Terms of Use

Bainbridge Vet NZ – Warranty & Returns Policy

RETURNS

Returns of non-faulty items require proof of purchase and goods must come back to us in unopened, unused, resaleable condition in original packaging with all manuals and accessories, within 30 days. Shipping costs are non-refundable. If your return qualifies, we’ll happily provide you with an exchange or store credit.

If your item is faulty this policy does not apply, instead you will be eligible for remedy under the warranty policy as detailed below.

WARRANTY

1. Everything we sell comes with a minimum 12 month warranty for home and personal use.
   • Excluded from this warranty – Products used in a business or commercial environment are excluded from this warranty. In this case any faulty product purchased for business use must be notified to Bainbridge Vet NZ within 30 days of purchasing. After this period no warranty applies.

Our standard warranty process is as follows. However all warranty claims are treated on a case by case basis and we do our best to resolve issues in an efficient manner.

1. Contact us for warranty authorisation and provide all relevant information. We will either need photos or verification of the issue from one of our sales agents.
2. For minor defects (repairable) we will either send replacement parts or refer you to one of our local service agents.
3. For major defects (not repairable) we will either replace the item or offer store credit/refund.

We will always endeavour to repair or replace faulty goods within their warranty period. If we cannot do this within a reasonable period of time we will offer store credit or a refund. Exception may be made in the case of damage to or misuse of the item. This includes negligent operation, improper assembly, inadequate maintenance, unauthorised repairs, storm damage and modifications. Limits in cover will apply for businesses. Limitations apply to warranties around rust for sea spray zones, coastal environments as well as areas affected by industrial contamination or geothermal sulphur. Proof of purchase is required and warranties are not transferable. Freight damage or missing parts must be reported to us within 24 hours of delivery.

In the case of repair of motorised products, you will be required to take the unit to one of our service agents. We will then do our best to repair or replace the item, and get it back to you within a reasonable timeframe. If on examination the goods are found to not be in breach of any warranty or applicable consumer guarantee, Bainbridge Vet NZ or the service agent may charge you a fee for examining the goods, and any cost to return the goods to you.

All warranty claims must first be approved by a Bainbridge Vet NZ representative.

CONSUMERS

Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods [and services] you buy. These are called ‘consumer guarantees’, and include the following:

1. A guarantee that the goods are of acceptable quality, such that the goods are:
   • fit for all the purposes for which goods of that type are commonly supplied;
   • free from minor defects;
   • safe;
   • durable; and
   • acceptable in appearance and finish
2. A guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit;
3. A guarantee that the goods correspond with any description with which the goods are supplied; and
4. A guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model.

If the goods we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy.

These guarantees are in addition to any warranty offered by a manufacturer, and you may have rights against the manufacturer directly.

The CGA does not apply where the goods have been used in a manner, or to an extent which is inconsistent with the manner or extent of use that a reasonable consumer would expect to obtain from the goods; and the goods would have complied with the guarantee of acceptable quality if they had not been used in the manner or to that extent.

BUSINESSES

If you are acquiring goods (or services) from Bainbridge Vet NZ for business purposes as defined in sections 2 and 43 of the CGA, you agree that the consumer guarantees provided for in the CGA will not apply to the supply of those goods (or services).

MORE INFORMATION

If you have an issue relating to your order please contact us, providing all relevant details and your order number.

SHIPPING COSTS

Any shipping costs to return the original goods will be at the cost of Bainbridge Vet NZ, where Bainbridge Vet NZ considers the goods to have breached a consumer guarantee. If on examination of goods returned to Bainbridge Vet NZ, the goods are found to not be in breach of any consumer guarantee, Bainbridge Vet NZ may charge you a fee for examining the goods, and any cost to return the goods to you.

REFUNDS

Refunds will normally be processed within seven (7) days. Refunds will only be processed to the original payment method used or bank deposit.

Bainbridge Vet NZ – Terms & Conditions

Your Use of This Website is governed by These Terms and Conditions

Please take a few minutes to review these Terms and Conditions. Throughout the entirety of the Terms of Use Statement, the term Bainbridge Vet NZ website refers to www.ruralbutcher.com inclusively. Your use of Bainbridge Vet NZ website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use Bainbridge Vet NZ website. By accessing and using Bainbridge Vet NZ website, you agree that your access to and use of Bainbridge Vet NZ website is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of New Zealand and Australia.

Correction of Errors and Inaccuracies

The information on Bainbridge Vet NZ website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions do no constitute legally binding statements on The Rural Butchers part.

Your Password Management Responsibilities

Use of your User Id and Password is the agreed security procedure to access the secure area of Bainbridge Vet NZ website. In order to prevent unauthorised access to your accounts and to prevent unauthorised use of Bainbridge Vet NZ website, you agree, by using Bainbridge Vet NZ website, to keep confidential, and to not give or make available your User Id and Password or other means to access your accounts to any Bainbridge Vet NZ person not authorized to access your accounts. The loss, theft or unauthorised use of your User Id and Password could cause you to lose some or all of the money and/or service credit, in your accounts. If you disclose your User Id and Password to any Bainbridge Vet NZ person(s) or entity, you assume all risks and losses associated with such disclosure. If you permit any other Bainbridge Vet NZ person(s) or entity to use your User Id and Password, or other means to access your accounts through Bainbridge Vet NZ website, you are responsible for any transactions and activities they authorise from your accounts. You agree to immediately notify during normal customer service hours of any unauthorised use of your User Id and Password or of any other breach of security, or if you believe someone may attempt to access Bainbridge Vet NZ website without your consent or has transferred money without your permission.

Limitation of Liability

Under no circumstances, shall Bainbridge Vet NZ or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use Bainbridge Vet NZ website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortuous action, even if an authorised representative of Bainbridge Vet NZ has been advised of or should have known of the possibility of such damages. If you are dissatisfied with Bainbridge Vet NZ website or any content on the site, or with Bainbridge Vet NZ terms and conditions, your sole and exclusive remedy is to discontinue using Bainbridge Vet NZ website. You acknowledge, by your use of Bainbridge Vet NZ website, that your use of the site is at your sole risk.

Disclaimers

Bainbridge Vet NZ website is operated by Bainbridge Vet NZ, on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law, Bainbridge Vet NZ and their affiliates disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use. Bainbridge Vet NZ does not endorse nor make any warranties or representations about the options or other service or data you may access, download or use as a result of the use of the information contained on this website, or about any website you may access through Bainbridge Vet NZ website. Links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website. Bainbridge Vet NZ makes no representation that content provided on Bainbridge Vet NZ website is applicable or appropriate for use in locations outside of the United States. Bainbridge Vet NZ assumes no risk or responsibility for your use of any of the content provided on Bainbridge Vet NZ website.

Copyright Notice

All of the Content you see and hear on Bainbridge Vet NZ website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Bainbridge Vet NZ, one of its affiliates or by third parties who have licensed their materials to Bainbridge Vet NZ. The entire Content of Bainbridge Vet NZ website is copyrighted as a collective work under NZ copyright laws, and Bainbridge Vet NZ owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of Bainbridge Vet NZ website, and the site as a whole, are intended solely for Bainbridge Vet NZ on a, non commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own Bainbridge Vet NZ on a non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Bainbridge Vet NZ reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Bainbridge Vet NZ.

Mailing list

By purchasing from Bainbridge Vet NZ you agree to subscribe to our email newsletter. You are free to unsubscribe at any time via the one click link on each newsletter.

Submissions

We welcome your comments regarding Bainbridge Vet NZ website. However, any comments, feedback, reviews, photos, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Bainbridge Vet NZ shall be and remain the exclusive property of Bainbridge Vet NZ. Your submission of any such Comments shall constitute an assignment to Bainbridge Vet NZ of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Bainbridge Vet NZ will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Facebook & Instagram Competition Terms and Conditions:

1. Entries must be received by the stated competition closing date.
2. By participating in this contest, you acknowledge full acceptance of the terms and conditions and warrant that your entry/comment does not contain any material that is libelous, defamatory or obscene.
3. The winners will be notified via Facebook or Instagram. Bainbridge Vet NZ will make reasonable attempts to contact the winners but if they are unable to be contacted within 7 days of the closing date, then we may determine another winner.
4. The prize cannot be exchanged for cash, vouchers or alternative prizes/products.
5. The Judge’s Decision is final and no correspondence will be entered into.
6. Bainbridge Vet NZ reserves the right to delete any entries it deems as inappropriate, offensive or negative.
7. The prize winner’s first name and nonspecific details may be used for promotional purposes in newsletters/website material and will be posted on Bainbridge Vet NZ Facebook or Instagram page.
8. Bainbridge Vet NZ employees are not eligible to win the promotion.
9. The prize will be dispatched to any New Zealand address of the winner’s choice.
10. This competition is in no way sponsored, endorsed, administered by, or associated with Facebook or Instagram.

Additional Terms & Conditions

“Farmquip Ltd – Trading as The Rural Butcher”

Terms Used

‘The seller’ refers to Bainbridge Vet NZ Range (Farmquip Ltd). ‘The buyer’ refers to any legal entity purchasing from the seller.

1. General
   1. Where the seller accepts the buyer’s order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
      1. Any condition contained in the buyer’s order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
      2. Any variation, waiver or cancellation of the buyer’s order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation, the seller may levy a handling charge of up to 15% of the price.
      3. Where the buyer and the seller agree to a variation in the quantity of the goods, the goods shall be priced either at the rate applicable to the original quantity or the revised quantity at the absolute discretion of the seller.
2. Formation of Contract
   1. The seller’s website and advertising only constitute an invitation to treat.
   2. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions.
   3. The seller may or may not accept any buyers order for goods which are not held in stock by the seller at time the order is placed by the buyer.
   4. The seller’s acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.
3. Prices and Terms of Payment
   1. Unless otherwise agreed in writing payment must be made by the buyer before delivery of the goods.
   2. If credit is granted by the seller to the buyer, the buyer shall pay all amounts due to the seller by the 20th of the month following month of invoice.
   3. All payments by the buyer to the seller shall be made in full, free of any deduction, setoff, counterclaim or legal or equitable claim howsoever arising.
   4. If the seller fails to make any payment due under this agreement by the due date for payment, then the seller may, without limiting its other rights in respect of such default:
      1. Stop delivery of the goods;
      2. Charge interest on the amount unpaid at the rate of 15% per annum calculated on a daily basis from the due date for payment until payment in full is received by the seller, such interest being payable by way of liquidated damages and not as a penalty;
      3. Sell the goods at such price and on such terms as the seller shall determine in which case the buyer will be liable to pay to the seller any difference between the amount received from such sale and the amount payable under this contract.
      4. Charge against the buyer’s credit card, the amount of the payment due.
   5. The seller’s prices are subject to alteration without notice and the price payable by the buyer for the goods ordered shall be the price ruling at the date the goods are dispatched for delivery to the buyer as stated on the invoice.
   6. The seller’s prices are inclusive of GST. Any other taxes, if chargeable, are payable by the buyer whether they are imposed or brought into force before or after acceptance of the buyer’s order.
   7. All prices exclude freight and packaging. Standard courier and freight charges apply and will vary depending on product and destination of deliver.
4. Delivery
   1. The seller reserves the right to dispatch the buyer’s order in one delivery or by instalments. Failure to deliver any instalment shall not entitle the buyer to repudiate the contact as to any instalments already delivered.
   2. Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
   3. The buyer shall pay the cost of delivery from the point of dispatch of the goods by the seller.
   4. Depending on the size of the parcel some goods cannot be delivered by courier direct to home addresses. In these instances, shipping will be arranged to a nearest main city trucking depot for customer to collect. Some travel may be required by customer to collect goods from the main city trucking depot of choice. Cost of travel is at the buyers’ expense.
5. Shortages, Damages or Loss in Transit
   1. Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage within 24 hours of the delivery and provides a reasonable opportunity for the seller to investigate the claim. Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:
      1. Prior to acknowledging delivery to the carrier, the buyer must ensure that the complete consignment as per the carrier’s note has been received.
      2. Should there be a shortage or visible damage to outer packaging the carrier’s note must be endorsed accordingly.
      3. Within 24 hours of the receipt of consignment the buyer must ensure that all goods received are in good order and condition.
   2. No claims will be considered after 24 hours of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller details of any claim should be advised to the seller.
6. Returns of Goods (unused product)
   1. Goods supplied by the seller may be accepted for return within 30 days of the date of supply subject to the following:
      1. Goods must be returned, at the buyer’s expense, unused, in their original packaging, into the seller’s store.
      2. The buyer must provide proof of purchase.
      3. Acceptance of the goods is conditional on an assessment to determine they are undamaged, and in good working order.
      4. Upon acceptance of the return, the buyer will be issued a store credit for the full amount of the purchase price paid, excluding freight. The resulting credit may be used to offset the cost of any future purchase.
      5. NO CASH REFUND WILL BE GIVEN.
   2. Goods sold at ‘disposal’, ‘clearance’ or heavily discounted prices (eg. 40% + discount) will not be accepted for return.
   3. All sales of goods by The  Butcher Range, except those used for business purposes, are governed by the provisions of the Consumer Guarantees Act.
7. Seller’s Liability and Maintenance Guarantee
   1. The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which there are required and the seller is under no liability if they are not.
   2. Subject to clause 7.3 the seller’s liability in respect of any defect or failure of the goods or for any loss, injury or damaged attributable thereto is limited to the extent of clause 7.4. The seller shall not be liable to the buyer or any third party whether in tort or contact or in negligence or otherwise for any direct or consequential loss or damage attributed to defects in the goods nor in respect of conditions or warranties whether expressed or implied by statute or at common law or otherwise.
   3. Where the buyer does not acquire the goods or hold itself out as acquiring the goods, for the purposes of a business then these conditions must be read subject to the provisions of the Consumer Guarantees Act 1993 which shall have full force and effect notwithstanding any contrary or inconsistent provision in these conditions. The Consumer Guarantees Act 1993 will NOT apply if the buyer acquired, or held itself out as acquiring the goods for the purposes of a business.
   4. The goods are warranted against faulty workmanship or materials for 12 months from the date of purchase. Within the specified period the seller or its agents will repair or replace (at their discretion) any defect due to faulty workmanship or materials. This warranty shall not be valid if, having detected a fault, the user continues to operate the equipment. This warranty does not apply to any part of the goods which have been subject to misuse, neglect, alteration, incorrect installation, accident and to damage caused by transportation, flood, fire or acts of God. The seller’s liability under this warranty is limited to repairing or replacing a part(s) without charge. The warranty is dependent upon the seller’s inspection (or in the case of an electric motor the inspection by an electrical appliance serviceman nominated by the seller) to determine the defect in workmanship or materials. Goods returned to the seller for inspection, credit, refund, warranty or repair shall be delivered at the buyer’s expense. The buyer must ensure that appropriate overload protection is installed when using electrical equipment supplied by the seller.
   5. The seller’s liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer’s rights under the contract are not assignable without the prior written consent of the seller.
8. Property and Risk
   1. Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
   2. Ownership of all goods sold by the seller (‘the goods’) is retained by the seller until full payment is received for amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
   3. Until full payment is made the buyer agrees to:
      1. Enable the goods to be readily identifiable as the property of the seller.
      2. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
      3. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.
   4. Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:
      1. The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
      2. The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of the cost (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller’s remedies and,
      3. The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and,
      4. All monies owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and,
      5. The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any excess after satisfying all of the buyer’s payment obligations (including under the indemnity) will be paid to the buyer.
9. Errors or Omissions
   1. The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in advertising, quotation, invoice or acknowledgement. Due to the seller’s administrative processes, errors (if any) maybe discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission, discovered by the seller, and give the buyer the option of returning the goods for a full refund.
10. Description of Product
    1. Modifications and improvements to the seller’s products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Description, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller’s website, the buyer should inform the seller immediately so that the seller may take appropriate action.
11. Force Majeure
    1. The seller shall not be liable to the buyer for any loss or damage or indirectly arising out of or in connection to any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller’s control.
12. Compliance
    1. The buyer shall 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 installation and operation of the goods.
13. Personal Property Securities Act 1999
    1. Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
       1. These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
       2. A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the party’s relationship.
    2. The buyer undertakes to:
       1. Sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or
       2. Indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing change statement on the PPSR or releasing any goods charged thereby;
       3. Not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
       4. Give the seller not less than 14 days prior written notice of any proposed change in the buyer’s name and any other change in the buyer’s details (including but not limited to, changes in the buyer’s address, facsimile number, email address, or business practice); and
       5. Immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.
       6. In the event that the buyer is in default of its obligations pursuant to this agreement the seller shall notwithstanding section 109 of the PPSA and in addition to the rights thereunder be entitled to remove and take possession of and sell (by auction, public tender, private sale or any other method which the seller might reasonably consider to be appropriate in the circumstances) the Collateral and for such purpose the buyer hereby gives the seller licence by its agents to enter into, and if necessary, to break into any building occupied by the buyer and as the agent of the buyer to enter upon any premise where the buyer might enter upon search for, remove and take possession of the Collateral without being liable in any way to the buyer or any person claiming under the buyer for so doing.
       7. The buyer agrees that nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to this Agreement or the security created hereunder; and
       8. Waives the debtor’s rights pursuant to sections 120(2), 121, 125, 129, 131 and 132 of the PPSA and waives the debtor’s rights to receive a copy of the verification statement confirming registration of a financing statement or a financing change statement relating to the Security Interest as created by this Agreement.
       9. For the purpose of this agreement, Security Interest, Collateral and Perfected Security Interest have the meanings set out in s16 of the Personal Property Securities Act 1999.
14. Costs
    1. The buyer agrees to pay to the seller all costs (including legal costs on a solicitor/client basis) of and incidental to the execution and discharge of this agreement and any of the securities and also all monies expended or charged by the seller as a consequence of default or which the seller considers in any way necessary to incur in the attempted protection, enforcement or attempted enforcement of the seller’s rights and remedies pursuant to this agreement.
15. Disputes and Law
    1. Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
    2. The contract including these terms and conditions of sale shall be governed by New Zealand Law.