MetroGreen Urban Greenscape Solution

Terms & Conditions

ABOUT THESE TERMS AND CONDITIONS

 

In these Terms and Conditions:
"We", "Us", MetroGreen/Arborgreen NZ mean MetroGreen.   Hereafter MetroGreen/Arborgreen NZ shall be known as MetroGreen.

"You", "Your", and "Yours" means you the customer/purchaser.

Products means goods sold by MetroGreen on this web site.

Price means the price at which the Products are sold on this web site.

Order means an order for Products on this web site.

These Terms and Conditions together with your Order constitute the entire Contract between Metrogreen and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

 

Terms of Trade

(1) New Zealand Sales Only

If you order through our website, we will only sell in New Zealand Dollars (NZD), and we only deliver products within New Zealand. 

(2) Colours

We try to display as accurately as possible the colours of the products shown on the website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

(3) Freight Policy

As our goodwill to you, and to remain as competitive as possible, MetroGreen only charges a standard $3.50 handling fee on all purchases under $300 to cover administration costs (Orders over $300 will not incur any handling fee). This fee applies to deliveries to residential, commercial and rural addresses in New Zealand’s towns and cities (excluding Waiheke Island, Great Barrier Island & Chatham Islands), and excluding bulky items where stated. If you, as the purchaser, are unsure of whether any items ordered class as bulky items, you’re welcome to contact our customer service department for a freight estimate. For goods delivered outside the metro area to rural addresses, MetroGreen will deliver direct to your door via selected courier companies. Goods shall be at the purchasers risk from date of delivery. For deliveries to Waiheke Island, Great Barrier Island and Chatham Islands, there is a special freight charge including ferry fees as follows:

Waiheke Island: $22.00

Great Barrier Island: $30.00

Chatham Islands: $25.00

(4) Delivery Policy

The following provisions apply to delivery of Goods:

    • a) Products shall be deemed to be delivered when delivered to your premises and;
        • i. any specific directions given to us by you as the purchaser, for products to be left at a point or place on your premises by our designated courier without a proof of delivery (POD) being required, shall be deemed as delivered at the time of delivery. MetroGreen and our designated courier shall take no further responsibility for any loss or damage of the goods from this point.
    • b) Any quotations of delivery times by us are estimates only and not commitments. We shall not be bound by such quotations. If no dates are specified, delivery shall be within a reasonable time.
    • d) MetroGreen shall not be liable to you for non-delivery or delay in delivery.
    • e) MetroGreen will not consider any claim that all of the Products ordered have not been delivered unless you make a written claim to MetroGreen within 5 (Five) business days of delivery.
    • f) You shall provide at the your premises and at your expense, adequate and appropriate equipment and manual labour for unloading the Products.

(5) Returns Policy

If you are not 100% satisfied with your purchase, simply call us within 14 days from the date on the relevant invoice. We will arrange collection and if products are in original sale condition, replace your order or refund you in full. We will always be glad to pay freight where the error is ours. Understandably, special orders such as capital equipment, non-stocked or custom items can only be replaced if the error is ours, and a restocking fee of 15% will be applied depending on the circumstances. Any returns for credit must be authorized by MetroGreen and a credit authorization number obtained. Any goods purchased and dates over a year old will not be warrantable or credited unless approved by the management of MetroGreen.

(6) Payment policy - Trade Accounts only

Your invoice will arrive with your goods, unless otherwise advised. For full trade account holders; your payment is due strictly within 20 days from the end of month which goods are supplied. Payments received after 30 days will be recorded as part of our monitoring and in the classification of our customers. MetroGreen reserves the right to charge daily interest on overdue accounts at a rate of 5% per month. Any account which is OVERDUE by more than 21 days will result in the account being placed on STOP CREDIT until the account is paid.

For new and prepaid account customers; payment must be processed in full prior to release of goods. For all orders paid for by card, the complete order value will be processed in one single transaction, to save additional card fees associated with multiple transaction processes. There is a minimum purchase of just $50 (exclusive of GST). The price of goods covered by all invoices is ex-warehouse. Products purchased from MetroGreen remain the property of MetroGreen until the invoices in which the goods were bought are paid in full.

(7) Consumer Rights

Nothing in these Terms and Conditions affect any rights you may have as a “consumer” under any statute.

To the extent that the New Zealand Consumer Guarantees Act applies, you confirm that:

    • a)  if you are acquiring the Products for business purposes the New Zealand Consumer Guarantees Act 1993 will not apply; 
    • b)  where you resupply the Products in trade to a person acquiring them for the purposes of a business, then; 
      •             i.  you must include a term in your contract with that person that the Products are being acquired for the purposes of  a business and that the Consumer Guarantees Act 1993 does not apply in respect of those Products, and 
      •            ii.  you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval; and 
      •           iii.  you indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.

(8) Retention of Title Clause 

All goods invoiced and delivered remain the property of MetroGreen; until payment in full has been received by MetroGreen.  MetroGreen may at any time without notice retake possession of goods. The buyer should not however, be entitled to return the goods without prior written agreement from MetroGreen.

(9) GST & Pricing

All MetroGreen listed prices are in NZ Dollars and include GST unless otherwise stated on the Product listing.  Prices are subject to change without prior notice.

(10) Privacy Policy

MetroGreen values our relationship with you and the other users of this website. We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information that we may collect when you use the Web Site. Accordingly, we have implemented a strict privacy policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us via our contact us page.  Our full privacy policy can be view here.

(11) Force Majeure

MetroGreen shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of MetroGreen such as an act of God, failures to act by any governmental authority, wars, strikes or other labour disputes, and MetroGreen shall be entitled to a reasonable extension of time for the performance of such obligations. 

(12) Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the courts of New Zealand.



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