Surplus HEVAC and Component Parts sales
1.
Introduction
These terms and conditions (T&Cs) contains the terms that Surplus Hevac Limited (Surplus Hevac) provides access to its website (Website). By registering with Surplus Hevac and / or using its Website you accept these T&Cs.
Surplus Hevac provides a Website to introduce people and companies (Participants) who want to buy and sell new heating ventilation and air conditioning equipment (Equipment). Selling Participants will advertise their Equipment (Adverts) on the Website to Participants interested in buying the Equipment. Where an offer in an Advert is accepted by a buying Participant, a contract will be formed directly between the buying Participant and the selling Participant.
2.
Participants responsibilities and conduct
Participants may only register if they are resident in New Zealand and can form a contract that is legally enforceable. Any Participant that is not a corporate entity must be at least 18 years old. By registering as a Participant, you warrant that you can form a legally binding contract. Participants’ cannot be transferred.
All Equipment sold by the Participants must be new, unused and in good condition. Second hand Equipment must not be advertised or sold on the Website.
All Participants warrant that the information they provided is accurate and complete. Participants must keep their information current at all times. Surplus Hevac may seek to verify these details if it desires too.
Surplus Hevac can decline to register, or can terminate any Participants’ membership at its sole discretion. Surplus Hevac may terminate any Participants’ membership if complaints are received, if these T&Cs are breached or if Surplus Hevac’s deems any behaviour as unacceptable in its sole discretion.
Participants are responsible for keeping their access information (including their email address and password) secret and safe. Participants agree not to share their details with any third parties. Any Participant may close its account at anytime provided it has completed all transactions and has complied with these T&Cs.
The Participants shall ensure that all Adverts and any communications made shall be accurate and made in good faith. All Adverts shall include information about the Equipment, the method of transportation of the Equipment and who will pay the cost of delivery of the Equipment. The adverts are to be in New Zealand dollars and include GST in the price.
Any offer for sale in the Advert by selling Participants is not revocable if accepted by the buying Participant. Buying Participants must only put an offer forward if they intend to buy the Equipment.
Participants will only place Adverts for Equipment that exists, is unused and that Participants are legally entitled to sell. All Adverts must comply with New Zealand law. Adverts are not reviewed prior to being uploaded to the Website and Surplus Hevac reserves the right to remove any Advert it considers in its sole discretion inappropriate, misleading or erroneous.
Buying Participants whose offer is accepted will have their details provided to selling Participants. Selling Participants will provide any necessary details to the buying Participants. Buying Participants who have bought Equipment from a selling Participant must make full payment promptly. Selling Participants will transport the sold Equipment to the successful buyer on completion of the transaction and will not charge unreasonable amounts for transportation of the Equipment.
Any Participant may choose to sell to any buyer at your discretion.
Participants must not seek to avoid Surplus Hevac’s fees. Attempts to avoid fees, will result in Surplus Hevac terminating Participant’s membership at the discretion of Surplus Hevac and taking further legal action as Surplus Hevac deems fit.
If Surplus Hevac does not exercise or enforce any right available under these T&Cs it does not constitute a waiver of those rights.
If any provision of these T&Cs becomes or is held to be invalid, unenforceable or illegal for any reason that provision shall be severed from the remaining T&Cs which shall continue in full force and effect.
Participants understand and agree that:
Their use of the Website is at their sole risk and all transactions are conducted entirely at Participants own risk. Surplus Hevac does not warrant that access to its Website will be uninterrupted, secure, or error free, or that any information contained on the Website is error-free or reliable.
Surplus Hevac takes no responsibility for any misconduct of any of its Participants.
The content of any advertisements appearing on Surplus Hevac’s Website rests solely with the advertisers and any advertiser is solely responsible for any representation made in connection with its advertisement.
All Participants agree to release, indemnify and keep indemnified Surplus Hevac from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Surplus Hevac to any person arising out of any Participant’s failure to comply with these T&Cs or failure to complete a transaction.
3.
Fees and accounts
Surplus Hevac charges Participants fees for the use of the Website as a forum to allow the transactions to take place. Surplus Hevac current fees are: [to be inserted].
Surplus Hevac reserves the right to change the fees charged at any time. All fees are in New Zealand dollars and are inclusive of GST.
You must pay any fees payable to Surplus Hevac immediately upon demand by Surplus Hevac and any late payment may result in interest being charged by Surplus Hevac at 18% per annum. You will be liable for all legal fees and any other expenses incurred by Surplus Hevac in obtaining any fees.
4.
Surplus Hevac’s Waiver
Surplus Hevac makes no representations and gives no warranties in relation to the Equipment or the Participants’ Adverts on the Website. In addition to the preceding sentence, no representations are made in relation to:
The ownership, safety, worthiness or quality of the Equipment;
The accuracy or correctness of any Advert about the Equipment; and
The ability of Participants to complete a transaction.
To the maximum extent permitted by law all liability of Surplus Hevac’s to any Participant or any other person in connection with these T&Cs, the Website, or Participants’ acts or omissions in contract, tort (including negligence), breach of statutory duty or otherwise is excluded. Further, Surplus Hevac’s liability is excluded in respect of any loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
