Website Policy

Warranty

Background

Subject to the conditions of this warranty set out below, Newtech Bathroomware, New tech (Wanganui) Ltd operating as SmartCab, (the “Company”, “we”, “us” ) warrants to the initial purchaser only (the “customer”, “you”) that for a period defined in the table, that from the date of purchase that the said product sold under the SmartCab brand (each a “Product”), will be free from defects in manufacture.

Our liability to you is limited by the warranties given to you in this document. Any condition, warranty or other implied term not expressly contained in this contract is excluded. You acknowledge that you are contracting with us for the purpose of your business, and that the provisions of the Consumer Guarantees Act 1993 will not apply.

This warranty is strictly subject to the following conditions. The customer acknowledges that failure to adhere to these conditions shall void this warranty

Terms

  1. To claim under this warranty, the Customer must provide proof of purchase of the Product alleged to be defective and submit a written claim to the Company within 30 days after the defect would have become apparent to a reasonably diligent person (or, if the defect was apparent, or would have been apparent to a reasonably diligent person prior to installation, the claim must be made prior to installation).
  2. The customer must allow the Company, within 5 working days of notification of the claim, to promptly inspect the Product, or request photographs or other proof to verify the defect.
  3. Unless agreed by us in writing the warranties given by us are not assignable or transferrable by you.
  4. The Product must be installed, applied and maintained strictly in accordance with the relevant Company technical literature current at the time of installation (the “Literature”) and must be installed using the components or products specified in the Literature. All other products, including fixing, coating and jointing systems, applied to or used in conjunction with the Product must be applied or installed and maintained strictly in accordance with the relevant manufacturer’s instructions and by qualified tradespeople using good trade practice.
  5. The project must be designed and constructed in strict compliance with the current New Zealand Building Code and all other relevant laws, regulations and standards and commonly held good practise.
  6. Where this is a breach of the warranties accepted by us in accordance with the above process, we undertake to repair, replace or alter, at our option, but free of charge except for the matters specified later in this clause, any parts of the item(s) manufactured by us which have proved defective because of faulty workmanship and/or materials.
  7. Labour costs for the repair, replacement or alteration will be paid by us on a basis consistent with the scope of our contract with you or alternatively within a scope that in the view of Newtech is fair and reasonable.
    1. For example, as it is likely that the product does not include installation by us, you agree to pay the costs of removal, delivery and reinstallation of the parts of the item(s) which have proved faulty.
  8. For the avoidance of doubt it is agreed that we will not be liable to you, whether in contract, tort (including negligence), equity or (to the extent permissible at law) by virtue of the breach of any statutory duty or otherwise.
  9. Without limiting in any way the exclusion set out in clause 9, we will not be liable to you for:
    1. any damage or loss sustained by you except for the costs of repairing or replacing the item(s) manufactured, supplied or installed by us to the extent provided in clause 7;
    2. consequential, indirect or special damage or loss of any kind (including loss of profits) sustained by you whether as a result of a breach of any contract in existence between us, our faulty materials or workmanship, our failure to achieve technical performance or specifications in respect of the item(s), accidents, our failure to complete or deliver the item(s) within the time stipulated, or any other cause whatsoever;
    3. repairs made or attempted to be made to the item(s) by you or your employees or agents, without our written permission, and any consequences arising as a result of such repairs;
    4. fair wear and tear to the item(s);
    5. the cost of normal maintenance and adjustments to the item(s); and
    6. loss or damage to the item(s) arising directly or indirectly from a force majeure event.
    7. In the event of Newtech agreeing to a warranty consideration, we reserves the right to a Pro Rata settlement if it deems that this is the most suitable and fairest way to settle. All parties agree that all products have a useful life, and a Pro rata settlement agreement signals that a proportionate amount of settlement for the approximate useful life left may be in the best interests of all parties.
    8. Final Products that are made up of various components or parts may be subject to a settlement for the single part of the warranty in question, and not the other part where the warranty is not in question.
  10. Without limiting paragraph 9 above, the customer agrees that the Company will not be liable for any claims, damages or defects arising from or in any way attributable to:
    1. Poor workmanship (by any person other than the Company);
    2. Settlement , sesmic or structural movement and/or movement of materials to which the Product is attached;
    3. Physical abuse, misuse, accidents, exposure to excessive heat, exposure to excessive moisture, the use of solvents or inappropriate cleaning products/materials, improper maintenance, scratches, scuffs, burns, stains, wipe marks on darker colour surfaces, exposure to chemical products or normal wear and tear;
    4. General fading and discolouration from UV exposure;
    5. Variation in colour, pattern, shade of the material against the sample material, displays and/or printed illustrations;
    6. Efflorescence or performance of paint/coatings applied to the Product;
    7. Any modifications made to the finished products such as resizing or glueing;
    8. Growth of mould, mildew, fungi, bacteria, or any organism on any Product surface or Product (whether on the exposed or unexposed surfaces); exposure to steam in any amount that may likely risk the product integrity.
    9. Any act of God, including earthquakes, cyclones, floods or inclement weather, or acts of war (whether declared or not), insurrection, civil disobedience or similar, or any other matter which is beyond the Company’s reasonable control;
    10. Non compliance with Building Code compliance documentation, and in particular the maximum temperature of water that is limited to 55 Deg C. Any warranty assessment where the temperature of the water is suspected of being above 55 Deg C, and has resulted in thermal shock to the general area, will not be covered by warranty. The tempering valve must be subject to and comply with NZS4617 or AS1357.2
  11. This warranty also does not cover:
    1. Defects that are trivial and/or insubstantial; and do not meet the criteria for visual defects as is allowed for by the Company in normal trading;
    2. Anything that has been disclosed as a feature or limitation of the Product in any literature published by the Company; and
    3. Products that are sold as seconds, or end-of-line Products.
  12. In the event that the Company accepts a claim under this warranty, then the customer accepts that this product may include natural wood products, and that variations appear, and that there may be slight colour differences between the original and replacement Products due to the effects of weathering and variations in materials over time.
  13. A replacement product may not reasonably be available from the Company in the same shape, type, design or colour as the original Product covered by this warranty. If a replacement Product of the same shape, type, design or colour is not reasonably available, then the Company may satisfy its obligations under this warranty by providing a replacement Product of a shape, type, design, or colour as close to the original Product as is reasonably practicable, from the Company’s then current stock at the time of replacement or a refund for the original cost of the Product at the Company’s discretion.
  14. Document Control. All parties agree, that Warranty documents are updating regularly as situations require it, and that this document is the warranty policy that is in place, and historical warranty obligations are superseded by this document.

All claims to be made hereunder, should be addressed in writing to:

SmartCab

30 Mill Road, Castlecliff, Whanganui, NZ

Email: sales@smartcab.co.nz

Phone 0800 122 522

and must include the following information:

  1. Your name, address and telephone number
  2. Location where the Product was purchased and proof of purchase
  3. If Product has been installed - the address at which it was installed, the date of installation, the name of the person and company that installed it
  4. Description of how the Product is defective and when you found out that it was defective. Please also provide any photographs taken of the defect(s).

 

Returns and Cancellation Policy

(Updated February 2024)

If for any reason you are not completely satisfied with a SmartCab product supplied, we invite you to review our policy below:

Freight Claims

For freight damage to be accepted the item must have been checked upon receipt and signed for as damaged.

Any damage MUST be reported to Newtech within 24 hours of the item being received.

Contact us at sales@smartcab.co.nz or phone 0800 122 522. Please have available the original purchase order or invoice number. (Including photos or a video of the damage will help support the claim.)

Non-returnable Products

As SmartCab products are on-demand manufactured cabinets, we are unable to accept these products for return.

Orders cannot be altered or cancelled after 5pm on the day the order is placed.

The reasons for this are carefully explained in our YouTube video here.

Accepted Returns

  1. If a product has been incorrectly supplied or is faulty, we will gladly replace the item and cover all costs incurred on the condition that:

- our team is notified within 7 days of delivery, and
- all products are in their original undamaged packaging. Any items that have been installed will not be accepted.

  1. SmartCab manufactured items are not returnable. For all other items, returns will be accepted - subject to a return fee of 30% - if lodged within 30 working days of delivery. (The return fee includes the freight cost associated with the return.)

Note: You may be required to arrange transport of the product to a central town or city for collection

Return Process

Contact us at sales@smartcab.co.nz or phone 0800 122 522 for a Return Merchandise Authority (RMA). Please have available the original purchase order or invoice number.

All returns must have an RMA attached. Returns without an RMA document will be rejected.

 

Microsoft Clarity

We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioural metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

 

Terms of Trade

1. Definitions

1.1 “Seller” means New Tech (Wanganui) Ltd operating as SmartCab, its successors and assigns or any person acting on behalf of and with the authority of New Tech (Wanganui) Ltd T/A Newtech.

1.2 “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.

1.3 “Goods” means all Goods or Services supplied by the Seller to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

1.4 “Price” means the Price payable for the Goods as agreed between the Seller and the Customer in accordance with clause 6 below.

2. Acceptance

2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.

2.2 These terms and conditions may only be amended with the Seller’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Seller.

3. Authorised Representatives

3.1 Unless otherwise limited as per clause 3.2 the Customer agrees that should the Customer introduce any third party to the Seller as the Customer’s duly authorised representative, that once introduced that person shall have the full authority of the Customer to order any Goods or Services on the Customer’s behalf and/or to request any variation to the Services on the Customer’s behalf (such authority to continue until all requested Services have been completed or the Customer otherwise notifies the Seller in writing that said person is no longer the Customer’s duly authorised representative).

3.2 In the event that the Customer’s duly authorised representative as per clause 3.1 is to have only limited authority to act on the Customer’s behalf then the Customer must specifically and clearly advise the Seller in writing of the parameters of the limited authority granted to their representative.

3.3 The Customer specifically acknowledges and accepts that they will be solely liable to the Seller for all additional costs incurred by the Seller (including the Seller’s profit margin) in providing any Goods, Services or variation/s requested by the Customer’s duly authorised representative (subject always to the limitations imposed under clause 3.2 (if any)).

4. Change in Control

4.1 The Customer shall give the Seller not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s contact details The Customer shall be liable for any loss incurred by the Seller as a result of the Customer’s failure to comply with this clause.

5. Price and Payment

5.1 At the Seller’s sole discretion the Price shall be either:

  • (a) as indicated on any invoice provided by the Seller to the Customer; or
  • (b) the Price as at the date of delivery of the Goods according to the Seller’s current price list; or
  • (c) the Seller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

5.2 The Seller reserves the right to change the Price

  • (a) if a variation to the Goods which are to be supplied is requested; or
  • (b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or
  • (c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, change of design, inaccurate measurements supplied, etc.) which are only discovered on commencement of the Services; or
  • (d) in the event of increases to the Seller in the cost of Goods (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond the Seller’s control.

5.3 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by the Seller, which may be:

  • (a) on delivery of the Goods;
  • (b) by way of instalments/progress payments in accordance with the Seller’s payment schedule;
  • (c) for certain approved Customers, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
  • (d) the date specified on any invoice or other form as being the date for payment; or
  • (e) failing any notice to the contrary, the day which is seven (7) days following the date of any invoice given to the Customer by the Seller.

5.4 Unless otherwise stated, the Price and all other amounts payable under this Contract are plus GST and payable in New Zealand dollars.

5.5 Disbursements incurred by us on your behalf may include a reasonable mark-up by us.

6. Terms of Payment

6.1 If you do not make payment on the Due Date, you will be in default and must pay us default interest at the rate of 15% per annum, accruing on a daily basis on the total amount outstanding from the Due Date to the date of payment in full of the amount due, including any accrued interest.

6.2 Payment of all sums under this Contract will be without set-off or deduction of any kind.

6.3 We may apportion payments to outstanding accounts as we determine in our sole discretion.

7. Delivery of Goods

7.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that:

  • (a) the Customer or the Customer’s nominated carrier takes possession of the Goods at the Seller’s address; or
  • (b) the Seller (or the Seller’s nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.

7.2 At the Seller’s sole discretion the cost of delivery is included in the Price.

7.3 The Customer must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery and/or storage.

7.4 The Seller may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

7.5 Any time or date given by the Seller to the Customer is an estimate only. The Customer must still accept delivery of the Goods even if late and the Seller will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.

8. Ownership

8.1 We retain ownership of the Goods until the Price is paid in full.

8.2 Until the Price is paid in full, you will:

  • (a) hold any Goods we supply as our bailee;
  • (b) store the Goods safely at your cost so that they can be readily identified as belonging to us;
  • (c) do or allow anything to be done that may cause a deterioration in the value of the Goods; or
  • (d) otherwise adversely affect our rights in the Goods.

8.3 You must immediately inform us of any attempt by any third party to exercise any remedies against the Goods or of any circumstances that may affect our rights to the Goods.

8.4 Without limiting any other rights we may have, you will immediately return the Goods if requested by us if you fail to pay us any amount or breach any of your obligations under this Contract.

8.5 This clause 18 creates a security interest, as defined in the Personal Property Securities Act 1999 (PPSA), in all Goods supplied to you under the Contract.

9. Risk

9.1 The risk in the Product passes to you on delivery.

10. Security and Charge

10.1 In consideration of the Seller agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

10.2 The Customer indemnifies the Seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Seller’s rights under this clause.

10.3 The Customer irrevocably appoints the Seller and each director of the Seller as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Customer’s behalf.

11. Defects, Returns and Warranty

11.1 You agree to be bound by the terms and procedures of our Warranty Policy provided to you in conjunction with these terms of trade..

12. Consumer Guarantees Act 1993

12.1 If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by the Seller to the Customer.

13. Intellectual Property

13.1 Where the Seller has designed, drawn or developed Goods for the Customer, then the copyright in any designs and drawings and documents shall remain the property of the Seller.

13.2 The Customer warrants that all designs, specifications or instructions given to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify the Seller against any action taken by a third party against the Seller in respect of any such infringement.

13.3 The Customer agrees that the Seller may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which the Seller has created for the Customer.

14. Default

14.1 If:

  • (a) you fail to pay any money owing on the Due Date;
  • (b) you sell, part with possession, or dispose of any Goods or do anything inconsistent with our ownership of the Goods prior to making payment in full to us;
  • (c) the Goods are at risk, as defined in the PPSA;
  • (d) we believe you:
    • (i) have committed or will commit an act of bankruptcy;
    • (ii) have had or are about to have a receiver or liquidator appointed; or
    • (iii) are declared insolvent;
  • (e) you are otherwise in breach under this Contract; then that event is deemed to be a breach of any security interest created under the Contract and, in addition to any remedies we have at law, we may do one or more of the following:
  • (f) require immediate payment of the Price;
  • (g) charge default interest under clause 6.1;
  • (h) if Goods is to be installed, enter the Site and repossess any materials which have not been paid for in full, including any materials that have been affixed to the ground;
  • (i) enforce any security interest created under this Contract; and/or
  • (j) immediately terminate this Contract and Terms of Trade by written notice to you.