Our Terms & Conditions Of Trade

Terms and Conditions

You (“Customer”) enter into a contractual relationship with Makerspace NZ Limited (“MSNZL”) on the terms and conditions set out below:

GENERAL

  1. These terms and conditions and any attachments govern the sale of products and services purchased, leased or otherwise hereunder and prevail over any conflicting or inconsistent terms and conditions appearing on any purchase order, lease agreement or otherwise submitted by the Customer. No change or modification of these terms and conditions shall be valid or binding on either party unless in writing and signed by an authorised representative of each party, as part of, or modification to the quotation from MSNZL

CLIENT MATERIAL

  1. Where a Customer requests a production job from MSNZL and the Customer provides one or more items (“Materials”) including, but not limited to: schematics, reference material, fixings, fastenings, sheet materials, electronic devices, digital storage media, software, digital data, etc. the Customer agrees to indemnify MSNZL against any damage or loss that arises from MSNZL’s use or storage of the Materials, including but not limited to the accidental damage, loss, theft or destruction, to the maximum extent permissible by law.
  2. Storage of Materials shall be provided by MSNZL for a period of 14 days from when MSNZL receives the Materials (“Expiry Date”). After the Expiry Date, if MSNZL is unwilling or unable to continue storing the Materials, MSNZL will be under no obligation to continue to store the Materials, but may choose to notify the Customer and arrange for the return of the Materials to the Customer.  However regardless of this process, once the Expiry Date has been reached MSNZL may, at its sole discretion, take steps to intentionally dispose of or destroy the Materials and the Customer shall have no right of compensation or otherwise from MSNZL.  MSNZL reserves the right to charge the Customer for all reasonable costs incurred by MSNZL in disposing of the Materials

OVERSEAS ORDERING & DELIVERY OF CAPTIAL MACHINERY

  1. MSNZL will see to it that all reasonable means will be exhausted to meet the shipment dates stated as part of any quotation, however, MSNZL will not be liable for any special, incidental, or consequential damages resulting from delivery delays or inability to deliver the products by the stated date.
  2. All deliveries are CIP – Carriage and Insurance Paid to (named place of destination) (“CIP”) unless otherwise stated and the Customer takes legal title and possession of the products and assumes all risk and loss once the products arrive alongside the delivery vehicle at the Customer’s nominated destination within New Zealand (“Entry Port”).
  3. MSNZL special shipping dock and the prices quoted include International or New Zealand Customs duties, New Zealand Goods and freight/shipping charges or insurance, but exclude GST.
  4. The Customer shall be responsible for any freight charges and any insurance charges applicable to their Purchase Order.
  5. Where MSNZL is the delivery contractor, it shall be responsible for lowering all products off the delivery contractor’s vehicle(s) and fully responsible for communicating to the delivery contractor proper delivery instructions as provided by the Customer. Mis-information given to MSNZL by the Customer regarding proper delivery instructions, which in turn result in additional shipping and handling fees being incurred, shall be fully passed on to the Customer.
  6. Where MSNZL is not the delivery contractor because this has been arranged by the Customer, the Customer shall be responsible for lowering all products off the delivery contractor’s vehicle(s) and fully responsible for communicating to the delivery contractor proper delivery instructions and MSNZL shall have no liability in respect to the delivery.
  7. Where products are shipped freight prepaid, the Customer shall pay MSNZL the appropriate freight and insurance charges, which will be shown as separate items on the Customer’s invoice.
  8. Shipping times are approximate only and normally take approximately 10-12 weeks from the date a Customer submits a Purchase Order and shipping clearance has been granted to the time of arrival at the Entry Port and MSNZL provides no guarantee of a particular arrival time or date. Again, in cases of inclement weather or other acts of god, this can become longer due to backlogs, shipping company re-routes, delays in sailings or other matters outside of MSNZL’s control. MSNZL shall not be liable for delays caused by any matters outside of its control.
  9. Once products have been processed and cleared through the New Zealand Office of Exchange and released for delivery, timeframes for delivery of products within New Zealand, will depend on the reasonable means of the delivery contractor and the distance of the drop off location in relation to the Entry Port. Time delays may result where this is caused by statutory holidays or other non-working days including weekends.  MSNZL will make every reasonable attempt to keep the Customer informed at the time of providing a quotation to the Customer and prior to a Customer placing a Purchase Order if additional time is needed or anticipated.
  10. Damage caused whilst products are in transit are covered by MSNZL. The Customer shall not hold MSNZL responsible in any way for damage caused where the Customer has chosen another third-party delivery carrier or other shipment type/method as selected by the Customer.

DAMAGE AND SHORT SHIPMENT (where not applicable to third party transit options) 

  1. In the event products are received damaged during MSNZL stewardship and transit, the Customer is responsible for keeping all original packaging materials and must contact both the delivery carrier and MSNZL in writing within three working days of receiving the products.
  2. In the event that any products supplied by MSNZL arrive in a noticeably damaged state (which may include broken crating or torn wrap etc.), other than minor non-material damage to packaging), the Customer must indicate in writing via email at info@makerspace.co.nz (at the time of delivery): “SHIPMENT PACKAGING IS DAMAGED, AND TIME FOR FURTHER INSPECTION OF PRODUCTS WILL BE NEEDED TO FILE A CLAIM IN THE EVENT THE PRODUCTS ARE ALSO DAMAGED”. The Customer should also take additional precautions by taking pictures of the noticeable damage prior to examining the products. 
  3. Accepting any products from a delivery carrier will release MSNZL or the MSNZL shipping company from taking responsibility for any damage caused to the products. MSNZL in this case cannot help the Customer file any claim to recover the loss in relation to the products.  MSNZL recommends the purchase of Full Comprehensive Insurance for shipping with third party freight forwarding companies.  

PRICES, TAXES, AND PAYMENT

  1. All prices are per unit (except where indicated otherwise) and all units (or otherwise) are in New Zealand Dollars (“NZD”) and are GST exclusive. All prices are subject to change without notice and are automatically linked to the prevailing exchange rate (XE.com).  All overseas taxes, such as Federal, State, or local, which is the obligation of MSNZL to collect in connection with the sale or delivery of products described on any Purchase Order/attachment shall be paid by the Customer and will appear as separate items on the Customer’s invoice unless the Customer has provided MSNZL with their tax exemption certificate (which must be provided with the Customer’s first Purchase Order).
  2. All major orders (being all orders over NZD$5000) must include a minimum pre-paid deposit of 30% of the value of the products.
  3. All payments made by way of credit card or PAYPAL will incur a 2.95% surcharge.
  4. All invoices are due by the 20th of the month following the invoice date unless otherwise noted. Late payment of any invoice will incur an additional 12% percent per annum (calculated on a daily basis) late payment penalty.

FINANCING / BORROWING / REPAYMENTS

  1. An application and documentation fee of NZD$350 is payable by the Customer upon every lease or lease‑to‑buy agreement entered into between MSNZL and the Customer.
  2. The relevant finance rate (as determined by MSNZL) will be applied for any financing arrangements and will be disclosed in any invoice, purchase agreement, lease or lease‑to‑buy documentation.
  3. All products and services will remain the property of MSNZL until those products and services, including all finance charges, penalties or otherwise, have been paid for in full by the Customer.
  4. When the Customer makes a formal enquiry in respect to financing any of MSNZL’s products or services, or enters into a conditional or unconditional lease or lease-to-buy agreement, the Customer grants permission to MSNZL to perform a credit check(s) with Veda Limited or any other credit agency/ies at MSNZL’s sole discretion as required. Any defaults by the Customer under any Purchase Order, Lease or Lease-to buy agreement may be loaded with a credit agency/ies at the sole discretion of MSNZL.
  5. MSNZL reserves the right to register security interests on the Personal Property Securities Register (PPSR) over any products it maintains an interest in.

ONLINE ORDERING PORTAL

  1. All orders made through MSNZL’s online ordering portal (“Portal”) are subject to confirmation of all courier, postal and freight charges (“Shipping Costs”) as these are likely to change and are beyond the control of MSNZL. Any order placed by a Customer through the Portal will not be deemed as accepted by MSNZL until it confirms as estimate for the Shipping Costs. Any estimated Shipping Costs advised by MSNZL to the Customer through the Portal will remain subject to further change. In the event of a material change relating to the Shipping Costs, MSNZL will inform the Customer of such changes as soon as possible after MSNZL becomes aware of the changes, time being of the essence.
  2. All prices listed on the Portal are in NZD and GST exclusive.

RETURNS

  1. A “return authorisation” number must be issued by MSNZL to a Customer prior to the return of any products. Any products returned are to be referenced by this number, or they will not be accepted.  All returns are to be sent to MSNZL, with freight prepaid.  A 20% re-stocking fee will apply to all products authorised for return to MSNZL.  MSNZL will not be obligated nor liable to accept any products returned after 30 days of MSNZL issuing a return authorization number. 
  2. All returned products will only be accepted if they remain in a clean as new condition. It is the Customer’s responsibility to ensure that returned products are properly packaged for shipping purposes.  A refund will only be provided by MSNZL after it has inspected and is satisfied with the condition of the returned products, other than as required by law. 
  3. If MSNZL determines that there is any visible shipping damage to the returned products, it may elect to refuse acceptance form the delivery carrier. Any such refusal such be notified to the Customer who shall be solely responsible for dealing with the delivery carrier in respect to any claims for such damage. 
  4. In respect to any returned products, MSNZL may recover the shipping costs in respect to the original order (including any discounted or free shipping in which case MSNZL may calculate the actual full shipping costs applicable at the time of shipping the original order as if they had of been originally charged to the Customer), any additional shipping costs and any applicable crating charges and such overall shipping costs may be deducted by MSNZL from the Customer’s refund.
  5. If the Customer discovers that he/she has missing accessories that were purchased with any products, they must notify MSNZL within seven business days of taking delivery of the products.

SOFTWARE LICENSE

  1. Any bespoke software furnished with any products supplied by MSNZL is licensed by MSNZL to the Customer on a non‑exclusive basis for use by the Customer. The usage of the software is restricted to the products duly acquired.  All legal title and intellectual property rights in respect to the software shall always remain with MSNZL, unless purchased outright by the Customer.

LIMITATION OF WARRANTY

  1. Subject to clause 33 below, MSNZL products carry an onsite labour and parts replacement warranty for twelve (12) months from the date of receipt for defects due to faulty components, materials and/or poor workmanship.
  2. All laser tubes, associated electronic componentry and laser tube power supplies carry a three (3) month parts only replacement warranty.
  3. MSNZL will only be liable to repair or replace faulty products or remedy defective services in accordance with the above warranties and is not responsible for any consequential loss incurred due to faulty products or services, otherwise than in accordance with and as required by law.
  4. All warranties exclude normal wear and tear, abuse or misuse of the products or services by the Customer or its users and to the full extent possible under the law, specifically exclude all consumable items such as laser tubes and high voltage power supplies.
  5. The provisions of the Consumer Guarantees Act 1993 does not apply where the Customer has obtained the products or services for business purposes.
  6. MSNZL warrants that the software will perform in accordance to the written materials for the particular product supplied. MSNZL warrants that any supplied software works with Windows XP, Windows Vista, Windows 7, 8 and 10 only. Dual boot Mac systems and any Linux systems not supported and are at the Customer’s sole risk.
  7. The warranty provisions as they relate to the software cover that MSNZL will see to it to provide the support services intended to make the software conform to its description and to correct operational defects. The obligations of MSNZL under this warranty are limited to replacing parts or repairing at its sole option and either at its factory premises, any products which fall within the warranty timeframes (but specifically excluding all laser tubes/power supplies) or at MSNZL’s sole discretion extend to providing parts and onsite labour free of charge (but exclusive of MSNZL’s travel and accommodation costs which must be agreed to and borne by the Customer for this option to proceed).
  8. MSNZL does not have to provide onsite repair work where the work is necessary due to the result of Customer error, negligence, accidental damage or abuse and misuse, but at its option MSNZL may repair or instruct and support the Customer on any repairs that may be needed at the Customer’s location.
  9. In the case of Lease or a Lease-to-buy agreement, MSNZL will conduct repairs and subsequently invoice the Customer under the applicable agreement for the full extent of the repairs, including travel time, accommodation, parts and associated consumables. Any call out/ad-hoc servicing outside of any agreed ongoing servicing contract, warranty claim, or in the case of Customer user error, all Lease or Lease-to-but agreements carry a minimum charge of NZD$295 plus GST per call out.
  10. No warranties apply to any products which have been repaired or altered by or through the Customer; including where the Customer has self-installed laser tubes or power supplies; or where the Customer has self-installed last tubes or power supplies; or where the Customer has accessed the secure software area in the controller; or any products which have been subjected to abuse, misuse, negligence, or accident caused by the Customer or its users.
  11. The original warranty period of any product or service, which (where applicable) has been either repaired or replaced, will not be extended past the original warranty period unless the Customer purchases the ‘extended warranty’ option. Where applicable, it is the extended warranty which will apply in priority to any other warranties, other than as provided for by law.
  12. To the maximum extent permitted by law, other than as provided for in these terms and conditions, entry into a contractual arrangement pursuant to these terms and conditions shall constitute the entire agreement between the Customer and MSNZL, and MSNZL makes no other representations nor warranties, direct or indirect, express or implied, including but not limited to, the design or condition of any product or service, its merchantability or its fitness of any particular purpose, the quality of the material or workmanship of any product or service, improper delivery, delay in delivery or conformity of any product or service to the provisions and specifications of any Customer purchase, lease or lease-to buy agreement, nor shall MSNZL be liable for incidental or consequential damages (including strict liability in tort). 
  13. To the maximum extent permitted by law, MSNZL shall not be liable to the Customer, or any other third party, for any loss, damage, injury or expense of any kind or nature caused directly or indirectly by the products or services or the failure of the products or services to operate properly.
  14. MSNZL reserves the right, at its sole discretion to cover a product or service where they do not comply with the terms of the stated warranty provisions in these terms and conditions.
  15. To make a warranty claim, the Customer must:
  • First call MSNZL Support Centre or lodge the complaint via the service desk at info@makerspace.co.nz or 0800 810 365.
  • If warranty service is required, provide a copy of the purchase receipt or original invoice, to show that this warranty applies to the Customer’s product or service at the date of claim.
  • If required, the Customer must deliver the product to the service agent at the Customer’s sole cost. MSNZL will cover the return cost back to the Customer. It is recommended to have the product sent tracked and insured to avoid loss.

WARRANTY APPLICATION

  1. Warranties apply only:
  • To a product or service supplied new to the Customer by MSNZL or through its distributors or authorised agents;
  • If the Customer uses the product or service personally for its own private or business purposes;
  • Providing the Customer has not acquired the product or service for resale.
  1. Warranties will not apply if during the warranty period:
  • A product’s serial number or any tamper label is removed or changed in any way (if applicable);
  • A product is repaired other than by a MSNZL Service Agent;
  • A product is installed by anyone other than a MSNZL Service Agent;
  • The Customer uses a product or service contrary to any technical or operating environmental guidelines recommended in an applicable user guide or manual;
  • A part in the Customer’s Product has reached the end of its service life
  • A product is affected by normal wear and tear;
  • A product is used in excess of its rated durability or duty cycles – in the case of CO2 laser tubes this is above 80% power settings or recommended mA settings (16mA-30/40W), (18mA, 50/60/70W), 21mA, 80W), (24mA, 100W);
  • A product’s malfunction or failure results from;
    • Deliberate or accidental damage;
    • Neglect or modification;
    • Incorrect voltage or a power surge (a working surge protector must be fitted to any 230VAC outlet); or
    • The Customer’s use of any non-genuine consumables, software, parts, accessories or interfacing.

Other actions that may void warranty

  1. MSNZL informs Customers that if they use non-genuine or non MSNZL approved consumables, software replacement parts or accessories, you may damage your product and void your warranty.
  2. Upgrades of products or support of third party supplied systems; or application of free promotional offers may damage your product and void your warranty.
  3. MSNZL does not warrant any systems or components that are not fitted or tested by MSNZL (For example if MSNZL is asked to upgrade a current machine NOT supplied by MSNZL and a subsequent system fails which is also not supplied/installed by MSNZL, MSNZL is not responsible or liable for any resulting loss or damage, or otherwise.

SAFETY PRECAUTIONS

  1. The machines that form part of the products that MSNZL supplies are classed as industrial type machines and not home consumer devices and as such carry extra risks when operating. MSNZL offers best efforts to ensure general and electrical safety of machines when delivered.  It is the Customer’s sole responsibility to electrically test as required for Health and Safety compliance and to use all safety devices, guards and proper safe operating procedures as set forth in online forums, training, manuals and instruction sheets furnished by MSNZL. 
  2. The Customer shall not remove or modify any such safety device, guard or sign. It is the Customer’s sole responsibility to provide all necessary and effective protection to themselves and all other people exposed to the machines including all employees and third parties from serious bodily injury which otherwise may result from the method of particular use, operation, set-up or service of the machines or other products.  If the Customer fails to comply with such provisions of this paragraph or the applicable standards or regulations aforementioned, the Customer shall indemnify and save MSNZL harmless from and against any and all claims, losses, penalties, fines or damages arising therefrom.  It is the responsibility of the Customer to comply with any and all local codes, regulations, by-laws and legislation.

SELF DRIVE LASER SERVICE 

  1. MSNZL will attempt best practice and best efforts to ensure that the laser system in respect to any machine forming part of its products is safe for use and the Customer’s operator is correctly trained by attending the machine/software operation training at the customer’s site upon completion of installation of the machine. MSNZL manufacturing lasers are Class 4 and categorised and so Users operate at their own risk and no liability will be accepted by MSNZL in the event of misuse or operating outside of the training given. 

DESCRIPTIONS OF EQUIPMENT 

  1. All weights and dimensions given are estimates only, stated as correctly as possible, and any minor deviations shall not invalidate any Purchase Order. Brochures, photographs and other illustration representing the equipment or consumables offered are for promotional purposes only by way of guidance and do not necessarily precisely match a particular product or service being offered by MSNZL as detail is subject to change, as improvements are constantly being made in design.  MSNZL Brochures and website information is indicative only and accordingly subject to change without prior notice. All colour options are subject to printing and screen manufacture and settings. 

INTELLECTUAL AND DESIGN PROPERTY 

  1. MSNZL shall own any intellectual property rights in any designs or inventions during Development Work to produce a final product or service. All digital, physical and conceptual design files, IP knowhow and prototyping information remain the property of MSNZL.  The final digital or physical product or particular service is the property of the Customer. 

ASSIGNMENT

  1. This agreement may not be assigned without the express written consent of the parties hereto. Any attempted assignment of rights or delegation of during shall be void. 

GOVERNING LAW 

  1. This agreement shall be construed in accordance with the laws of New Zealand and will govern any disputes regarding the interpretation and or validity of these terms and conditions hereof. 
  1. Any dispute relating to the products sold, leased or leased-to-buy or services provided by MSNZL hereunder shall be subjected to the jurisdiction of the courts within New Zealand. The provisions of this agreement are divisible and the invalidity or unenforceability of any provision or provisions contained herein shall not in any way effect the validity of this agreement without the invalid or unenforceable provision or provisions. 

PERSONAL INFORMATION 

  1. All personal information collected in respect to a Customer will be treated as confidential. 
  1. MSNZL reserve the right to disclose this information, where necessary to Entities it contracts with as part of the products or services it provides or offers to the Customer and who need that information in order to perform a particular service; and any Court, law enforcement agency, government agencies or other parties where required by law. 
  2. The Privacy Act 1993 will govern the manner in which MSNZL collects, uses, and discloses personal information. The Customer may obtain a copy of any information held about it and if necessary ask to have it corrected by contacting MSNZL via the service desk at info@makerspace.co.nz or by calling 0800 810 365. 
  3. MSNZL may use a Customer’s personal information to keep them informed about product and service developments by email or text message. The Customer may advise MSNZL if they do not want their personal information used for this purpose.
  4. MSNZL will keep information relating to the Customer for the minimum period required by law and will then destroy any physical copy of the Customer’s records in a manner which ensures the Customer’s private information remains confidential. MSNZL may retain a digital copy of the Customer’s records and personal information in a secure way, indefinitely.

MERGER CLAUSES 

  1. The entire contract is embodied in this writing. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the products or services, including statements made in or conduct implied from past dealings that are not fully expressed herein.  No oral or any other form of statement subsequent to the acceptance of the Purchase Order for products or services or entering into any lease or lease-to-buy agreement purporting to modify the said terms and conditions shall be binding unless consented to in writing by a duly authorised officer of MSNZL in a document making specific reference to this transaction or after a transaction has been made. 

AMENDMENT TO TERMS AND CONDITIONS 

  1. These terms and conditions may be amended, updated, cancelled either in part or in whole by MSNZL from time to time, but any such alteration shall not affect a Customer who has already entered into a contractual relationship with MSNZL in reliance on the within terms and conditions.