OVERVIEW
This website is operated by Metallic M Limited. Throughout the site, the terms “we”, “us” and “our” refer to Metallic M Limited. Metallic M Limited offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.
- DEFINITIONS
1.1 “We” shall mean us as Metallic M Limited, Or any agents or employees thereof.
1.2 “Buyer” shall mean the customer, any person acting on behalf of and with the customer's authority, or any person purchasing products and services from Metallic M Limited.
1.3 “Goods” shall mean all Goods of the general description specified on the
front of this agreement and supplied by Metallic M Limited to the buyer; and all Goods supplied by Metallic M Limited to the buyer; and all inventory of the buyer that Metallic M Limited supplies; and all Goods supplied by Metallic M Limited and further identified in any invoice issued by Metallic M Limited to the buyer, which invoices are deemed to be
incorporated into and form part of this agreement, and all Goods that are marked as having been supplied by Metallic M Limited or that are stored by the buyer in a manner that enables them to be identified as having been supplied by Metallic M Limited; and all of the buyer’s present and after-acquired Goods that Metallic M Limited has performed work on or to or in which goods or materials supplied or financed by Metallic M Limited have been attached or incorporated. The above descriptions may overlap, but each is independent of and does not limit the others.
1.4 “Goods and Services” shall mean all goods, products, services and advice provided by Metallic M Limited to the buyer and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by Metallic M Limited to the buyer.
1.5 “Price” shall mean the cost of the Goods and Services as agreed between Metallic M Limited and the buyer and includes all disbursements, e.g. charges Metallic M Limited pay to others on the buyer’s behalf subject to clause 4 of this contract.
- ONLINE STORE TERMS
2.1 Our website may contain links to other sites that are not under our control. These websites have their privacy policies, and we encourage you to review them. We have no responsibilities for linked websites and provide them solely for your information and convenience. We do not warrant that material on the linked sites is free of any computer viruses, defects, or infringements.
2.2 You must only use this website, and you must only display, copy, distribute, download, and print portions of this website for your own personal use. You must not attempt to change, reproduce, add to, remove, hack, or interfere with this website or its material.
2.3 Metallic M Limited offers you access to this website and the functionality attached to this website but reserves the right to charge a fee for this service in the future (no fee is currently applicable).
- MODIFICATIONS TO THE SERVICE AND PRICES
3.1 Prices are inclusive of Goods and Services Tax unless otherwise stated.
3.2 Price is subject to international market fluctuations, import costs, and the availability of materials from our suppliers. Installation fees are not included as these are provided by a third party.
3.3 Variations to quoted specifications will be subject to price adjustments when applicable. All prices are offered on a nil retention basis.
3.4 Prices for our goods are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
3.5 Prices listed on this website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and, therefore under no circumstances constitute an offer or undertaking by Metallic M Limited. We make no representation that the products listed on this site are currently available at any or all of our locations.
- GOODS OR SERVICES
4.1 Manufacturing of custom products will not commence before the final on-site measurements are confirmed unless written measurements are otherwise provided by the client. Any custom-made orders cannot be refunded once the orders are confirmed as these orders are made to order for the Particular customer.
4.2 Colours: Standard gates and fencing are limited to those colours available from our warehouses at the time of ordering. All non-standard colours will need to be discussed with a powder coating company or other suitable third party. This is the responsibility of the client, and these costs are not included in the prices from Metallic M Limited.
4.3 No provision is included for the supply or installation of any electronic gate openers that are not from Metallic M Limited’s goods range. No provision is included for the supply of any lock kits unless otherwise stated. No provision is included for any electrical work.
4.4 If the buyer fails to make partial or full payments to Metallic M Limited, its servants or agents may at any time enter the premises where the goods are, to take possession of and remove the goods and the buyer shall indemnify and hold harmless Metallic M Limited in that regard.
4.5 Damaged goods: Metallic M Limited will not be held responsible for any damages incurred to any products after the products have left our warehouse for any pickup order. The client must check the goods if they are damaged upon delivery to them. If a good is damaged on delivery, then the client should refuse to take receipt of that goods and notify Metallic M Limited on the arrival date or as soon as possible. If the client notices damage to a goods after delivery, please take photos and notify Metallic M Limited within 3 days of delivery.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
5.1 We reserve the right to refuse any order you place with us. We may, in our Sole discretion, limit or cancel quantities purchased per person, or per order. These restrictions may include orders placed by or under the same account, the same credit card, and orders that use the same billing and shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.2 Terms of payment: When accepting our prices and goods, a 50% deposit or any amount agreed in writing, needs to be paid in order for the manufacturing and ordering of the items to commence.
5.3 All orders are invoiced for payment based on the generated date of your order, NOT your pick-up or installation date.
5.4 Overdue payments: the buyer shall pay interest at two percent (2%) monthly above Metallic M Limited’s Bank overdraft rate on all overdue amounts from the due date until payment is made. The buyer shall have no right to set off payment of any money due under this agreement against any other claim or matter, whether related or not. If any payment owing to Metallic M Limited is not made within thirty (30) days of the due date, the buyer grants Metallic M Limited security over its assets for full payment or peaceful removal, and pay all the restocking fee and labour cost.
5.5 Debt collection: Any legal or debt collection costs incurred in the recovery of late payments are chargeable to the buyer.
5.6 Manufacturer’s warranty shall apply except where payment or part thereof remains outstanding.
5.7 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to update promptly your account and other information, including your email address, so that we can complete your transactions and contact you as needed.
- PICK UP ORDER
6.1 When your order is prepared for pick up, any of your nominated persons could pick up your order with your unique verification code generated by our system sent to your email address only.
6.2 Tracking information is accessible when you login into your account if you cannot receive/check your email regularly. Please pick up your orders between 9am to 3pm in 10 working days.
6.3 You have 10 working days to pick up your order after it arrives at its destination store. Your order is ready to pick up immediately after its arrival.
6.4 You may pick up your order during our business hours or by appointment after arrival. Any arrived order without your attention for more than 10 working days could be relisted or sold to any other buyers. Your order could be damaged/devalued after 10 working days since arrival as we have no responsibility to stock your order. We are not responsible for any damage or loss of your order after 10 working days since arrival. Any orders left in our depot more than 15 working days after arrival occur at a $150 restocking fee.
6.5 We encourage all our buyers to visually check products thoroughly before they accept it, then we know if any damage/defect exists before you take them away. Please do not accept or take any products away if you are not happy with any goods.
- DELIVERY ORDER
7.1 To get your order delivered promptly, customers or we can order delivery service from any freight companies on behalf of our buyers to arrange delivery. Manufacturing and delivery lead times vary upon the availability of stock in our warehouses, lead times at the ports, and service times of the courier companies choosed. Metallic M Limited cannot take the responsibility of any freight company you choose as it is out of our control. Completion and delivery dates are contingent upon Metallic M Limited not being affected by any causes beyond its control.
7.2 Customers may request to track the delivery with the third-party freight company or book a time for delivery directly. We cannot involve or control any third party's delivery processes or guarantee any freight cost refund after any orders are dispatched. Regarding your safety and prompt delivery, please book a time with your freight company to make sure someone on-site can help and sign off your delivery. All tracking information is accessible through Mainfreight Toll’s website or www.designfence.co.nz after you log in.
7.3 It is very important to write down any damages to the package in the docket at the time you receive it in order to claim insurance or warranty. We may send you some parts to replace or fix the damages during the delivery once any reasonable proof is received.
7.4 Shipping costs include handling and packing fees as well as transport costs. Handling fees are fixed, whereas transport fees vary according to total weight. and the volume of the shipment. We may have to adjust the transport fee according to the real cost charged by the freight company if any circumstances change. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them.
7.5 You acknowledge and agree that any person at the Delivery Address who receives the Products is authorised by you to receive your order. All goods supplied from our warehouses or delivered on-site shall be at the buyer’s risk after delivery. The ownership of the Products will be passed to you on the date and time of delivery to the Delivery Address.
- RETURN POLICY AND WARRANTY
8.1 Refunds and returns: If you wish to return a Good that is not damaged and that was provided to you under these terms and conditions, then you may apply to return that Product in accordance with our Refund Policy.
8.2 We do not have to provide a refund if you change your mind or nothing wrong with the Product you want to return.
8.3 We do not have to provide a refund if the goods were damaged by man-made sabotage after goods left our store.
8.4 For any agreed return or refund, you must provide us with the invoice we issued to you for your order to make a claim under this clause. You will be charged a 30% minimum restocking fee, or we will credit 90% of the full amount to your E-wallet under your account created by our system. We will not refund the Delivery Fee after it occurs.
8.5 Warranty: Metallic M Limited warrants on behalf of the manufacturer, the original purchasers for a period of one (1) year unless stated below. Warranty commences from the date of purchase (not installation). The manufacturer warrants the product to be free of defects in materials and workmanship under normal use, providing installation has been carried out according to the manufacturer’s specifications. All remotes carry a 6-month warranty with 3 months on batteries. During the warranty period, Metallic M Limited shall either repair or replace any defective product upon return of the product. Any replacement and repaired parts sent out by Metallic M Limited are warranted for the remainder of the original warranty or ninety (90) days, whichever is longer. No replacement parts are to be sent prior to the original parts being returned first. The original owner must promptly notify Metallic M Limited in writing via email at info@designfence.co.nz that there is an issue in material or workmanship and such written notice shall be received in all events prior to expiration of the warranty. It is the purchaser’s responsibility to confirm this notification has been received by Metallic M Limited. Additional length of warranty policies apply when annual compulsory services are carried by the supplier or qualified installers and records are provided.
8.6 Acceptance of this quotation (either verbally, in writing, electronically or otherwise), automatically and unconditionally confirms your complete acceptance and agreement to the terms and conditions herein.
- THIRD-PARTY LINKS
9.1 We do not warrant the accuracy or completeness of any information you derive from this website, and we exclude liability for loss or damage arising from any errors or omissions in this website or your use of this website (including any interference with or damage to your computer system). If any liability is not able
to be excluded by law, we limit our liability to the resupply of the relevant information or services.
9.2 Certain content, products, and services available via our Service may include materials from third parties.
9.3 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third parties.
9.4 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9.5 We cannot guarantee any file, data, or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website. This website may be inaccessible from time to time due to events outside Metallic M Limited’s control or maintenance requirements.
- PERSONAL INFORMATION
10.1 If we collect your personal information, we do so subject to the terms of our Privacy Policy, details of which are at https://www.metallic.co.nz/privacy10.2 We may use cookies to gather data about this website and you consent to us doing so (although you may be able to disable cookies on your Web browser).
10.3 For more information, please review our privacy Policy.
- GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of New Zealand.
- CONTACT INFORMATION
For full details of product information, product price, and conditions, or questions about terms and conditions, please get in touch with us at info@designfence.co.nz