1.1 "Skape" refers to SKAPE LIMITED, operating as Skape. 

1.2 "Customer" means any individual or entity purchasing goods from Skape. 

1.3 "Goods" refer to all items supplied by Skape to the customer. 

2.1 The Customer permits Skape to collect, store, and use their information to fulfil obligations under these Terms, enforce legal rights, or market relevant products and services.

2.2 The Customer consents to Skape sharing this information as described above. Where the Customer is an individual, these consents are made in accordance with the Privacy Act 2020.

3.1 Goods remain at Skape's risk until delivered. Once delivered, the customer is reponsible for insuring them. 

3.2 Skape may deliver goods in multiple shipments. 

3.3 Delivery of Goods shall be considered complete when Skape gives possession of the Goods directly to the Customer or possession of the Goods is given to a carrier, courier or other bailee for purposes of transmission to the Customer. 

3.4 Agreed delivery times are estimates only. Skape is not liable for delays and such delays do not entitle cancellation of orders.

3.5 If delivery is postponed by the Customer, Skape may charge for storage at its discretion.

4.1 The Customer must inspect all Goods upon delivery. 

4.2 Claims must be made within seven (7) days of delivery. 

4.3 Return freight and insurance costs are the Customer's responsibility.

4.4 Special or indent orders are non-returnable unless pre-approved by Skape. 

5.1 To the extent permitted by law (and subject to any contrary provision of these Terms), Skape shall not be liable for any loss or damage of any kind whatsoever arising from the supply of Goods by Skape to the Customer. This includes consequential loss, whether suffered or incurred by the Customer or any other person, and whether such liability arises in contract, tort (including negligence), or otherwise, and regardless of whether such loss or damage arises directly or indirectly from the Goods supplied by Skape.

5.2 To the extent permitted by law, the Customer agrees to indemnify Skape against all claims, losses, and liabilities of any kind, however arising. This includes, but is not limited to, losses caused by the negligence of Skape, its agents, or employees, and extends to any act, omission, or error connected with the provision of the Goods.

5.3 If, contrary to the foregoing clauses, Skape is found to be liable to the Customer, then (subject to any contrary provision of these Terms) Skape’s aggregate liability shall be limited to the lesser of: (a) the purchase price of the Goods; (b) the actual loss or damage suffered; or (c) $500.00.

5.4 Skape provides all advice, recommendations, information, and services in good faith. Skape shall not be liable for any loss or damage suffered by the Customer as a result of reliance on any such advice, recommendations, information, or services. It is the Customer’s responsibility to seek independent professional advice as appropriate.

 

6.1 No representation, condition, warranty, or promise, whether express or implied by law or otherwise, applies to the Goods except:

6.1.1 Where implied by statute (as referred to in clause 7); or

6.1.2 Where an express warranty is separately provided.

6.2 Where a separate warranty applies to the Goods, it will be subject to the specific terms of that warranty, either provided to the Customer directly or made available on Skape’s website.

6.3 Where the Customer is making a claim against Skape in respect of damage to Goods, the Customer must:

6.3.1 If the damage is apparent upon delivery, record the details of the damage on the consignment note and request the delivery person to countersign those details;

6.3.2 Notify Skape within 7 days of discovering the damage; and

6.3.3 Unless otherwise requested by Skape, retain the Goods for inspection by Skape.

6.4 To the extent permitted by law, any express or implied warranty or guarantee given by Skape will not apply if:

6.4.1 The defect is caused by abnormal external influences, including mechanical abrasion, falling objects, damage during transport, storage or installation, explosion, fire, harmful gases or fumes, water, chemicals, or foreign substances;

6.4.2 The Goods have been used for a purpose other than that for which they were intended, or have been modified without Skape’s prior written approval;

6.4.3 The damage is caused by accident, negligence or misuse;

6.4.4 The damage constitutes normal wear and tear.

6.4.5 The Goods were not installed or maintained by qualified personnel in accordance with Skape’s instructions; or

6.4.6 The Goods were not stored or cared for in accordance with Skape’s instructions.

7.1 Where the Customer acquires the Goods for business purposes, the parties agree that sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable that they do not apply.

7.2 Any guarantees implied by the Consumer Guarantees Act 1993 shall be governed by the provisions of that Act.

7.3 Where the Customer acquires Goods from Skape for business purposes, the parties agree, in accordance with section 43 of the Consumer Guarantees Act 1993, that the guarantees contained in that Act are excluded, and that it is fair and reasonable for such guarantees to be excluded.

7.4 Where the Customer acquires Goods for the purpose of resupplying them (whether in the form in which they were supplied or otherwise) in trade in New Zealand, the Customer must include in its own terms of sale a clause stating that the Consumer Guarantees Act 1993 does not apply where its customer acquires the Goods for business purposes. The Customer must also take reasonable steps to notify its customers of the effect of that clause. The Customer indemnifies Skape against any losses, costs, damages, or liabilities arising from the Customer’s failure to comply with this clause.

8.1 Skape shall not be liable for any delay or failure to perform its obligations where such delay or failure is due to causes beyond its reasonable control. If the delay or failure continues for more than 30 days, Skape may terminate any contract governed by these Terms by providing written notice to the Customer.

8.2 Failure by Skape to enforce any of these Terms shall not be deemed a waiver of any of Skape’s rights or obligations under these Terms.

8.3 If any provision of these Terms is held to be invalid, void, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

8.4 No variation to these Terms shall be binding unless agreed in writing by both parties.

8.5 These Terms, together with any valid amendments or variations, constitute the entire agreement between the parties in relation to the transaction(s) contemplated by these Terms. They supersede all prior negotiations, representations, warranties, understandings, and agreements, whether oral or written, relating to those transaction(s).

8.6 In the event of any conflict between these Terms and the terms of any quotation or order confirmation, the express terms of the quotation or order confirmation shall prevail, unless otherwise agreed in writing.

8.7 Skape may amend or replace these Terms from time to time, with any changes posted on Skape’s website. Such changes shall take effect from the date on which the Customer next requests Goods from Skape.

8.8 These Terms will be governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.