MusicWorks Retail Terms & Conditions
• An overview of MusicWorks' Retail Terms and Conditions.
Last Updated: 9:45am | 26th May, 2021
Terms & Conditions for Retail Sales
Price
1. All prices are in NZ$ and include GST, unless otherwise stated.
2. Unless otherwise agreed in writing, the price of the goods will be the current price on the day of delivery of the goods.
3. Prices do not include delivery surcharges.
Payment
4. All goods must be paid in full on collection, delivery, or installation. Payment must be made by cash, approved cheque or credit card, or direct credit. Payment by cheque or direct credit shall not be deemed to have been received until honored/cleared.
5. Interest may be charged on overdue accounts at such rate as MusicWorks Limited may determine from time to time.
6. If MusicWorks Limited is required to undertake action for recovery of outstanding debts, the Customer indemnifies MusicWorks Limited against any expenses, costs or disbursements incurred for such purpose, including legal costs on a solicitor-client basis.
Special Orders/Acceptance of a Quote
7. Where a quotation is given by MusicWorks Limited for goods, unless otherwise agreed, the quotation shall be valid for 30 days from the date of issue.
8. A deposit of up to 50% may be required to secure the equipment for the quotation if that quotation is accepted by the Customer. The deposit amount to be agreed and recorded with an authorised MusicWorks Limited agent at the time the quote is accepted by the Customer.
9. If the goods require special ordering, you will be advised and asked to sign/authorise a “Customer Order Form”, and to provide a deposit of up to 50%.
10. The deposit may be non refundable, please refer to our refunds and returns policy.
Delivery
11. MusicWorks Limited shall deliver the goods to either the postal address or the business address notified by the Customer.
12. MusicWorks Limited shall deliver the goods by such carrier and in such form of transport it considers appropriate.
13. If the Customer specifies the means of transport or the carrier, the Customer shall bear the additional costs (if any).
14. MusicWorks Limited will not be responsible for any consequential damages arising directly or indirectly from late delivery or non-delivery.
15. Risk in the goods shall pass to the Customer at the time the goods are received by the carrier to be delivered to the Customer.
Rental Instruments
16. The Customer is responsible for any loss or damage to the Instrument during the rental term and will indemnify MusicWorks Limited for all repair and replacement costs.
17. In addition the Customer will indemnify MusicWorks Limited for any loss of revenue suffered due to the unavailability for hire and from and against all claims in respect of any costs (including legal costs on a solicitor/client basis), loss, damage, injury or liability arising from the hireage.
18. The Customer shall:
a. Maintain the Instrument in good repair, condition and working order;
b. Store the Instrument in its case (if any) or otherwise carefully store the Instrument when the Instrument is not in use;
c. Return the Instrument in the condition it was in at the commencement date of the hire term less fair wear and tear;
d. Bring the Instrument to and only to MusicWorks Limited for servicing or repair at the Customer’s own cost; and
e. With respect to late returns pay $2.00 per day for each day overdue.
19. The Customer shall not unless with MusicWorks Limited’s written consent:
a. Modify the Instrument;
b. Take the Instrument outside New Zealand;
c. Assign the hire contract or part with possession of the Instrument.
20. The Customer may elect to purchase the Instrument during the rental contract period. If the Customer elects to purchase during the rental period then the Customer will receive a discount equal to the lesser of one of the following; the monthly rental paid to date or 2 full yearly payments, or 24 monthly payments or 4 six monthly payments. Please note that a used instrument gets only 50% of the applicable discount but new instruments get 100%. None of these discounts apply to any special promotion price.
21. For the avoidance of doubt, the monthly rental referred to in clause 20 above does not include any insurance charges paid to MusicWorks Limited.
22. Subject to clause 20 MusicWorks Limited has the absolute discretion to determine the price of the Instrument at the time the Customer elects the option to purchase.
23. If the Customer fails to pay any money due or perform any obligations during the hire term, MusicWorks Limited may without any prior notice retake possession of the Instrument. The Customer agrees that MusicWorks Limited, its agent and employees may enter onto any land where MusicWorks Limited believes the Instrument to be and retake possession of the Instrument.
24. The Customer agrees that no refunds are given by MusicWorks Limited following the early return of rental Instruments.
Refunds and Returns
25. MusicWorks Limited does not have to refund your payment if you have changed your mind, so please choose your goods carefully.
26. If a Customer has made a payment in error please contact MusicWorks Limited within 2 business days. MusicWorks Limited will investigate the claim within 5 business days of notification and refund any part of your payment which in its sole discretion is found to be a genuine payment error.
27. The Customer shall notify MusicWorks Limited prior to returning any goods. MusicWorks Limited reserves the right to determine whether it will accept such return and on what terms.
28. Goods must be returned in its original condition and packaging.
29. No returned goods shall be accepted if the goods have been tampered with by the Customer or the carrier.
Warranty and Consumer Guarantees Act 1993
30. All new goods sold by MusicWorks Limited are guaranteed for 12 months against manufacturing defects (subject to the limitations, terms and conditions contained in manufacturer’s warranty) from the date of purchase. Some brands carry specific warranties for a longer period. Please check our website and confirm the length of warranty with us at the time of purchase of the goods.
31. MusicWorks Limited offers a 90 days warranty from date of original purchase on secondhand goods, excluding valves, speakers, meters, and cross faders.
32. All warranties extend to the original purchaser only and are not transferable.
33. Proof of original purchase is required as a condition of warranty coverage. Please retain your original invoice.
34. All warranty claims must be referred to MusicWorks Limited. You are not authorised to contact the manufacturer direct.
35. These warranties do not extend to normal wear and tear or damage caused by abuse, misuse or negligence, tonal characteristics, strings, any modifications, or damage in transit. Failure to comply with the maintenance instructions will void the warranty. MusicWorks Limited will endeavor to either repair or replace the defective goods. If repair or replacement is not practicable, MusicWorks Limited will refund the purchase price.
36. The Customer shall be responsible for the costs associated with delivering the goods to and from MusicWorks Limited for repair or replacement purposes.
37. The Consumer Guarantees Act 1993 (Act) shall not apply where the goods are purchased for business purpose. Where the goods are purchased for non business purposes, then subject to these terms and conditions, MusicWorks Limited will comply with its obligations under the Act.
Liability
38. Where the Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes imply warranties or conditions or impose obligations upon MusicWorks Limited which cannot by law (or which can only to a limited extent by law) be excluded or modified, then liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
39. MusicWorks Limited will not be liable for any loss or damage of any kind whatsoever arising from the supply of goods by MusicWorks Limited to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise.
40. The Customer shall indemnify MusicWorks Limited against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of MusicWorks Limited or otherwise, brought by any person in connection with any matter, act, omission, or error by MusicWorks Limited its agents or employees.
41. If contrary to the disclaimer of liability contained in these terms and conditions of trade, MusicWorks Limited is deemed to be liable to the Customer, following and arising from the supply of goods by MusicWorks Limited to the Customer, and such liability is limited to maximum aggregate of $500.
Lay-by Sales
42. All terms and conditions of the lay-by Sales Act, 1971, and amendments, apply to the following Lay-by Sales agreement:
a. A deposit of at least 25% must be paid to commence the Lay-by;
b. Regular payments must be made on the Lay-by account during the term;
c. Unless otherwise agreed by a MusicWorks Limited representative, the Lay-by term is 3 months;
d. A receipt must be obtained and retained for every payment made on the Lay-by Sale;
e. Goods can not be uplifted until the Lay-by and all other monies owing on the agreement have been paid in full.
43. You may, at any time before the purchase price has been paid in full and for any reason, cancel the Lay by giving to us notice to that effect. In this instance Selling Costs (as defined by the Act) may be deducted. These can include the following:
a. Administration costs for cancellation as defined in the Act;
b. Storage, Insurance and Handling Costs at $1 per day until the Lay by is terminated by either party;
c. Loss of Value, calculated as the difference between the value of the goods when placed on Lay by and the expected selling price as at the time of the notice to cancel the Lay by. (This does not apply for Lay bys canceled within 1 month of establishment).
44. If the Lay by agreement is breached, and you have not contacted the store and an agreement reached to make alternative arrangements, this agreement may be terminated:
a. You will be advised in writing that we wish to terminate the agreement and you will have 7 days to complete the payment in full; or
b. The agreement will be canceled, the goods returned to stock and the refund calculated in accordance with these terms and conditions;
c. All refunds will be paid into a nominated Bank Account. If alternative payment is required then please discuss with a MusicWorks Limited’s representative.
Privacy
45. The Customer authorises MusicWorks Limited to collect, retain and use personal information about the Customer (including any information collected in this document) for the following purposes only:
a. Assessing the Customer’s creditworthiness;
b. Disclosing to a third party details of this application and any subsequent dealings it may have with MusicWorks Limited for the purpose of recovering amounts payable by the Customer and providing credit reference;
c. Marketing goods and services supplied by MusicWorks Limited or its selected business partners.
46. MusicWorks Limited shall immediately stop sending marketing materials to the Customer should the Customer so request.
47. The Customer can assess and correct any information MusicWorks Limited holds about the Customer.
Security Interest
48. The Customer grants MusicWorks Limited a Security Interest in the goods supplied by MusicWorks Limited to secure payment of the purchase price of the goods and any other obligations of the Customer to MusicWorks Limited (whether under this contract or otherwise).
49. The Customer shall, at its own expense, provide all reasonable assistance and information to enable MusicWorks Limited to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce MusicWorks Limited’s Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”).
50. The Customer agrees not to change its name until it has given MusicWorks Limited 10 business days notice in advance.
51. MusicWorks Limited may apply any payment received from the Customer to all or part of the amount owing for any goods or services provided to the Customer as Music Works Limited sees fit, irrespective of whether that payment is intended by the Customer to be for those particular goods or services or in respect of a particular invoice.
52. Until the Customer has paid all money owing to MusicWorks Limited, it shall at all time ensure that the goods supplied by MusicWorks Limited, while in the Customer’s possession, can be readily identified.
53. The Customer waives its right to receive a copy of any financing statement, financing change statement or verification statement that is registered, issued or received at any time pursuant to these terms of trade.
54. The Customer authorises MusicWorks Limited to enter any premises and repossess any goods that have not been paid for in full, but without prejudice to any other rights of MusicWorks Limited. Where the goods are retained by MusicWorks Limited you waive the right to receive notice under section 120 of the PPSA and to object under section 121 of the PPSA.
55. For the purposes of this clause, words and phrases shall have the meaning given to them under the PPSA.
General
56. MusicWorks Limited may from time to time and in its absolute discretion amend the terms and conditions contained herein and such variation shall take immediate effect without the Customer’s consent.
57. These terms and conditions are to be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts.
Definitions
58. “Goods” includes without any limitation all musical instruments, accessories, goods, products or advice provided in relation to the instruments, hiring and sale of musical instruments, and all associated fees and charges.
59. MusicWorks Limited includes references to “us” or “we” or “our”.
60. Customer includes references to “you” or “your” or “yours”.
