Returns Policy

The following Terms of Trade (Terms) apply to any Products or Services the Customer requests or receives from Foley Industries Limited (Foley Industries) (subject to any variations agreed in writing between the parties) and shall constitute a binding agreement and acceptance by the Customer. In the event of any inconsistency between these Terms and any other prior document or schedule that the parties have entered into, the terms of this Agreement shall prevail.
DEFINITIONS
Foley Industries means Foley Industries Limited, at 33 Bishop Dunn Place, East Tamaki, Auckland.
Customer means the person/s, entities or any person acting on behalf of and with the authority of the Customer purchasing Products and/or Services from Foley Industries.
Price means the price payable (plus GST) for the Products and/or Services as agreed between Foley Industries and the Customer and includes all disbursements/material costs paid to third parties.
Products and/or Services means all products, materials, goods, fabrication services, welding, CNC work, technical advice, technical plans and specifications provided by Foley Industries to the Customer and all of the Customer’s present and after-acquired products that Foley Industries has performed work on or to in which Products have been attached or incorporated.
1. GENERAL TERMS
1.1 The Parties agree to comply with: a) the provisions of all statutes, regulations, N.Z standards applicable and bylaws of Government, local and other public authorities that may be applicable to the provision of the Products and Services, including any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Services.
1.2 The Parties agree that Foley Industries shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that if any of their information provided is inaccurate, Foley Industries accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
1.3 Where Foley Industries has designed, drawn or prepared design plans or a schedule of Products, or created any Products for the Customer, then the copyright in all such designs, drawings, documents, plans, schedules and Products (Foley Industries I.P) shall remain vested in Foley Industries and shall only be used by the Customer at Foley Industries discretion. Under no circumstances may the Foley Industries I.P be used without Foley Industries prior written approval.
1.4 The Customer agrees that Foley Industries may use for the purposes of marketing or tenders, any Foley Industries I.P which it has created for the Customer at no cost.
1.5 If the Customer is acquiring the Products and Services for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the Customer.
2. RESPONSIBILITIES OF FOLEY INDUSTRIES
2.1 Use its reasonable endeavours to provide Products and/or Services to a high industry standard.
2.2 Use reasonable endeavours to provide the Products and/or Services as soon as reasonably possible unless delayed by an event beyond its control including but not limited to: a) the Customer failing to provide detailed technical design plans; b) an unavailability of labour, subcontractors or materials; and c) planned or unplanned production stoppages due to urgent maintenance.
2.3 Ensure the Products supplied are: a) fit for the intended purpose; b) of the best available quality for the Customer’s intended purpose; c) free from any defect (including latent defect) in design, materials and workmanship by reference to the best industry standards; and d) in accordance with the quote provided.
2.4 Where the Customer has supplied material for Foley Industries to fabricate, Foley Industries shall advise the Customer of its suitability for the intended purpose. However, if in Foley Industries opinion, it is believed that the material supplied is not suitable or will not conform with New Zealand standards, then Foley Industries shall be entitled, without prejudice, to suspend the Services until the appropriate conforming material is sourced or the appropriate engineer’s certification for the Product is produced and all costs associated with this will be invoiced in terms of clause 5.1.
2.5 Provided the Customer advises Foley Industries immediately of any missing or damaged Products on receipt of the order, Foley Industries will replace the missing or damaged Products as soon as reasonably possible at its cost..
2.6 Foley Industries agrees to promptly notify the Customer if: a) it becomes aware of anything which might prevent it or delay it in completing the Products and/or Services; b) it becomes aware of any design or manufacturing defect in the Products, or any intellectual property claim by any third party relating to the Product plans or design.
3. RESPONSIBILITIES OF THE CUSTOMER
3.1 The Customer agrees to provide the information Foley Industries requests and warrants all information provided to Foley Industries is accurate and correct. Foley Industries may not be able to provide the Products and/or Services if the Customer fails to provide the information Foley Industries needs or the information is not incorrect.
3.2 The Customer agrees to only use the Products in accordance with instructions provided and any other relevant safety standards or legislation pertaining to the Products including the Building Act 2004 (and its Amendments).
3.3 The Customer agrees to pay a restocking fee based on 15% of Products incorrectly ordered plus return freight and packaging costs. Foley Industries will not accept any returned Products that are not in new condition, custom made, or made to order.
3.4 The Customer must not attempt to assign the benefit or otherwise deal with this Agreement without first obtaining Foley Industries prior written consent.
4. QUOTATIONS
4.1 Foley Industries agrees to honour its written price quotes for 7 days provided the Customer has unconditionally accepted it in writing.
4.2 After the expiry of 7 days the amount payable by the Customer will be adjusted to the then current rates and prices applicable at the time of supply.
4.2 The terms of any available warranty will be detailed in the quotation, otherwise clause 6 applies.
5. PRICE, PAYMENTS & SECURITY
5.1 The Customer agrees to pay Foley Industries the Hourly Rate or Price Per Unit (plus GST) agreed to for the Services, subject to any agreed variations. Foley Industries may vary the rate to be charged for the Services at any time by giving the Customer one month’s written notice. Where no price has been agreed to for the Products and/or Services the Customer agrees to pay the current amount Foley Industries charges at the time of supply.
5.2 Foley Industries may increase the price of Products and/or Services by the amount of any reasonable increase in the cost of their supply that is beyond its control or due to unexpected complications e.g., increase in cost of materials, defective plans & measurements, delays by the Customer.
5.3 Any expenses, disbursements and legal costs incurred by Foley Industries in the enforcement of any rights contained in this Agreement shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 If the Customer fails to make payment on the due date, then without prejudice to any other rights Foley Industries may have, it may suspend or cancel further Products and/or Services or enter the Delivery Address and recover possession of the Products.
5.5 The Customer agrees to pay a minimum travel time charge of $40 (plus GST) and or a fee calculated on the distance to the Delivery Address from Foley Industries whenever Foley Industries is required to visit the Customer.
5.6 The Customer is not entitled to withhold or set-off against any payment due under this Agreement because of any claim or dispute, delay or failure beyond the reasonable control of Foley Industries.
5.7 The Customer gives Foley Industries a security interest in all of the Customers present and after acquired property that Foley Industries has performed Services on or to or in which Products supplied by Foley Industries have been attached or incorporated and agrees to Foley Industries registering a financing statement on the Personal Property Securities Register pursuant to the Personal Property Securities Act 1999 ('the Act").
5.8 On the request of Foley Industries the Customer will promptly execute any documents and do anything else required by Foley Industries to ensure that the security interest created under this Agreement constitutes a first ranking perfected security interest over the Products and their proceeds including providing any information Foley Industries requires to complete a financing statement or a financing change statement. The Customer waives any right to receive a copy of a verification statement under the Act.
6. WARRANTY
6.1 No representation, undertaking or warranty made by Foley Industries to the Customer shall be of any effect unless recorded in writing and agreed by both parties. No warranty is available for Products that have been incorrectly installed, used or damaged by the Customer.
6.2 Defective or faulty Products and/or Services must be returned or reported to Foley Industries immediately. Foley Industries will settle any warranty claims by repairing or replacing/repeating the faulty Products and/or Services provided the claim is reported within 12 months of delivery or completion by Foley Industries.
6.3 All warranty claims relating to Products and/or Services are conditional on the relevant invoice being paid in full and limited to the warranty terms set out on the Quotation provided or under clause 6.2 above.
7. INDEMNITY, LIABILITY & RISK
7.1 If a Foley Industries employee is injured, or becomes liable for any breach of any statute or common law action whilst visiting the Delivery Address, the Customer will indemnify Foley Industries in respect of any liability resulting from the injury or breach including (but not limited to) any: a) damages or penalties imposed on the Customer under any Act or Regulations; b) claims bought by the employee (or their executor) against the Customer arising out of the injury; and c) any payments (including increases in levies due to an injury or accident) made by the Customer under the Injury Prevention and Rehabilitation and Compensation Act 2001.
7.2 Foley Industries will not be liable for any failure to provide the Products and/or Services if the failure arises as a consequence of fire, embargo, strike, pandemic, inability to secure labour, or any other matters beyond the control of Foley Industries. In addition, Foley Industries will not be liable for any delay or failure to obtain material for the Product or an employee to provide Services for the Customer or any consequential loss or damage arising in respect of a delay or failure.
7.3 Neither party shall be liable to the other party for any indirect or consequential loss, damages or expense of any kind whatsoever arising under or in respect of this Agreement. This includes, without limitation, any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused.
7.4 The Customer agrees where it has supplied the design or specifications of the Product to Foley Industries to indemnify Foley Industries against any claims for infringement of the Intellectual Property Rights of any third party. The Customer indemnifies Foley Industries its servants, agents and employees from and against any loss, costs, expenses, liability, actions, claims and demands (including the legal costs involved in defending or settling any action or demand) which may be suffered by Foley Industries and brought against Foley Industries arising out of any breach of this clause 7.4.
7.5 Clauses 7.3 & 7.4 shall remain in and effect after termination of this Agreement.
7.6 The Products will remain at Foley Industries’ risk until uplifted by the Customer or their agent which will be deemed completed when Foley Industries gives possession of the Products to the Customer or to their agent for the purposes of delivery to the Customer.
8. SUB-CONTRACT
8.1 Foley Industries may sub-contract in full or in part production of the Products or otherwise arrange for another person to perform any part of the Services or to discharge any of its obligations under any part of this Agreement without the prior written consent of the Customer.
8.2 Foley Industries shall be responsible for ensuring the suitability of all sub-contractors and for ensuring that the work performed by the sub-contractor meets the requirements of this Agreement and Foley Industries shall ensure that the sub-contractor enters into an agreement imposing the same obligations on the sub-contractor as are imposed on Foley Industries under this Agreement in respect of the sub-contracted Services.
9. TERMINATION
9.1 The Customer agrees Foley Industries may terminate this Agreement and the supply of Products and/or Services immediately if any judgment/order is levied against the Customer or its property or if an Administrator/Receiver is appointed or a scheme of arrangement is proposed.
10. ENFORCEMENT
10.1 No failure of a party to exercise any power given to it under this Agreement shall constitute a waiver of any of the parties’ rights to subsequently enforce and compel strict compliance with the provisions of this Agreement.
10.2 Foley Industries may suspend Services or the fabrication of Products at any time if the Customer does not comply with these Terms and it will not be liable for any consequential loss or damages.
10.3 No modification or waiver of any term of this Agreement will bind Foley Industries unless in writing and signed by a director or other representative of Foley Industries.
11. RESOLUTION OF DISPUTES
11.1 The Partners will negotiate in good faith to resolve all differences and disputes between the parties arising out of or related to this Agreement or the circumstances in which it was formed or any question regarding its existence, validity or termination (Dispute).
11.2 If the Dispute has not been settled within 1 month, or within a longer period agreed on in writing by the parties, then the parties shall refer the Dispute to mediation which may be initiated by either party giving a written notice to the other stating the subject matter and details of the Dispute (Mediation Notice). If the parties fail to agree upon a mediator within 7 days of the date of the Mediation Notice then the appointment of the mediation shall be referred to and made by the President of the New Zealand Law Society or his or her nominee.
11.3 This clause 11 shall remain in full force and effect after termination of this Agreement for any reason.
12. NOTICES & LAW
12.1 This Agreement is governed by the laws of New Zealand and the jurisdiction of New Zealand courts will apply to all matters relating to this Agreement.
12.2 Either party may send a notice to the other’s last postal address, last fax number or last email address and it will be deemed to be delivered five days after the date of posting or if sent by fax or email when the transmission is successfully completed. email info@foleyind.co.nz