Terms and Conditions of Sale for Spraytanz Limited
1) TERMS
1.1 These terms apply to all agreements for the supply of Product by Spraytanz. where the customer has chosen to purchase Product from Spraytanz Ltd; any variations to these Terms and Conditions should be in writing and signed by an authorised officer of Spraytanz.
1.2 The Client acknowledges that these terms and conditions constitute the whole agreement between the parties unless otherwise agreed in writing.
2) PRICE
2.1 The goods shall be purchased at prices shown at the time the goods are dispatched.
2.2 All prices quoted are in New Zealand dollars and are (unless previously stated) exclusive of freight charges and GST.
2.3 Spraytanz may amend prices at any time without prior notice.
3) PAYMENT
3.1 Payment is required in full before any dispatch of Product.
3.2 For those NZ Clients who have previously been offered extended credit terms of 20-day EOM Credit: Our terms require payment in full will be due no later than Twenty (20) days from End of the following Month (EOM) subject to Credit Card details being given to Spraytanz to be kept on file.
If payment has not been made by the 3rd day of when the monies were due: the amount will be automatically deducted from the Customers' credit card plus 2.5% credit card surcharge.
Where Spraytanz is unable to collect payment from Credit Card; or if payment has not been made in full by the Customer on or before the due date; and the Customer has not contacted Spraytanz with an explanation, then the Customer may be required to pay:
- Penalty interest on all overdue amounts at a daily rate of 2% higher than the current bank overdraft interest rate for the time being applicable by Spraytanz.
- All costs incurred by Spraytanz in recovering payment from the Customer including with and without limitation, all debt collector's fees and commissions, solicitors fees and disbursements and Spraytanz administration costs.
4) NON RECEIPT OR DAMAGE CLAIMS
4.1 All items should be checked on receipt as to quantity and/or damage. Non receipt or damage must be reported by the Customer to both the Carrier and Spraytanz within Five (5) days from the date of delivery or the claim may be rejected by Spraytanz. Spraytanz will replace goods covered by approved claims. In the absence of any such inquiry or claim the Customer shall be taken to accept the terms on the invoices as correct and accept that the goods specified are as delivered.
4.2 Ownership of the Products does not pass to the Customer, until the Customer has paid in full, in cleared funds, all amounts owning to Spraytanz.
5) WARRANTY
5.1 A six(6) or twelve (12) month warranty from date of invoice and/or installation applies to Spraytanz spraying systems unless otherwise stated and agreed. Where the Customer acquires the Products for business purposes New Zealand statutory requirements will apply. Spraytanz liability for these requirements shall be limited to any one or more of the following as determined by Spraytanz:
- The replacement of the goods or the supply of equivalent goods:
- The repair of the goods:
- The payment of the costs of replacing the goods or of acquiring the equivalent goods;
or- The payment of the costs of having the goods repaired.
5.2 In the event of any system failure where it is judged the fault is the result of misuse or non-observation of the appropriate Spraytanz Instruction/Service Manual; a standard hourly repair fee of $150+GST will apply; and any courier charges incurred will be the responsibility of the Customer.5.3 Where Spraytanz is not the manufacturer of the Products, the Customer acknowledges thatSpraytanz is dependent upon the manufacturer for supply, delivery dates, specifications and all manner of things relevant to the Products. 5.4 The Customer agrees to indemnify Spraytanz on a full indemnity basis from and against any liability, loss, damage or expenses that Spraytanz may suffer or incur as a result of any statements, representations or promises made by the Customer about or concerning the Products otherwise than in conformity or accordance with the express warranties or guarantees provided bySpraytanz or the manufacturer. 5.5 The Customer acknowledges Spraytanz 'Special Instructions' as follows:- Systems must be regularly maintained as per the instructions set out in the appropriate manual.
- Tanning Solution has a maximum shelf life of 18-months. Appropriate stock rotation must be implemented by the purchaser. The Solution must at all times be stored in cool conditions and out of direct light; and the bottle must be well agitated prior to use. At no time should the Solution be left in the spray gun applicator overnight unless kept in a sealed container.
- Applicators/Spray Guns must be cleaned at the end of each day, following the instructions set out in the appropriate manual.
5.6 Any warranties in relation to any of the Products will be rendered null and void if the Products are tampered with in any way; or if used in conjunction with products not supplied by Spraytanz; or if the Customer fails to follow the instructions as set out in the appropriate Manual.
6) SUPPLY AND GRANT OF RIGHTS
6.1 On the basis that the above conditions have been fulfilled to Spraytanz satisfaction; Spraytanz agrees to supply the Product only. Purchase of the Product does not grant the Customer the right to use the BRAND (including Name, Images or Text). The Customer agrees that they have purchased the Products only and any use granted of the Brand (including Name, Logo; Website Images; Information Images and/or Text and Website Text) must be pre-approved and be compliant with Spraytanz and their Marketing Materials.
7) RESALE AND USE OF THE PRODUCTS
7.1 The Customer will provide the Products or application of the Products as per the guidelines set out in the appropriate Spraytanz Instruction/ Service Manual and will not make any changes from these practices except as may be previously agreed in writing with Spraytanz.
7.2 The Customer will actively seek consumers and devote its best endeavours to the sale of the Products and maintaining the quality of the Spraytanz Brand and its Associated Products.
8) ASSIGNMENT
8.1 Spraytanz obligations to this Agreement are rendered null and void should the Customer assign, transfer or in any way dispose of its rights or obligations under this Agreement to any third party.
8.2 Spraytanz is not legally required to meet any remaining warranty obligations to anyone purchasing a Spraytanz Product from a third party.
9) EXCLUSIVITY
9.1 Please note that Spraytanz is uniquely New Zealand based and as such does not have the economies of scale that other internationally based beauty suppliers may enjoy. For this reason we do not require our clients to sign a contract; nor do we require minimum orders quantities; nor do we require a monthly 'franchise type' fees to cover any loss of business in the requested area; for this reason plus the legalities of 'Restraint of Trade' we do not offer any exclusivity arrangements.
10) DELIVERY
10.1 Spraytanz will not deliver to a Post Office box or any address which we deem to be suspicious. We ship our goods using NZ Post or NZ Courier Post and/or a Courier service for New Zealand deliveries; NZ Post International Express for overseas deliveries. Should you feel that your goods do not arrive in good condition, please see Clause 4 above or contact us using the contact form on our website. We are not responsible for loss or damage to goods that are delivered to an incorrect address; nor for errors on the part of NZ Post or any couriers.
11) RETURNS
11.1 Within 30 days of delivery, you may return any item (accept Solution see 11.3 below) you purchase in new condition with original packaging for a full refund. Spraytanz will also pay the return shipping cost if the return is a result of our error. We’ll notify you via email of your refund once we’ve received and processed the returned item. You can expect a refund in the same form of payment originally used for purchase within 7 business days of receipt of your returned item.
11.2 Spraytanz do not accept returns for individual items that are included in our business kits/packages, unless they are faulty. If faulty, please refer to Clause 4 above. Many of the items included in the kits/packages may have been supplied at below cost price or indeed may have been included free as part of an incentive to purchase the packages. However we may be prepared to negotiate a swap for other products of perceived equal value where appropriate.
11.3 For reasons of bio-security Spraytanz does not and will not, accept any the return of any solutions purchased from us.
11.4 Please call Spraytanz to discuss the reasons for returns of any other product prior to their return.
12) TANYA POINTS
12.1 Spraytanz accepts that any Customer who has registered, and has placed an order, on the Spraytanz website, has accepted the Terms of Service for Earning and Redeeming TanYa Points.
13) FORCE MAJEURE
13.1 Spraytanz will not be in default or breach of any dealing with the Client as a result of Force Majeure.
14) LIFETIME GUARANTEE
At Spraytanz we aim to provide our clients with a first class buying experience. Our lifetime guarantee, combined with our exceptional lotion and excellent service, we believe achieves just this.
Our Lifetime Warranty covers workmanship and materials against defect for the entire life of the product. We will repair or replace at our discretion; abuse and cosmetic wear and tear are excluded.
Our machines are covered by a lifetime warranty for as long as you own them.
There are a few things that void this warranty:
- If you alter or remove the fittings in any way [and we will know].
- If you destroy or damage the machine due to your own negligence; there will be a charge for the parts that need to be replaced or a new machine will be provided at a heavily discounted rate.
- There will be a charge for any parts that have been altered or need replacing due to misuse, such as not regularly cleaning your machine (One of the most common causes of machine malfunction).
- Machines sent to us that are dirty or contaminated will not be serviced and will be shipped back.
Our lifetime guarantee is void if Spraytanz is sold to another party, Consumer rights still apply.
To keep this life time guarantee live, you will need to purchase a minimum of 1/2 litre/500ml per month of our luxurious lotion.Please include in the box a note with your return address and what is the issue with the machine.
We will aim to have the machine back to yourself as soon as possible or it may be possible to send you another repaired and reconditioned machine as a replacement.