& Terms and Conditions of Sale
The seller, Us, We - refers
The buyer, You - refers to any legal entity purchasing
from the seller.
NZ = New Zealand
CGA = Consumer Guarantees Act
with NZ Law:
seller is bound to abide by any requirement set out in
the Consumer Guarantees Act, Fair Trading Act or any other
Act/ legal requirement related to retail activities. These
Terms and Conditions of Sale are therefore bound to said
Acts and requirements. The buyer is also has some obligations
under Law, see next section: "Formation of a Contract".
of a Contract:
seller's website and advertising only constitute an offer
to buy. The formation of a contract occurs when the seller
accepts any offer to buy from the buyer, for the supply
of specified (by the buyer) goods or services. The contract
is legally binding, and no money or goods have to be exchanged
for the contract to exist - only the promise of the exchange
has to exist. Click
here for more info.
Both the buyer and the seller agree to any conditions
set out in any NZ Act relating to the buying and selling
of commodities (Fair Trading, CGA etc). The buyer specifically
must agree to any condition set out in these Terms &
Conditions of Sale.
full payment is made:
Any supplied products remain
the property of Home Machine Shop until such time as
full payment is received.
The buyer agrees to enable the
goods to be readily identifiable as the property of
The buyer agrees to allow the
goods to be easily collectable (from their premises)
should any contractual obligation not be met.
Maintain the goods in good order
and condition and to return the goods immediately if
asked to do so by us (prior to payment).
to Third Party Sites
provide links to third party sites for your convenience.
When you click a link to a third party site, you leave
the hmsnz.co.nz web site. The linked sites are not under
our control and we are not responsible for the content
of any linked site, whether or not it contradicts, falsifies
or embellishes any specification on this website. If you're
redirected to a porn site from one of our links, we apologise!
But please keep in mind: none of our products come with
12 inches of anything, and are unlikely to be in any way
"Busty" or "Hot for it".
or Loss in Transit
leaving the seller's (or our suppliers) premises are adequately
packed. Claims for damage or loss in transit must be made
against the carrier in the prescribed manner:
Prior to acknowledging delivery to the carrier the buyer
must ensure that the complete consignment as per the carrier's
note has been received.
there be a shortage in quantity or visible damage to outer
packaging the carrier's note must not be signed (endorsed).
7 days of receipt of consignment the buyer must ensure
that all goods received are in good order and condition.
claims will be considered after 7 days of receipt of goods.
liability for goods damaged or lost in transit will be
accepted by the seller, however details of any claim should
be advised to the seller.
seller shall not be liable to the buyer for any loss
or damage directly or indirectly arising out of or in
connection with any delay or failure to perform any
term of this contract where such delay or failure is
caused directly or indirectly by an act of God or Vishnu,
fire, armed conflict, labor dispute, civil commotion,
civil union, a massive party, Law Enforcement Intervention,
Workers Action (Strike), Interdimensional portal accident,
labor shortage, economic depression, courier driver
depression, accident, interruptions of, or delay in
transportation or any other cause beyond the seller's
A Courier Van carrying
your new mill-o-mattic gets picked up by a tornado and
flung out to sea. All the vans contents (including your
item) are eaten by a sea dwelling Dugong (as opposed
to a... space dwelling dugong???). You can't hold us
accountable because we didn't make the Tornado, or create
the Dugong (our last attempts resulted in a bolt-necked,
frizzy haired FrankenGong).
driver swerving to avoid a duck he thought looked like
Jesus, thus crashing his van (and damaging your goods)
does not constitute an "Act of God". Unless
said duck was freakishly huge... and attacked Courier
Vans... with its big fangs!
of Goods for Credit or Refund
supplied in accordance with the buyer's order can only
be returned with the approval of the seller.
Requests to return goods for refund must be submitted
within 7 days from the date of supply and the original
invoice number must be quoted. Where goods are accepted
(for credit or refund at the sellers discretion) they
must be delivered at the buyer's expense to the seller's
premises in original condition and packaging. (i.e. no
broken shrink wrapping, or un-packaged accessories)
seller reserves the right to levy a restocking fee against
any returns the seller may agree to accept. Such fees
may be up to 20% of the invoice price for products returned
in pristine and original condition. 30% - 50% may be
levied against any product that has been opened and
received that do not match the invoiced description
can be returned for a full refund, unless the goods
have been opened, in which case a 20% restocking fee
will apply. Most products are labeled and can be identified
by the label. By opening the goods or any accessories,
you are deemed to have accepted them.
purchasing from us, you agree:
to hold us accountable for any lost income accrued by
faulty products, late or short shipment.
- Not to hold us accountable for any damage caused by
intentional or accidental misuse of items.