Terms & Conditions

1. Agreement

Embrium Holdings Limited, trading as GoodMeasure (herein referred to as“GoodMeasure”, “we” or “us”) agrees to sell and the Customer (“you” or “your”) agrees to buy the goods ordered (“Goods”) through the website at store.goodmeasure.net (“Store”).

2. Acceptance

By placing an order for Goods through the Store you are deemed to accept these Terms and Conditions of sale (“Agreement”).

3. Governing Law

The Agreement will be governed by New Zealand Law.

4. Payment

Full payment for the order total, including all taxes and shipping is due at checkout and must be made before the Goods are shipped.
Customer cannot withhold payment or make any deductions from any amount owed to GoodMeasure without GoodMeasure’s prior written consent.

5. Price

All prices (unless specified) exclude freight and GST, and are subject to change without notice.

The purchase price is for Goods supplied and packed, and does not include installation and maintenance.

The price paid at checkout, will be increased by the amount required to include GST, other taxes and duties which may be applicable, as well as insurance/freight/handling charges (except to the extent already expressly included in the price).

GoodMeasure reserves the right to revise prices at any time.

All prices are stated in New Zealand dollars unless otherwise stated.

You are committed to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.

6. Errors, Inaccuracies and Omissions

Occasionally there may be information on the Store that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. GoodMeasure reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Store or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). GoodMeasure undertakes no obligation to update, amend or clarify information in the Store or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Store or on any related website, should be taken to indicate that all information in the Store or on any related website has been modified or updated.

7. Warranty

The Customer agrees and represents that it is acquiring the Goods for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply to the supply of the Goods or the Terms. The original purchaser (Customer) of Goods from the Store is provided with the following warranty and subject to the warranty conditions. GoodMeasure warrants these Goods for a period of 12 months from the date of purchase for all parts defective in performance, workmanship or materials (“Warranty Period”). Defective Goods will be replaced or repaired subject to compliance with the ‘Returns for Warranty’ section of these Terms.

8. Returns for Warranty

In the event that the Customer believes the Goods are defective in performance, workmanship or materials and are within the Warranty Period, the Customer must notify GoodMeasure of the full details of the warranty claim in writing, via email at store@goodmeasure.net quoting the GoodMeasure invoice number and the SKU(s) of the Goods in question.

Details of the warranty claim must be clear, detailed and specific. GoodMeasure will not accept brief warranty claim details such as ‘Faulty’, ‘No-go’ or ‘Doesn’t work’. Goods returned for warranty will only be accepted if GoodMeasure has consented in writing. Any Goods returned without GoodMeasure’s consent will be sent back to the Customer at the Customer’s expense.

Goods returned for warranty will only be accepted subject to the following conditions:

  • - Prior written consent provided by GoodMeasure
  • - All Goods are installed and removed according to the manufacturer's instructions
  • - All wiring is carried out by a licensed electrician or similarly qualified person
  • - Goods have not been modified or changed in any way
  • - All Goods are connected as per the electrical requirements specified in the ratings label(s) or manufacturer’s instructions
  • - Goods are returned to GoodMeasure within 7 days of written approval
  • - Goods are returned clearly labelled and with written description of warranty claim and GoodMeasure invoice number
  • - All parts / accessories to the Goods are returned (i.e. cables, terminal covers, screws)
  • - All Goods are returned at no cost to GoodMeasure

 

Upon receiving returned Goods, if GoodMeasure cannot identify or replicate the defect described in the warranty claim or if there is no identifiable defect in the Goods, we reserve the right to reject the warranty claim and return the Goods to you at your expense.

The typical turnaround period for testing and repair or replacement is 3 to 5 working days; however this may be longer due to the need for sustained testing or supply of replacement parts / units. If the item is required to be sent to the manufacturer for repair, we will advise you with an estimated turnaround time and / or give you a replacement.

9. Returns for Credit

In the event that the Customer believes that the Goods were delivered incorrectly or with damage, the Customer must notify GoodMeasure of the details in writing within five (5) working days of receipt of Goods, via email at store@goodmeasure.net quoting the GoodMeasure invoice number and the SKU(s) of the Goods in question. Should the buyer fail to notify GoodMeasure of any incorrect delivery or damage within five (5) working days of receipt of Goods, it is agreed and regarded that the Goods were delivered and received correctly and in good order. Details of the credit claim must be clear, detailed and specific. GoodMeasure will not accept brief credit claim details such as ‘Broken’ or ‘Wrong’. Goods returned for credit will only be accepted if GoodMeasure has consented in writing. Any Goods returned without GoodMeasure’s consent will be sent back to the Customer at the Customer’s expense.

Goods returned for credit will only be accepted subject to the following conditions:

  • - Prior written consent provided by GoodMeasure
  • - Goods are in original packaging, unsoiled, undamaged and are fit for resale
  • - Goods have not been modified or changed in any way
  • - All parts / accessories to the Goods are returned (i.e. cables, terminal covers, screws, instructions)
  • - Goods are returned to GoodMeasure within seven (7) days of written approval
  • - Goods are returned clearly labelled and with written description of credit claim and GoodMeasure invoice number.
  • - All Goods are returned at no cost to GoodMeasure

 

Upon receiving returned Goods, if GoodMeasure cannot identify any damage as described in the credit claim we reserve the right to reject the credit claim. Goods will be credited at the lesser of the price paid or their current value.

10. Liabilities

GoodMeasure does not accept liability for any direct or consequential damage, loss or other expense arising from misuse, abuse or incorrect installation and operation of these Goods.

Maximum liability: The maximum aggregate liability of GoodMeasure under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed:

i. for any Goods, the price paid for those Goods and;
ii. in any calendar year, the total amount paid by the Customer under the Agreement in the previous year (which in the first year of this Agreement is deemed to be the total amount paid by the Customer for Goods from the Start Date to the date of the first event giving rise to liability).

 

Unrecoverable loss: GoodMeasure is not liable to the Customer for any:

i. loss of profit, revenue, savings, business, use data, and/or goodwill; or consequential, indirect, incidental or special damage or loss of any kind.

Force Majeure: GoodMeasure is not liable to the Customer for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure, provided that GoodMeasure:

i. immediately notifies the Customer and provides full information about the Force Majeure;
ii. uses reasonable efforts to overcome the Force Majeure; and
iii. continues to perform its obligations as far as practicable.

 

    Mitigation: GoodMeasure and the Customer must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with the Agreement.

    11. Delivery

    Delivery: GoodMeasure must deliver the Goods to the Customer at the address specified in the order, or as otherwise agreed in writing. If the Customer is unable to take delivery for any reason, GoodMeasure may store the Goods for later redelivery or resell or resupply the Goods to a third party.

    The Customer indemnifies GoodMeasure against all loss, damage, liability, and costs (including costs of storage and other logistical costs), suffered or incurred (or reasonably charged) by GoodMeasure as a direct or indirect result of any failure by the Customer to take delivery.

    Country: GoodMeasure only ships to addresses or locations in New Zealand

    Delay: GoodMeasure will use reasonable efforts to deliver the Goods on or before the estimated Delivery date (if any) set out in GoodMeasure’s confirmation of order notice, but:

    i. GoodMeasure will not be liable for any loss, liability or damage resulting from any delay; and
    ii. the Customer will not be relieved of any obligation to accept or pay for the Goods by reason of that delay.

       

      Title: Title to Goods passes to the Customer on the later of:

      i. delivery; and
      ii. receipt in full by GoodMeasure of payment for the Goods

         

        Risk: Risk in the Goods passes to the Customer on delivery.

        12. Intellectual Property

        Except to the extent expressly permitted by applicable law, the Customer must (and must procure a third party to) not reverse engineer, copy, decompile, disassemble, or otherwise attempt to access or derive source code or other intellectual property from the Goods or any componentry.

        13. Sale to Third Party

        The Customer may sell Goods to third parties (including as part of any other Goods) in the ordinary course of its business, provided that it has fully paid for the Goods prior to such sale. Where the Customer sells Goods to third parties, it must (and must procure the third party to) comply with any import, export and re-export control law, regulation and policy applying to the Goods, which includes New Zealand and US control laws and any country-specific economic sanctions programs implemented by the United States Department of Treasury Office of Foreign Assets Control.

        14. Compliance

        The Customer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the Goods.

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