vary the agreed or quoted price in accordance with any variation in exchange rates, costs, labour, materials, transport freight and insurance, duties, indirect taxes and other surcharges or other expenses incurred or arising due to circumstances beyond the control of the Seller between the date of quotation and the date of delivery.
4.2 When you purchase online all prices shown on the website are shown inclusive of shipping, taxes and/or duties, unless it is shown otherwise at time of check out, where estimated tax amount is shown, which is payable by the buyer.
4.3 All bank charges are to the Buyer’s account.
5.1 Unless the Seller has agreed to extend credit to the Buyer, payment is to be made in advance at the time the order is placed by the Buyer. The Seller may retain the Goods or part of the Goods under a lien until the amount owing is paid in full.
5.2 Where the Seller has agreed to extend credit to the Buyer, payment is to be made in full without set off or deduction by the due date recorded on the invoice.
5.3 If the Seller does not receive payment in full, without set off or deduction, on or before the due date:
a. The Buyer must pay interest on the unpaid amount from the due date for payment until the actual date of payment at the Seller’s banker’s unsecured commercial overdraft rate plus 5% per annum charged on a daily basis, and a late payment administration fee of NZ$100 + GST; and
b. The Buyer will indemnify the Seller in respect of all costs, fees, damages and expenses incurred by the Seller as a result of the non payment, including but not limited to the costs of collecting the overdue amounts (including legal costs on a solicitor/client basis); and
c. The Seller may without limiting any other right or remedy, suspend or cancel further delivery of goods to the Buyer.
6.1 Delivery of the Goods is taken to occur at the time that the Seller (or the Seller's nominated carrier) delivers the Goods to the Buyer's nominated address even if the Buyer is not present at the address.
6.2 Any delivery time shall be approximate only and shall not be deemed to be of the essence of the Contract.
6.3 The Seller reserves the right to deliver by instalments and each instalment is deemed a separate Contract subject to the same terms and conditions herein.
6.4 Failure to make any delivery and/or defective delivery does not prejudice the right of the Seller to make subsequent deliveries, nor does it entitle the Buyer to refuse to accept the same or to terminate the Contract either as a whole or in part or to any right or claim for damages whether for delay, non-delivery or otherwise.
6.5 Any claims made by the Buyer in relation to errors, transit damage or short-delivery must be made in writing within three working days of delivery of those Goods. The Seller accepts no liability whatsoever for any claims made after this period.
7.1 If the Buyer cancels any order or refuses to accept all or any of the Goods in an order other than in circumstances permitted in these Terms of Sale, the Buyer will be liable for any resulting damage or loss suffered by the Seller. If the Goods have been or are in the process of being manufactured or produced specifically for the Buyer, the Buyer will pay to the Seller as liquidated damages the full Contract price of the Goods and any costs incurred by the Seller (including without limitation any GST/Taxes) less the current scrap value of the Goods as reasonably determined by the Seller.
8.1 The services, information and materials on this website are provided by CHAPTER2. CHAPTER2 expressly excludes and disclaims any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
9.1 CHAPTER2 shall have absolutely no liability whatsoever in connection with the website services, information, external links or third party links on this website. CHAPTER2 shall have no liability whatsoever for any errors, omissions or inaccuracies in the information regardless of how caused or for delays or interruptions in delivery of the information: or any decision made or action taken or not taken in reliance upon the information furnished.
9.2 CHAPTER2 accepts no responsibility or liability whatsoever with regard to information on this site as the information is meant to be of a general nature only and is not intended to address the specific circumstances of any particular individual or entity.
9.3 The information provided is not necessarily comprehensive, complete, accurate or up to date; the information is sometimes linked to external sites over which CHAPTER2 has no control and for which CHAPTER2 assumes no responsibility: CHAPTER2 shall have no liability for any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for any contingencies beyond its control in procuring, compiling or delivering any information. The information is not professional nor does it comprise legal advice (if you need specific advice, you should always consult a suitably qualified professional).
10.1 Any reference within external or third party links to any specific commercial products, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply endorsement, recommendation or favoring by CHAPTER2.
10.2 The appearance of external or third party links does not constitute endorsement by CHAPTER2 of the linked web sites or the information, products or services contained therein. CHAPTER2 does not exercise any editorial control over the information you may find at these locations.
10.3 External or third party links may be provided for the convenience of the users of this site. CHAPTER2 is not responsible for the availability or content of these external or third party sites and does not endorse, warrant or guarantee any products, services, information, centers or schools described or offered at these links.
11.1 CHAPTER2 trademark is the sole property of Performance Sports Limited of Hong Kong and any disputes between the Buyer and Seller is to be expressly resolved through the courts of Hong Kong Special Administration.
© Copyright 2017 CHAPTER2 (Performance Sports Limited). All rights reserved. Disclaimer.