LIMITLESS SUPPLEMENTS WEBSITE TERMS AND CONDITIONS
These terms of trade apply to purchases, offers, order-confirmations and agreements whereby Limitless Supplements Ltd (hereon referred to as Limitless) supplies products and/or services to its clients for which these terms have been declared applicable.
1. Delivery and ownership
1.1. With regard to orders that Limitless has accepted from the client, Limitless will fulfil these orders as carefully as possible and within a timely manner or delivery period agreed upon by both Limitless and the client, in principle. Limitless will deliver products within New Zealand freight paid to a street address. For carriage outside New Zealand, Limitless will sell Ex Works (EXW) or in accordance with the applicable Incoterms agreed upon. Immediately after the product has been delivered in the specified manner, the client will be liable for the risk of any damage that may occur to the product, except insofar as the fault for such damage lies with Limitless. In the event of a claim relating to the order, the client must notify Limitless in writing within ten working days.
1.2. Limitless is not obliged to deliver the products on time insofar as the delay is caused by circumstances that can be attributed to its suppliers. In such cases, Limitless will notify the client as soon as possible and endeavour within the bounds of reasonableness to limit the delay where possible. Moreover, Limitless reserves the right to suspend delivery immediately as soon as the client fails to fulfil its obligations.
1.3. Limitless will retain ownership over all products delivered for sale to the client until all amounts payable by the client in accordance with the agreement and all other amounts payable by the client, due to non-fulfilment of payment obligations, have been paid to Limitless in full.
1.4. For export orders, if a delay in delivery is requested once product has begun production, the client may be held accountable for any additional storage costs incurred during this delay.
2. Price and Payment
2.1. If applicable, all prices will attract GST and other government levies. Limitless is entitled to modify its prices, if a fixed price has not been agreed on explicitly and in writing, due to rising purchase prices, tax-related changes and high labour costs. In the case of agreements for an indefinite period of time, Limitless is entitled to modify its prices, but must notify the client in this regard on time before the date upon which the price change will take effect.
2.2. Invoices will be paid by the client in accordance with the payment conditions stipulated on the invoice. If a specific arrangement does not exist, the client will pay on the 20th of the month following invoice date. The client is not entitled to set-off or suspend payment.
2.3. If the client fails to pay the due amounts on time, the client may be charged an additional 10% of the order amount, over the outstanding amount without any need for a warning or notice of default.
2.4. In the event of cancellation of an export order by the client or a customer of the client once production has begun, Limitless is entitled to charge an amount totalling 15% of the order amount, without prejudice to its right to compensation for all damages, if this totals more than 15%.
3.1. Limitless guarantees that the products supplied will, at the time they are despatched, conform to any requirements set out by the client in their purchase order and agreed to by Limitless.
3.2. In compliance with the provisions mentioned below, Limitless will provide a guarantee with respect to the soundness of the product it delivered as well as the quality of the materials used and/or delivered for that purpose. The client must notify Limitless about this in writing within ten working days after a complaint has been identified.
3.3. The guarantee will entail the replacement or refund of the product by Limitless at its expense.
3.4. With regard to products delivered by Limitless that the client passes onto a third party, Limitless will never be obliged to provide another guarantee other than the guarantee Limitless provided on the basis of these terms to the client.
4.1. The maximum liability of Limitless will not exceed the fees paid and or payable by the client for the product except for gross negligence or intention on the part of Limitless and/or its management.
4.2. In all cases, Limitless will disclaim liability for consequential loss, including loss of profit and claims made against the client by third parties.
5. Web Push notifications
5.1. Web Push notifications are automated customer alerts that are delivered via web browser platforms to subscribers for the purposes of marketing. They are functional across a number of browsers and operating systems.
6. Subscriber list
6.1. The Company ensures that all subscriber lists remain private and confidential. The Company will not sell, rent, loan or invite external access to a customer's contact lists. Nor will Company themselves use customer's contact lists for any purpose.
7. Use of information collected
7.1. The Company shall not distribute, circulate or pass onto any third party any of the information that is collected through the licensing and use of the product. All information gathered will be used only for the improvement of the product or services and the betterment of the customer, and will remain private and confidential.
Everything you need to know about web push notifications