This Standard Terms and Conditions Agreement (‘Agreement’) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from CPAP New Zealand, or any of its subsidiaries. By accepting delivery of products purchased from CPAP New Zealand as described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and CPAP New Zealand. These terms and conditions are subject to change without prior written notice at any time, at CPAP New Zealand's sole discretion.

1.

Definitions.

a. “We”, “us” and/or “our” means CPAP New Zealand (www.cpapnz.co.nz)
b. “You” or “your” means the individual or entity named on the invoice.

2.

Payment Terms; Orders.

Advertised prices are in New Zealand Dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are at CPAP New Zealand's discretion, and unless otherwise agreed to in writing by CPAP New Zealand. Payment must be received by CPAP New Zealand before any acceptance of an order and goods dispatched.

3.

Taxes.

Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.

4.

Shipping and Title.

CPAP New Zealand will arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when CPAP New Zealand delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. If shipping to a business or company address please include business/company name and attention goods to your personal name. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify CPAP New Zealand of missing or damaged items in your order within five (5) days after you receive your product.

*If your shipping address Is an apartment number or unit number it may be beneficial to have your item shipped to an address where the postal service delivery person can knock on your door and hand you the item directly. Workplaces are often the best alternate shipping address for your item as someone is likely to be able to receive the parcel in person.

*If you have no alternate address and you aren’t home when the package is being delivered you may receive a card in your mailbox letting you know to collect your parcel at your nearest Post Office. Should you not receive a card and your item is taking an extended amount of time to reach you it may require you to call your local Post Office and check to see if it is awaiting your collection. *You must show sufficient photo ID to collect your parcel from the Post Office.

5.

Return Policy.

We are not obligated to provide a refund if you change your mind about the purchase of cpap products.  We will meet our obligation under the relevant Legislation to provide a remedy if the goods are defective.  Non faulty / unused product returns can only be accepted within 14 days of the original invoice date only and must be accompanied with the original receipt. The refund will only be issued for the amount of the sale and will not include shipping costs or any accessories. All items will be subject to a 25% restocking fee. Cancellation and Return Policy is not applicable to business to business transactions and multi-purchase orders (3 or more). Please email CPAP New Zealand at sales@cpapnz.co.nz and provide the invoice number, item description, and serial number(s) of the merchandise you wish to return. Returned merchandise must be placed in original packaging, and include product manuals and other accessories. All sales on masks, cushions, tubes and accessories are final if packaging has been opened. No refunds are available on any accessory items at any time. cpapnewzealand.co.nz may, from time to time, at its sole discretion issue refunds for accessory items, however any refund is subject to CPAP New Zealand's standard return policy whereby a 25% restocking fee is applicable and the item must be returned within 14 days.

6.

Warranties for Domestic Customers; Disclaimer of Warranties.

THERE ARE NO WARRANTIES FOR SOFTWARE OR SERVICES. CPAP NEW ZEALAND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN CPAP NEW ZEALAND’s APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND CPAP NEW ZEALAND WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON CPAP NEW ZEALAND's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. THE STANDARD 12 MONTH WARRANTY PERIOD BEGINS FROM THE RECEIPT OF GOODS BY INITIAL CONSIGNEE.

6A.

Items that are returned for repair under warranty take approximately 7-21 business days to be repaired and returned to you. The 7-21 business day period commences from the ‘physical’ receipt of goods at the premises of CPAP New Zealand by a CPAP New Zealand representative. This does not include any collection notices or attempted deliveries by a courier(s), post representative or other person(s). The 7-21 business day period quoted is a guide only and should be treated as such. Thus from time to time, repairs under warranty may extend past the 7-21 business day period. CPAP New Zealand accepts no liability or consequences for repairs under warranty that extend past the 7-21 business day period.

7.

Warranties for International Customers; Disclaimer of Warranties.

The standard warranty stated above in Section 6 applies to CPAP New Zealand-branded products shipped to a country outside of New Zealand, provided that customers outside New Zealand are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to CPAP New Zealand. All international customers are responsible for all customs duties, GST and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.

8.

Software.

All software is provided subject to the license agreement that is part of the package you receive from CPAP New Zealand. You agree to be bound by the license agreement once the package is opened or its seal is broken. CPAP New Zealand not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.

9.

Exchanges.

From time to time, CPAP New Zealand may, at its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with CPAP New Zealand's exchange policies in effect on the date of the exchange.

10.

Products.

CPAP New Zealand continually upgrades and revises its products and service offerings. CPAP New Zealand may revise and discontinue products at any time without prior notice to customers. CPAP New Zealand will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building CPAP New Zealand products are selected from new and equivalent-to new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted CPAP New Zealand SKU numbers for CPAP New Zealand-branded hardware products are of the quality specified by CPAP New Zealand on its website and conform in all material respects with the CPAP New Zealand product specification current on the date such products were shipped.

11.

The product specifications and information listed on CPAP New Zealand's website (www.cpapnz.co.nz respectively) is provided as a guide only and should be confirmed with the manufacturer or relevant authority prior to purchase. CPAP New Zealand accepts no responsibility or liability for specifications or information that is incorrect prior to purchase, at the time of purchase or at any other time.

12.

Software and Peripherals.

Any warranty and technical support provided on third-party products offered by CPAP New Zealand, such as diagnostic equipment, as well as software, are provided by the original manufacturer and not by CPAP New Zealand. The warranties and technical support offered by such manufacturers may vary from product to product. CPAP New Zealand-branded software and peripheral devices carry the same warranty terms as those described in Section 6.

13.

Limitation of Liability. 

CPAP New Zealand DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. CPAP New Zealand WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, CPAP New Zealand IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.

14.

Not for Resale.

You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. CPAP New Zealand has separate terms and conditions governing resales and transactions outside New Zealand.

15.

Miscellaneous Provisions.

You will not register or use any Internet domain name that contains an CPAP New Zealand trademark or trade name (i.e., cpapnz.co.nz) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired. This Agreement and any sales thereunder shall be governed by the laws of New Zealand, without regard to conflicts of laws principles.