NZ Aerosports Limited – Terms and Conditions of Sale NZ Aerosports Limited (JYRO) (We) agree to supply and you agree to buy the goods at the price stated on our invoice on these terms, unless we agree in writing to different terms.
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Price and Terms of Payment
- 1.1 The price payable by you for our goods on our website will be displayed in the currency that you choose to select.
- 1.2 Our prices may vary at times due to special promotions which are available only through our online store. We reserve the right to adjust our prices at any time.
- 1.3 Our prices do not include any Value Added Tax (VAT) or Sales Tax. Goods and Services Tax (GST) will be payable if the goods are to be shipped to New Zealand.
- 1.4 GST will also be payable on goods shipped outside New Zealand if an invoice is unpaid within 2 weeks of the request of full payment advice email, and the invoice date has been exceeded by 3 months. The GST rate in New Zealand is 15%.
- 1.5 The price that we invoice you includes shipping to your agreed address but the price does not include any import taxes and duties for customs clearance purposes. It is your responsibility to pay the relevant taxes and duties. It is recommended that you seek advice from your customs department with respect to taxes and duties that may be payable by you before you place your order with us.
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Payment
- 2.1 If paying with credit card, your payment is processed via Windcave's secure gateway, Payment Express. We accept payment by Credit Card (either Visa, Mastercard or AMEX). There is a surcharge fee applied to all AMEX payments.
- 2.2 Bank transfers are also available, though processing orders can take longer if paying this way. Please note, any bank fees applied during the payment process are the responsibility of the payee.
- 2.3 When purchasing a custom canopy product with credit card, we will validate your card at the time of ordering. A $1USD holding charge is taken and then reversed by your bank. This can take up to 7 working days. Full payment is requested approximately 4 weeks prior to completion. If you have not paid the final balance to us within 6 weeks of receiving our payment request email, the canopy will be added to stock.
- 2.4 You are required to pay in full when placing an order for a stock canopy. If you have not paid the full amount to us within 2 weeks from the date of order, the canopy will be returned to stock.
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Delivery of Goods
- 3.1 Once your order has been manufactured and you have paid us the price in full your order will be delivered to you.
- 3.2 In the event that we are unable to supply all of your order to you at one time we may consider delivering your order to you in separate deliveries.
- 3.3 You can change your delivery address at any time up to 24 hours before your order leaves our factory. If you choose to change your delivery address after your order has left our factory you will be responsible for the additional courier charges incurred.
- 3.4 In the event that your delivery does not receive customs clearance and the goods are sent back to us, we will invoice you for the cost of delivering the goods back to us.
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Change of Orders
- 4.1 At the time you place your order we also ask for relevant information from you which allows us to make a recommendation as to a suitable canopy type specifically for your requirements.
- 4.2 Until Production has started, you can change size, colour, and canopy type; however, this may affect product lead time, and a new invoice may be issued for price variations.
- 4.3 In the event that your order is unavailable and you have already paid for the goods in full we may consider offering you a replacement good of equal price and quality. Our sales team will contact you to negotiate a suitable solution. If you choose to decline our offer of a replacement good and your original order is permanently unavailable, we will refund you your original purchase price in full.
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Risk and Title
- 5.1 The risk of any loss of, or damage or deterioration to the goods supplied by us shall pass to you at the time the goods are delivered to the carrier. If goods are lost or damaged in transit you are required to report this to shipping@jyro.com with a description and photos of the damaged goods. You are required to file any claims for damaged or lost goods to the shipping company within 14 days of delivery. We will also assist you where we can.
- 5.2 Title of the goods will at all times remain the property of us until payment in full has been made to us by you.
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Returns and Exchanges
- 6.1 If you are not completely satisfied with your canopy, we offer a full refund or exchange within 2 months from date shipped provided the canopy has been used for less than 10 jumps. Our sales team will be able to help you with so please contact sales@jyro.com
- 6.2 If you need to discuss anything to do with your canopy our suppose team can be contacted by emailing us at support@jyro.com
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Warranty
- 7.1 We warrant that the goods will be of good and merchantable quality and free of manufacture defect in accordance with the Consumer Guarantees Act 1993.
- 7.2 If you need to discuss anything to do with your canopy our support team can be contacted by emailing us at support@jyro.com.
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Miscellaneous
- 8.1 Except as required by the Consumer Guarantees Act 1993, we shall not be liable for any loss or damage of any kind whatsoever, arising from the supply of the goods by us to you including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise irrespective of whether such loss or damage arises directly or indirectly from the goods supplied by us to you.
- 8.2 We shall not be liable for any default due to any act of God, war, terrorism, fire, flood, drought, earthquake, storm or other event beyond our reasonable control.
- 8.3 The failure by us to enforce any provision of this contract shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
- 8.4 The Terms and Conditions are governed by the laws of New Zealand and are subject to the exclusive jurisdiction of the New Zealand courts.
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Restrictions on Resale and Export Compliance
- 9.1 In compliance with Aotearoa New Zealand's Export Controls regime and international obligations, the Buyer agrees with the following:
- not to resell
- transfer
- re-export - 9.2 Any sport parachutes purchased from JYRO to military or armed organisations or for military purposes without obtaining prior written permission from JYRO, NZ Aerosports Ltd. This restriction applies specifically to exports outside the Unites States of America, Canada, the European Union, Japan, South Korea, Australia and New Zealand.
- 9.3 The Buyer acknowledges that the export of strategic goods, particularly those that can be used for both civilian and military purposes, is regulated under the Customs and Excise Act 2018. The Buyer agrees to comply with this Act and all other applicable laws and regulations governing the export of goods. Failure to comply with these regulations, including the provisions related to military end-use and the New Zealand Strategic Goods List, may result in the Buyer being denied future purchasing privileges and legal action.
- 9.4 For any intended export transactions outside the countries above, the Buyer must contact JYRO to verify eligibility and obtain the necessary export permits and documentation. For further information on export compliance, please visit New Zealand Foreign Affairs and Trade Export Controls.
- 9.1 In compliance with Aotearoa New Zealand's Export Controls regime and international obligations, the Buyer agrees with the following:
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