TERMS & CONDITIONS OF SALES AND USING THIS WEBSITE & PURCHASING FROM HITEK SOLAR NZ / HITEK SYSTEMS.
WELCOME FROM THE HITEK SOLAR NZ TEAM.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE HITEK SOLAR NZ WEBSITE and purchasing from our company. IT EXEMPTS HITEK SOLAR NZ / HITEK SYSTEMS LTD AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
For the purpose of this document any reference to Hitek / Hitek Systems / Hitek Systems Ltd or Hitek Solar / Hitek Solar NZ should be referring to the same entity / group of entities.
All prices are shown as including New Zealand Goods and Services Tax (GST) of 15%. Due to fluctuation of New Zealand dollar, Hitek Solar NZ / Hitek Systems Ltd can change price listed or quoted prices without notice at any time. The customer may equally withdraw their order on the same day of order placement without incurring any costs (except where custom items are being ordered in on request). Hitek Solar NZ cannot guarantee that certain products will always be available when you place your order, or that the advertised price for items won't change on a daily or weekly basis. However if your order cannot be filled in a good reasonable timeframe then HITEK SOLAR NZ will advise and you of any delays and may then choose to withdraw your order at their discretion.
HITEK SOLAR NZ reserves the right to limit the number of sale items purchased per customer and may run specials from time to time by way of price reductions or special bundles / packages of items, however once this special has finished that same deal may no longer be available again. Items on special may not necessarily be highlighted as such, eg for Xmas special, new years special, Easter specials etc, however may simply represent an item or package that is available for that period and then no longer available at the same offering after this time or once the stocks have sold out. Just because an item is listed on our site does NOT mean that it's still available, as our online website stock system is NOT real-time, so it can be possible for an item to sell out and become unavailable before the website is updated. If you want to check whether we have a particular item or bundle in stock and available it's best to email or call us to confirm.
We also reserve the right to NOT have to provide any individual component price breakdowns for any of our bundle packages. They are bundled for a reason and if you do not wish to purchase the bundle at that price then you are welcome to purchase components separately yourself but you will not receive any free technical support which comes included with our bundled packages (eg technical support would be charged for if only components are purchased at a rate of $200 + GST Per Hour during business hours Mon-Fri). After hours and public holiday charges of $250 + GST per hour will apply if work is requested during these times and we have the right to refuse work / support during these times (at our discretion).
Consultancy services are charged at $200 + GST per hour spent (plus any travel time & costs if needed are extra) if just 1 person is involved or $380 + GST per hour spent (plus travel related costs as extra if needed) if 2 people are involved. If we provide technical consultancy services and you end up not purchasing the system / items from us then we reserve the right to charge you for the technical consultancy services that we've provided.
Please note: Any / all labour / support / consultancy charges are a MINIMUM 1 hour charge even if only 5-15 minutes support time was utilized.
If any items are sent back for a warranty claim (within the product warranty period) then we require full configuration details of how the items were wired / installed and configured, details of the fault / problem and background information also. If during our testing we find the item(s) NOT to have the fault or issue mentioned and in fact we find they are in correct working order then you will be charged our Minimum 1 hour technician labour charge (at our standard hourly rate of $200 + GST Per Hour) in addition to being charged the return freight / courier cost to send the items back. You will be required to pay this charge before we send back the items to you. If photo or video evidence showing your item working correctly is required then we can supply this also, however this may incur additional cost due to extra time spent to provide this.
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and HITEK SOLAR NZ regarding your access to and use of HITEK SOLAR NZ website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement also provides benefits to HITEK SOLAR NZ affiliates, service providers, suppliers and other persons (including sales / purchases that have been manually invoiced by our system and were not purchased through the website).
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with HITEK SOLAR NZ, including a transaction agreement.
Any invoices sent out by Hitek Systems / Hitek Solar must be paid in full within 7 working days or else will be subject to a finance charge of 10% of the invoice value (per week it is overdue). Debt collection & associated costs will also be incurred & charged in order to recover any late / overdue payments. By requesting any report or consultancy services by Hitek Systems / Hitek Solar by phone (or email) you have automatically agreed to & accepted all terms laid out here in our terms and conditions including terms of payment and late payment finance charges. Any consultancy or technical service work or testing is NON-Refundable once requested and performed, and all photos taken + any report written up is always 100% chargeable. Asking Hitek Systems / Hitek Solar to write any report is automatic acceptance that you have engaged our company services and agree to our charges for those services.
2. CHANGES TO THIS AGREEMENT
HITEK SOLAR NZ may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may NOT change this Agreement in any manner.
3. HITEK SOLAR NZ SUPPORT SHALL NOT COVER
• Hardware and / or software not included in the original System default configuration delivered to the user (including, but not limited to, any additional hardware/software purchased or installed by the user subsequent to the purchase of the System). Any such hardware and/or software shall NOT be installed or supported by HITEK SOLAR NZ pursuant to this scope of service.
• Systems or System components no longer under warranty.
• Support for Systems where components were purchased separately (rather than as a complete solar system package) and / or where the user has used the System in an abusive or negligent manner or outside of it's technical specifications or outside of our recommendations. If we happen to notice a system is running outside our recommended specs then we will advise of such in writing (usually via email) and if this situation is not corrected / remedied within a 14 day period of this time then Hitek Solar NZ can choose to deny any further support for the system.
• None of our systems will ever offer more than 15 hours of free support unless it is specified on the original sale invoice (this would have to be per-arranged), after this time all support moves to chargeable support at our standard rate of $150 + GST per hour (which the client must pay or immediately stop requesting support services). For clients who use one of our systems outside of our recommended spec we may inform the client (via email) that we refuse to support them even if they were paying for support (this is our decision to make).
Terms and Conditions for warranty service
• All products come with a 12-months manufacturer's warranty (Unless otherwise stated).
• Proof of purchase is required.
• If HITEK SOLAR NZ determines that a problem is hardware-based, HITEK SOLAR NZ may retain such hardware for service.
• Out-of-warranty hardware repair costs are the sole responsibility of the user.
• End-user purchaser has full control and knowledge of information, data and software stored on the System and will be responsible for such information, data and software and their use, including, but not limited to, installed 3rd-party software, all of the user's personal setting preferences, contents and backup files.
• Any recovery task (whether or not attempted by HITEK SOLAR NZ) to restore the System to its original settings may come with associated risks.
• End-user/ purchaser must take responsibility for using the system in the correct manner and within system specs.
• End-user purchaser also bears full responsibility to maintain their system properly and in a professional manner. User or Physical damage by customer will not be cover by warranty.
• Additional hardware or software not included in the original system default configuration do not fall under this scope of service. Hardware or software that is not supported as part of the original System default configuration will not be installed or supported by HITEK SOLAR NZ. If HITEK SOLAR NZ determines that unsupported software or hardware may be the cause of a problem, HITEK SOLAR NZ reserves the right to require the System be returned to the original default configuration (i.e. as at the time of original delivery of the System) before providing further service.
• All our prodcuts are Return to base hardware warranty.
4. DELIVERY, CANCELLATION, GOODS RETURN FOR CREDIT, AND RESTOCKING FEE
HITEK SOLAR NZ will make every effort to ensure delivery of goods or performance of services is on time but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. All claims for shortage or damage during delivery must be made to the carrier within seven days of the date of delivery.
• Delivery shall be made at the place indicated in the contract or if no place is indicated delivery shall be made at the HITEK SOLAR NZ premises where the goods are to be forwarded to the Customer directly therefrom. HITEK SOLAR NZ will take all reasonable steps to make delivery at the time requested by the Customer but shall not be responsible for any loss whatsoever sustained by the Customer for delay in delivery.
• In the event that the Customer cancels any order subsequent to despatch by HITEK SOLAR NZ to the Customer (regardless of whether or not said order has been delivered to the Customer), HITEK SOLAR NZ will credit the Customer for the order value less the restock fee on return in saleable condition of the items ordered provided such return is within 7 days of despatch / collection. Freight charges will not be credited back.
• Unless agreed in writing by the issuance of a Goods Return Authority from HITEK SOLAR NZ no goods will be accepted for credit after despatch. lf HITEK SOLAR NZ agrees to accept the goods for credit, then HITEK SOLAR NZ will credit the Customer the invoice value less the restock fee, less freight charges, on return in saleable condition of the items ordered. No goods will be accepted for credit if the goods are found to be tampered with or damaged or seals are broken or returned missing any of their original items or without their original packaging (all in new condition as you received it). Freight charges will not be credited either.
• Restock fee: All goods ordered in error by the Customer or goods the Customer wishes to return are subject to a restock fee. The fee is $30 or 15% of the goods sales value, whichever is greater.
Please note that according to the Ministry of Consumer Affairs, WE DO NOT HAVE TO GIVE YOU A REFUND IF you change your mind or just did not like the goods or they did not suit you, or you order elsewhere before your order arrives or your circumstances change, SO PLEASE ORDER CAREFULLY. If the goods are faulty we will meet our obligations under the Consumers Guarantees Act to provide a remedy (again this is NOT instant or next day service etc, but we will do our best to assist in a timely manner).
We also do NOT tolerate ANY Abuse (of any kind) or rudeness, swearing from customers. If you are trying to jump the queue (put your order ahead of others) or if you are being demanding expecting instant service or same day dispatch or next 48 hour delivery etc, these are things we do NOT accept and will not tolerate and as such we can and will refuse service to you and also will not hesitate to advise you of any rudeness given and that we don't accept this. At any stage there may be anywhere from 5-15 orders in the queue already from existing customers orders so when you place an order you automatically go to the end of the line (after existing orders in the queue).
Typical dispatch of small items may usually be DISPATCH within 2-3 normal business days and typical courier delivery (non rural) will often be 2-3 business working days AFTER the day of dispatch (longer for rural delivery).
We do NOT offer ANY 48 hour delivery options or same day dispatch service. Larger freight / transport items (including heavy items) can often day 6-8 business working days for delivery (just so you are aware) and the dispatch time can often be 3-6 business working days depending on the size of the order. Rural delivery costs extra and also will usually add another 1-3 business days onto the delivery time just so you know. We are NOT liable or responsible for the delivery time of the items once it's with the courier or freight company. If there's any delivery delays from the freight company we won't refund you for items or the delivery, but likewise you can put in a complaint in to the freight company directly if you feel motivated to. Mostly our deliveries go smoothly for 98% of our deliveries but there is always the odd unfortunate exception to the rule (which we won't be held responsible for).
IF you sign for your items at time of delivery then that means you are accepting the items arriving in that condition at the time of signing for the items. If there is any damage to any items you need to note it clearly at time of signing for receiving any items and notify us Immediately (same day within 2 hours of receiving the items via phone call + email also) and email through pictures of any damage on the same day of receipt also. Some small items do not require a signature where as typically larger heavier items usually require signature.
Please be aware that some pictures of items used on the site may be GENERIC Images and that the actual items we supply will be the same spec (or higher) but may look slightly different to the image shown. If you specifically need an item that is identical to the image shown then please check with us first before ordering to confirm whether we can supply that or whether it will look different.
5. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of HITEK SOLAR NZ and others, and is protected by New Zealand and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of HITEK SOLAR NZ. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
6. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
HITEK SOLAR NZ endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications and prices for products) or other errors may sometimes occur. HITEK SOLAR NZ cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. HITEK SOLAR NZ does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
HITEK SOLAR NZ reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in New Zealand dollars.
7. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of HITEK SOLAR NZ are strictly prohibited. To request permission to link to the Website, please send an email to us via our CONTACT Page. HITEK SOLAR NZ may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
8. LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively "Codes") by HITEK SOLAR NZ. For the purposes of accessing the Website, the Codes remain the property of HITEK SOLAR NZ and may be cancelled or suspended at any time by HITEK SOLAR NZ in its discretion without any notice or liability to you or any other person.
HITEK SOLAR NZ is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. HITEK SOLAR NZ may act upon any communication that is given with the use of Codes. HITEK SOLAR NZ may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if HITEK SOLAR NZ is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify HITEK SOLAR NZ by telephone 09-4199786 or email to:email@example.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
9. SOFTWARE AGREEMENTS
HITEK SOLAR NZ may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
From time to time HITEK SOLAR NZ may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
11. UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, HITEK SOLAR NZ does not accept or consider unsolicited ideas or suggestions ("Submissions"). If you send Submissions to HITEK SOLAR NZ or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to HITEK SOLAR NZ and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of HITEK SOLAR NZ or its successors, assignees and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of HITEK SOLAR NZ and its successors, assignees and licensees.
12. YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. HITEK SOLAR NZ will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, HITEK SOLAR NZ or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
13. PERSONAL INFORMATION PRIVACY
14. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from HITEK SOLAR NZ, and HITEK SOLAR NZ has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. HITEK SOLAR NZ does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against HITEK SOLAR NZ arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and HITEK SOLAR NZ, this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.
Notwithstanding any other provision of this Agreement, HITEK SOLAR NZ may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. HITEK SOLAR NZ may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then-existing agreements between you and HITEK SOLAR NZ will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
16. GOVERNMENT LAW AND DISPUTE RESOLUTION
Consumers Guarantees Act : Your warranty is in addition to your rights under the Consumer Guarantees Act 1993. However, where you are purchasing for the purposes of a business, you agree that the terms of the Consumer Guarantees Act 1993 shall not apply. All warranties and conditions implied under any other statutes (including the Sale of Goods Act (1908) are expressly excluded from your warranty.
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of New Zealand. Any dispute between you and HITEK SOLAR NZ or any other person arising from, connected with or relating to the Website, this Agreement, or any related matters (collectively "Disputes") will be resolved before the Courts of law in Tauranga, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
17. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect . This Agreement enures to the benefit of and is binding upon each of HITEK SOLAR NZ and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assignees this Agreement or the rights and obligations under this Agreement. HITEK SOLAR NZ may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
It is also the policy HITEK SOLAR NZ that all orders must be 100% paid for in full (and showing as received - cleared funds in our company account) before any pickup may occur and / or before we send out any items / orders. Simply just sending through a copy of a payment confirmation from your online banking is not enough, the funds must be showing in our account before pickup / dispatch.
Note: All references in above terms are for both Hitek Solar NZ and Hitek Systems Ltd entities, thanks.