Electric Vehicles Enzed Limited T/A Mobility Supplies NZ

General Terms and Conditions of Trade

1. Goods/Services

1.1 The Goods/Services shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by the Supplier to the Client.

2. Price and Payment

2.1 The Price shall be as indicated on invoices provided by the Supplier to the Client in respect of the Goods/Services supplied.

2.2 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated, then payment will be due seven (7) days following the date of the invoice.

2.3 Unless otherwise stated the Price does not include GST (Goods and Services Tax). In addition to the Price the Client must pay to the Supplier an amount equal to any GST the Supplier must pay for any supply by the Supplier under this or any other agreement for the sale of the Goods/Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

3. Default & Consequences of Default

3.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

3.2 If the Client owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).

3.3 Further to any other rights or remedies the Supplier may have under this contract, if a Client has made payment to the Supplier, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Supplier under this clause 3 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.

4. Privacy Policy

4.1 All emails, documents, images, or other recorded information held or used by the Supplier is “Personal Information” as defined and referred to in clause 4.3 and therefore considered confidential. The Supplier acknowledges its obligation in relation to the handling, use, disclosure, and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. The Supplier acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by the Supplier that may result in serious harm to the Client, the Supplier will notify the Client in accordance with the Act. Any release of such Personal Information must be in accordance with the Act and must be approved by the Client by written consent, unless subject to an operation of law.

4.2 Notwithstanding clause 4.1, privacy limitations will extend to the Supplier in respect of cookies where the Client utilises the Supplier’s website to make enquiries. The Supplier agrees to display reference to such cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:

(a) IP address, browser, email client type and other similar details;

(b) tracking website usage and traffic; and

(c) reports are available to the Supplier when the Supplier sends an email to the Client, so the Supplier may collect and review that information (“collectively Personal Information”)

If the Client consents to the Supplier’s use of cookies on the Supplier’s website and later wishes to withdraw that consent, the Client may manage and control the Supplier’s privacy controls via the Client’s web browser, including removing cookies by deleting them from the browser history when exiting the site.

4.3 The Client authorises the Supplier or the Supplier’s agent to:

(a) access, collect, retain and use any information about the Client;

(i) (Including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook, or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Client’s creditworthiness; or

(ii) for the purpose of marketing products and services to the Client.

(b) disclose information about the Client, whether collected by the Supplier from the Client directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.

4.4 Where the Client is an individual the authorities under clause 4.3 are authorities or consents for the purposes of the Privacy Act 2020.

4.5 The Client shall have the right to request (by e-mail) from the Supplier, a copy of the Personal Information about the Client retained by the Supplier and the right to request that the Supplier correct any incorrect Personal Information.

4.6 The Supplier will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.

4.7 The Client can make a privacy complaint by contacting the Supplier via e-mail. The Supplier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

Returns Policy

Mobility Supplies NZ is committed to providing an elevated level of service in helping you choose the correct product the first time.

I have changed my mind, can I return the item I purchased?

• Please contact us immediately if you wish to return a product.

• Under New Zealand Consumer Law, we do not have to refund you if you have changed your mind. In certain circumstances we may agree to exchange an item, or exchange the item for a credit note for use in future purchases.

Required conditions for product return

• All items must be returned in the condition they were sold in. This means they must be unused, in their original packaging and with all manuals and accessories.

• All items must be returned with their original receipt showing date, item(s) and price paid.

• All items must be returned within 7 (seven) days of the purchase date, to Mobility Manawatu, at the cost of the purchaser.

Items exempt from our returns policy

• Due to hygiene reasons, the following items cannot be returned or exchanged. Toilet equipment, bathroom items, bedding, under garments, cushions, continence/incontinence, food products, any items that come into contact with the skin.

• Powered mobility equipment cannot be returned once used.

• Special orders. Any items that are not a stocked item and are specially ordered in.

Warranties

Please contact us immediately if you have a warranty claim

• 1 year warranty for all new products. In addition to the standard 1 (one) year warranty, some of our larger items include up to a 5 (five) year warranty – please ask about a specific items warranty.

• Used mobility scooters come with a standard 3 (three) month warranty unless otherwise stated on your receipt

• Hired or rented items, if they fail, will be repaired or replaced with a similar model.

Please Note

• The warranty period commences from the date of purchase.

• The warranty covers faulty materials, product defects and faulty workmanship

• The warranty does not cover damage resulting from normal wear and tear, incorrect use of the produce, abuse, misuse or neglect.

• We require a reasonable amount of time to assess a warranty claim, which may involve sending the item away or any parts of the item away.

• If we have loan equipment available, it may, at the discretion of Mobility Manawatu, be loaned whilst we have your equipment for assessment.