Terms of Trade

These terms and conditions apply solely to MasterTrade’s e-commerce retail website online purchases.

1. GENERAL

1.1 Definitions

1. "Customer" means you and all other persons who purchase the Goods from this website as the context requires, includes any person browsing MasterTrade who is not registered to use the MasterTrade website.

2. "Delivery" shall occur when your item is:

Delivered to the relevant delivery address with a collection of a signature unless MasterTrade’s delivery agent has been given authority by a person at the relevant delivery address to leave signature required items at the relevant delivery address without collection of a signature.

3. "Delivery Fee" means the fee you as the Customer must pay to have your order picked, packed and delivered.

4. "GST" means goods and services tax chargeable in accordance with the Goods and Services Tax Act 1985.

5. "Intellectual Property" means all intellectual property rights of whatsoever nature, including (without limitation) patents, designs, present and future trademark or copyright, and whether or not registered or registrable by any means, and the right to file an application for registration thereof.

6. "Sign In" means a Customer's personal email address and password used to access the MasterTrade website under that Customer's registration

7. "Address" means the premises at the address specified by the Customer on their registration application, as amended from time to time.

8. "Goods" means the Goods for sale on the MasterTrade website.

9. “Related Company” has the meaning given to it in the Companies Act 1993 and includes a holding company and a subsidiary of any Body Corporate as defined in the Companies Act 1993 and, when used in the Terms and Conditions will mean each Related Company of Fletcher Building Ltd from time to time (including but not limited to Fletcher Distribution Ltd and Mico NZ Ltd).

10. “MasterTrade” means this e-commerce retail website and brand owned by Mico, being the medium by which Goods are offered for sale online by Mico trading as MasterTrade to the Customer.

1.2 Use of MasterTrade Website subject to these Terms of Trade

Your access to, and use of the MasterTrade website is subject to the following Terms ofTrade. By using the MasterTrade website you represent that you have read, understood and accepted these terms and conditions, and agree to be bound by them. Orders placed through the MasterTrade website constitute legal offers to purchase from Mico trading as MasterTrade, and are capable of being accepted by Mico without any further reference to the Customer.

1.3 Terms of Trade to prevail

Where these terms are inconsistent with any other documents purporting to have contractual effect these Terms of Trade will prevail unless otherwise determined by MasterTrade.

1.4 MasterTrade discretion to accept registration

MasterTrade has the absolute discretion to refuse the registration application of a potential Customer for any reason whatsoever.

1.5 MasterTrade discretion to accept orders

MasterTrade has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. MasterTrade may cancel an order for any reason whatsoever.

1.6 Registration and access costs

No costs are payable to register to use the MasterTrade website, but Customers are responsible for any costs incurred in using the MasterTrade website including any charges imposed by their internet service provider.

1.7 Suspension or termination

MasterTrade may, at its absolute discretion, suspend or terminate the ability of any Customer to purchase Goods through the MasterTrade website for any reason whatsoever.

1.8 Customer liable for every order

The Customer is liable under These Terms of Trade for every order made on the MasterTrade website.

1.9 Online support hours

The MasterTrade team operate Monday to Friday 0830 to 1700. General queries will be responded to within 24 hours during our hours of operation.

2.0 Security of information

MasterTrade will use its reasonable endeavours to prevent any unauthorised entry into the MasterTrade website. However, neither Mico nor any Related Company will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access.

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. We use Datacom Payment Manager as a payment gateway on our site. Our payment gateway is PCI DSS-compliant and customer’s payment details are tokenised and not stored on MasterTrade or Mico’s systems. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

MasterTrade will never send an email to you asking for credit card and login details. Please do not reply to these.

2. PRICE

2.1 Pricing

The Customer will pay Mico for the Goods ordered on the MasterTrade website at the price displayed at the time the order is submitted. No adjustments are made if the price of any Goods ordered increases or decreases between the time the order is submitted and the time when the Goods are delivered.

2.2 Currency

The prices of Goods are displayed in New Zealand currency.

2.3 Prices inclusive of GST

The prices of the Goods are inclusive of GST and any other sales tax.

3. GOODS AVAILABILITY

3.1 Goods availability

Every effort will be made to fulfil orders placed with MasterTrade, but neither Mico nor any Related Company will be liable to any person if MasterTrade is unable to or otherwise declines to supply Goods for any reason whatsoever. MasterTrade reserves the right to limit quantities able to be ordered by, or delivered to, Customers. If a Customer's order is reduced in accordance with this clause, the price payable by the Customer for that order will be adjusted accordingly.

3.2 Goods range

MasterTrade reserves the right to limit the range of Goods available to certain areas.

3.3 Deals

Deals are subject to availability while stocks last. MasterTrade does not allow back orders for deals that are out of stock.

4. PAYMENT

4.1 Method of Payment

Customers must pay Mico for the Goods purchased by debit card and credit card and Mico does not accept EFTPOS, cash, cheque, voucher, direct debit or any other form of payment.

4.2 Payment by credit or debit card

Mico trading as MasterTrade reserves the right to refuse to accept payment from any particular Customer by credit or debit card for any reason whatsoever.

4.3 ADJUSTMENTS

If a Customer is invoiced an incorrect amount for any Goods ordered, Mico will refund, to the Customer the necessary adjustment amount to reflect the correct amount which should have been invoiced. This will be credited back to the Customer’s Credit card or Debit card. Refunds may take up to 5 working days.

5. DELIVERY

5.1 Delivery times

Our delivery options are automatically customised depending on what we have in stock and the nature of Goods ordered and your location. Upon check out you’ll be presented with these options:

STANDARD DELIVERY:

Occasionally, the item you want may not be in stock with us and will take a bit longer to ship because we need to order it from our supplier first. We generally aim to get it to you within 5 to 10 days. If for whatever reason it takes longer than that our MasterTrade team will be in touch with you within 1 working day of the order being placed to let you know. Oversize items may be subject to additional delays in delivery times and other delivery requirements.

HOLIDAY PERIOD DELIVERY:

During the holiday period –deliveries may take longer than usual. Your MasterTrade team member will be in contact to update you on delivery times over this period.

5.2 Delivery areas

MasterTrade does not deliver to PO Box addresses and only delivers within New Zealand mainland including Waiheke Island.

5.3 Delivery and liability

Deliveries will be made to the Delivery Point in accordance with MasterTrade’s nominated delivery agents’ terms and conditions. Delivery will be deemed to have taken place at the time of delivery to the Delivery Point.

MasterTrade and its delivery agents are entitled to assume that any person accepting delivery of the Goods is authorised to do so on behalf of the Customer.

5.4 Accessibility and safety

The Customer will ensure that their Delivery Point is easily accessible, and that it is safe for MasterTrade’s delivery agents to enter the Customer's premises in order to complete the delivery. If in the courier's opinion the Delivery Point is not easily accessible, or it is unsafe to deliver the Goods, the delivery will not be made, and the Customer will be contacted to make alternative arrangements. Mico trading as MasterTrade reserves the right to charge the Customer an additional Delivery Fee in respect of any deliveries repeated in accordance with this clause.

5.5 Change of address

If the Customer wishes to change the delivery address once an order has been made they must immediately contact a member of the MasterTrade Team to try to change the Delivery Point. Mico excludes liability for any order despatched prior to notification of a change in the Delivery Point.

5.6 Delays to delivery

Notwithstanding any other term, Mico and any Related Company will not be liable for failure to deliver on a timely basis, whether the delay has been due to causes beyond the control of MasterTrade or otherwise.

If MasterTrade considers that the delivery of a Customer's order is likely to be substantially delayed, MasterTrade will notify the Customer to arrange an alternative delivery timeframe. If that timeframe is not acceptable to the Customer, the Customer may cancel the order, without incurring any fee for doing so.

If the Customer’s delivery date has passed the Customer should contact MasterTrade customer service at info@mico.co.nz

5.7 Incorrect, missing, damaged or faulty Goods

If any Goods delivered do not correspond with the Goods ordered, the Customer may:

(a) in the case of defective or damaged Goods, immediately contact MasterTrade customer service at info@mico.co.nz quoting:

• The order number

• The faulty item's name and item code

• A description of the fault

If the Customer’s Goods are defective or damaged on delivery, Mico will refund the original delivery fee and the cost of returning the Goods provided such Goods can be removed easily without damage to themselves or any other fixture or fitting.

(b) in the case of missing Goods, the Customer should immediately Mico at contact your local branch quoting:

• The order number

• The missing item's name and number

6. VARIATION/CANCELLATION OF ORDER

6.1 Variation/cancellation of order

A Delivery Fee will apply for each order individually placed unless otherwise expressly stated on the MasterTrade website under product category.

MasterTrade may cancel any part of an order (including any orders that have initially been accepted) without any liability to the Customer for that cancellation at any time if:

(a) the Goods in that order are not available; or

(b) there is an error in the price or the Goods description posted on the site for the Goods in that order; or

In the event of a cancellation by MasterTrade, MasterTrade will endeavour to provide the Customer with reasonable notice of that cancellation and will not charge the Customer for the cancelled order.

7. PROPERTY/RISK

7.1 Goods

Risk in the Goods will pass to the Customer on delivery to the Delivery Point.

Ownership of the Goods will not pass to the Customer until all amounts owing by the Customer to Mico or any Related Company have been paid for in full.

7.2 LOGIN

The Customer will keep their registration details safe and confidential at all times.

8. RETURNS AND EXCHANGES

Only limited Goods may be returned to receive a full refund and will be subject to the following:

• All Goods being returned must be unused, in perfect condition, in their original packaging (including protective packaging) and must be returned to MasterTrade’s nominated address by prior arrangement within 30 days of purchase at the Customers expense.

• Such Goods may be subject to freight cost and restocking fees of up to 15% which will be deducted from the refund to the Customer at Mico’s discretion.

• If you would like to return an item please get in touch with our MasterTrade team through the contact us page

Subject to Goods being damaged pre or on delivery or a claim lodged for defective Goods within 30 days any Goods out of their original packaging, used or installed Goods cannot be returned for refund or exchange.

Custom and/or bespoke ordered Goods are not returnable or refundable.

The Customer expressly acknowledges and agrees that MasterTrade and Mico do not assume any obligation or liability for any advice given, and that all such Goods are accepted by the Customer entirely at the Customer's risk.

9. LIABILITY AND INDEMNITY

9.1. MasterTrade and Mico’s Liability

9.1.1 Subject to clause 9.1.8 below to the fullest extent permitted by law Mico trading as MasterTrade will not be liable for:

(a) loss caused by any factor beyond Mico’s control; including but not limited to a force majeure event;

(b) failure to deliver to the Customer by any specified dates unless expressly agreed otherwise in writing;

(d) the loss of or damage to Goods while in transit (whether such loss or damage results from Mico’s negligence or default or otherwise howsoever) unless expressly agreed otherwise;

(e) deterioration of the Goods as a result of exposure to the elements, after delivery;

(f) Goods that have been tampered with or modified by the Customer;

(g) Goods that have been stored in an improper manner by the Customer; and

(h) Goods that have not been maintained in accordance with the manufacturer/ supplier’s instructions and or industry best practice

9.1.2. Mico has no liability to any subsequent purchaser of the Goods from the Customer in that the Customer’s rights under these Terms of Trade are not assignable without the prior written consent of Mico which consent can be withheld at Mico’s sole discretion.

9.1.3. Subject to clause 9.1.8 below and to the fullest extent permitted by law, Mico has no liability (whether statutory, in contract or tort (including negligence), (or howsoever) to the Customer or any of the Customer’s agents or employees for any physical, or special damage, , indirect loss, loss of profits (whether direct or indirect), economic loss of any kind (including expectation loss) or any other indirect loss or costs (including legal costs on a solicitor client basis) arising out of or in connection with any Goods supplied.

9.1.4. To the fullest extent permitted by law Mico excludes liability for Business to Business transactions under the Consumer Guarantees Act 1993 (CGA) and Fair Trading Act 1986 (FTA); and in particular sections 9,12A,13 and 14 of the FTA and any other applicable consumer law.

9.1.5. Subject to clause 9.1.8 and to the fullest extent permitted by law and subject to any express warranties given by Mico or any other manufacturer of the Goods in writing, all conditions, warranties, descriptions, representations and statements as to fitness or suitability for purpose, workmanship, tolerance to any conditions, merchantability or otherwise, advice recommendation or information express or implied are expressly excluded.

9.1.6. Subject to clause 9.1.8 below and to the fullest extent permitted by law, and subject to any limitation on Mico’s liability which may be expressed within these Terms ofTrade, Mico’s liability whether in tort (including negligence), contract or otherwise for any loss or damage or injury arising directly or indirectly from any defect in or non-compliance of any Goods or any other breach of Mico’s obligations is, limited to, at Mico’s option:

(a) replacing the relevant Goods; or

(b) refunding the sale price of the relevant Goods; or

9.1.7. No claim based on defective Goods will be allowed unless:

(a) The claim is notified to MasterTrade within 30 days of delivery to the Customer; and

(b) MasterTrade is given a reasonable opportunity to investigate the claim.

9.1.8. Notwithstanding anything to the contrary in these Terms of Trade where the Customer is a Consumer as defined by the CGA then the terms of the CGA including all guarantees and remedies pursuant to that Act will apply for the benefit of the Customer.

9.2. COMPLIANCE

The Customer will 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 use of the Goods.

9.3. INDEMNITY FROM THE CUSTOMER

The Customer indemnifies and undertakes to keep Mico, its Related Companies and their officers, employees and agents (the “Indemnified Party”) at all times fully and effectively indemnified against all losses (including but not limited to direct loss, indirect loss, loss of profits (whether direct or indirect), consequential loss), liabilities, penalties, damages, claims, demands, actions, costs (including legal costs on a solicitor client basis), charges and expenses which the Indemnified Party (or any of them), may incur, or which may be made against the Indemnified Party (or any one of them) as a result of or in relation to:

(a) any act, omission, neglect or default by the Customer or any subsequent purchasers of Goods supplied by MasterTrade; or

(b) any breach by the Customer of any of the Customer’s obligations under these Terms of Sale or any warranty given by the Customer; or

(c) anything done or omitted to be done by Mico in the exercise of or purported exercise of rights under these Terms of Sale or conferred on Mico by law.

10. INTELLECTUAL PROPERTY

All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to MasterTrade and Mico and its contents is owned by, and will at all times remain the exclusive property of, Mico its licensors and the providers of any other Goods accessible through Mico and the MasterTrade website, and is protected by New Zealand and international law. Nothing in these terms and conditions will constitute any licence of intellectual property rights to the Customer.

11. FORCE MAJEURE

If the performance by MasterTrade or Mico of its obligations under these terms and conditions is prevented by reason of "force majeure" (which will include prevention occasioned by fire, casualty, accident, act of God, epidemic, natural disaster, any law, order, proclamation, regulation, demand act or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Goods or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond the reasonable control of Mico) Mico will be excused from such performance to the extent of such prevention.

12. ONLINE COMPETITIONS/PROMOTIONS

Any competition and promotional terms and conditions can be found associated with each promotion on the MasterTrade website promotions page.

13. VARIATION OF TERMS AND CONDITIONS

From time to time MasterTrade may vary these Terms of Trade without notice. Please check the MasterTrade website periodically for changes. The Customer’s continued use of the MasterTrade website after the terms have been changed indicates acceptance of those changes.

14. GOVERNING LAW

New Zealand law governs the use of the MasterTrade website and these Terms of Trade and the parties submit to the exclusive jurisdiction of the New Zealand courts.