privacy policy<\/span><\/a>.<\/p>\n <\/p>\n
C. Delivery & Returns<\/h3>\n
10. Delivery<\/b><\/p>\n
At this time, Hussmann only delivers within Australia and New Zealand. Enquiries for deliveries can be made outside those regions and will be tasked to the appropriate Hussmann business.<\/p>\n
The delivery times provided by Hussmann are estimates only. You are not relieved of any obligation to accept delivery of or pay for Goods because of a delay in delivery. Hussmann will make all reasonable efforts to deliver the Goods to you at the time and on the date agreed as the delivery date, however, time is not of the essence under these Terms and, except where Hussmann has an obligation under the New Zealand Consumer Law, Hussmann is not liable for any failure to deliver or delay in delivery for any reason including, without limitation, where an event beyond our reasonable control occurs (such as a result of any strike, trade dispute, fire, tempest, theft, breakdown, epidemic, pandemic, government directive, court order, or similar). You agree that Hussmann is not liable to you for any cost, expense, loss or damage arising out of such a delay in delivery or a failure in delivery.<\/p>\n
If the option for customer pick-up is available for Goods you wish to order, pick-up can be arranged from our nominated warehouse locations at no additional cost to you. Hussmann is not liable to you for any failure to collect the Goods or delay in collection when you elect to pick up Goods from our warehouse locations yourself. If you fail to collect the Goods within a notified collection period, Hussmann may (at our election) ship those Goods to your nominated contact address at your cost, or refund payment received in respect of the Goods, in which case we cannot guarantee that replacement Goods will be available.<\/p>\n
<\/p>\n
11. Title and risk<\/b><\/p>\n
Risk in the Goods will pass to you on delivery of the Goods unless otherwise agreed in writing.<\/p>\n
Title in the Goods will remain with Hussmann and pass to you only on payment of the Price, as well as all other amounts owing to Hussmann by you, in full. You will hold the Goods (including where they have been converted or changed by any process) as bailee and agent for Hussmann unless and until payment in full is received.<\/p>\n
Until title to the Goods passes to you upon payment in full of all Prices owing to Hussmann for all Goods supplied, you must:<\/p>\n
(a) subject to paragraph (b) below, store the Goods separately and in such a manner that they are clearly identified as the property of Hussmann and ensure that the Goods are properly stored, protected, readily identifiable and insured;<\/p>\n
(b) only sell the Goods, where onsale has been permitted by Hussmann, in the ordinary course of your business (which does not include sale for less than cost or on conditions); and<\/p>\n
(c) hold and agree to hold the proceeds of any sale or lease of, or other dealing with, the Goods for Hussmann in a separate bank account with a bank over which the you have not given any security.<\/p>\n
In addition to any rights Hussmann may have under the\u00a0<\/span>Personal Property Securities Act 2009\u00a0<\/span><\/i>(Cth) (\u201cPPSA<\/b>\u201d) or any equivalent applicable law, Hussmann is entitled at any time until title in and to the Goods passes to you to demand the return of the Goods and shall be entitled without notice to you and without liability to you to enter, or cause Hussmann\u2019s agent to enter, any premises occupied or controlled by you (or any other premises where you are holding the Goods) in order to search for and remove the Goods. For that purpose, you irrevocably grant a license to Hussmann to enter such premises (including via an agent) and indemnify Hussmann from and against all loss, cost, damage, or claim suffered or incurred by Hussmann as a result of exercising its rights under this \u201cTitle and Risk\u201d section.<\/p>\nTo the extent permitted by applicable law, if there is any inconsistency between Hussmann\u2019s rights under this \u201cTitle and Risk\u201d section and its rights under the PPSA or any equivalent applicable law, this \u201cTitle and Risk\u201d section prevails.<\/p>\n
You grant to Hussmann, and acknowledge and warrant that Hussmann has and may perfect, an enforceable security interest, lien, and\/or charge (which may be registered in any jurisdiction where applicable law permits or requires registration of such interests) in the Goods and any proceeds of the sale of the Goods to secure payment of all applicable Prices until title passes in accordance with this \u201cTitle and Risk\u201d section. You acknowledge that these Terms contain and evidences the entire agreement between you and Hussmann in respect of the foregoing grant of security interest (and you will otherwise promptly notify Hussmann as to any relevant formalities which are required to be observed under applicable law for the purpose of enforcing that security interest) and agree to do anything requested by Hussmann or reasonably necessary to register, perfect and enforce Hussmann\u2019s security interest, lien and\/or charge and (to the extent permitted by applicable law) waive any rights you may have to receive notice of perfection or registration (if any).<\/p>\n
<\/p>\n
12. Repairs, Refunds and Returns<\/b><\/p>\n
If you have received a product which you believe is faulty, please contact our Customer Support to arrange a refund, replacement or repair at\u00a0<\/span>marketing_oceania@hussmann.com<\/span>. If a Warranty applies to your product. that Warranty applies in addition to your rights under the New Zealand Consumer Law as contemplated below and does not replace or exclude any of those rights.<\/p>\nReturned products must be in as new condition (except to the extent they are faulty) and sent to the return address indicated on your Order or shipping confirmation. We recommend sending returns via registered post or courier as we do not accept responsibility for lost items.<\/p>\n
Where Goods are faulty, Hussmann may (at its sole discretion): (i) refund the Price paid for the Goods (including a partial refund); (ii) replace the Goods; (iii) have the Goods repaired; or (iv) pay the cost of having the Goods replaced or repaired (see section 16 \u2013 \u2018Our Liability to You\u2019 for more detail).<\/p>\n
The Hussmann returns policy (as set out here or elsewhere on our website) does not seek to limit your rights and Hussmann\u2019s rights and obligations under the non-excludable provisions of the New Zealand Consumer Law (contained in Schedule 2 of the\u00a0<\/span>Competition and Consumer Act 2010\u00a0<\/span><\/i>(Cth)).<\/p>\n <\/p>\n
13. Purchase and Installation of Commercial Goods<\/b><\/p>\n
If you are purchasing Goods from our website that are intended for industrial or commercial use, the installation and use of those Goods may be subject to local, state and federal laws, regulations and standards. It is your responsibility to familiarise yourself and comply with all laws, regulations and standards that might be applicable to your purchase, possession, transportation and installation of those Goods. By placing your Order with us, you are agreeing and representing to us that: (i) delivery of the Goods specified in your Order to the delivery address provided and installation of the Goods will comply with all applicable laws; and (ii) you will hold Hussmann and its officers, directors, employees, suppliers, and contractors harmless for your failure to comply with these and all legal requirements.<\/p>\n
<\/p>\n
D. General<\/h3>\n
14. PROMOTIONS<\/b><\/p>\n
(a) Promotions, discounts and promotional codes (collectively \u201cPromotions<\/b>\u201c) are valid for the specified time period for online purchases of Goods only and may be used one time only unless otherwise stated.<\/p>\n
(b) One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.<\/p>\n
(c) Promotions do not apply to gift certificates, GST or duties or similar services.<\/p>\n
(d) Promotions do not apply to shipping unless expressly stated otherwise.<\/p>\n
(e) Promotions cannot be applied retroactively to previously placed Orders or to Orders that have been adjusted.<\/p>\n
(f) For Promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.<\/p>\n
(g) For Promotions where you must buy 1 (or more) item(s) to get a reduction on the second (additional) item(s), the discount will be applied at checkout to the lower priced item.<\/p>\n
(h) If Goods were purchased with a Promotion and subsequently returned, you will be issued a credit or refund at the promotional price and, if the Promotion has expired, it cannot then be applied to a replacement or future Order.<\/p>\n
(i) If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future Order.<\/p>\n
(j) Promotional items are available only while supplies last; Hussmann does not issue rain-checks for items that run out of stock.<\/p>\n
(k) Hussmann, at its sole discretion but subject to applicable law, can extend or terminate a Promotion at any time.<\/p>\n
(l) Hussmann has no obligation to advise an entrant of an incomplete or incorrect entry and will not be accountable for the return of any item Ordered incorrectly.<\/p>\n
(m) Please note discount coupons are valid for non-sale items only and cannot be used during sale periods.<\/p>\n
(n) By claiming a promotional offer on your Order, you agree that you have understood the terms and conditions of that promotion.<\/p>\n
<\/p>\n
15. Change & Access<\/b><\/p>\n
Hussmann does its best to provide current and accurate information on the website but things sometimes change, and so we may need to update or remove statements and representations made on the website from time to time.<\/p>\n
The website will usually be available 24 hours a day, seven days a week. Sometimes, however, the website may be unavailable while we conduct maintenance, or for technical or other reasons. We will try to give you notice before any planned outages, and keep interruptions to a minimum, but we are not responsible for any delay, loss, or other damage you might suffer as a result of any error or interruption in accessing our website.<\/p>\n
This website uses cookie technology in order to provide information and services to website visitors. Cookies are pieces of information that a website transfers to your computer\u2019s hard disk for record keeping purposes and are a necessary part of facilitating online transactions. Most web browsers are set to accept cookies. Cookies are useful to estimate our number of users and determine overall traffic patterns through our website. If you do not wish to receive any cookies you may set your browser to refuse cookies, however you will not be able to take full advantage of the services available on our website.<\/p>\n
You are not allowed, without our prior written consent, to frame, deep link, mirror or retransmit any part of the website or its content, or quote or use whole or parts of the website or its content in a third-party website. If you are interested in linking to our website, please contact us at\u00a0<\/span>marketing_oceania@hussmann.com<\/span>.<\/p>\nThis website may contain links to other websites which are owned by third parties, such as our partners and supporters. These links are provided solely for your convenience and are not an indication that Hussmann endorses the products or services that are provided by that website. When accessing third party sites and using those products and services you agree and undertake to do so at your own risk.<\/p>\n
<\/p>\n
16. Our Liability To You<\/b><\/p>\n
We do not promise that the content on this website (or your access to it) will be uninterrupted or error-free, that any defects will be corrected, or that the website or content are free of viruses or any other harmful components. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the website or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.<\/p>\n
Hussmann and its related entities will not be liable to you, whether in contract, tort (including negligence) or otherwise for any economic loss, loss of profit, business, goodwill, revenue, customers, capital, reputation, data, anticipated savings or benefits or any other damages such as indirect, incidental, special, punitive, consequential or similar damages arising from your use of this website or its content or services, or from the purchase or supply of any Goods.<\/p>\n
Subject to the non-excludable provisions of the New Zealand Consumer Law (contained in Schedule 2 of the\u00a0<\/span>Competition and Consumer Act 2010\u00a0<\/span><\/i>(Cth)) and any other non-excludable term implied by law, this website and all of Hussmann\u2019s Goods and services are provided on an \u201cas is\u201d basis without warranties of any kind (save as expressly provided by us in writing), and Hussmann excludes all warranties, representations, and liability of any kind (including in negligence) in connection with the website, or any goods or services advertised or offered for sale via the website. To the maximum extent permitted by law, where any liability of Hussmann cannot be excluded, we limit that liability (at our election):<\/p>\n(a) in respect of any damaged or defective Goods or services provided to you by Hussmann to: (i) repairing any Goods; (ii) replacing any Goods or services provided to you by Hussmann; or (iii) payment of the cost of having the Goods or services repaired or resupplied; and<\/p>\n
(b) otherwise, to payment in the amount of AUD$10.<\/p>\n
<\/p>\n
17. Your Liability To Us<\/b><\/p>\n
You are liable and solely responsible for:<\/p>\n
(a) any Content you submit via the website;<\/p>\n
(b) your breach of any person\u2019s intellectual property rights (including those of Hussmann or its manufacturers and suppliers);<\/p>\n
(c) your breach of these Terms or any other agreement with us; and<\/p>\n
(d) your breach of any applicable law.<\/p>\n
You agree to indemnify Hussmann (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (\u201cIndemnified Parties<\/b>\u201d) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Indemnified Parties and arising in any way from any of the matters set out in paragraphs (a) \u2013 (d) above.<\/p>\n
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claims.<\/p>\n
<\/p>\n
18. Legal<\/b><\/p>\n
(a) We have tried to make the wording of these Terms clear and easy to read, but the law (and our lawyers!) require some things be said in a certain way. If you read something in these Terms that you are not sure about, then please seek independent advice.<\/p>\n
(b) These Terms are governed by the laws in force in New Zealand. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and any courts which may hear appeals from those courts.<\/p>\n
(c) Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce any rights under these Terms does not constitute waiver.<\/p>\n
(d) We may from time to time make changes to these Terms, and it is your responsibility to ensure that you check these Terms each time you visit our website. Your continued use of this website means that you have accepted any changes we have made.<\/p>\n
<\/p>\n
Contact us<\/b><\/p>\n
Please feel free to\u00a0<\/span>contact us\u00a0<\/span><\/span>if you have any questions about these Terms.<\/p>\nLast updated:\u00a0<\/span><\/i><\/b>June 2020<\/i><\/p>\n[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"
Hussmann New Zealand Terms of Use
\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t<\/ol>\n\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t<\/div> Welcome to the Hussmann New Zealand website, which is provided to you by Hussmann New Zealand Pty Limited (ABN 59 002 366 887) (\u201cHussmann\u201d, \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d). Your use of this website is governed by the policies, terms, and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"difl_page_category":[],"acf":[],"yoast_head":"\nWebsite Terms of Use - McAlpine Hussmann<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/mcalpinehussmann.co.nz\/website-terms-of-use\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Website Terms of Use - McAlpine Hussmann\" \/>\n<meta property=\"og:description\" content=\"Style 1Style 2Style 3Style 4Style 5Style 6Style 7Style 8Style 9Style 10\" \/>\n<meta property=\"og:url\" content=\"https:\/\/mcalpinehussmann.co.nz\/website-terms-of-use\/\" \/>\n<meta property=\"og:site_name\" content=\"McAlpine Hussmann\" \/>\n<meta property=\"article:modified_time\" content=\"2023-04-03T08:19:36+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/mcalpinehussmann.co.nz\/wp-content\/uploads\/2022\/11\/cropped-limited-time-sale.png\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/mcalpinehussmann.co.nz\/website-terms-of-use\/\",\"url\":\"https:\/\/mcalpinehussmann.co.nz\/website-terms-of-use\/\",\"name\":\"Website Terms of Use - 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