Terms & Conditions

13th May 2011

Unless the customer has another valid written agreement with South Pacific Avionics Ltd, the following terms and conditions of online sales apply to and govern all sales made through the South Pacific Avionics Ltd Online Store (http://www.avionics.co.nz)

By purchasing products through the South Pacific Avionics Ltd Online Store, you agree to the terms below.

1. Definitions

"Business Day" means Monday through to Friday, excluding public holidays in New Zealand. "Delivery" means standard South Pacific Avionics Ltd shipping to, and arrival at, the delivery address specified in your order form (which delivery address must comply with clause 4(b) below).

"Products" means any products and or accessories that are determined by South Pacific Avionics Ltd to be available for purchase from the South Pacific Avionics Ltd Online Store at the time of your order.

"Shipment" means the period from the time the Product is ready to be loaded on transport for the purpose of Delivery, until the Delivery of the Product.

"You" means the purchaser of the Product, as identified in the South Pacific Avionics Ltd login form on the South Pacific Avionics Ltd Online Store.

2. Product Prices

Product prices are given exclusive of GST and Delivery charges.  NZ GST will be added to orders (if applicable) at the Checkout stage of the order process.  Delivery charges will also be added to orders at the Checkout stage.  

All payments will be processed in New Zealand Dollars.  The prices shown in USD are approximate only!!  USD prices are based on advertised exchange rate figures from the National Bank Of New Zealand Ltd and are only intended as a guide.  Please be aware that credit card companies and banks have different exchange rates and processing fees, your credit card will be charged in New Zealand Dollars, your card issuing company will convert this to your local currency using their advertised rates schedule, this is beyond the control of South Pacific Avionics Ltd.

South Pacific Avionics Ltd reserves the right to correct the price at any time prior to Delivery where there has been a typographical or other error in the advertised price. South Pacific Avionics Ltd will notify You of the corrected price. You may choose to pay the corrected price, however if You do not choose to pay the corrected price, South Pacific Avionics Ltd shall have the right to cancel your order and refund any amounts you have paid to South Pacific Avionics Ltd for the relevant Product without further obligation to You.

3. Orders

All orders are subject to acceptance by South Pacific Avionics Ltd, as evidenced by South Pacific Avionics Ltd's acknowledgment as an automatically generated receipt from the website . South Pacific Avionics Ltd reserves the right to restrict the number of items that You may purchase. The Products are offered for sale only to persons who can make legally binding contracts.

South Pacific Avionics Ltd will make reasonable efforts to process the payment of Your order within 1 (one) Business Day of receiving Your order. Orders placed on the weekend or on a public holiday will not begin payment processing until the next Business Day.

South Pacific Avionics Ltd reserves the right to discontinue Products without notice. If your order is for a Product that has been discontinued or is out of stock, South Pacific Avionics Ltd will notify You and offer the option of a substitute Product (which may be a different price) or cancellation of Your order. If you choose to take a substitute Product, you order will be amended and a new acknowledgment will be sent to you by South Pacific Avionics Ltd.

Due to the highly specialised and complex nature of some aviation products, certain systems can only be installed by approved installation agencies or dealers.  Where this is the case, your order will not be processed until we have been able to contact you and determine which approved organisation is completing the installation.

4. Delivery

Provided your delivery address complies with clause 4(b), South Pacific Avionics Ltd will make reasonable efforts to deliver Your Products within 14 days, or the time stipulated in Your order form or otherwise notified by South Pacific Avionics Ltd. If South Pacific Avionics Ltd is unable to deliver Your products within the specified time for any reason, it will notify you of any expected delay and offer the option of a substitute Product (which may be a different price)./ or a refund of the payment made. If You choose to take a substitute Product, Your order will be amended and a new acknowledgment will be sent to you by South Pacific Avionics Ltd. Order status can be checked by logging in with your account information onto the online shop, If You have any additional queries regarding your order please contact South Pacific Avionics Ltd New Zealand Ltd Sales Support on 09 298 1373.

South Pacific Avionics Ltd will only deliver to an address within New Zealand. South Pacific Avionics Ltd will not deliver to PO boxes unless prior approval has been obtained from the management of South Pacific Avionics Ltd.

5. Shipment and Risk of Loss

South Pacific Avionics Ltd will ship according to its standard commercial practice. Risk of loss and damage to all Products will pass to You upon Delivery. Title to all Products will pass to You upon the later to occur of Delivery and when payment in full has been received from You for the Products.

6. Freight Damage Notification

Notice of transit damage must be made to South Pacific Avionics Ltd Sales Support on 09 298 1373 within 48 hours of receipt of the Product.

7. Cancellations, Returns and Refunds

In addition to the mandatory statutory rights available to customers under the Trade Practices Act 1974 and other applicable consumer laws, South Pacific Avionics Ltd will issue You a refund if South Pacific Avionics Ltd has provided its written consent and:

the order is cancelled prior to the Shipment of the Product; or

the Product is returned within 30 days of purchase without being opened or damaged and in a re-saleable condition. Collection charges apply depending on the date and place of collection. South Pacific Avionics Ltd may deduct collection charges from the amount to be refunded. Products or parts will not be accepted for return or credit without South Pacific Avionics Ltd's written consent.

8. Privacy

South Pacific Avionics Ltd will collect, use and disclose personal information provided or collected through or in connection with the South Pacific Avionics Ltd Online Store in accordance with the South Pacific Avionics Ltd Privacy Policy, available from http://www.avionics.co.nz:

You should read the Privacy Policy and make informed decisions about your personal information.

You agree to South Pacific Avionics Ltd collecting, using and disclosing personal information provided or collected through or in connection with the South Pacific Avionics Ltd Online Store in accordance with the South Pacific Avionics Ltd Privacy Policy.

If you provide personal information about someone else, you must ensure that they are aware of the South Pacific Avionics Ltd Privacy Policy and agree to South Pacific Avionics Ltd collecting and handling their personal information in accordance with the policy.

9. Payment

Payment must be made in full using the South Pacific Avionics Ltd Online Store approved electronic payment system at the time of placing Your order. Incomplete or partial payment will not be accepted.

10. Our Liability To You: Warranty Limitation of Liability

South Pacific Avionics Ltd acknowledges that certain laws, particularly the the Trade Practices Act and other applicable consumer laws, imply terms, conditions or warranties into contracts for the supply of goods or services that cannot be excluded. For example for consumers:

goods come with a non excludable warranty that they are of merchantable quality and are reasonably fit for purpose and services come with non-excludable warranties that they will be provided with due care and skill and are reasonably fit for their purpose; and

goods come with a non excludable right that they are not defective such that consumers may suffer injuries.

This clause 10 is not intended to exclude or restrict the application of such laws.

If South Pacific Avionics Ltd receives notice of faults due to a manufacturing fault during the product manufacturers advertised warranty period, South Pacific Avionics Ltd will repair or replace Products at its option, at no charge. If South Pacific Avionics Ltd is unable to repair, replace or correct a defect in a Product to a condition as warranted, you will be entitled to a refund of the purchase price upon prompt return of the Product to South Pacific Avionics Ltd. This warranty excludes damage caused by misuse, neglect, shipping accident, incorrect installation, no fault found with the Product or work carried out by anyone other than an authorised South Pacific Avionics Ltd Service Agent.

South Pacific Avionics Ltd will replace or issue a refund for any product purchased from this website, at our option, at no charge, if found to be inadvertently misrepresented due to error in detail or specifications.

You must provide evidence of purchase in the form of your receipt to authenticate your warranty.

Without limiting clause 10 a) above:

South Pacific Avionics Ltd or any of its officers, employees or agents shall have no liability
or responsibility to You in contract, tort, statute or otherwise for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from:

Your purchase, Delivery or use of the Product; or

Your use of the South Pacific Avionics Ltd Online Store or any linked web site (nor does South Pacific Avionics Ltd accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the South Pacific Avionics Ltd Online Store or any linked web site),
save to the extent that such loss, claim or injury arises from the negligence or wilful misconduct of South Pacific Avionics Ltd, or any of its officers, employees or agents; and

South Pacific Avionics Ltd or any of its officers, employees or agents will not be liable for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising from the misuse, neglect, shipping accident, incorrect installation, or work carried out by anyone other than an authorised South Pacific Avionics Ltd Service Agent on the Product, including the use of the Product other than according to its written instructions and any product safety labeling or warnings provided with the Product.

11. Customer Service Support

If You have any queries regarding your South Pacific Avionics Ltd Online Store purchase order, Your Product or warranties, returns or refunds, or if you need support for your Product, please contact South Pacific Avionics Ltd Sales Support on 09 298 1373.

12. General

These South Pacific Avionics Ltd Online Store Terms and Conditions, and any disputes arising in connection with them, are governed by the laws of New Zealand.

South Pacific Avionics Ltd will not be liable for any performance delays or for non-performance of any obligation under these terms and conditions due to causes beyond its reasonable control, including forces of nature, industrial action and action or inaction by a Government Agency.

You must not assign any of your rights or obligations under these South Pacific Avionics Ltd Online Store Terms and Conditions without the prior written consent of South Pacific Avionics Ltd.

Provisions of these South Pacific Avionics Ltd Online Store Terms and Conditions which by their nature extend beyond the conclusion or termination of any sale will remain in effect until fulfilled.

These South Pacific Avionics Ltd Online Store Terms and Conditions and any additional terms referred to and hyperlinked within these Terms and Conditions, constitute the entire agreement between South Pacific Avionics Ltd and You. Any previous understandings, agreements, representations or warranties between South Pacific Avionics Ltd and You relating the transactions hereunder are replaced by these Terms and Conditions and have no further effect.

Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.

Your purchase of the Products will constitute your acceptance of these South Pacific Avionics Ltd Online Store Terms and Conditions. The Online Store Terms and Conditions are effective as at the date specified above and may be amended by South Pacific Avionics Ltd from time to time. Amendments to these South Pacific Avionics Ltd Online Store Terms and Conditions will be published on the South Pacific Avionics Ltd website: http://www.avionics.co.nz

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