POWER & MARINE TERMS & CONDITIONS
If you are browsing this website as a non-commercial consumer, you may access material displayed on the website for your non-commercial, personal use only and subject to the Website Terms and Conditions stated below.
If you are browsing this website as an employee/agent/member of any business or organisation, you may access or download material displayed on the website only in accordance with the Website Terms and Conditions stated below. This permission is specifically conditioned on you maintaining all copyright, trademark and other proprietary notices contained on the materials and keeping all such material intact and in the same form as presented on the website. Additionally, you may not:
- distribute or transmit, modify, reuse, republish, frame, upload to a third party, report, or use the contents of the website for public or commercial purposes, including the text, images, audio, and video without Power & Marine prior written permission; or
- use any meta tags or any other “hidden text” or use any sponsored or paid Google or other search engine sponsored search results / sponsored links that utilise keywords that directly relate to any Power & Marine name, trade indicia, trademark, logo, product or brand without Power & Marine prior written permission.
- Your access to and use of the website is also subject to the Website Terms and Conditions stated below and all applicable laws. The material on this website resides on a server in the state of Victoria, Australia. The law applicable to use of the material and to disputes arising out of the material is the state of Victoria, Australia.
If you are under 16 years of age, you should always have the express consent of a parent or legal guardian before using the internet including this website.
WEBSITE TERMS AND CONDITIONS
All material on the website is protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Website Terms and Conditions or in the text on the website.
RESTRICTIONS ON USE
Material from the Power & Marine website owned, operated, licensed, or controlled by Power & Marine or any of its related, affiliated, or subsidiary companies (together, “Power and Marine”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Power & Marine EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Power & Marine intellectual property rights. The material in this website is provided for lawful purposes only. If you download software from our website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Power & Marine . Neither title nor intellectual property rights are transferred to you, but remain with Power & Marine , who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
The information contained in this website is intended for use by persons resident in New Zealand. Any promotion, competition, product or service identified or contained in this website is subject to the applicable terms and conditions, which are available for download at the relevant page of this website promoting the applicable promotion, competition, product or service, or alternatively such terms and conditions are available upon request from Power & Marine LTD via the “contact us” link.
RESTRICTION OF LIABILITY
Your use of the website is at your risk. Power & Marine (and its employees, servants or agents) makes no warranties or representations as to its accuracy and, to the extent permitted by law, Power & Marine (and its employees, servants or agents) specifically disclaims any liability or responsibility for any errors or omissions in the content on the website. Neither Power & Marine (and its employees, servants or agents) nor any other party involved in creating, producing, or delivering the website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the website whether due to a breach of contract, breach of warranty, negligence, or otherwise even if Power & Marine has been notified or advised of the possibility of such damages. Except as otherwise stated in the text of a webpage of this website or as required by law, everything on the website and all Power & Marine products displayed on the website are provided to you “AS IS” and, to the extent permitted by law, is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Power & Marine does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Power & Marine does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Power & Marine ) assume the entire cost of all necessary servicing, repair or correction.
Statutory warranties that are implied under Part V Division 2 Trade Practices Act 1974 are not excluded if goods are of a kind ordinarily acquired for personal, domestic or household use.
To the fullest extent permitted by law, Power & Marine liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, at Power & Marine option, to: in the case of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and in the case of services: (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again.
Features and information of third party suppliers, third party products and/or services described or depicted on the website, or available for enquiry or application through website hyperlinks, including, without limitation, availability and descriptions of products or services as displayed on the website and via website hyperlinks are subject to change at any time without notice.
Power & Marine assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website (including accessing hyperlinks) or your downloading of any materials, data, text, images, video, or audio from the website. Power & Marine also assumes no responsibility, and shall not be liable for any interruptions or errors in access to the website or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the website.
Materials and third party logos, brands and trade names displayed on the website are either the property of, or used with permission by, Power & Marine . The use of these materials by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Website Terms & Conditions or specific permission is provided elsewhere on the website or specific permission is obtained from the third party owners. Any unauthorized use of images and third party logos, brands and trade names may violate copyright laws, trade mark laws, the laws of privacy and publicity, and civil and criminal statues.
The goods and services displayed on this Site are available for purchase only by those persons over 18 and who have full capacity to enter binding contracts.
All goods and services displayed on this site are for delivery in New Zealand only. We are obliged to deliver only to the address in New Zealand which you have specified and we will not be liable for any loss or damage which occurs because you are unable to take delivery at the place specified.
On receipt of payment of a purchase order, we will endeavour to supply you with the goods and services ordered. We are not liable for any orders we are unable to fulfil or decline to fulfil. (Unable to fulfil due to any causes beyond our reasonable control)
We have endeavoured to ensure that the colours of our products are displayed as accurately as possible on this site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that the colour representation on your monitor’s display of any colour will be accurate. Colours that you see are therefore indicative only of the actual colour of the products displayed. We do not accept responsibility or liability for any variation in colour caused by the computer system used.
If you make an order it is deemed and constitutes an offer by you to purchase the quantity of goods (as the case may be) for the price (including the delivery and other charges) specified on this Site at the time you place your order. We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this Site, or an error in your order.
Prices of products and services and delivery and other charges displayed on this Site are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.
We retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you on dispatch from our warehouse.
We will endeavour to deliver goods within the specified time frames, but such times are estimates only and may be subject to change. We do not accept liability for any loss or damage (direct or indirect) for delivery at any other time than the estimated delivery date. Late delivery does not entitle you to cancel your order.
Delivery is deemed to have been made once goods arrive at the delivery address you specified when placing your order. Delivery may be by instalments.
Our arrangements with our courier company are such that it will not be liable for any loss or damage in transit whatsoever. You are responsible for maintaining adequate insurance of the goods after they are despatched from our warehouse.
We may need to order products which are not immediately in stock from our suppliers. This may result in an extended delivery time or the products may be unavailable. If this occurs, we will notify you immediately to arrange a refund or exchange at your option.
Except as described otherwise, all materials in the Power & Marine website are made available only to provide information about Power & Marine. Power & Marine controls and operates this website from Auckland, New Zealand and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local laws.
Publication of electronic addresses on the website is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
Power & Marine is not responsible for the content of any website linked to or from the website. Your linking to any other website is entirely at your own risk. While Power & Marine may provide links on this website to other sites, the inclusion of such links is for your convenience and information only and should not be interpreted as an endorsement of the owner/sponsor of the website or the content of the website. To the extent permitted by law, Power & Marine disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
Although Power & Marine may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the website, Power & Marine is under no obligation to do so and assumes no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. By accessing and browsing the website, you agree that you shall indemnify, and keep indemnified, Power & Mariner from and against any claim, action, damage, loss, liability, cost, payment, charge or expense including but not limited to consequential loss, economic loss and legal expenses (calculated on a solicitor/client basis) suffered or incurred by Power & Marine arising out of any claim or action that results from your accessing and use of the website or in connection with any breach by you of these Website Terms & Conditions.
Power & Marine will fully cooperate with any law enforcement authorities or court order requesting or directing Power & Marine to disclose the identity of anyone posting such materials. In addition, you will not:
- Restrict or inhibit any other user from using or enjoying the website;
- Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or
- Download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner.
Any order placed by you on the website or on a linked website is an offer by you to purchase the particular product or service specified. Power & Marine and the third party linked website owner reserves the right to accept or reject your offer for any reason, including, without limitation, an error in your order or in the material on the website, or the unavailability of the product or service. The contract to purchase the particular product or service only comes into existence in accordance with the stated Terms and Conditions of Sale of that product or service.
Power & Mariner is an equal opportunity employer committed to a diverse workforce. Power & Marine dealers each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.
Power & Marine or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Power & Marine sites, and (b) all related documentation and all copies and installations (together, the “Materials”). Power & Marine may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
Power & Marine may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page, by clicking the Terms & Conditions link.
Power & Marine products and services are available in many parts of the world. However, the Power & Marine website may describe products and services that are not available worldwide. Power & Marine reserves the right to change any price, product, service or new item without notice. All promotional items are subject to availability. Prices may vary between dealers.