Standard Terms and Conditions of Sale
Event Video Displays (a trading name of Vinny Fabrication Ltd)
These terms and conditions govern the sale of products (“Product” or “Products”) and the provision of services (“Services”) by Event Video Displays (the “Seller”).
These terms and conditions (“Agreement”) take precedence over the Buyer’s supplemental or conflicting terms and conditions, to which notice of objection is hereby given. Neither the Seller’s commencement of performance nor delivery shall be deemed or construed as acceptance of the Buyer’s supplemental or conflicting terms and conditions. Event Video Displays’ failure to object to conflicting or additional terms will not change or add to the terms of this Agreement. The Buyer’s acceptance of the Products and/or Services from the Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
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Orders
All orders placed by the Buyer are subject to acceptance by the Seller. Orders may not be cancelled or rescheduled without the Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices, and requested delivery dates of the Products being purchased.
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Prices
The prices of the Products are those specified on the proposal or on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in the Seller’s cost, changes in market conditions, or any other causes beyond the Seller’s reasonable control. Price quotations automatically expire fifteen (15) days from the date issued, unless otherwise stated.
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GST/Taxes
Unless otherwise specified by the Seller, all prices quoted are exclusive of transportation costs and goods and services tax (GST).
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Payment
Payment must be made by bank transfer or credit card. A surcharge of 3% applies for credit card payments.
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Delivery and Title
Title and risk of loss pass to the Buyer upon delivery of the product to the carrier. Delivery dates are estimates only. The Seller is not liable for delays in delivery or failure to perform due to causes beyond reasonable control. A delayed delivery of any part of an order does not entitle the Buyer to cancel other deliveries.
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Returns, Refunds, and Exchanges
Refunds are not available for change of mind or change of circumstances once a deposit has been paid.
Returns: Only products originally shipped from Event Video Displays or an authorised reseller will be considered for return. By requesting a return, the Customer certifies that the products were purchased from Event Video Displays and there has been no substitution. Returns must be in the original packaging and unused, except if approved for failure analysis/warranty evaluation by an Event Video Displays Sales Representative.
Return Freight / Restocking Fee: Event Video Displays reserves the right to charge cancellation and restocking fees, at a minimum of 25%, deducted from any refund. Original shipping and handling are non-refundable. The Customer is responsible for all return freight charges. COD shipments are not accepted.
Refunds: Upon receipt and inspection of returned item(s), Event Video Displays will advise the refund status. For factory warranty or failure analysis, any credit is issued pending manufacturer confirmation of failure. Credits are initiated via the original method of payment within 48 hours of approval. Credit card refunds can take up to 10 business days to post.
Disclaimer: SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES AGAINST LATENT DEFECTS.
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Limitation of Liabilities
BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND, AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS; (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER; OR (c) USE IN COMBINATION WITH OTHER PRODUCTS.
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Use of Products
Unless otherwise noted, Products sold by the Seller are not designed, intended, or authorised for use in life support, life sustaining, nuclear, or other applications in which failure could reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If the Buyer uses or sells the Products for such applications, the Buyer does so at their sole risk, agrees the Seller and manufacturer are not liable, and agrees to indemnify, defend, and hold them harmless against all related claims.
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Force Majeure
The Seller is not liable for failure to fulfil obligations or delays due to causes beyond reasonable control (including but not limited to: acts of God, disasters, riot, war, strikes, carrier delays, shortages, governmental actions, changes in law, material shortages, fire, floods, epidemics, quarantine restrictions, terrorism, transportation delays, or inability to obtain labour/materials). Performance time is extended for the period lost. The Seller may cancel remaining performance by notice, without liability.
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Technical Assistance or Advice
Any technical assistance or advice is provided free of charge as an accommodation only. The Seller is not liable for its content or the Buyer’s use of such assistance or advice. No statements made by the Seller’s representatives constitute a representation or warranty.
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General
(a) The laws of New Zealand exclusively govern any dispute between Seller and Buyer. (b) The Buyer may not assign this Agreement without prior written consent of the Seller. The Seller or its resellers may perform obligations under this Agreement. This Agreement is binding on successors and assigns. (c) Products, including software or other intellectual property, are subject to applicable third-party rights such as patents, copyrights, and/or user licences.
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Warranties
Please see the Express Warranty Card for full details of the warranty available for each product sold. All warranties require the goods to be returned to the Event Video Displays warehouse for inspection, with shipping paid by the Buyer. Where the screen is fixed in location, any cost to access and remove parts (including height/lift equipment) is payable by the Buyer. The warranty is void if the client moves the screen from its originally installed location, opens the display, removes software, performs a factory reset, or installs any third-party software.
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LED Acceptable Failure Rate
The acceptable failure rate of LEDs on any given LED screen sold is deemed to be 0.03%. For a warranty claim, the quantity of dead pixels must exceed this rate before the Seller is responsible to replace the module.
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Not for Residential Use
All displays are commercial displays designed for business and commercial applications only. They must not be used in a residential setting, as they are not designed or compliant for such use.
Video Display Hire Terms
1. Definitions
- Minimum Hire Period means the period from the Commencement Date until the Expected Completion Date.
- Plant and Equipment means the items specified in the Schedule and includes any plant, machinery, vehicle, tools, accessories, parts, equipment, and devices affixed to or supplied with such items let by the Owner to the Hirer.
- Hire Price means the price payable for hire of the Plant and Equipment calculated in accordance with the Hire Rates in the Schedule.
2. Hire of Plant and Equipment and Basis of Rates
- The Owner hires the Plant and Equipment to the Hirer for the Minimum Hire Period, and the Hirer agrees to take the Plant and Equipment on hire and pay the Hire Price.
- The hire period may be extended beyond the Minimum Hire Period by agreement between the parties.
- The Hire Price is payable for the entire Minimum Hire Period, during any extension, and during any period the Plant and Equipment remains in the Hirer’s possession.
- Where hire is extended beyond the Minimum Hire Period, the Owner reserves the right to review and alter the Hire Price.
- Event Video Displays retains title in all goods and materials forming part of the Works supplied under this Agreement until paid in full. The Client must not transfer, charge, or otherwise deal with such goods or materials until payment is complete.
3. Payment Terms
- The Hirer must pay all amounts levied by the Owner before the video panel will be delivered unless other payment terms have been specifically agreed.
- Unless stated otherwise, all prices exclude GST. Any applicable GST, other tax, or duty is payable in addition to the price.
- Interest on overdue invoices accrues daily from the due date until payment at 2% per month, calculated daily.
- The Hirer will pay the Owner’s costs and disbursements incurred in any recovery action or other claim or remedy, including collection costs, debt recovery fees, and legal costs resulting from failure to make due payment.
4. Use of Plant and Equipment
- The Hirer must not, without the Owner’s prior consent, make alterations, additions, or replacements to the Plant and Equipment.
- The Hirer must:
- (a) comply with the Hirer’s responsibilities outlined in the Schedule;
- (b) keep and maintain the Plant and Equipment in proper working order and good repair;
- (c) employ only properly trained and competent persons (and where required, licensed) to operate the Plant and Equipment;
- (d) comply with all relevant laws, regulations, rules, and by-laws regarding use and operation;
- (e) safely operate the Plant and Equipment;
- (f) notify the Owner within 24 hours of any accident causing injury or damage (including to the Plant and Equipment);
- (g) not remove the Plant and Equipment from the Site without the Owner’s prior written consent;
- (h) secure the Plant and Equipment when not in use and protect it against theft and vandalism;
- (i) return the Plant and Equipment in the same condition as hired.
5. Title to Plant & Equipment, Risk and Insurance
- The Plant and Equipment remain the absolute property of the Owner at all times.
- All risk passes to the Hirer on delivery and remains with the Hirer until the Plant and Equipment are returned to the Owner’s possession.
- The Hirer is not authorised to create a lien over the Plant and Equipment.
- The Hirer will insure the Owner’s interest against physical loss or damage (including accident, fire, theft, burglary, and usual risks) and effect adequate Public Liability Insurance covering any loss, damage, or injury arising out of use. The Hirer must not use the Plant and Equipment in any manner that would permit an insurer to decline a claim.
- Irrespective of insurance, the Hirer accepts full responsibility and indemnifies the Owner against all claims, damages, costs, and expenses for injury to persons or damage to property arising out of use during the hire period, however caused.
- Irrespective of insurance, the Hirer accepts full responsibility for safekeeping and indemnifies the Owner for all loss, theft, or damage to the Plant and Equipment, however caused.