Website Terms of Use

PIVOTAL BRACKETS (NZ) LIMITED T/A ATE (NZ) LTD

ATE NZ is a business located and trading in New Zealand. ATE NZ “business of operation” is Located in New Lynn, Auckland, New Zealand. ATE NZ acts as an importer, distributor and agent for overseas suppliers and ships these product from the New Lynn Warehouse, ATE NZ also acts as a sales agent for other New Zealand based companies and product may be dispatched from their warehouses directly to customers.

Website Terms of use

This website is operated by ATE NZ. In these Website Terms of Use and Security & Privacy Statement (“Terms”), the expressions “we”, “us” and “our” refer to the members of ATE NZ.

Acknowledgement & Acceptance

Your use of this website, and any services provided through it (“Services”), are subject to these Terms and all applicable New Zealand laws. By accessing and interacting with this website or using the Services, you accept these Terms. If you do not agree, you must refrain from accessing and browsing this website or using any of the Services. Without limiting our other rights and remedies we may refuse to supply any product or Service, and we may deny access to this website, to anyone who breaches these Terms.

All rights not expressly granted to you in these Terms are reserved.

We may amend these Terms at any time without notice to you, and it is your responsibility to monitor this website for changes. Amendments will come into effect from the date they are published on this website. The updated version of these Terms will supersede all prior versions. You can view the most current version of these Terms at any time by visiting this page.

Access and Use of Material on this Website

Your access to this website and the Services is on the following terms:

  • You may only access and use this website and the Services in accordance with these Terms;
  • You may only access parts of this website that are designated for unrestricted public access;
  • You may only access other parts of this website if we have expressly given you permission to do so, but then only for the purposes, and in the manner, permitted;
  • You must follow our instructions when using the Services, and comply with any specific terms that we publish on this website or that we give you regarding the Services from time to time;
  • You may not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this website for any commercial purpose;
  • You must not post or transmit to this website any illegal, threatening, abusive, defamatory, obscene or indecent information or material of any kind, or encourage any other person to do so;
  • You must not knowingly post or transmit or permit the posting or transmission of any material to this website which contains a virus;
  • You must not post or transmit any material to this website which breaches any laws relating to a person’s right to privacy or the export of personal information, or personal information about another person without their consent;
  • You must take your own precautions to ensure that whatever you select from this website is free of viruses or anything else that may interfere with your or any third party’s computer systems. We also reserve the right to refuse access or edit or delete material posted by you in contravention of these Terms.

Shopping Terms & Conditions

ATE NZ’s Online Services provides customers a convenient and secure online shopping experience.

Products displayed on the site shopping areas can be purchased using the secure online MasterCard, Visa, via eWay secure credit card transaction facility. We do not keep your credit card details on the website.

Pricing

All prices in the shopping areas are in New Zealand dollars (NZD$).

Prices quoted are excluding GST unless otherwise stated. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of order. We may change our prices from time to time without notice.  Prices do not include any delivery fees.  We are entitled to charge a delivery fee, which will be calculated by reference to the goods purchased and the post code of the address stated in the Order.

ATE NZ shall be entitled to adjust any price quoted from time to time and the Customer agrees to pay any such adjusted price to take account of variations in the cost to ATE NZ of carrying out the whole or any part of the contract arising from any of the following:

(a) delays in delivery or installation of the goods or any of them as a result of instructions or lack of instructions from the Customer, the Customer's failure or inability to fulfil the obligations under the contract or any action or inaction by the Customer or other circumstances beyond ATE NZ’s control;

(b) variation in the cost of ATE NZ acquiring the goods directly or indirectly, on account of changes in rates of freight and transport costs, insurance, customs duties, taxes, existing tariff classifications or any variation in currency exchange rates;

(c) variations in the cost of rates of all statutory, government or local government or governmental authority charges and obligations; or

(d) any correction of errors or omissions on the part of ATE NZ or any of its representatives.

Delivery

Confirmation of lead time is subject to final order quantity and product availability, ATE NZ will not be liable for any claims resulting from a delay in delivery.

ATE NZ will deliver the goods to the address stated on the order or as agreed in writing with ATE NZ

ATE NZ shall deliver the goods by such carrier and such transport that ATE NZ considers to be The Customer agrees to inform ATE NZ within 14 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with OfficeMax for proof of delivery.

 ATE NZ will not be responsible for any part delivery or delay in delivery of the goods as a result of events occurring beyond ATE NZ's control. ATE NZ shall not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.

Payment processing

When an order is submitted your card will be debited. All items on your order will prepared for despatch to your nominated shipping address. If ATE NZ cannot supply the items requested we will then process a refund to the value of the non-supplied items. An email confirmation of the refund will be sent to your email address supplied on the initiating order.

The card issuer controls the timing of returned funds. Please contact your card issuer for details.

Website and Credit Card Security

We use eWay to process online orders. Customers can see their cards being debited in real time, all in an SSL secure environment.

We take website and credit card security extremely seriously, and always endeavor to provide a secure safe platform on which to conduct online transactions.

To make sure you are accessing a secure server, check for the unbroken key or closed lock symbol located generally either at the bottom left or top right of your browser window. If it appears, then SSL is active. You can double-check this by looking at the URL as well. If SSL is active, then the first characters of that line will read ‘https’ rather than just ‘http’. It is important for you to protect against unauthorized access to your password and to your computer.

Cancellation and Returns

We will follow all guarantee terms as specified by the manufacturers of our products. Full documentation to show proof of purchase must be supplied. We will exchange/refund the damaged or faulty product to the same value/model purchased. Simply contact us by telephone or through our website.

If during the process of purchasing your product you cancel the payment from your credit card, you will not be charged and will not receive any products ordered from this website. If you complete the transaction it is considered bought.

Disclaimers

We will endeavor to ensure that information provided through this website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this website or that it is up to date. For example (but without limitation):

  • Prices and colours of products may change, and all products are subject to availability;
  • Variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);
  • Despite every effort to accurately duplicate each product’s colours on our website, they are intended as a guide only and actual colours may vary.  The colours you see online will also depend on your screen display and settings, therefore, we cannot guarantee that your monitor’s display of any image will accurately reflect the colour of the product on delivery;
  • Description of products are summaries only (with further information available on request to us);
  • and due to technical or human error, information may be recorded incorrectly or omitted. We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this website.
  • We do not warrant that access to this website will be uninterrupted or error-free, that defects will be corrected or that the site or the server that makes it available are free of viruses, bugs or anything similar that may impact the functionality, accuracy and/or reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
  • You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

Liability

ATE NZ is also committed to honouring statutory conditions and warranties to the extent they are implied under the Consumer Guarantees Act 1993. This means we will assist you if goods:

  • are or become faulty through no fault of your own;
  • are not fit for a stated purpose or a purpose you made known to our sales staff;
  • don’t match our description or sample;
  • or have defects that were not obvious or we did not bring to your attention.

If the fault is minor or can be repaired then we may choose to repair the goods or give you a replacement. If the fault is serious or cannot be repaired then you can choose to have a refund, get a replacement or similar item or keep the goods but get some money back in compensation.

However, the goods must be returned within a reasonable period and you may be asked for proof of purchase. Keep your receipt as proof of purchase. You may also be asked to demonstrate that the problem with the goods was not your fault. If you prefer an alternative to a refund, we can arrange for goods to be exchanged or repaired. A store credit may be offered at our discretion.

Intellectual Property Rights

We and our licensors, as applicable, own all intellectual property rights in and to this website and the products and information displayed in it (including text, images, graphics, logos, layout, look-and-feel, animations, software, trademarks, trade names and other material underlying and forming part of this website and/or the Services.

Except where otherwise specified, any word or logo to which the “™” symbol is attached is a trademark, and any to which the “®” mark is attached is a registered trademark. If you use our trademarks, you must include a statement attributing ownership of that trademark to us. Any other trademarks we use are used with the permission of their respective owners.

Termination or Suspension

We may at any time and without notice:

  • Change the format and content of this website and/or any Services;
  • Stop providing, suspend or restrict your access to this website or any Service if you do not comply with any obligation you have to us (whether under these Terms or otherwise);
  • or Stop providing or suspend the operation of this website and/or the Services (in whole or in part).

No such action will affect any of our rights or your responsibilities under these Terms or otherwise, including any disclaimer.