Terms and Conditions

DEFINITIONS
This website is operated by Hobeca Trading Company Ltd (Hobeca). Throughout the site, the terms “we”, “us” and “our” refer to Hobeca Trading Company Ltd and/or Toolmad.co.nz. Hobeca 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 this website and/ or purchasing something through it, 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 vendors, browsers, 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.
Our store is hosted on Shopify.com. Shopify.com provide us with the online e-commerce platform that allows us to sell our products and services to you.
“Hobeca” means Hobeca Trading Co Limited, its successors and assigns or any person acting on behalf of and with the authority of Hobeca
“Customer” means any person ordering Products from Hobeca and includes any person acting on behalf of the Customer.
“Guarantor” means those persons or entities that agree to be liable to Hobeca for the debts of the Customer, on a principal debtor basis.
“Products” shall include:

• all products, goods, services and advice provided by or on behalf of Hobeca to the Customer and shall include without limitation the supply of electrical products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of the same by Hobeca to the Customer;
• all products that are marked as having been supplied by Hobeca or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Hobeca; and
• all of the Customer’s present and after-acquired products that Hobeca has performed work on or to or in which goods, materials or services supplied or financed by Hobeca have been attached or incorporated.

TERMS OF CONTRACT

• Any order received by Hobeca from the Customer for the supply of Products shall be treated as incorporating these terms and conditions (as varied from time to time), notwithstanding anything to the contrary that may be contained in the Customer’s order, terms or other documents, and in the event that there is any inconsistency, these terms and conditions shall take precedence.
• The Customer acknowledges that the Customer is not relying upon any representations undertakings or warranties that may have been made by Hobeca except to the extent that they are expressly set out in these terms and conditions or expressly agreed in writing by Hobeca at the time of accepting the order (and not earlier), to be a variation to these terms and conditions.
• The Customer acknowledges that all descriptive specifications, illustrations, drawings, dates, dimensions or weights furnished by Hobeca or otherwise or contained in catalogues, price lists and other advertising matter of Hobeca are approximate only and are intended to be by way of a general description of the Products, and shall at all times also be subject to recognised tolerances. Where specifications, drawings or other particulars are supplied by the Customer, Hobeca’s price is made on estimates of quantities required. Should there be any adjustments in quantities above or below the quantities estimated by Hobeca and set out in a quotation, then any such increase or decrease shall be adjusted on a unit rate basis according to Hobeca’s unit prices then prevailing.

PRICE
The price for the Products shall be as indicated on invoices provided by Hobeca to the Customer in respect of Products supplied. Where no price has been agreed in writing prior to invoice, the Products shall be deemed to be sold at Hobeca’s then current “standard sale price” for the Product (ex Hobeca’s Auckland store) within the relevant territory, at the date of contract.
Hobeca’s prices include packing and packaging in accordance with Hobeca’s standard practice. The cost of any additional or other form of packing or packaging requested by the Customer or which may be deemed reasonably necessary by Hobeca on account of the nature of the Products shall be for the Customer’s account and shall constitute an additional charge to the Customer payable within the relevant invoice.
All prices are inclusive of GST, and are quoted ex Hobeca’s Auckland store.

PAYMENT
Payment for Products shall be made in full at the time of order, without counterclaim, setoff or deduction.
Any collection costs, disbursements and legal expenses (including solicitor/client costs) incurred by Hobeca in the enforcement of any rights contained in these terms and conditions shall be paid on a full indemnity basis by the Customer upon demand by Hobeca.
Payment shall not be treated as having been made until it is received by Hobeca in cleared funds.
Hobeca may in its discretion allocate any payment received from the Customer towards any invoice that Hobeca determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated.

DELIVERY AND RISK
All risk in the Products passes to the Customer on delivery.
Delivery of Products shall be treated as having been completed when Hobeca gives possession of the Products directly to the Customer or possession of the Products is given to a carrier, courier, or other bailee for purposes of transmission to the Customer or its nominee. Unless otherwise agreed in writing or where possession has been given directly to the Customer, delivery will be given from Hobeca’s Auckland store.
If any of the Products are damaged or destroyed following delivery but prior to title passing to the Customer, Hobeca is entitled to receive such amount of the insurance proceeds payable for the Products as is required to apply towards monies owing from the Customer to Hobeca. The production of these terms and conditions by Hobeca is sufficient evidence of Hobeca’s rights to receive the insurance proceeds without the need for any person dealing with Hobeca to make further enquiries.
Any time or date of delivery is an estimate only and while every reasonable effort will be made by Hobeca to tender delivery on or before the estimated delivery date Hobeca does not guarantee that delivery will take place on such estimated delivery date. Failure to deliver by the estimated delivery date shall not entitle the Customer to subsequently refuse to take delivery or to cancel any order or render Hobeca liable to the Customer for any damages.

TITLE
Notwithstanding that risk may have already passed to the Customer, title to the Products shall not pass to the Customer until:
the Customer has paid all amounts owing for the particular Products, and
the Customer has met all other obligations due by the Customer to Hobeca in respect of all contracts between the Customer and Hobeca.

LIABILITY
The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statues may imply warranties or conditions or impose obligations upon Hobeca which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Hobeca, Hobeca’s liability shall where it is allowed, be excluded or if it is not able to be excluded only apply to the minimum extent required by the relevant statute.
The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires products from Hobeca for the purposes of a business in terms of sections 2 & 43 of that statute.
Except as otherwise provided for Products not manufactured by Hobeca, the only warranty given shall be the current warranty provided by the manufacturer of the Products and the Customer accepts that warranty in place of any warranty from Hobeca. Hobeca shall be entitled to manage that warranty claim process but shall not otherwise be bound by nor be responsible for the manufacturer’s warranty. If any Products are found to have been dismantled, re-assembled or had repair work carried out by any other person or organisation, the manufacturer’s warranty will automatically be cancelled and repairs and rectification from that point on will be charged to the Customer.

Except as otherwise provided Hobeca shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of Products by Hobeca to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or other. In the event that Hobeca is found liable however, then Hobeca’s liability is limited to (at Hobeca’s option):

the replacement of such Products with products of comparable or superior quality; or
damages not exceeding the invoice value of such Products.

LOSS OR DAMAGE IN TRANSIT
Where delivery takes place at a place other than from Hobeca’s Auckland store, and only where Hobeca has agreed in writing to be responsible for carriage to the place of delivery, Hobeca agrees to repair or at its sole option to replace free of charge any Products lost or damaged in transit to the place of delivery provided always that written notice of such loss or damage is given to Hobeca no later than 3 days after the date of delivery or within such other period of time as will enable Hobeca to reasonably comply with the carrier’s conditions of carriage (if any) concerning loss or damage in transit (whichever period is the longer). In addition it is agreed and declared that;
Hobeca is not a common carrier; and
this condition limits the nature and extent of the liability of Hobeca to the Customer or to any other person that provides the sole and exclusive remedy of the Customer against Hobeca for or on account of such loss or damage.

COLLECTION AND USE OF INFORMATION
The Customer authorises Hobeca to:
collect, retain and use any information about the Customer (as the case may be), for the purpose of assessing marketing of products and services; and
to disclose information about the Customer, whether collected by Hobeca from the Customer directly or obtained by Hobeca from any other source, to any other credit provider or and credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection or notifying a default by the Customer or Guarantor.
Where the Customer is a natural person the authorities under clauses 13.1 and 13.2 are authorities or consents for the purposes of the Privacy Act 1993.

MISCELLANEOUS
Hobeca reserves the right to make partial deliveries of any Products to the Customer and to invoice such partial deliveries separately. Partial deliveries shall not entitle the Customer to cancel its order.
Notwithstanding that a sample of the Products may be exhibited to and inspected by the Customer, such sample will be exhibited and inspected solely to enable the Customer to judge for itself the quality of the bulk and not so as to constitute a sale by sample.
If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
All Products supplied by Hobeca are supplied subject to the laws of New Zealand and jurisdiction of the Courts of New Zealand.
Hobeca shall not be liable for any delay or other default due to any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond the reasonable control of Hobeca.
Failure by Hobeca to enforce any of these terms and conditions shall not be deemed to be a waiver of any of the rights or obligations Hobeca has under these terms and conditions and any obligation not to do anything shall be deemed to include an obligation not to suffer, permit or cause that thing to be done.
Where more than one Customer has entered into these terms and conditions, the Customer(s) will be jointly and severally liable.
Hobeca reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Hobeca notifies the Customer of such change. That change shall be deemed to have been accepted upon the Customer ordering further Products.