Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods and services you buy.
The company providing the service on this website is Fusion Automation Ltd (Company number: 6310192, NZBN: 9429046188632)
These are called ‘consumer guarantees’, and include the following:
- a guarantee that the goods are of acceptable quality, such that the goods are:
- fit for all the purposes for which goods of that type are commonly supplied;
- free from minor defects;
- durable; and
- acceptable in appearance and finish;
- a guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
- a guarantee that the goods correspond with any description with which the goods are supplied; and
- a guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.
If the goods or service we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.
These guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.
The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.
It is Fusion Automation ltd policy to only accept returns unopened in its original packaging. Fusion Automation reserves the right to request that the products are returned to base for maintenance and repairs.
Terms and Conditions:
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE FUSION AUTOMATION LTD WEBSITE. IT EXEMPTS FUSION AUTOMATION LTD AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
- “Seller,” “we”, “us” and “our” refers to Fusion Automation Ltd.
- “Buyer,” “you,” and “user” refers to any legal entity purchasing from the seller.
- Fusion Automation Ltd offers this website, including all information and products available from this site to you upon your acceptance of all terms, conditions, policies and notices stated here.
- YOUR ACCEPTANCE OF THIS AGREEMENT
- 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 & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- ORDERING AND FORMATION OF CONTRACT
- Contract formation
The seller’s website, the information on it and any information in emails and other forms of advertisement constitute an invitation to treat and not an offer to supply products. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.
- Images are for illustrative purposes only. Descriptions and illustrations at times maybe incorrect. The order confirmation will confirm items bought and contracted into.
- Order Process:
The buyer may order products from the seller by completing and submitting the checkout process on the seller’s website or in store. The buyer must provide all required information (including name, email address, and payment details) or the seller may not be able to process the buyers order.
- We cannot guarantee that certain products will always be available when you place your order, but if your order cannot be filled immediately you can withdraw your order. We reserve the right to limit the number of sale items purchased per customer.
- The sellers discretion in rejecting orders:
No order shall be deemed accepted by the seller until the seller has sent the buyers order. The seller reserves the exclusive right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by the buyer. If the seller rejects the buyers order (or part of the order), any money paid by the buyer in relation to the rejected part of that order shall be refunded and the seller shall have no further liability to the buyer in relation to the rejected part of that order.
- Depending on where items are shipped, applicable chargers or adapters (complimentary) are provided. Documentation may not be in English, we will provide a PDF or copy of the English manual.
- CONSUMER GUARANTEES ACT 1993
- In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 (“the Act”) then;
- Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
- In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser’s rights under the Act, to the intent that no provisions shall any way limit the purchaser’s rights under the Act.
- PAYMENT AND PRICES OF GOODS
- The prices for the products are stated and are payable in New Zealand dollars (NZD).
- We accept Visa, MasterCard
- We may call you to confirm your purchase.
- In the context of your Transactions, unless otherwise specified, where your Home Country is New Zealand, we will assume that You (as purchaser of the Transactions) are either not registered for GST under the Good and Services Tax Act 1985.
- Bank Deposit orders are not for any testing or otherwise misuse, each order that uses bank deposit and selects these terms and conditions but later cancels the order or fails to pay, may be liable for action under Contract Law.
- DELIVERY, CANCELLATION, RETURNS
- Delivery (In conjunction with note 8 below)
i. We will make every effort to ensure delivery of goods or performance of services is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. All claims for shortage or damage during delivery must be made to the carrier within seven days of the date of delivery. Delivery shall be made at the place indicated in the contract.
- We will take all reasonable steps to make delivery at the time requested by the Customer but shall not be responsible for any loss whatsoever sustained by the Customer for delay in delivery.
iii. Delivery will usually take 2-7 business days.
- All Orders will be processed within 1-5 business days, we will email you if we cannot deliver within the recommended timeframe.
- Our shipping policy excludes courier delays
vi: Shipping is without insurance and at limited to the Courier’s terms and conditions, Fusion Automation Ltd will not be liable for any lost, damaged or delayed items.
vii: Fusion Automation Ltd is responsible for any import of goods as well as all fees and taxes in connection therewith.
- We reserve the right to cancel any order
i. Please note that according to the Ministry of Consumer Affairs, we do not have to give you a refund if you change your mind or just did not like the goods or they did not suit you, so please choose carefully. If the goods are faulty we will meet our obligations under the Consumers Guarantees Act to provide a remedy.
- Where the item is defective on arrival it must be returned in factory default condition with ALL contents of the package in factory condition, only then will we refund or replace the item(s).
iii. Shipping for returns is at your cost, we do not offer refunds on shipping.
- 14 days returns as per our returns & Shipping guide
- Return shipping fee will not be reimbursed.
- Items are QC checked prior to shipment.
a. All items are return to base warranty only so we can assess the item and provide remedy.
- Warranty on all products are one year only.
- We will repair the item where applicable. Out-of-warranty hardware repair costs are the sole responsibility of the user and you are responsible for any shipping costs associated with warranty repairs.
- Any recovery task (whether or not attempted by us) to restore the System to its original default settings may destroy some or all data, settings and software on the System and that this scope of service has given me sufficient notice of such risk. Please ensure you have a backup of your data, we will not be responsible for any lost data.
- End-user purchaser also bears full responsibility (1) to protect his/her System against viruses, Trojans, worms and other harmful software programs (and that regular updating of anti-virus software is essential), and (2) for any unauthorized and/or unsupervised use of his/her System. Physical and Liquid damage by customer will not be covered by warranty.
- Devices sold by Fusion Automation will not work with overseas system that has overseas frequencies
- If we cannot repair you may get a replacement or refund which will be determined by us.
- Items are QC checked prior to shipment.
- SHORTAGES, DAMAGES OR LOSS IN TRANSIT
- Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim. Generally, shipping is without insurance and at limited to the Courier’s terms and conditions. Fusion Automation Ltd will not be liable for any lost, damaged or delayed items.
- Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
i. Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier’s note has been received.
ii. Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
iii. Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
- No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.
- FORCE MAJEURE
a. The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
- CHANGES TO THIS AGREEMENT
a. The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller’s website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.