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Disclaimers & Terms and Conditions of Sale
 
Terminology:
The seller, Us, We - refers to HomeMachineShop.
The buyer, You - refers to any legal entity purchasing from the seller.
NZ = New Zealand
CGA = Consumer Guarantees Act
 
Compliance with NZ Law:
The 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".
 
Formation of a Contract:
The 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.
 
Property & Ownership
Until 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 Home Machine Shop.
  • 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).
  •  
    Links to Third Party Sites
    We 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".
     
    Damages or Loss in Transit
    Goods 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.
    * Should there be a shortage in quantity or visible damage to outer packaging the carrier's note must not be signed (endorsed).
    * Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.
    * No claims will be considered after 7 days of receipt of goods.
    * No 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.
     
    Force Majeure

    The 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 control.

    Translation:
    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).

    A courier 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!

     
    Return of Goods for Credit or Refund
    Goods 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)

    The 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 used.

    Goods 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.

     
    Limitation of Liability

    Buy purchasing from us, you agree:

    - Not 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.