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Terms & Conditions

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ORDERS AND PAYMENT

Please review your order, either instore or online, before your payment is made as all purchases are subject to our Returns Policy. All purchases will only be processed when payment is received in full. If, for whatever reason, payment is not received in full, Action Equipment may contact you to make alternative payment arrangements.

PRICING

The products listed for sale at Action Equipment are in New Zealand Dollars (NZD) and include GST unless otherwise specified. Pricing is subject to change without prior notification. Reference to “was”, “usually” or “normally” in any promotional offers refers to either a manufacturer recommended retail price (RRP) or Action Equipment pricing. While we endeavour to ensure all information and pricing is accurate, Action Equipment reserves the right to refuse a sale if an error has been made.

SECURE PAYMENT

All Action Equipment stores, including our website, use the highest level of security to ensure that shopping transactions using your credit card and other payment provider cards are made safely and securely.

All Action Equipment payments are processed securely by either Verifone, ZIP or AfterPay and are compliant to the Payment Card Industry Data Security Standard (PCI DSS) to the highest level available. Payments made via our website are processed using Secure Socket Layer (SSL) protocol, whereby sensitive information is encrypted to protect your privacy.

Action Equipment does not store, and does not ever see, details of customers’ credit card or other payment provider cards. All payment processing is managed entirely by our processing providers.

PRODUCT INFORMATION

Action Equipment will endeavour to keep all product information, descriptions, imagery and pricing as accurate and up to date as possible, however will not be held responsible for any mistakes in, or omissions to, any information provided.

AVAILABILITY

Action Equipment will make every endeavour to ensure that stock is available for your order. We cannot and do not guarantee supply from either the website or Action Equipment stores. In the event that we are out of stock and/or unable to source from our suppliers, you will be notified as soon as possible, and given the opportunity to amend or cancel your order.

CONSUMER GUARANTEES ACT 1993

The Consumer Guarantees Act 1993 (“CGA”) may not apply to goods and services purchased via Action Equipment for commercial use, resale, or trade use. If you are purchasing goods or services for commercial use, resale, or trade use, as defined in Sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods or services.

PRODUCT OWNERSHIP

All goods (including Used Stock) sold by Action Equipment remain the ownership of the company until they are paid for in full by the consumer. Where practical, we will endeavour to work with you to explore payment options and terms for any outstanding balances.

Please note that Action Equipment reserves the right to resell any items left unpaid after 90 days to recover the costs incurred by the company, including any labour, freight, parts and servicing work carried out to date.

Where Action Equipment is acting on behalf of a customer to promote the customer’s equipment for sale, that equipment remains the property of the original customer until they are paid for in full by the consumer via Action Equipment.

OVERDUE INVOICES AND DEBT COLLECTION

Any overdue invoices will be subject to interest payable from the point at which they become more than 30 days overdue. Interest will be charged at 2.5% per annum over the prevailing bank overdraft rate.

Providing a formal written dispute hasn’t been logged, any goods left unpaid for a period of more than 90 days may be subject to debt collection. All debt recovery costs, including any interest charged and associated fees, will be the customer’s sole responsibility.

WARRANTY
New Goods
  • All new items sold via an Action Equipment store or website, come with it’s own manufacturer’s warranty. Please refer to your Owner’s Manual for more details, including any registration or extended warranty requirements.
Used Stock purchases and workmanship
  • All used stock sold by Action Equipment undergoes an appraisal, and as required repairs and maintenance, prior to being made available for customer delivery/collection. By default unless stated on your original quote, a 90 day warranty applies on all used stock items from the date of delivery/collection.
  • Action Equipment warrants that if any defect in any of the company’s workmanship becomes apparent and is reported within 90 days of the date of delivery/collection, then Action Equipment will either (at the sole discretion of Action Equipment’s management team), replace or remedy the workmanship.

The conditions applicable to the above used stock and workmanship warranties are:

  • The warranty shall not cover any defect of damage which may be caused or partly caused by or arise through:
    • Failure on the part of the client to properly maintain the goods; or
    • Failure on the part of the client to follow any instructions or guidelines provided by the manufacturer owners manual and/or Action Equipment; or
    • The continued use of any goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
    • Fair wear and tear, any accident or act of God.
  • The warranty shall cease, and Action Equipment shall thereafter in no circumstances be liable under the terms of the warranty, if the workmanship is repaired, altered or overhauled without Action Equipment’s consent.
  • In respect of all claims, Action Equipment shall not be liable to compensate the client for any delay in either replacing or remedying the workmanship, or in properly assessing the client’s claim.
HEALTH & SAFETY

Action Equipment takes health and safety very seriously for all customers and staff alike. For all health and safety requirements associated with your individual items, please refer in the first instance to the Owner’s Manuals supplied with each of your purchases. If you require any additional training and support please contact us.

Action Equipment carries out a pre-delivery inspection on all wholegoods prior to handover. At any stage, if you are unsure how to operate a particular item correctly, please refrain from doing so until such time you have been shown how to do so safely, or have referred to your Owner’s Manual and supporting “How To” guides.

Please note that many items come with inbuilt safety features for your protection. Please do not attempt to remove, disengage or override these, as doing so could not only put your safety at risk, but also impact the manufacturer’s warranty commitments. If found during a service or maintenance work, Action Equipment will endeavour to refit or notify you of any ineffective safety features, and, in accordance with our own Health & Safety protocols, we highly recommend that these issues are fixed to realign them to be within manufacturer requirements.

FEEDBACK AND COMMENTS

Any opinions left on the Action Equipment website or social media channels by customers are reviewed by our team. As necessary, we will review and provide feedback. If any comment breaches the law or is inappropriate, we reserve the right to remove or modify it.

ACKNOWLEDGEMENT

You acknowledge that we may not receive your transmission of data relating to the order due to circumstances outside of Action Equipment’s control. This could include, but is not limited to computer, software, hardware, Internet and/or other types of failure.

You acknowledge that Action Equipment is not liable to you in any way for any loss or damage caused either directly or indirectly in connection with any transmission of or failure to receive any transmission, for whatever reason.

You acknowledge that Action Equipment may proceed with all instructions received through the Internet without further consultation or permission from you.

You acknowledge that Action Equipment is under no obligation to check the authenticity, authority, accuracy or completeness of any instructions received through the website.

DISCLAIMER: LIMITATION OF LIABILITY AND INDEMNITY

Subject to any rights you have under the Consumer Guarantees Act 1993, and to the extent permitted under New Zealand law, we exclude all liability to you (or anyone else) for loss or damage of any kind (however caused or arising) relating in any way to Action Equipment including, but not limited to, loss or damage you might suffer as a result of:

  • Errors, mistakes or inaccuracies displayed in-store or on our website; and/or
  • You acting, or failing to act, on any information contained on or referred to in-store, on our website or any linked website.

IMPORTANT NOTE: All orders placed with Action Equipment are subject to our Delivery and Collection Policy, Privacy Policy, Returns Policy, and our Terms & Conditions. By purchasing from Action Equipment, through either our website or through one of our stores, you are agreeing to all of these policies and the terms within them.