Terms and Conditions
by trulux

Terms and Conditions

Prices

Prices may differ between our distributors.

Colours

Reproduction of colours is as accurate as photographic processes allow, but please note colours may vary slightly from what is displayed on your monitor.

Privacy

Pacific Glass Limited is bound by the NZ Privacy Act 1993. The Trulux Privacy Policy outlines how and when personal information is collected, stored and distributed by Trulux.

Copyright

This web site and its contents are the property of Pacific Glass Limited and are subject to copyright. The contents of our web site and the web site are intended solely for your personal, non-commercial use. Any use of our web site and its content for purposes other than personal and non-commercial use, or any use of the trademarks displayed on the web site, is prohibited without the prior written permission of Pacific Glass Limited: 20 Carpenter Rd, East Tamaki, Auckland, 2013, New Zealand.

Disclaimer

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. Pacific Glass Limited makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws. Pacific Glass Limited, its directors, officers, employees, agents, contractors, franchisees, successors or assigns will not be liable for any damage or loss whatsoever arising out of, or in any way related to, the use of this web site and any other site linked to this web site.

General

This web site may be accessed in New Zealand and throughout the world. Pacific Glass Limited makes no offer in or by this web site to sell any product or service in any country outside New Zealand and no representations that the content of this web site complies with the laws of any country outside New Zealand. If you access this site from outside New Zealand, you do so at your own risk and are responsible for complying with the laws in the place where you access the site. The use of this site is governed by, construed and enforced in accordance with the laws of New Zealand.

Products, Availability & Assembly

Due to popularity or interruption of supply some items may be unavailable or out of stock. While we aim to ensure that information on this website is correct, sometimes errors do occur for which we apologise. Products may require self-assembly. It may be necessary to make changes to product specifications. We reserve the right to make these changes at any time and without notice.

Terms and Conditions of Sale

Payment

Full payment for products must be made at the time of purchase.

Storage

You must collect or take delivery of products when received/delivered. If you fail to do so, Trulux may charge reasonable storage.

Delivery

Delivery charges and estimated dates will depend on where your product is being delivered. You must ensure correct delivery address and access details are provided to us. We will use all reasonable endeavors to meet the estimated delivery date. Under the New Zealand Consumer Guarantees Act 1993 (“Consumer Law”), we have a statutory obligation to deliver goods within a reasonable time. So long as the goods are delivered within a reasonable time, you agree that Trulux is not and will not be liable for any loss or damage, however it may arise, if the products are not delivered by the estimated delivery date. Products will only be delivered if a person aged over 18 years and able to accept delivery is at the delivery address. If delivery cannot be made because of access issues you may be charged for additional freight costs or be required to collect from the freight depot.

Risk and Title

All Risk in Trulux products passes on delivery of the products to the customer or its nominated agent or representative. Title passes on delivery of the products.

Trulux Warranty

Trulux provides this warranty for its products that have been purchased in New Zealand. This Warranty is subject to the Consumer Law. The Warranty period commences from the date of sale:

  •   20 years for frames for structural components.
  •   2 years for moving parts and rubber extrusion.
  •   1 year for all other parts and products.This Warranty covers the replacement or repair of any product that has a manufacturing or material defect that is not the result of normal wear and tear, or a natural characteristic of the material used. This Warranty is not transferable and does not cover products used for commercial purposes. This Warranty does not cover finishing (including powder coating).Where Trulux Warranty does not applyThis Warranty does not apply to any products sold as seconds, demonstrator models, repaired products or products that have a defect where this has been drawn to your attention before you purchased the products.
    In addition, this Warranty will not apply if:

 Repairs to a product are made or attempted before notifying Trulux.

  •  The product has not been used or maintained in accordance with the manufacturer’s instructions as provided with the product.
  •  The customer uses the product in an abnormal manner for example if the product is abused, misused, dropped, crushed, impacted with any hard surface, exposed to extreme heat (including fire) or cold, not maintained properly or used after partial failure.
  •  The product has been modified, incorrectly adjusted or operated, subjected to incorrect electrical supply or inconsistent electrical supply or used with inappropriate accessories.
  •  The product is tampered with in any way.

Additional rights under Consumer Law

In addition to the Trulux Warranty, our products come with statutory consumer guarantees that cannot be excluded. The rights afforded to you by these guarantees are separate to your rights under the Warranty.
You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the products repaired or replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure. To the extent that they are compatible with the Consumer Law, the exclusions and provisos that apply to the Warranty apply to these guarantees.

Consumer guarantee remedies 

If there is a major structure failure with the product, you are entitled to:

  • reject the product and get a refund;
  • reject the product and get an identical replacement, or one similar in value if reasonably available; or
  • keep the product and obtain compensation for the drop-in value of the product caused by the major failure.

If there is a minor failure with the product, the customer is entitled, at the election of Freedom, to:

  • a refund of the cost of the product;
  • replacement of the product; or
  • have the product repaired within a reasonable time.

Exclusion of Implied Warranties

Subject to the above, to the full extent permitted by law, all warranties, conditions and other terms express or implied by statute, custom or common law are excluded. Nothing contained in these terms and conditions excludes or restricts any consumer guarantee, warranty, condition, right or remedy implied by any statute (including the Consumer Law) which cannot be excluded, provided that, to the extent that the statute permits, Trulux is entitled to limit its liability as set out above for a breach of a guarantee, condition or a warranty implied by that statute. If the customer acquires a product in trade, the customer agrees that the Consumer Law does not apply in accordance with section 43(2).

Made to Order Stock

Notwithstanding any other provision of these terms and conditions, products which are made to individual customer specifications which must be ordered specifically for a customer cannot be cancelled or returned if the customer decides the customer no longer wants the products.

How to Make A Claim

To claim under the Warranty or a consumer guarantee, you must return the product for repair/inspection to place of purchase at your cost (including any freight and insurance charges) together with the original sales docket or another form of proof of purchase. We will assess the product to determine the nature of the issue, whether you are entitled to a remedy, and in the case of a minor failure, the remedy that will be made available to you. Sometimes we may have to forward the product to the manufacturer or repair agent and liaise with them. We will do our best to resolve the issue in a timely manner. If your product cannot be easily returned to your local store because of its size (“Bulky Goods”), we will arrange for the product to be assessed or request photographic evidence. If the Bulky Goods have suffered a major failure, Trulux will arrange to collect the Bulky Goods at no charge to you.

For any queries please contact us at admin@pacificglass.co.nz.

General

If any part of these terms and conditions are found to be void, invalid or otherwise unenforceable, then that part shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these terms and conditions shall continue to be enforceable and valid. Goods are sold for domestic use in NZ only. These terms and conditions will be governed by and construed in accordance with the laws of New Zealand.