Download the warranty that applies to your product use. For more information on warranty replacements please contact us directly.
1. We warrant the Products against defects in materials or workmanship. The term of this warranty is five years from the date of delivery. Extended warranties are available for specialised products and solutions.
2. This warranty assumes correct installation and normal conditions of use and maintenance but does not cover normal wear and tear. This warrant does not cover deterioration due to abuse, mistreatment, natural disasters (eg. fire, flood), exposure to harmful chemicals or environments or any other use or exposure not recommended in our Product literature. In particular, this warranty is void in the following circumstances:
3. If you have a claim that, in our reasonable judgement, satisfies the terms of this warranty, we shall replace the defective product (material only).
4. This is an express warranty. It is your sole and exclusive remedy. We disclaim any other express or implied warranties, including warranties of merchantability or fitness for purpose, to the maximum extent permitted by law. Under no circumstances shall we accept liability for any injury to persons, damage to property, loss of profits, loss of operations or other direct, indirect, special, incidental, or consequential losses, costs and damages whether incurred by you, your guests, licensees, invitees or other third parties. Our liability under any circumstance, whether in contract, tort or otherwise, shall not, in the aggregate, exceed the price that you paid for the Products.
5. Some states and territories do not allow certain disclaimers, limitations or exclusions in warranties. Therefore, the above disclaimers, limitations and exclusions may not apply to you. This warranty gives you specific legal rights. You may have other rights or remedies pursuant to the laws of your state or province. Nothing in this limited warranty should be construed as limiting or restricting any other right or remedy available to you, except as allowed by the law in your state or province.
1.1 “Conditions” means these Conditions of Sale.
1.2 “Contract” means any agreement pursuant to which we agree to supply the Products to you. A Contract may arise in different ways such as when we issue a purchase order confirmation to you or when you accept a sales quotation submitted by us.
1.3 “Products” means the products that we are selling to you and products that are that are the
subject of a Contract.
2.1 All sales by us to you shall be subject to these Conditions.
2.2 These Conditions supersede any other terms and conditions in conflict therewith, including those on your purchase order form, if any. However, any special conditions contained in a Contract shall supersede these Conditions.
2.3 Your receipt of the Products shall constitute your acceptance of these Conditions.
2.4 To modify these Conditions, both parties must sign an agreement to that effect.
2.5 Our agents and representatives have no authority to make any representations, statements, warranties, conditions or agreements that conflict with these Conditions. Any such unauthorised representations, statements, warranties, conditions or agreements shall not bind us nor shall they form a part of the Contract.
2.6 Unless otherwise stated in the Contract, the price of the Products does not include any applicable
3.1 Unless credit terms have been separately agreed in writing, payment must be made by credit card or bank transfer into our account prior to despatch. We will send you a copy of the invoice on receipt of your signed order confirmation.
3.2 Credit terms will only be considered on completion of an Account Application.
3.3 You shall not withhold payment, make deductions, or apply off sets unless you obtain our written consent beforehand.
4.1 Unless otherwise stated in the Contract, the price excludes delivery.
4.2 We shall deliver the goods at our risk and cost to the site that you nominate. Risk of loss or damage to the Products shall pass from us to you upon delivery to the site that you nominate.
4.3 By prior agreement with you, we may make partial shipments or split deliveries. We shall mutually agree who will bear any extra costs resulting from partial shipments or split deliveries.
5.1 If we are delayed because of any act, omission, default or request by you, we may, in our discretion and without prejudice to our other rights, demand partial payment of the Contract price equal to the value of the work performed. We may also recover our reasonable costs and expenses incurred as a result of such delay.
5.2 If such delay continues beyond a reasonable time, we may, in our discretion and without prejudice to our other rights, cancel the Contract.
6.1 We warrant that the Products will comply with the then current product specifications for those Products as set out [on the Company's website] for a period of 5 years from the date of despatch of the Products from the Company's premises.
6.2 On condition that you give us written notice of any defect in material and workmanship within 5 working days from the date of its appearance, and, if we so request, provide us with proof of such defect, we will in our sole discretion repair or replace the defective Products in question at our own cost and expense, including the cost of re-delivery of any replacement Products, but shall have no other liability whatsoever to you with respect to such Products.
6.3 This warranty does not apply:
6.3.1 If you have, without our prior written approval, attempted to repair or dismantled or in any other manner tampered with the product.
6.3.2 If the Products have not been installed in accordance with our Installation Instructions.
6.3.3 If the Products have been used in a manner contrary to or outside their stated specifications (including its product or installation specifications) or other instructions, including: In detrimental environmental or other conditions; or in a manner likely to cause excessive wear and tear; or not having been appropriately charged by light prior to use in darkened conditions.
6.4 You must examine the Products immediately following your receipt of the Products. If you have any claim for short count, or for breach of the warranty in paragraph 6.1 above, which should have been obvious on examination, then, you must give us notice within 5 days of the date you take possession of the Products, or they are deemed to have been received complete and in good order. Payment for the Products may not be withheld pending such examination.
6.5 Except as expressly set out in the warranty given pursuant to paragraph 6.1, and to the extent permissible at law, we exclude all other liability whatsoever we may have in respect of the Products or to you. This exclusion applies for the benefit of all of our employees and contractors and to everyone else for whom we are responsible. None of them are liable to us or have to pay us for anything that any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by this agreement. This exclusion applies whatever you are claiming for, and however liability arises or might arise if it were not for this clause.
6.6 You expressly acknowledge that the provisions of this warranty are reasonable and that you are estopped from claiming the contrary at any future date in the event of any dispute with us.
6.7 Some states and provinces do not allow certain disclaimers, limitations or exclusions in warranties. Therefore, the above disclaimers, limitations and exclusions may not apply to you. This warranty gives you specific legal rights. You may have other rights or remedies pursuant to the laws of your state or province. Nothing in this limited warranty should be construed as limiting or restricting any other right or remedy available to you, except as allowed by the law in your state or province.
7.1 Either party may cancel a Contract if the other party has committed a material breach and fails to cure such breach within 30 days after notice thereof. Otherwise, this Contract is non-cancellable.
8. FORCE MAJEURE
8.1 We shall not be liable for any total or partial failure or delay in delivery resulting from circumstances beyond our reasonable control. Such circumstances include, without limitation: Unavoidable delays in production; delays by suppliers; shortages of raw materials; delays caused by you; strikes and labour unrest; shipping delays; delays in procuring any required import/export documentation or customs clearance; war; government intervention; fire; flood; accident; natural disaster; or any other event commonly referred to as an "Act of God".
8.2 We shall use all reasonable endeavours to meet the delivery dates specified in the Contract. However, time is not of the essence of the Contract.
9.1 The Products comply with some building codes and/or other standards. Please check our website for further information. It is your responsibility to ascertain whether the Products need to comply with any other building code requirements, regulations, local ordinances or standards.
10. GOVERNING LAW
10.1 The laws of New Zealand shall govern all Contracts between us.
10.2 You submit to the non-exclusive jurisdiction of New Zealand courts.
Ecoglo is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and up-to-date.