Last revision 01/01/12

Welcome to the Trig Instruments web site. These Terms of Use (the Agreement) contain the terms and conditions that govern your use of this Site. Trig Instruments reserves the right to change this Agreement at any time, without notice or liability, by updating the posting of this Agreement on this Site.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ENTER THIS SITE. By using this Site, you agree to be legally bound by the terms and conditions of this Agreement current at the time of your use. Therefore, you should periodically review this Agreement. If you do not wish to be bound by this Agreement, please click BACK on your browser - you may not use this Site.

The word "Content" as used in this Agreement means any and all information, data, software, content, materials, documents, text, photographs, video, sounds, music, illustrations, graphics, logos, functions, processes and the like that are available on, in or through this Site.

Disclaimers and Limitation of Damages
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER.

UNLESS OTHERWISE STATED, ALL PRICES ON THIS WEB SITE ARE EXCLUSIVE OF GST AND FREIGHT. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE THAT PRICES AND SPECIFICATIONS ON THIS SITE ARE CORRECT, ERRORS CAN OCCUR AND TRIG INSTRUMENTS WILL NOT BE HELD LIABLE FOR ANY PRICE OR INFORMATION POSTED ON THIS WEB SITE IN ERROR.

TRIG INSTRUMENTS DOES NOT WARRANT THAT THE CONTENT AND OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ITS CONTENT OR ANY SERVER USED TO OPERATE THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIG INSTRUMENTS, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, EVEN IF TRIG INSTRUMENTS IS ADVISED OF THE POSSIBILITY THEREOF.

IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.

Privacy
Trig Instrument is a division of Stevens Marketing Limited. We have the highest respect for your privacy and as such we will not pass your information on to any third party, unless you have requested us to do so, granted permission for us to do so or unless we are required to by law. This includes your email address, your purchase history, your contact details, your credit card details etc.

Price Guarantee
Where possible Trig Instruments will match or better any price advertised in New Zealand for the same equipment.
We will honour competitors specials, or standard quotes.
Just show us the quote in writing and where possible we will match or better it.
Plus you will still get all the benefits of Trig Instruments quick service, same day dispatch of stock items and batteries included service.
This offer is made at Trig Instruments sole discretion. Trig Instruments is not legally bound to match or better any particular price.

Site policies, modification, and severability
We reserve the right to make changes to our site, policies, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Any information which is stored off site by a user will not be updated should changes be made to the site. Therefore all information online should be considered to be the most up-to-date information and will replace any information or offer(s) which has been stored off site.

Rights in Content
Unless otherwise indicated in the Site, all Content is the property of, or licensed to, Trig Instruments and is protected under New Zealand and foreign copyright, trademark and other intellectual property laws. Other than as stated in this Agreement, use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppel, of a license or any other right to the Content.

Unless otherwise indicated in this Site, Trig Instruments grants you the limited right to display the Content only on your computer screen, copy the Content to the limited extent necessary for such display, and, on an occasional basis, to print and store the Content for your personal, noncommercial use, provided that all copyright notices located on the Content appear on the printed and stored versions. This limited right automatically terminates without notice to you if you breach this Agreement. Trig Instruments reserves all rights and title to all Content, including that which is copied, printed or displayed.

Warranty
In the event of any Claim under these Terms at the Seller's discretion Goods may be repaired or replaced or the Price refunded. These are the sole remedies available to the Buyer for default by the Seller under these terms.
In any event, the Seller's liability arising out of any Claim or otherwise under these Terms will not exceed the Price of the Goods. No claim may be made against the Seller for consequential damages or loss of profits.
The only guarantees agreed to by the Seller are those confirmed by the Seller in writing.

In respect of any Goods supplied to a Buyer registered in New Zealand:
Where goods acquired by the Buyer are for business purposes, the Consumer Guarantees act 1993 ("CG Act") does not apply. The Buyer agrees to indemnify the Seller against any liability or cost incurred by the Seller under the CG Act as a result of any breach by the Buyer of its obligations under the CG Act to any person. Nothing in these terms is intended to have the effect of contracting out of the provisions of the CG Act except to the extent permitted under that Act.

Unless otherwise stated, all used, end of line and reconditioned equipment is sold in as-is condition, with a three month warranty. While every effort is made to keep parts and serivce available for used, end of line and reconditioned equipment, in some cases parts are not available or no longer manufactured. We make no guarantees as to the service life or repairable life of such equipment.

Cancellation of Orders
Orders may only be cancelled up until they have been processed by our sales department. Some items brought in to special order and non stock items may incur a 10% restocking fee on cancellation of the order.

Refund Policy
If for any reason you are not satisfied with your purchase please call us directly on 0800 500 460. You will find our contact details on the packing slip that was delivered with your product.

We do not have to provide a refund if you have changed your mind about a particular purchase or would like to cancel your Order, so please choose your product carefully. A refund is at our discretion and is likely to incur a 6% booking fee of the original purchase price. This booking fee covers the transaction charge that we incur for accepting your credit card transaction, our time in processing the Order and in refunding. You will also incur the cost of freight both from the original delivery and for the return of the goods to our warehouse.

However, if the Goods you have received are faulty we will meet our obligations under the Consumer Guarantees Act to provide a remedy.

Territory
With some of our products we are restricted to sell within a designated sales territory. Should we receive an order for a product which we cannot supply to your location we will notify you and where possible, we will furnish you with the contact details for the company who supplies that product within your location. All credit card details relating to that order will be destroyed, not passed on to any third party.

Credit card payments
We may be unable to process credit card payments for equipment purchases over $3500 due to high credit card company commissions. This also applies to some promotions and specials. To discuss this please call our sales team on 0800 500 460.

Spam and Scams
Trig Instruments has a zero tolerance policy for spam. We have no system for harvesting, purchasing, selling, leasing, storing or in any other way abusing your email address. When you register an account with us you choose to subscribe or unsubscribe to receive newsletters from us. We may out of necessity need to send you e-mails from time to time regarding your account, where the urgency requires this we may need to send this information regardless of your “subscription status”.

We will NEVER under any circumstances email or contact you and request your private username or password. Any requests for this type of information should be treated as fraud and reported to info@triginstruments.co.nz immediately.

Electronic Communications
When you visit triginstruments.co.nz or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Licence and site access
Trig Instruments grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Trig Instruments. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Trig Instruments. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Trig Instruments and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Trig Instruments name or trademarks without the express written consent of Trig Instruments. Any unauthorised use terminates the permission or license granted by Trig Instruments. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of triginstruments.co.nz so long as the link does not portray Trig Instruments, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Trig Instruments logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Trig Instruments does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Trig Instruments only with involvement of a parent or guardian. Trig Instruments and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

Reviews, comments, communications, and other content
Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information or content. Trig Instruments reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant Trig Instruments and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Trig Instruments and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Trig Instruments or its affiliates for all claims resulting from content you supply. Trig Instruments has the right but not the obligation to monitor and edit or remove any activity or content. Trig Instruments takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of loss
All items purchased from Trig Instruments are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Abandoned goods
Should unpaid goods or servicing remain uncollected from us for 60 days, the item(s) will be considered abandoned and therefore Trig Instruments reserves the right to sell or use such goods for the purposes of recovering costs. Items that are paid for but uncollected will be kept for 6 months before being treated as abandoned. In the case of such items being sold, Trig Instruments has no responsibility to pass recovered money to the former owner of the goods. Should you be unable to collect or pay for goods or servicing, you must notify us in writing so that we can make arrangements with you to hold the goods until such time as you can collect and or pay for the goods or service.

Product descriptions
Trig Instruments and its affiliates attempt to be as accurate as possible. However, Trig Instruments does not warrant that product descriptions, prices or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Trig Instruments itself is not as described, your sole remedy is to return it in unused condition.

Pricing
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item's correct price is higher than our stated price, we may, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not process payments made through our web site until the time of dispatch. Should the cost of a product increase from the manufacturer, cost of import, cost of exchange rate fluctuation or cost change from an importer, we may, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Applicable Law
By visiting triginstruments.co.nz, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Trig Instruments or its affiliates.

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trig Instruments’ copyright agent the written information specified below:

1) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed upon;
3) A description of where the material that you claim is infringing is located on the site;
4) Your address, telephone number, and e-mail address;
5) A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Trig Instruments’ Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Copyright Agent
C/- Trig instruments
PO Box 27-204
Wellington
New Zealand