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Terms of Sale

Last updated: June 2021

1. These terms

  1. Please read these terms carefully before you place an order with us. If you have any questions about these terms, please ask us before you place your order.
  2. What these terms cover. These terms apply to our supply of hot water cylinders and any other products to you, the installation and any servicing of those products if required, and any repair work we do for you.
  3. Why you should read them. These terms tell you who we are, how we will provide our products and services, how you or we may change or cancel an order, what to do if there is a problem, and other important information. When you place an order with us or otherwise agree to purchase our products and services, you acknowledge that you have read and understood these terms and agree to be bound by them.

2. Information about us and how to contact us

  1. Who we are. We are The Cylinder Guy, a division of Just Life Group Limited (NZBN 9429039526809).
  2. How to contact us. You can contact us by telephoning our customer service team at 0800 234 800 or using the enquiry form. Please provide your name, address, details of the order and, where available, your phone number and email address.
  3. How we may contact you. If we have to contact you we will do so by telephone or by writing (including by text or other electronic message) to you at the telephone number, email or postal address you provided to us in your order.

3. Orders & payment

3.1 How to place an order. If you would like to order any of our products, please call us on 0800 234 800 or send us an enquiry using the enquiry form on our website – https://cylinderguy.co.nz/contact-us/ . One of our team will get back to you to collect any further information we need about your requirements. We can also suggest a best fit solution for your needs if you so wish.
3.2 Fixed price quotes. Once one of our team has processed your requirements, we will email you a quote confirming your order details and directions for payment. We provide fixed price quotes and we guarantee to never exceed this price for the products and services quoted. This provides you with budget certainty. However, if for some reason the job changes from the original specification we undertake to keep you fully informed and re-quote if necessary.
3.3 When your quote might change. The total price on your quote only covers the products and services explicitly stated on your quote. Any products and services that we supply you that are not included in your quote will incur an extra charge. If the scope of products or services we supply you changes, including if extra work is needed to comply with safety obligations, legal codes or other requirements, we are entitled to charge for those extra products and services. Where practicable we will seek your approval before continuing with any changes to the products and services.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a requirement you have specified.
3.5 How to pay us. If you are happy with your quote, you can choose to either pay us for your order in full or pay us a deposit of 50% of your total quote to confirm your order. This payment creates a binding contract to purchase the products and services set out in your quote. You do not need to sign or return your quote to us. If you have only paid us a 50% deposit to confirm your order, the balance of your quote must be paid once we deliver and complete installation of the products. Instructions for payment are set out in your quote. Please pay all quotes by direct credit into our bank account.
3.6 Cancellation fee. Please note that if you cancel your order after paying us, a cancellation fee will apply and we are allowed to deduct this sum from the monies you have paid us as a deposit. The cancellation fee will equal 25% of your total quote plus $100 (plus GST). We will refund you the balance of your deposit.
3.7 Overdue payments. If you do not make any payment when due, we may require you to pay for the costs, expenses or disbursements we incur in recovering money from you, including without limitation, debt collection agency fees and legal fees on a solicitor and own-client basis. This is in addition to any other remedies we may be entitled to at law.
3.8 No deductions. You are not allowed to deduct or withhold any sums or money owed to us because you dispute an invoice.

4. How we provide our products and services to you
4.1 Order is as confirmed on quote. The products and services we are responsible for providing you are as set out in your quote (unless your order is changed or cancelled as permitted under these terms). Please carefully check the quote when you receive it to ensure that your order details are correct. If there are any issues, please contact us.
4.2 Delivery dates. We will use our best endeavours to deliver the products and services by the estimated delivery date, but all delivery dates are estimates only. We will not be responsible for any loss, damage or expenses incurred by you due to our failure to deliver by the estimated delivery date.
4.3 Delivery address. The products will be delivered to, and installed at, your specified address, as recorded on your quote.
4.4 If you are not at the delivery address when we deliver. If no one is available at your specified delivery address to take delivery we reserve the right to charge you for any costs we incur for storing the products until actual delivery and any additional handling, delivery and transport costs. This will be in addition to and not in substitution for any other payment or damages which you may be responsible for from failure to take delivery.
4.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and will charge you for storage costs and any further delivery costs as stated in paragraph 4.4. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may cancel your order.
4.6 When you become responsible for the goods. A product will be your responsibility and delivery deemed completed when the product is off-loaded at your specified delivery address.
4.7 When you own goods. You own the product once we have received payment in full for the product and any related services.
4.8 Information you need to give us. We may need certain information from you so that we can provide you with suitable products and services. For example, we might need to know the size of your house or how many people live in it to identify the right hot water cylinder for you. We will contact you to ask for this information if we need it. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either cancel your order or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. Please refer to our privacy policy – www.cylinderguy.co.nz/privacy-policy – for information about how we collect, store, use and disclose your personal information.
4.9 Potential suspension. We may suspend the supply of a product or service:
(a) to deal with technical problems;
(b) to deal with issues with the supplier of that product or service;
(c) to make changes to the order as requested by you or notified by us to you; or
(d) if your property is unsafe.
4.10 Delays outside our control. If our supply of products or services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. When we do so, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products and services you have paid for but have not received. Circumstances beyond our control, by way of illustration, may include any order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty or delays in procuring the products, embargo, accident, emergency, outbreak of disease or epidemic or restrictions imposed to prevent or restrict an outbreak of disease or epidemic, or act of God/natural hazard or event, or other contingency whether affecting us directly or any supplier to or haulier for us. Should any delay continue for more than two months, we may cancel your order by notice to you, but we shall not be liable to compensate you in damages or otherwise for late delivery where such late delivery is for reasons stated in this paragraph.

5. Product compliance
5.1 Products may vary slightly from their pictures. The images of products on our website or any print material are for illustrative purposes only. Although we have made every effort to display products accurately, we cannot guarantee that an image of a product accurately reflects the colour or any other representation of that product or how it will be installed on your property. Your product, including the product’s packaging, may vary slightly from those images.
5.2 Product compliance. We may from time to time provide advice and statements about products and services. However, we are simply hot water specialists and do not provide any engineering or design services. Apart from any mandatory compliance certificates (if required) and the warranties and guarantees provided under paragraph 6, we do not take responsibility for the accuracy or completeness of any advice given regarding the suitability of any product or service for any particular purpose.

6. Our warranties & guarantees
6.1 Product warranties. All our products are supplied with the current warranties provided by the particular manufacturer of that product or element of that product at the time of your order. Please note that manufacturer warranties may vary for different products and for different components of a product.
6.2 Service guarantee. If we install or service a product, we guarantee our workmanship for the installation and related services for 12 months from the date of original installation / service. If there are any issues with our service during the guarantee period, we will come in to fix the issue.
6.3 See our website for more warranty information. Further conditions relating to the warranties we provide and what steps to take when there is a fault are all set out on our website at https://cylinderguy.co.nz/warranty/. These apply to all products and services we provide you so please read these carefully.
6.4 Consumer Guarantees. If you are a consumer, you also have guarantees under the Consumer Guarantees Act 1993. If you hold yourself out as acquiring the products or services for resale or for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply and are expressly excluded.
6.5 The scope of our warranties. We provide the product and service warranties set out in these terms, on our website and in any quote. We do not provide any other warranties. We take no responsibility for any other representation, statement, warranty or condition made by any of our representatives or agents or anyone else regarding our products and services.
6.6 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. When we remove an old cylinder, we will do our best to ensure the area around the cylinder is cleaned up. However please be mindful that sometimes there will be gaps around the piping of the old cylinder or a hole left where an old pipe was, and we are not responsible for any such gaps or holes unless it is explicitly included in our quote.
6.7 No responsibility for other work you request. Please note that our obligations (including product warranties and service guarantees) only apply to the goods and services we agree to provide you, as set out in your quote. If you ask our plumber or other subcontractor to provide further goods and services (such as new bathroom fixtures), this is between you and them, and does not form part of the goods and services we agree to provide you.

7. Changing or cancelling orders
7.1 How you can change your order. If you wish to change your order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Any minor onsite variations agreed by you in writing or verbally will also form part of your amended order. We reserve the right to charge you any reasonable fees and net costs incurred with your changes.
7.2 When we can change your order. We reserve the right to change your order if there was an error with it or if we are unable to provide the products or services. If we are unable to provide a particular product, we may substitute a product that is equal to or better than the product you initially ordered. We will tell you if we need to change your order, and you may cancel your order if you do not agree to the changes.
7.3 When you can cancel an order because of something we have done or are going to do. If you want to cancel an order for a reason set out at (a) to (d) below we will refund you the price you paid in full for any products or services which have not been provided. The reasons are:
(a) we have told you that we need to change your order (as per paragraph 7.2 above) and you do not agree to the change;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons; or
(d) you have a legal right to cancel your order because of something we have done wrong.
7.4 Cancelling an order for some other reason. You can also cancel an order at any time before the date scheduled for installation if you change your mind or for any other reason (other than those set out in paragraph 7.3) by writing to us. However if you do so you will be charged the cancellation fee set out under paragraph 3.6.
7.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products and services by the method you used for payment.

8. Health and safety
8.1 We will follow all relevant health and safety requirements when providing you with the products and services.
8.2 You agree to provide us with a safe working environment whilst we are on your property, and to let us know of any safety hazards that we should be aware of. If our installer considers that your property is unsafe in any respect (including as a result of the behaviour of persons on your property) then we may suspend the delivery of the products and services or cancel your order.

9. Other important terms
9.1 We may transfer or subcontract our rights and obligations. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to cancel your order within 3 days of us telling you about it and we will refund you any payments you have made in advance for products and services not provided. We may also subcontract the installation, servicing and repair services we have agreed to provide you to suitably qualified contractors.
9.2 You need our consent to transfer your rights and obligations to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
9.3 If a court finds part of these terms unenforceable, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.4 Even if we delay enforcing our rights, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your obligations, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you do not pay and we do not chase you, but we continue to provide the products and services, we can still require you to make the payment later.