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Terms and Conditions

This website http://www.arcweld.co.nz is managed by B.E. Hall Ltd. By using the site, you are accepting the following terms and conditions.

Definitions

"Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract. 
“Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using the Supplier’s website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website. 
“Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting the Supplier to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
(a) if there is more than one Customer, is a reference to each Customer jointly and severally; and
(b) if the Customer is a partnership, it shall bind each partner jointly and severally; and
(c) if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
(d) includes the Customer’s executors, administrators, successors and permitted assigns.
 “Goods” means all Goods or Services supplied by the Supplier to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
“Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between the Supplier and the Customer in accordance with clause 6 below.
“Supplier” means B E Hall Limited T/A Arc Welding & Safety Supplies, its successors and assigns.
 

On-Line Ordering

The Customer acknowledges and agrees that:
(a) the Supplier does not guarantee the website’s performance;
(b) display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by the Supplier;
(c) on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades;
(d) there are inherent hazards in electronic distribution, and as such the Supplier cannot warrant against delays or errors in transmitting data between the Customer and the Supplier including orders, and you agree that to the maximum extent permitted by law, the Supplier will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders;
(e) when making a transaction through the website, the Client’s information will pass through a secure server using SSL (secure sockets layer) encryption technology or any other similar technology as disclosed by the Supplier and/or displayed on the website. The encryption process ensures that the
Client’s information cannot be read by or altered by outside influences; and
(f) if the Client is not the cardholder for any credit card being used to pay for the Goods, the Supplier shall be entitled to reasonably assume that the Client has received permission from the cardholder for use of the credit card for the transaction.

The Supplier reserves the right to terminate the Client’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of the Supplier’s business, or violated these terms and conditions.
 

Delivery Of Goods

Delivery (“Delivery”) of the Goods is taken to occur at the time that: 
(a) the Customer or the Customer’s nominated carrier takes possession of the Goods at the Supplier’s address; or
(b) the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

At the Supplier’s sole discretion the cost of Delivery is either included in the Price or is in addition to the Price.
The Supplier may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

Any time specified by the Supplier for Delivery of the Goods is an estimate only. The Customer must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. The Supplier will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late. In the event that the Customer is unable to take Delivery of the Goods as arranged then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage. 
 

Defects & Returns

The Customer shall inspect the Goods on Delivery and shall within thirty (30) days of Delivery (time being of the essence) notify the Supplier of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the Supplier an opportunity to inspect the Goods within a reasonable time following Delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Supplier has agreed in writing that the Customer is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing the Goods or repairing the Goods.

Goods will not be accepted for return other than in accordance with clause above, and provided that:
(a) the Supplier has agreed in writing to accept the return of the Goods; and
(b) the Goods are returned at the Customer’s cost within thirty (30) days of the Delivery date; and
(c) the Supplier will not be liable for Goods which have not been stored or used in a proper manner; and
(d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
 

Warranty

Subject to the conditions of warranty set out in clause below the Supplier warrants that if any defect in any Goods manufactured or Services provided by the Supplier becomes apparent and is reported to the Supplier within three (3) months of the date of Delivery (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion) replace or remedy the defect.

The conditions applicable to the warranty given by clause above are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any Goods or serviced item; or
(ii) failure on the part of the Customer to follow any instructions or guidelines provided by the Supplier; or
(iii) any use of any Goods or serviced item otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods or serviced item after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the defect is repaired, altered or overhauled without the Supplier’s consent.
(c) in respect of all claims the Supplier shall not be liable to compensate the Customer for any delay in either replacing or remedying the defective Goods or Services or in properly assessing the Customer’s claim.

For Goods not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Supplier shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
In the case of second hand Goods, the Customer acknowledges that full opportunity to inspect the same has been provided and accepts the same with all faults and that no warranty is given by the Supplier as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded

Privacy Policy

1. All emails, documents, images or other recorded information held or used by the Supplier is “Personal Information” as defined and referred to in clause 3 and therefore considered confidential. The Supplier acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 2020 (“the Act”) including Part II of the OECD Guidelines as set out in the Act. The Supplier acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by the Supplier that may result in serious harm to the Customer, the Supplier will notify the Customer in accordance with the Act.  Any release of such Personal Information must be in accordance with the Act and must be approved by the Customer by written consent, unless subject to an operation of law.
2 Notwithstanding clause 1, privacy limitations will extend to the Supplier in respect of Cookies where the Customer utilises the Supplier’s website to make enquiries. The Supplier agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
(a) IP address, browser, email client type and other similar details;
(b) tracking website usage and traffic; and
(c) reports are available to the Supplier when the Supplier sends an email to the Customer, so the Supplier may collect and review that information (“collectively Personal Information”)
If the Customer consents to the Supplier’s use of Cookies on the Supplier’s website and later wishes to withdraw that consent, the Customer may manage and control the Supplier’s privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site. 

3 The Customer authorises the Supplier or the Supplier’s agent to:
(a) access, collect, retain and use any information about the Customer;
(i) including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice for the purpose of assessing the Customer’s creditworthiness; or 
(ii) for the purpose of marketing products and services to the Customer.
(b) disclose information about the Customer, whether collected by the Supplier from the Customer directly or obtained by the Supplier from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
4 Where the Customer is an individual the authorities under clause 3 are authorities or consents for the purposes of the Privacy Act 2020.
5 The Customer shall have the right to request (by e-mail) from the Supplier, a copy of the Personal Information about the Customer retained by the Supplier and the right to request that the Supplier correct any incorrect Personal Information.
6 The Supplier will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law. 
7 The Customer can make a privacy complaint by contacting the Supplier via e-mail. The Supplier will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Privacy Commissioner at http://www.privacy.org.nz.

Copyright

The material (including text, sound, and video) featured on this site is the copyright of B.E. Hall Ltd unless otherwise indicated. It may be reproduced free of charge in any format or medium, provided it is used for non-commercial, informational purposes only. This is subject to the material being reproduced accurately and not used in a misleading context. Where any of the copyright items on this site are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged. The permission to reproduce copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned. For any other proposed use of the material on this site, please contact the web editor at info@arcweld.co.nz . Explain how and why you wish to use the materials. Please include your name, organisation, telephone number, and email address.

Names, images, and logos

The names, images, and logos identifying B.E. Hall Ltd and any of its subsidiaries and third parties and their information, products, and services, are proprietary marks of B.E. Hall Ltd or third parties. If you have received approval to link to the Arc Welding Supplies website you may use the logo in conjunction with the link only if you have received prior permission to do so. No other use of our logos, or any third party logos, accessed via this website, is permitted without prior approval from the relevant copyright owner. Requests for permission to use our logos should be directed to the web editor at marketing@arcweld.co.nz . Explain how and why you wish to use our logo. Please include your name, organisation, telephone number, and email address.

Disclaimer

B.E. Hall Ltd makes no representations or warranties, either expressed or implied, as to the accuracy of the information on this website (http://www.arcweld.co.nz/), or its fitness for any purpose whatsoever. In no event will B.E. Hall Ltd be liable for any direct, indirect, special incidental, or consequential damages arising out of the use of the information held on this website. Pricing, specifications and availability subject to change without notice and is subject to confirmation. E & OE.

Linking to our website

You must ask permission to link directly to pages hosted on this site. Please contact the web editor at marketing@arcweld.co.nz . Explain how and why you wish to use the materials. Please include your name, organisation, telephone number, and email address.

External links on the website

We are not responsible for the content or reliability of linked websites and listing should not be taken as endorsement of any kind. We have no control over the availability of linked pages.

Company registration information

Arc Welding Supplies is a division of B.E. Hall Ltd, which is a registered limited liability company in New Zealand. The company registered address is: 9 Bandon St, Frankton Hamilton, New Zealand. Map.

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