The following are the Terms and Conditions of purchasing a PLB rescue beacon(s) (the Beacon) from Rescue Beacon Hire Ltd and or Risk Management (Intl) Ltd (Rescue Beacon).
By clicking the Rescue Beacon Hire Ltd website (www.rescuebeaconhire.co.nz) button “I accept the terms and conditions", the Purchaser:
(i) agrees to and accepts all of the Terms & Conditions contained herewith and
(ii) agrees and accepts (in the case of EPIRB and PLB Distress Beacon(s) (the Beacon(s)) that each Beacon being supplied by Rescue Beacon to the Purchaser in a sealed bag has not been activated and that the battery(s) meet the manufacturer’s specifications and warranty.
(iii) agrees and accepts that the issuance by Rescue Beacon of an offer or an invoice for a beacon(s) or the receipt of payment for a beacon(s) by Rescue Beacon does not constitute a contract or commitment to supply the said beacons if a specific offer is 'sold out' or no longer available. Supply is dictated solely by the availability of beacons at the time of allocation or despatch to the respective customer. In the event of a customer having received an offer or an invoice from Rescue Beacon for a beacon(s) and does not get allocated a beacon(s) or has made payment to Rescue Beacon for a beacon(s) and is not allocated a beacon(s) then in any case if Rescue Beacon advises the customer that the specific offer is 'sold out' or no longer available then all matters and claims of whatsoever type by the customer against Rescue Beacon are brought to an end and rendered null and void provided that Rescue Beacon has refunded to the customer any monies paid by the customer to Rescue Beacon in this regard.
2. Good order and condition
The Purchaser acknowledges that the Equipment is in good order and condition and working to the manufacturers specifications.
(a) Proof of Delivery. It is agreed that any proof of delivery supplied by NZ Post to Rescue Beacon for the delivery of the Beacon(s) to the Purchaser, Purchaser’s Agent, Representative, or Purchaser specified delivery point is deemed to be Proof of Delivery of the Beacon(s) to the Purchaser for the purposes of the agreement between the Purchaser and Rescue Beacon as set out in the Request to Purchase and the RescueBeacon Invoice to the Purchaser.
(b) Both Rescue Beacon and the Purchaser acknowledge and accept the statement by New Zealand Post that any CourierPost package lodged with NZ Post prior to 5 pm one day will be targeted for delivery to the consignee at any location in NZ the next day with Rural Delivery addresses taking longer.
Accordingly it is agreed between Rescue Beacon and the Purchaser that in the event of Rescue Beacon having proof of despatch of a CourierPost package to the respective Purchaser and NZ Post for whatsoever reason not delivering the package to the Purchaser or taking longer than these stated times for target delivery, the Purchaser recognizes and agrees that Rescue Beacon is not responsible for any acts or omissions of NZ Post and accordingly agrees that in the event of it making any claim it will only be against NZ Post and not Rescue Beacon and that the respective contract for purchase between Rescue Beacon and the Purchaser together with all of its Terms and Conditions shall stand without changes or refunds of any type and that both Rescue Beacon and the Purchaser shall each hold the other blameless and free of any further charges or consequences in this regard.
(c) Rescue Beacon and the Purchaser undertake to operate at all times in good faith. Accordingly it is agreed between Rescue Beacon and the Purchaser that if the Beacon(s) requested by the Purchaser and confirmed for sale by way of the issuance of an Invoice by Rescue Beacon is not despatched to the Purchaser (that is to say, either not dispatched in the 7 working days following receipt of the Purchasers remittance or not being despatched at all as the case may be) that, other than Rescue Beacon in the case of the Equipment not being despatched at all, refunding in full any purchase charges already paid by the Purchaser, both Rescue Beacon and the Purchaser shall each hold the other blameless and free of any further charges, costs or consequences in this regard both between themselves and also between either of themselves and any third party.
The Purchaser agrees to use the Beacon(s) at the Purchaser’s own risk and that Rescue Beacon makes no representation as to the adequacy, suitability or effectiveness of the Unit. The Purchaser agrees that Rescue Beacon is not responsible for any costs or consequences whatsoever resulting from the Purchaser purchasing Equipment from Rescue Beacon. Further the Purchaser agrees:-
(a) to hold harmless and indemnify Rescue Beacon and its representatives from any claim whatsoever, including but not limited to injury, loss, property damage and any third party claims resulting from the use or misuse of the Beacon(s).
(b) to release and hold harmless Rescue Beacon from all claims by the Purchaser of whatsoever type and howsoever caused.
5. No Refunds
Once Booked and Paid for, at Rescue Beacon's sole option, refund of the purchase price of the Beacon will not be made in any circumstances, including, but not limited to, when the Unit has not been used due change of mind, change of plans or sickness.
6. NZ Law
It is agreed by the Purchaser that all disputes, issues and matters of whatsoever type associated with or resulting from the purchase of the Beacon(s) howsoever arising that are unable to be mutually resolved between the Purchaser and Rescue Beacon shall be governed and construed in accordance with New Zealand laws and shall be determined in the Hastings District Court, Hawkes Bay, New Zealand.
(i) These Terms & Conditions of Purchase comprise the sole Terms & Conditions between the parties and any and all prior agreements whether verbal or written are hereby revoked and rendered Null and Void. Any variations to these Terms & Conditions can only be made in writing and must be signed by all of the Parties.
(ii) Should any Article or Clause of these Terms & Conditions prove unenforceable then that Article or Clause shall not detract in any way from the enforcement, spirit, agreement or covenants of the remainder of the Terms & Conditions.
Going into the Wildnerness - remember to pack your personal locator beacon