Terms of Service
Terms of Service
Tether My Treasure - (Terms of Sale, Hire and Trade)
1.1 These terms shall apply to and govern the supply by Tether My Treasure to the customer of all goods whether for purchase, rental or otherwise and any services provided by Tether My Treasure. These terms shall prevail over any other document unless otherwise agreed in writing by Tether My Treasure.
1.2. Tether My Treasure may at any time amend these terms by notice in writing to the customer, which may be by email or by notifying the customer of the updated terms when they access the Tether My Treasure website. Tether My Treasure’s current terms and conditions are available for viewing at www.tethermytreasure.nz.
2. Quotes and Acceptance of Orders
2.1 All quotes for sale or hire or services are valid for 30 days. Tether My Treasure reserves the right to correct any errors or omissions in any quotation, invoice or schedule it provides to the customer.
2.2 All orders for goods or services are subject to their acceptance by Tether My Treasure and, in the case of goods not held in stock by Tether My Treasure, confirmation by Tether My Treasure. Tether My Treasure reserves the right to change any quoted price before confirmation is received. Tether My Treasure reserves the right to accept or decline any order in its absolute discretion.
2.3 After acceptance by Tether My Treasure, no order may be cancelled or amended without the prior approval of Tether My Treasure and then only on the terms specified by Tether My Treasure.
3. Rental of Hired Goods
3.1 Tether My Treasure may agree to hire out hired goods and the customer shall hire the hired goods and be entitled to use the hired goods on these terms and in accordance with the rental agreement entered into between Tether My Treasure and the customer (the “rental agreement”).
3.2. Once Tether My Treasure has agreed to hire goods to the Customer, the Customer must pay the non-refundable deposit amount set out in the rental agreement to secure the booking (“deposit”). The deposit is non-refundable. Tether My Treasure is under no obligation to return the deposit if a customer decides to cancel a booking. Once the hired goods are collected or delivered, the deposit forms part of the bond payable under clause 3.4(d) for the hired goods.
3.3. The hire period starts on the day the hired goods are collected or received by the Customer and ends on the day the hired goods are received in full back at Tether My Treasure’s premises (or such other location as agreed to by Tether My Treasure).
3.4 At the beginning of the hire period:
(a) The customer will receive the hired goods by either collecting them from Tether My Treasure’s premises or by delivery arranged with Tether My Treasure.
(b) Those hired goods that require installation will be installed by Tether My Treasure in the customer’s vehicle. If installation is not required, Tether My Treasure will provide the customer with the child restraint manual which includes installation instructions.
(c) Tether My Treasure will provide the customer with a schedule itemising the hired goods provided to the customer.
(d) The customer will be required to pay a bond on the hired goods, the amount of which will be determined based on the number of car seats being hired. Tether My Treasure will notify the customer of the bond amount when the booking is made for the goods and the bond must be paid when the hired goods are installed or when delivered to the customer. The deposit paid under clause 3.2 will be retained by Tether My Treasure and form part of the bond.
(e) The customer will be required to provide proof of identification in the form of a drivers licence or passport.
3.5 At the end of the hire period:
(a) The customer will deliver the hired goods back to Tether My Treasure’s nominated delivery location or arrange for Tether My Treasure to collect the hired goods, at the customer’s cost. The customer shall return the hired goods in a clean condition and in good working order and repair (fair wear and tear excepted).
(b) When Tether My Treasure receives the returned hired goods, it will check the goods against the schedule provided at the beginning of the hire period. Any hired goods returned to Tether My Treasure which are:
(i) not in a clean condition, then Tether My Treasure will arrange cleaning and the cost of such cleaning shall be payable by the customer;
(ii) not in good working order and repair (fair wear and tear excepted), then Tether My Treasure may elect (in its sole discretion) to repair, recondition or renew such goods and the repair, reconditioning or renewal costs shall be payable by the customer; and
(iii) in Tether My Treasure’s opinion (in its sole discretion), in an unrepairable condition or not returned when checked against the schedule(s), then the customer shall pay Tether My Treasure for such goods at the then-current retail value advised by Tether My Treasure.
(c) If the hired goods are returned in an acceptable condition, Tether My Treasure will refund the bond paid by the customer as detailed on the rental agreement.
3.6 Payments for the above shall be due immediately upon return from the customer to Tether My Treasure and clause 6 (Payment) of these terms shall apply.
3.7 The customer acknowledges it is receiving the hired goods in good working order and clean condition and that the hired goods are fit for the purpose for which the customer requires the hired goods. The customer shall Clean the hired goods only in accordance with the cleaning instructions set out in the child restraint manual provided by Tether My Treasure.
3.8 After Tether My Treasure’s initial installation of the hired goods, the customer shall be responsible in all respects for ensuring that the hired goods are at all times installed and used properly (whether by the customer or any third party) in accordance with the manual provided by Tether My Treasure. The customer undertakes that it will advise Tether My Treasure immediately of any loss or damage to hired goods or if the child restraint is involved in any car accident of any degree and will immediately cease use of any damaged hired goods.
3.9 The hired goods shall be at the sole risk of the customer throughout the hire period and until such time as the hired goods are returned to Tether My Treasure’s premises (or such other location as agreed to by Tether My Treasure). The customer must not lend, transfer or otherwise part with possession of the hired goods during the term. The customer shall keep the hired goods insured and keep Tether My Treasure indemnified for any loss or damage to the hired goods during the hire period.
3.10 The customer must notify Tether My Treasure of any changes to their address or contact details during the term.
3.11 Tether My Treasure may terminate the hire period for any hired goods by giving 10 working days’ notice to the customer, and in the event of such termination the provisions of clause 7 (Default and Termination) shall apply.
4. Price of Goods and Services
4.1 Subject to clause 4.2, the price of the sale goods shall be the price notified to the customer by Tether My Treasure when the customer's order is accepted plus any applicable government duties, levies or taxes.
4.2. Hire charges on hired goods for the hire period will be on a weekly basis (based on a week of 7 days), monthly or other periodic rate as specified in the Tether My Treasure invoice for hired goods that are supplied (the “hire charges”) plus any applicable government duties, levies or taxes.
4.3. Charges for services shall be the price notified to the customer by Tether My Treasure at the date the customer's request for services is accepted by Tether My Treasure plus any applicable government duties, levies or taxes.
5. Title and Risk
5.1. Title and risk in all sale goods shall pass to the customer when the sale goods are paid for in full in cleared funds.
5.2. Notwithstanding the above, the customer acknowledges that it has no right, title or interest in any hired goods and that the hired goods will at all times remain the property of Tether My Treasure. The customer agrees that it will not create any charge, lien or any other encumbrance whatsoever over any of the hired goods or sell or otherwise dispose of the hired goods without the prior written consent of Tether My Treasure. All risk of the hired goods shall be in accordance with clause 3.7 of these terms.
6.1. Payment for sale goods and for services from the customer to Tether My Treasure are due in cleared funds on the date of invoice unless credit terms are extended to the customer. All items remain the property of Tether My Treasure until full payment has been received and cleared.
6.2. Payment of the hire charges for hire goods shall be paid at the time the hired goods are installed and before the customer takes possession of the hired goods.
6.3. Time is of the essence in respect of the payment obligations of the customer. If payment is overdue that shall constitute a breach of these terms and the customer will upon demand in writing pay to Tether My Treasure interest at the rate of 2.5% per month (or part month) on any amounts due and unpaid from the date that payment was due until payment in full in cleared funds is received by Tether My Treasure.
6.4. If payment is overdue Tether My Treasure may, in addition to its other remedies, terminate any hire agreements then in place, or withhold supply of any such goods or the provision of services until the customer has paid or discharged all sums owing to Tether My Treasure.
7. Default and Termination
7.1. Tether My Treasure shall be entitled to suspend or cancel all or any part of the contract or rental agreement recorded in these terms and/or any other contract or contracts with the customer, in addition to its other remedies, by notice in writing to the customer upon the happening of any of the following events of default:
(a) if any amounts payable by the customer to Tether My Treasure are overdue; or
(b) if the customer fails to meet any obligation under these terms or any other contract with Tether My Treasure; or
(c) if the customer becomes bankrupt.
7.2. Upon cancellation of the contract recorded in these terms:
(a) Tether My Treasure will be entitled to retain that portion of the bond required to cover any amounts owed by the customer under the rental agreement;
(b) all sums owing by the customer to Tether My Treasure that are not covered by the bond shall become immediately due and payable; and
(c) where the customer has hired goods in its possession:
(i) the customer shall immediately cease using the hired goods; and
(ii) the customer will immediately arrange for the hired goods to be returned to the customer’s premises and will take all steps that may be reasonably required by Tether My Treasure to return the hired goods to Tether My Treasure’s premises (or such other location as agreed to by Tether My Treasure).
7.3. If the customer defaults under this these terms, Tether My Treasure will be entitled to the recovery from the customer all costs incurred by Tether My Treasure in enforcing its rights under these terms.
8. Consumer Guarantees
8.1. Tether My Treasure will comply with its statutory obligations under the Consumer Guarantees Act 1993 with respect to defect goods.
9. Extent of liability:
9.1. To the maximum extent permitted by law, warranties implied by customary practice, statute or at law are excluded. Tether My Treasure’s liability for any defective or damaged goods or for any cost, loss, damage or claim arising directly or indirectly in relation to any services provided or goods supplied by us, whether arising from contract, tort (including negligence) or otherwise, shall be limited to (at Tether My Treasure’s option):
(a) replacing the affected goods or (where possible) re-supplying the services;
(b) providing the customer with a refund of the price paid for the affected services/goods
9.2 Tether My Treasure is not responsible for any defect, loss or damage that results partly or wholly from: (a) the act or omission (including negligence) of any third party; or (b) a cause beyond Tether My Treasure’s reasonable control. We are not responsible in any circumstances for any indirect, consequential or special loss, loss of profits or economic loss.
10.1. In these terms
(a). the following terms shall have the following meanings:
“customer” means any person or entity who purchases sale goods and/or hires hire goods from Tether My Treasure.
“goods” means the hired goods and the sale goods.
“hired goods” means Tether My Treasure’s child restraints hired by the customer from Tether My Treasure pursuant to these terms or other agreement between the customer and Tether My Treasure.
“sale goods” means any goods for sale by Tether My Treasure.
“services” means installation services provided by Tether My Treasure to the customer from time to time.
“working day” means a day on which banks are open for business in Auckland, New Zealand, not being a Saturday, Sunday or public holiday.
10.2 New Zealand law governs these terms and New Zealand Courts have non-exclusive jurisdiction.
10.3 If any provision of these terms shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
10.4 These terms together with the payment, goods and services details contained in any invoice(s), sale or hire contract or order form or schedule constitute the entire agreement between the parties relating to the goods and services.
Questions about the Terms of Service should be sent to us at www.tethermytreasure.nz