Terms Used
'The seller' refers to Waikato Motorcycles Limted T/A Waikato Yamaha
'The buyer' refers to any legal entity purchasing from the seller.
General
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:
* 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.
* 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.
* 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.
Formation of Contract
The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise)
constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller's acceptance occurs
(and the contract is formed) when the goods are dispatched to the buyer.
Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993
("the Act") then;
* Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
* In the event the purchaser is acquiring the product for purposes other than that of a business, then these conditions
of sale shall be interpreted subject to the purchaser's rights under the Act, to the intent that no provisions shall any
way limit the purchaser's rights under the Act.
For more information about the Consumer Guarantees Act Click here.
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