Terms and Conditions
This website is managed by BOC Ltd (T/A ARC Welding & Safety Supplies). By using the site, you are accepting the following terms and conditions. Please read them carefully. In addition, when you use any current or future ARC Welding & Safety Supplies service or visit or purchase from any business affiliated with ARC Welding & Safety Supplies, whether or not included in the ARC Welding & Safety Supplies Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
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.
ONLINE 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) online 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.
ELECTRONIC COMMUNICATIONS
When you visit ARC Welding & Safety Supplies or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
The material (including text, sound, and video) featured on this site is the copyright of BOC 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 marketing@arcweld.co.nz . Explain how and why you wish to use the materials. Please include your name, organisation, telephone number, and email address.
LICENSE AND SITE ACCESS
ARC Welding & Safety Supplies grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ARC Welding & Safety Supplies. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ARC Welding & Safety Supplies. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ARC Welding & Safety Supplies and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ARC Welding & Safety Supplies's name or trademarks without the express written consent of ARC Welding & Safety Supplies. Any unauthorised use terminates the permission or license granted by ARC Welding & Safety Supplies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ARC Welding & Safety Supplies so long as the link does not portray ARC Welding & Safety Supplies, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ARC Welding & Safety Supplies logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ARC Welding & Safety Supplies does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use ARC Welding & Safety Supplies only with involvement of a parent or guardian. ARC Welding & Safety Supplies and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. ARC Welding & Safety Supplies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant ARC Welding & Safety Supplies and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ARC Welding & Safety Supplies and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ARC Welding & Safety Supplies or its affiliates for all claims resulting from content you supply. ARC Welding & Safety Supplies has the right but not the obligation to monitor and edit or remove any activity or content. ARC Welding & Safety Supplies takes no responsibility and assumes no liability for any content posted by you or any third party.
OTHER BUSINESSES
Parties other than ARC Welding & Safety Supplies and its subsidiaries sell product lines on this site. In addition, we provide may links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. ARC Welding & Safety Supplies does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
COPYRIGHT COMPLAINTS
ARC Welding & Safety Supplies and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.
PRODUCT DESCRIPTIONS
ARC Welding & Safety Supplies and its affiliates attempt to be as accurate as possible. However, ARC Welding & Safety Supplies does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ARC Welding & Safety Supplies itself is not as described, your sole remedy is to return it in unused condition.
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.
RISK OF LOSS
All items purchased from ARC Welding & Safety Supplies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
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
Our Suppliers manufacture their products in accordance with their own stringent inhouse quality controls and guidelines. This enables us to provide you with a high-quality assurance for the products we provide. If you find a manufacturing defect in the product you have purchased, please contact Arc Welding & Safety Supplies, and cease use of the product immediately.
It is mandatory to return the product to ARC Welding & Safety Supplies store for an inspection to take place. Claims for defective product are at the discretion of ARC Welding & Safety Supplies. Please contact the branch directly to discuss your claim.The warranty item will be repaired or replaced. If not applicable – refunded according to Consumer Guarantees Act 1993(NZ). The value of the refunded/replaced item will be equal to the purchase price of the original item, as mentioned in the invoice, irrespective of the current price of the product, at the time of the claim taking place. The freight of the returned items will be at the expense of the customer. The freight for the fixed/replaced items to the purchaser is under ARC Welding & Safety Supplies expenses.
Final decisions for warranty or replacement will be subject to the our Suppliers Policy and Terms & Conditions. The time frame for placing a claim on faulty products is 1 months for consumables, 6 months for safety items and 1 year for machinery (or as otherwise specified in your warranty at the time of purchase). This time frame is subject to change at the of discretion of AARC Welding & Safety Supplies and our Suppliers.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BOC Ltd makes no representations or warranties, either expressed or implied, as to the accuracy of the information on this website, or its fitness for any purpose whatsoever. In no event will BOC 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.
ARC Welding & Safety Supplies does not warrant that this site, its servers, or e-mail sent from {{ store_name }} are free of viruses or other harmful components. ARC Welding & Safety Supplies will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
APPLICABLE LAW
By visiting ARC Welding & Safety Supplies, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ARC Welding & Safety Supplies or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to ARC Welding & Safety Supplies or to products you purchase through ARC Welding & Safety Supplies shall be submitted to confidential arbitration in New Zealand, except that, to the extent you have in any manner violated or threatened to violate ARC Welding & Safety Supplies's intellectual property rights, ARC Welding & Safety Supplies may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to ARC Welding & Safety Supplies. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.