In these Conditions:
“The Company” means Foggyou Sdn. Bhd. (1398253-A) who are a Registered Company and Foggyou NZ Limited (NZBN 9429048995726) with operational application globally.
Foggyou NZ Limited is the company who own and operate the website www.foggyou.com and Foggyou.co.nz
“The Client” means the person, firm or company who has purchased Goods or Services from the website, www.foggyou.com and www.foggyou.co.nz
“The Equipment” means the equipment purchased from the website www.foggyou.com and www.foggyou.co.nz
The Company or its agents agree to sell and The Client agrees to purchase the Equipment and or Services for the price stated on the website and on the terms and conditions herein after appearing.
No contract for the supply and if applicable installation of Equipment or for Maintenance, Monitoring or Servicing shall be made except on these Conditions of Purchase and any terms proffered by the Client are hereby excluded.
If a Verbal or written Quotation has been provided the Quotation remains open for acceptance for three months from the date of the quotation, unless earlier withdrawn by the Company.
Separate Terms of Trade are available upon request for wholesale suppliers.
The risk of any loss, damage or destruction to the Equipment shall pass to the Client from the date on which the Equipment is dispatched to The Client. If the damage, destruction, or loss occurs prior to the risk passing to the Client, the Company may promptly repair or replace the equipment or cancel this contract in respect of that equipment without penalty or compensation being payable to the Client.
The Equipment Price is based on the costs of labour, materials, freight, insurance, customs duties, exchange rates and other levies and charges. If the Company is unable to supply any item of Equipment within 42 days of purchase, then The Client will be refunded in full.
Ownership of the Product Purchased passes to the client once The Company has received payment in full for the Product and it has been dispatched on the Courier or delivery Vehicle.
For the Warranty period specified for each individual product on this website The Company’s liability of any defects or faults in the Equipment shall in all cases be limited to replacing, repairing or correcting such defects or faults provided that The Client notifies The Company of such defect of fault within five (5) working days of the fault becoming apparent and provided that such defect or fault does not arise from negligence, misuse or vandalism in relation to the Equipment. A general parts and mechanical warranty shall remain 12 months from product payment.
DIY products damaged by poor or incorrect installation techniques are excluded from all warranties as are malfunctions attributable to the incompatibility of the Equipment purchased when connected to any existing Equipment.
Damage caused by Lightning Strikes, Power Surges, Accidents, Water Damage and “Acts of God” are excluded from all Warranties.
The Company may, at its option, repair or replace any defective parts of the Equipment.
The Warranty does not include labour costs for removing and reinstalling equipment, nor does it include inwards freight costs, however The Company will freight the product back to the Purchaser free of charge.
If you have a Labour Warranty where The Company has installed the products, then this Warranty period is for 12 Months from installation.
Notwithstanding anything otherwise contained in these conditions, The Company shall not be liable (whether in contract, tort, (including negligence) or in any other manner whatsoever) for any loss or damage (whether direct, indirect or consequential) suffered by The Client or any third party in relation to the Equipment or Services or The Client’s use thereof, whether due to the negligence of The Company or its servants or agent, or any breach by The Company of any term of provision expressed or implied herein or arising otherwise howsoever, and where The Company undertakes maintenance, servicing or monitoring, The Company shall not be liable for any failure of The Company or its agents for the carrying out of any instructions of The Client.
It shall be The Client’s responsibility to arrange insurance cover in respect of the Equipment, and to arrange insurance cover in respect of any loss or damage The Client may suffer as the result of any failure of the Equipment to operate correctly, or any negligence or breach of any term expressed or implied herein by The Company or its servants or agents.
The Company shall not be liable in respect of any professional advice which may be given in relation to the Equipment which is given in a negligent manner or is incorrect in any respect, and The Client acknowledges that it has relied solely on its own judgement in relation to its requirements in respect of Equipment and the adequacy of the Equipment to carry out the purpose for which it was intended.
The Client agrees that no claim or allegation shall be made against any servant or agent of The Company which attempts to impose upon any of them any liability whatsoever in connection with the Equipment, its operation or function, the carrying out of any service inspections, the monitoring of calls, the performance or non-performance of The Client’s instructions or any advice or information given by them, and if any such claim or allegation should be nevertheless made, to indemnify The Company and any such servant or agent against all consequences thereof. It is hereby expressly agreed and declared that all provisions limiting or excluding the liability of The Company herein contained shall be for the benefit of all servants, agents, contractors and subcontractors of The Company.
Notwithstanding the foregoing, if The Company shall be found to have any liability to the client it is agreed and acknowledged that any liability shall not exceed the price of the relevant equipment and/or services purchased from The Company.
This agreement and any of The Company’s rights and obligations under this agreement may be assigned or subcontracted by The Company without the prior consent of the client.
The interest of The Client under the Agreement shall be transferable only with the written consent of The Company firsthand and obtained which consent may be withheld by The Company for any reason.
We may have an agent perform any of our obligations and duties to you. Each agent and their officers and employees shall have the benefit of any terms that confer benefits to us and they shall provide to you the service as outlined in these terms and conditions
The Agreement contains the whole of the terms of the agreement between the parties hereto and all other terms, conditions and warranties which might otherwise have been implied or have had any application are hereby to the extent permitted by law expressly excluded.
The sale of any equipment or services shall not, unless expressly agreed in writing, give The Client the right to use, sell, disseminate, or duplicate The Company’s trademarks, copyright designs or any other intellectual property rights.
All notices to be given under the Agreement shall be signed by or on behalf of the party giving such notice and shall be served by email, and any such notice shall be deemed to have been duly given on the date of the email.
No variation of the terms of this Agreement shall be binding on The Company or The Client unless in writing signed by or on behalf of both parties.
The Client will indemnify The Company for any physical, direct and indirect damage, economic loss or other loss or costs or expenses (including actual legal and lawyer/client costs and expenses) to The Company or any other person, and will fully indemnify the Company against any claim or proceedings against The Company (or any of its agents or employees) or arising from an Event of Default in respect of any equipment and / or services acquired by The Client from The Company.
No delay or failure to act is a waiver. No waiver is effective unless it is in writing. Any waiver of a breach so given is not a waiver of any other breach.
All images are representative only. The Company reserves the right to make changes to Products to reflect current models and designs.