The following terms govern all orders placed by you and shall be incorporated into each contract for the supply of goods by Roar Power Ltd. We will contract on these terms only, and receipt of an order from you will be deemed acceptance by you of these terms, despite anything stated to the contrary in your inquiries or on your orders.
This website is operated by Roar Power. Throughout the site, the terms “we”, “us” and “our” refer to Roar Power. Roar Power offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Certain products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on our store. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person or geographic region. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
THIRD PARTY TOOLS AND LINKS
We may provide you with access to third-party content and tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party content and tools. Any use by you of optional content and tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. An example of such third party tools is the data we source from the NIWA Solar View website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Any supply of goods, or intention to supply goods, from Roar Power to you constitutes an order, regardless of whether a quote or an invoice was generated.
Deposits are due before any goods are ordered on your behalf. Full payment is due before the despatch of any goods. Prices may be altered at any time.
Quotes are not a binding agreement between us and you. We use quotes as a tool to provide you with an estimate of the quantity and list of parts you might require for your system, and an estimate of the price. The parts listed in a quote may not be in stock at the time of the quote, or may not be in stock by the time your quote is converted to an invoice, and may not have been adjusted for shipping and currency conversion costs. Quotes are not valid after the Expiry date shown on the quote. We may alter the quoted price of any goods, at any time, for any reason, without notice. Quoted prices are subject to change for a variety of reasons, including but not limited to: freight and fuel costs, exchange rate changes, taxes, law changes, changes to regulations, changes to best practice. Quotes that have expired are not valid and must be requoted.
Errors or omissions made by us in any pricing, quotation, or invoice, are subject to correction. Invoices not paid by the due date are no longer valid, and RoarPower will not be required to honour these prices. GST (Goods and Services Tax) is payable in addition to the price unless the invoice is marked as “Includes GST”.
Where we agree to transport goods to a specified place, you authorise us to arrange freight, and any transit insurance we wish to arrange, on your behalf. Any costs incurred shall be paid by you in addition to the price unless otherwise agreed in writing. You authorise us to pursue any damage claim or transit insurance claim, and to collect the proceeds. You acknowledge that if you sign for goods delivered as ‘Received in Good Condition’ then a claim for freight damage will not be allowed. In all cases, delivery shall be deemed to occur at the time when the goods are made available for collection by the Carrier (or the first of the carriers; including us, if we undertake cartage ourselves) responsible for transport of the goods to you. We may deliver the goods by instalments, and each instalment shall be treated as a separate contract governed by these terms. Failure to deliver any instalment does not entitle you to cancel the contract. Any time stated for delivery is an estimate only. Roar Power is not liable for any delay in delivery. Unless otherwise agreed in writing, we will deliver to a regional depot. Any costs associated with transporting your goods from the regional depot to your address are paid by you, whether they are arranged by Roar Power or not.
If there is a discrepancy between your order and the specifications of the product needed to fulfil your requirements, you acknowledge and accept that there may be minor differences between the goods you order and the goods we deliver.
ERRORS and OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the website, or in quotes or invoices, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website has been modified or updated.
RISK AND OWNERSHIP
Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
LIMITATION OF LIABILITY
All goods are sold subject to all conditions and warranties implied by law being excluded to the extent they can be excluded. To the extent permitted by law we will not be liable to you for loss caused by anything beyond our reasonable control or loss suffered by you caused by our breach of these terms, our negligence, or any other act or omission of ours. “Loss” includes any direct or indirect or consequential loss incurred by you. If we are liable to you then our liability is limited to the value of the goods supplied to you and associated with your Claim. We may either replace defective goods or pay you the price (excluding GST) you paid us for the goods supplied. We will not accept responsibility for any defective goods unless you notify us of the defect within seven days of your receiving the goods and you allowing us to investigate your claim.
CONSUMER GUARANTEES ACT 1993
Where the Consumer Guarantees Act 1993 applies to the contract, if the goods are acquired by you for business purposes you agree that the Consumer Guarantees Act 1993 does not apply. Where you supply the goods to a person acquiring them for business purposes, it must be a written term of your contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the goods. You agree to indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of the obligations contained in the contract. The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to the contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993, - Defective goods or goods which do not comply with the contract shall at our discretion be repaired or replaced, or the price refunded. - Any right which you may have to reject non-conforming or defective goods shall only be effective if you notify us in writing within seven days following delivery and we are given the opportunity to inspect the goods before they are installed. You agree to return such goods at your expense if requested. We accept no liability for any Claim by you or any other person, including without limitation any Claim relating to or arising from: - Any conditions, warranties, descriptions, representations, technical information supplied, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise; whether express or implied by law, trade custom or otherwise; or - Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by us in writing and you agree to indemnify us against any such Claim. - In any event, our liability under any Claim shall not exceed the price of the goods. Any warranty in respect of second hand goods supplied to you is expressly excluded. Nothing in these terms is intended to have the effect of contracting out the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act and these terms are to be modified to the extent necessary to give effect to that intention.
RETURN OF GOODS
You may only return goods for credit or refund with our prior written consent, and on such terms as we may specify. You will be liable for all delivery and insurance costs incurred in respect of goods returned. Where faulty goods are returned, they must be returned via the same transport method they were sent out unless otherwise agreed by Roar Power in writing.
Any and all installation work is contracted by you, and any damage caused by your installer during installation is not covered by our agreement with you.
USE OF YOUR INFORMATION
You agree that we may use any information you supply us, and that any information you supply us either belongs to you, or you have the right to provide that information to us.
PATENTS, COPYRIGHT, AND TECHNICAL INFORMATION
Copyright in all drawings, specifications and other technical information provided by us in connection with the contract is vested in us. Any technical information or knowledge at any time transmitted either orally, electronically, or in writing by us to you will remain our property and will be considered absolutely confidential by you and you will not use the information or knowledge for any purpose, nor sell, transfer or divulge them to anyone without our prior written consent.
These Terms are interpreted in accordance with the laws of New Zealand. You may take legal action against us only in a New Zealand court.
Any notices required to be served on you are properly served when sent or transmitted or posted or delivered to the e-mail address, or postal address or delivery address recorded in your correspondence with us.
You indemnify us against any loss or damage we suffer arising directly or indirectly from any act or omission of yours or any breach by you of these terms. These terms are personal to you and cannot be assigned or otherwise dealt with by you without our prior written consent. These terms shall not be varied unless agreed by both parties in writing. If there is any inconsistency between these terms and any other submitted by you or any other arrangements with us, these terms prevail unless otherwise agreed by us in writing. If due to any circumstance beyond our reasonable control, we are unable to supply part or all of any obligation under the contract, that obligation will be suspended while that circumstance continues. If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. We do not waive any term of the contract except where specified in writing signed by an authorised officer in respect of a particular transaction dealing or matter. We may change these Terms at any time. Any change applies from when we notify you of that change.
WORDS USED IN THE CONTRACT
“Claim” includes any claim: - For loss of profits; or for compensation, demand, remedy, liability or action; or - For any consequential, indirect or special loss, damage or injury of any kind suffered by any person arising directly or indirectly from: any breach of our obligation under the contract; or any suspension or cancellation of the contract; or any negligence, misrepresentation or other act or omission by us or our employees, agents or contractors. “goods” means goods ordered by you, and includes any incidental services provided in connection with the supply of the goods. “ownership” means the property in the legal and beneficial ownership. “person” includes a corporation, firm, company, partnership, trust or individual. “price” means the purchase price of the goods and any costs payable by you under the contract including those relating to transportation, storage and insurance. “we” and “us” and “our” and “Roar Power” means Roar Power Ltd, its successors and assigns. “you” and “your” means the person purchasing the goods from us pursuant to the contract, including that person’s successors and assigns. References to any piece of legislation includes such legislation from time to time amended, reenacted or substituted and any statutory instruments, regulations and orders issued under such legislation.