Terms and Condition

TERMS AND CONDITIONS OF TRADE

TGTECH LIGHTING LTD

1. DEFINITIONS

1.1 “Supplier” means TGTECH LIGHTING LTD and its successors and assigns.
1.2 “Customer” means any person, company or entity purchasing Goods or Services from the Supplier.
1.3 “Goods” means all products supplied by the Supplier, including lighting products, components, and accessories.
1.4 “Services” includes any advice, recommendations, design input, or related services provided by the Supplier.
1.5 “Price” means the amount payable for Goods and/or Services as determined under these Terms.
1.6 “Custom Orders” means Goods manufactured, cut, or configured to specifications provided by the Customer.
1.7 “Power Supply” includes drivers, transformers, and control gear supplied with or alongside Goods.

2. GOODS AND SERVICES

2.1 Goods and Services supplied will be as described in quotations, invoices, or order confirmations issued by the Supplier.
2.2 Any advice or recommendations are provided in good faith but are relied upon at the Customer’s own risk.

3. PRICING

3.1 Prices are subject to change without notice prior to order confirmation.
3.2 The Price shall be either:
(a) as stated in writing and accepted by the Customer; or
(b) the Supplier’s current price at the time of supply.

3.3 Any quotation:

• is valid for 14 days unless stated otherwise;
• may be withdrawn prior to acceptance;
• applies only to the quantities and scope specified.

3.4 The Supplier reserves the right to adjust pricing where costs increase after quotation due to factors outside its control.

3.5 All prices:

• are in NZD;
• exclude GST;
• exclude freight, handling, cutting, or additional supplier charges unless stated.

4. PAYMENT TERMS

4.1 Payment is due as stated on the invoice or agreed trade terms.
4.2 The Supplier may suspend supply or cancel orders if payment is overdue.
4.3 Overdue amounts may incur interest at 2% per month (or as reasonably determined).
4.4 The Customer is responsible for all debt recovery, legal, and collection costs incurred by the Supplier.

5. CREDIT ACCOUNTS

5.1 Credit accounts are subject to approval and may be withdrawn at any time.
5.2 The Supplier may impose credit limits at its discretion.
5.3 Directors or principals may be required to personally guarantee payment obligations.

6. DELIVERY

6.1 Delivery dates are estimates only and are not guaranteed.
6.2 The Supplier is not liable for delays or any resulting loss or damage.
6.3 Delivery is deemed complete when Goods are handed to a carrier or delivered to the Customer.
6.4 Additional delivery charges may apply at the Supplier’s discretion.

7. RISK AND OWNERSHIP

7.1 Risk in the Goods passes to the Customer upon delivery.
7.2 Ownership remains with the Supplier until all amounts owing are paid in full.

7.3 Until payment is complete, the Customer must:

• store Goods separately and clearly identifiable;
• maintain them in good condition;
• insure them for full value.

7.4 If Goods are resold before payment:

• the Customer sells as principal but holds proceeds on trust for the Supplier;
• proceeds must be identifiable and not mixed with other funds.

7.5 The Supplier may recover unpaid Goods and enter premises where Goods are stored to do so.

8. PRODUCT USE & COMPATIBILITY

8.1 The Customer is responsible for ensuring Goods are suitable for their intended use.
8.2 All electrical products must be installed by a qualified electrician.
8.3 Power supplies supplied are intended for compatibility with Supplier products only.
8.4 The Supplier accepts no liability for:

• incorrect installation;
• modifications;
• use with third-party components.

9. CLAIMS, RETURNS & CUSTOM ORDERS

9.1 Any claims for defects, damage, or shortages must be made in writing within 7 days of delivery.
9.2 No returns will be accepted without prior written approval.
9.3 Approved returns must be unused and in original condition.
9.4 A restocking fee may apply.

9.5 Custom Orders:

• are non-refundable and non-returnable;
• are manufactured based on Customer specifications;
• may be assessed at the Supplier’s discretion for faults only.

10. WARRANTIES

10.1 Manufacturer warranties apply where available and may be passed on to the Customer.
10.2 The Supplier may repair, replace, or refund defective Goods at its discretion.
10.3 Warranty claims must:

• be made within 12 months (unless otherwise stated);
• allow inspection of Goods;
• comply with handling and installation requirements.

10.4 Warranty does not cover:

• wear and tear;
• misuse or incorrect installation;
• unauthorized modifications.

11. LIABILITY

11.1 To the maximum extent permitted by law:

• all implied warranties are excluded;
• the Supplier is not liable for indirect or consequential loss (including loss of profit, revenue, or business).

11.2 The Supplier’s total liability is limited to:

• replacement of Goods; or
• refund of the purchase price.

11.3 The Supplier is not responsible for reliance on advice or recommendations provided.

12. CONSUMER GUARANTEES ACT 1993

12.1 Where Goods are supplied for business purposes, the Consumer Guarantees Act 1993 does not apply.

13. CANCELLATION

13.1 The Supplier may cancel any order prior to delivery without liability.
13.2 The Customer may not cancel orders without written approval, particularly for Custom Orders.

14. FORCE MAJEURE

14.1 The Supplier is not liable for delays or failure to perform due to events beyond reasonable control.

15. ONLINE ORDERS

15.1 Orders placed via the Supplier’s website are subject to acceptance and availability.
15.2 The Supplier reserves the right to:

• refuse or cancel any order;
• correct pricing or product description errors;
• limit quantities purchased.

15.3 If an error is identified, the Supplier may cancel the order and refund any payment made.
15.4 The Customer is responsible for ensuring all order details are correct prior to checkout.

16. TRADE PRICING & CONFIDENTIALITY

16.1 All pricing, quotes, and commercial terms are confidential.
16.2 The Customer must not disclose this information to any third party.
16.3 The Supplier may withdraw supply or pricing if confidentiality is breached.

17. PRODUCT SPECIFICATIONS & TOLERANCES

17.1 Lighting products may have acceptable variations in:

• colour temperature (Kelvin);
• lumen output;
• beam angle and distribution;
• finish and appearance.

17.2 These variations are industry-standard and do not constitute defects.
17.3 Specifications may change without notice.

18. PROJECT & JOB SUPPLY

18.1 The Customer is responsible for confirming all project requirements before ordering.
18.2 The Supplier is not liable for:

• incorrect quantities;
• project delays;
• additional costs caused by planning errors.

18.3 Orders may be delivered in stages and may incur additional charges.
18.4 Product availability for future stages is not guaranteed unless agreed in writing.

19. GENERAL

19.1 If any clause is invalid, the remaining provisions remain enforceable.
19.2 These Terms are governed by the laws of New Zealand.
19.3 By placing an order or opening a trade account, the Customer agrees to these Terms.