Terms and Conditions
Welcome to our online store! FAT Lighting provides its services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully. All prices are listed in New Zealand Dollars (NZD) and (unless specified) exclude freight and GST and are subject to change without notice (Error & Omissions Excepted).
Payments
Payment must be complete before shipping unless prior arrangements are made. If you have been given a credit term account, payment will be due by the 20th of the month following the date of invoice. Otherwise the goods you purchase must be paid for before we can deliver the goods to you.
Pricing & Product Information
The price you pay will be increased by the amount of GST, other taxes and duties which may be applicable and insurance/freight/handling charges (except to the extent already expressly included in the price).
Our prices are subject to change due to exchange rate fluctuations or supplier pricing adjustments. In certain circumstances, we may need to reject your order. This may happen where the requested Product is not available or if there is an error in the price or the product description posted on the Site. In the event of a pricing error, we are not obligated to honour the incorrect price. If there is a significant price change after you have placed a backorder, we will either refund you or request the additional amount. We aim to provide accurate product details but are not responsible for any inaccuracies.
The purchase price is for goods supplied and packed and is exclusive of installation and maintenance.
Warranty
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Products typically come with a manufacturer's warranty to protect against manufacturing defects. Within this period, if you return a faulty item, we will send it for assessment and follow the manufacturer's policy on repair or replacement. The warranty does not cover damage from liquids, impacts, misuse, or unauthorized modifications.
Delivery
Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, all freight charges shall be at your cost.
If no place of delivery is specified, delivery shall take place at the time when the goods are made available for despatch at our premises.
We can deliver the goods by instalments, and each instalment shall be treated as a separate contract.
If the Consumer Guarantees Act applies to your purchase, we will meet any obligations we have under that Act. Otherwise, if the Consumer Guarantees Act does not apply, any time stated for delivery is an estimate only and no claim shall be made by you on account of late shipment, or delivery however caused.
Returns and Cancelled orders
Special Order Items cannot be returned / exchanged if you change your mind/purchase the wrong product by mistake. f you make an order for quantity greater than what we have currently available, we will contact you to confirm if we can supply the remaining quantity at the same price or if we have to refund you for the unfulfilled quantity
Without limiting any rights you have under the Consumer Guarantees Act, all goods to be returned must have a Goods Return Authority issued by us. If a product is faulty, contact us for a Goods Return Authority number and return instructions. We will adhere to the warranty policies stated above. An initial inspection fee may apply for some brands, refundable if warranty service is required. For non-faulty products, returns due to change of mind are not guaranteed and are subject to a restocking fee. To exchange a product, goods must be sealed / unopened, with packaging in original condition, and we will need to be notified within 7 days of purchase / delivery.
Risk and ownership
Risk of any loss, damage or deterioration of or to the goods passes to you on delivery, or if you state to leave goods at certain location, at the time goods are placed there. Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
Repairs and replacements
We do not guarantee that repair facilities and parts will be available for the goods.
Privacy Policy
You agree that we (or other members of our group of companies) may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business, and you consent to any person providing us with such information.
You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us or our group of companies. (If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information that we hold about you.)
Without limiting the above, we will collect, use, store and disclose your personal information in accordance with our privacy policy.
You consent to receiving marketing material from us, including via email, text and any other electronic means. We will comply with our obligations under the Unsolicited Electronic Messages Act 2007 in respect of any commercial electronic messages we send to you.
No liability
Except where provided in the Consumer Guarantees Act, we shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.
Except where the Consumer Guarantees Act applies, should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on FAT Lighting for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our reasonable control, then we are released from our obligations under this agreement.
Waiver
If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.
Governing law
This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.