Terms of Trade for Power and Marine

Welcome to Power and Marine

These Terms govern all your interactions and transactions with us, including the purchase of our Goods. By accessing and using our website or placing an order, you agree to these Terms and to the following additional terms and policies:

Terms that govern your use of our websites: https://www.hondaoutdoors.co.nz/terms-and-conditions, https://www.hondamarine.co.nz/terms-and-conditions
Our policies on how we handle privacy: https://www.hondaoutdoors.co.nz/disclaimer-and-privacy-policy, https://www.hondamarine.co.nz/disclaimer-and-privacy-policy
Our return policies: https://www.hondaoutdoors.co.nz/returns-policy, https://www.hondamarine.co.nz/returns-policy

The terms of use of our website, the privacy policies, and our return policies are all incorporated into these Terms by reference.

1. DEFINITIONS

In these Terms, the following definitions apply:

(a) “Company”, “we”, “us”, “our” means Power and Marine Limited (company number 136231).

(b) “Customer”, “you”, “your” means the person or entity purchasing Goods from us, and if there is more than one, Customer is a reference to each Customer jointly and severally.

(d) “Local Dealer” means a local authorised dealer or licensee of our brands.

(e) “PPSA” means the Personal Property Securities Act 1999.

(f) “Terms” means these Terms of Trade, which govern all transactions between the Company and the Customer.

(g) “Trade-In Vehicle” means any vehicle, equipment, or other goods that you offer to trade in as part payment for the Goods.

2. YOUR ACCEPTANCE OF TERMS

2.1. By purchasing from us you confirm you have carefully read and understood these Terms. You are taken to have exclusively accepted and are immediately bound, jointly and severally, by these Terms if you place an order for or accept delivery of the Goods.

2.2. These Terms may only be amended with our consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between you and us.

2.3. You warrant that you have the power to enter into this agreement and have obtained all necessary authorisations to allow you to do so, that you are not insolvent, and that this agreement creates binding and valid legal obligations on you.

3. PRICING AND AVAILABILITY

3.1. Prices shown are recommended retail prices (RRP) only. A Local Dealer’s prices may be lower than these recommended prices. Unless otherwise stated, any RRPs listed are inclusive of GST. RRPs do not include delivery costs unless stated. Actual price for any Goods may vary between Local Dealers. Visit your Local Dealer for further details.

3.2. All prices, quotes, and the availability of Goods are subject to change without notice. Any quote provided by us is an invitation to treat only and does not bind us until we have accepted your order in writing or by dispatching the Goods.

3.3. We reserve the right to correct any Goods or pricing errors due to technical and other issues.

3.4. In addition to, and in no way limiting, clauses 3.2 and 3.3, we reserve the right to vary the price by the amount of any reasonable increase in the cost of supply of the Goods that is beyond our control between the date of the order and the date of supply. This includes, but is not limited to, changes in exchange rates, costs of labour, materials, transport, freight and insurance, customs duties, sales taxes and other duties, imposts and surcharge and all other expenses.

3.5. If there is material increase in the costs between the date of the order and the date of supply, and we have not cancelled your order in accordance with clause 4.3 below, we may notify you of an increase in the price and in that case, you will have the right to cancel your order without penalty within 2 working days of receiving such notice from us.

3.6. We will not be bound by clerical errors or omissions whether in computation or otherwise in any pricing, acknowledgment, or invoice and the same shall be subject to correction.

4. ORDER ACCEPTANCE AND CANCELLATION

4.1. To order Goods from Power and Marine, you must submit an order through the site. This constitutes an offer to buy our Goods at the specified prices (including delivery and other charges and taxes if applicable). Acceptance of your order will only occur when the Goods are dispatched to you.

4.2. We may request further information to process your order, or require you to provide current and accurate details before dispatching the order.

4.3. We may, at our sole discretion, refuse to accept an order, limit an order, or cancel an order or part of any order for any reason, including unavailability of Goods or if the Goods are listed at an incorrect price, or for any other reason whatsoever. We will use reasonable endeavours to notify you if this happens (and refund any amounts paid). We will not be liable to you or to anyone else if we are unable or decline to supply our Goods to you for any reason. To the maximum extent permitted by law, we will not be liable for any loss, damage, cost, or expense (whether direct or indirect) arising from such cancellation. Our liability in such cases is strictly limited to the refund of the amount paid for the cancelled order.

4.4. In the event of an incorrect Goods or price due to a technical error or another issue, we reserve the right to cancel any orders placed at the wrong price, with a full refund and notice to you.

4.5. If you cancel an order, you agree to pay any reasonable and direct costs we have incurred in fulfilling the order up to the date of cancellation. Cancellation of orders for Goods made to your specifications, or for non-stocklist items, will not be accepted once an order has been placed with our supplier.

4.6. We reserve the right, but are not obligated, to limit the sales of our Goods to any person, geographic region, or postal zone. We may exercise this right on a case-by-case basis and reserve the right to limit the Goods that we offer.

5. REFERRAL TO LOCAL DEALER

5.1. We may, at our discretion, direct you to a Local Dealer to complete your purchase or for service enquiries. Any resulting transaction will form a contract directly between you and the Local Dealer, governed by their terms and conditions. You acknowledge that Local Dealers are independent entities and are not our agents. We act solely as a referrer in such instances and are not a party to that contract, and we accept no liability whatsoever in relation to any goods or services supplied by the said Local Dealer.

6. TRADE-IN

6.1. You may offer a Trade-In Vehicle as partial payment for the Goods. The acceptance of any Trade-In Vehicle is at our sole discretion.

6.2. Any initial valuation provided is an estimate only and is conditional upon a physical inspection. The inspection may be carried out by us or by a Local Dealer nominated by us. You acknowledge that the Local Dealer acts solely as an inspector for this purpose and not as our agent in any other capacity. Following inspection, we will provide a final trade-in offer. We may revise or withdraw our offer if the inspection reveals that the Trade-In Vehicle is not in the condition you described or has issues not previously disclosed.

6.3. By offering the Trade-In Vehicle, you warrant that:

(a) you are the sole legal and beneficial owner of the Trade-In Vehicle;

(b) the Trade-In Vehicle is free from all security interests (including any security interest registered on the PPSR), liens, and other encumbrances, unless disclosed and dealt with under clause 6.5;

(d) the odometer reading (if applicable) is accurate.

You agree to indemnify us against any loss or damage we may suffer as a result of a breach of these warranties.

6.4. You are responsible for delivering the Trade-In Vehicle to a location we specify, at your cost and risk. The Trade-In Vehicle must be delivered in the same condition as at the time of our inspection, subject only to fair wear and tear. If its condition has materially deteriorated, we reserve the right to reduce the trade-in value or refuse to accept it.

6.5. The parties agree that property in, and risk for, the Trade-In Vehicle will pass from you to us only upon the completion of your purchase of the new Goods and our acceptance of delivery of the Trade-In Vehicle. This clause reflects the parties' intention regarding the transfer of property under the Contract and Commercial Law Act 2017.

6.6. You must declare any outstanding finance on the Trade-In Vehicle. We may agree to settle the outstanding finance directly with the finance provider, deducting this amount from the trade-in value. If the outstanding finance exceeds the trade-in value, you must pay us the difference in cleared funds before the transaction is completed.

6.7. We, our employees, or our nominated Local Dealer may test drive or carry out tests on any Trade-In Vehicle. We will not be liable for any damage caused to, or by, the Trade-In Vehicle during such tests unless it arises from our recklessness or wilful misconduct.

7. PAYMENT TERMS

7.1. We may require a deposit or payment in full from you prior to supplying you with the Goods. We may withhold any Goods or the provision of any Goods until the deposit, any outstanding payment, or full payment has been paid.

7.2. Payment for Goods shall be made by you in full and without any deduction, counterclaim, or set-off, on or before the due date specified on our invoice.

7.3. Should you fail to pay your invoices by the due date then you shall pay our costs and expenses (including legal costs on a solicitor and client basis) which may be incurred in the recovery or attempted recovery of overdue amounts from you.

7.4. Payments must be made immediately online through our accepted payment methods. Our accepted payment methods will be specified on our payment portal, invoice, or otherwise in writing, and may include direct debit, bank transfer, or credit/debit card. No payment method is deemed accepted unless expressly specified by us. Any alternative payment arrangement must be agreed in writing by us prior to the transaction.

7.5. If a credit card payment fails, we may cancel or withhold your order. By choosing credit card payment, you authorise us to charge your card. You agree you will not use any fraudulent payment methods.

7.6. We may, at our sole discretion, apply any payments received from you towards any invoice issued to you in any order we see fit.

7.7. We are under no obligation to supply Goods to you on credit. If we grant you credit, we may notify you at any time that we are ceasing to supply Goods to you on credit. This shall be without prejudice to your obligation to pay any outstanding amounts.

8. FINANCE

8.1. We may, at our sole discretion, facilitate an introduction to finance providers for the purchase of Goods. These providers may include:

(a) UDC Finance by UDC Finance Limited or any of its subsidiaries; and

(b) A finance company selected and engaged by an authorised Local Dealer.

(“the Lender”).

8.2. You acknowledge and agree that where finance is provided by a company engaged by a Local Dealer:

(a) Local Dealers are independent entities and do not act as our agents for the purpose of arranging or providing finance.

(b) We do not control or endorse the selection of any finance company by a Local Dealer.

(c) Any finance agreement you enter into is a separate contract between you and the finance provider. You are responsible for reviewing and understanding the terms and conditions of that agreement before proceeding.

(d) To the fullest extent permitted by law, we are not liable for any representations, acts, or omissions of the Local Dealer or their chosen finance company, nor for any loss or damage arising from your engagement with them.

8.3. All finance is subject to the Lender’s approval, a satisfactory credit assessment, and your acceptance of the separate Credit Contract terms.

8.4. To apply for finance, you must provide all information requested by us or the Lender. You authorise us and the Lender to conduct credit checks and to share your information with credit reporting agencies for the purpose of assessing your application.

8.5. If your application is approved, you will be required to enter into a separate Credit Contract with the Lender. These Terms of Trade must be read in conjunction with the Credit Contract.

8.6. You acknowledge that we do not have control over the outcome of the Lender’s assessment and you further acknowledge that under the Credit Contracts and Consumer Finance Act 2003, the Lender has a legal obligation to ensure it is likely you can make payments under a consumer credit contract without suffering substantial hardship.

9. GOODS DESCRIPTIONS

9.1. We endeavour to provide accurate descriptions, specifications, and images of Goods. However, we do not warrant that descriptions or other content are complete or error-free. Images are for illustrative purposes only and may differ from the actual Goods. You acknowledge that all descriptive specifications, illustrations, drawings, data, and dimensions stated in our fact sheets, price lists or advertising material, are approximate only and are given by way of identification. Any reliance on such information does not constitute a sale by description.

9.2. All representations or terms (including any conditions or warranties implied by law, trade, custom or otherwise) are excluded to the maximum extent permitted by law. The guarantees contained in the Consumer Guarantees Act 1993 (“CGA”) are statutorily excluded where you acquire the Goods for business purposes.

9.3. To the extent possible, we will pass on the benefit of any manufacturer's warranty that applies to the goods. These warranties are in addition to any rights you may have under the CGA, where applicable. Any claim under a manufacturer's warranty must be made in accordance with the manufacturer's specific terms and conditions.

9.4. If you purchase an extended warranty from us, that warranty is a separate agreement.

9.5. You are responsible for ensuring that the Goods ordered are suitable for your intended use. You acknowledge that in entering into this agreement, you have relied entirely on your own skill, enquiries, and investigations and not upon any representation made by or on behalf of us.

9.6. We reserve the right to substitute comparable Goods (or components of the Goods), and in all such cases we will notify you in advance of any such substitution.

10. USE OF GOODS AND RESTRICTIONS ON MODIFICATION

10.1. You agree to use the Goods strictly in accordance with the manufacturer’s operating manual, all safety instructions, and all applicable laws and regulations.

10.2. You agree that you will not, and will not permit any third party to, modify, alter, tamper with, disassemble, or make any addition to the Goods or any part thereof. This prohibition includes, but is not limited to:

(a) any modification to an engine, drivetrain, exhaust system, electronic control unit, or associated software;

(b) altering or removing any original safety features or structural components; and

(c) fitting any non-approved, non-genuine, or aftermarket parts that are not OEM (original equipment manufacturer) or equivalent, unless expressly authorised in the manufacturer's documentation or in writing by us.

10.3. You acknowledge that any unauthorised modification is undertaken at your own risk. In the event of an unauthorised modification:

(a) any and all warranties provided by us or the manufacturer will be immediately void;

(b) we shall have no liability for any fault, failure, loss, damage, or injury caused by or contributed to by the modification or the use of the modified goods; and

(c) the guarantees under the CGA may not apply. Specifically, Goods will not fail the guarantee of acceptable quality if they have been used in a manner inconsistent with how a reasonable consumer would expect, and the Goods would have complied with the guarantee had they not been used in that way.

11. RISK AND TITLE

11.1. Risk of loss or damage to the Goods passes to you on delivery. For the purposes of these Terms, delivery is deemed to occur at the earlier of the time the Goods are physically delivered to your specified address or when you take possession of the Goods. However, if you are not a "consumer" under the CGA, delivery occurs and risk passes to you when the Goods are dispatched from our premises. Title in the goods does not pass to you until we have received payment in full for the Goods and all other amounts you owe to us. You acknowledge that this clause creates a security interest in the Goods for the purposes of the PPSA, which we may register.

11.2. You give irrevocable authority to us, or our authorised representative, to enter any premises occupied by you, at any reasonable time, to remove any Goods not paid for in full by you. We will take reasonable care in doing so but, to the maximum extent permitted by law, we shall not be liable for costs, damages or expenses or any other losses incurred by you or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever. We may recover possession of any Goods in transit whether or not delivery has occurred.

11.3. You shall not charge or grant an encumbrance over the Goods nor grant or give away any interest in the Goods while they remain our property.

11.4. Where title passes to you pursuant to clause 11.1 of and you require us to store the Goods, and we agree to do so, the goods shall be stored at your risk and we reserve the right to charge you a reasonable fee for that storage and any insurance costs incurred.

11.5. Until we have received payment in full for the Goods, you must:

(a) keep the Goods in a good and secure condition and fully insured to their full replacement value against all risks; and

(b) hold the Goods as our bailee, storing them separately from your other property in a manner that enables them to be easily identified as Goods supplied by us.

11.6. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to you, we are entitled to receive all insurance proceeds payable for the Goods. The production of these Terms by us is sufficient evidence of our rights to receive the insurance proceeds without the need for any person dealing with us to make further enquiries.

11.7. If you sell, dispose of or part with possession of the Goods before title passes to you, then you must hold the proceeds of any such act on trust for us and must pay or deliver the proceeds to us on demand.

12. SHIPPING AND DELIVERY

12.1. Delivery times are estimates only and cannot be guaranteed. The time for delivery is not an essential term of our agreement.We shall not be liable for any loss or damage arising from any delay in delivery.

12.2. Delivery shall be at your cost unless specified otherwise.If we arrange freight for you, we do so as your agent and without any liability for the carrier’s performance.

12.3. You are responsible for ensuring there is suitable and safe access at the delivery address to allow for the delivery of large items. You must have the means to safely offload and receive the Goods. If we are unable to complete delivery for reasons outside our reasonable control, we reserve the right to charge you for any additional costs incurred, including storage and redelivery fees.

12.4. If you request us to deliver the Goods to an unattended location, then such Goods shall be left at your sole risk.

12.5. Where we fail to deliver or supply one or more instalments of Goods then you shall not have the right to repudiate the agreement and your rights shall be limited to a severable breach.

12.6. If you are unable to accept delivery of Goods, then we are entitled to charge a reasonable fee for redelivery and/or storage.

13. RETURNS AND REFUNDS

13.1. You must inspect all Goods on delivery. You will be deemed to have accepted the Goods as being in good condition and in accordance with your order unless you notify us of any defect, damage, or discrepancy in writing within 5 working days of delivery. If you are a “consumer” as defined in the CGA, then this clause does not limit your rights under the CGA.

13.2. Returns and refunds will be processed in accordance with our refunds policies: https://www.hondaoutdoors.co.nz/returns-policy, https://www.hondamarine.co.nz/returns-policy.Without limiting our returns policies, any return of Goods for reasons other than a defect is at our sole discretion and may be subject to a restocking fee, payable by you. Unless otherwise stipulated in an applicable Local Dealer agreement or other contract between us, this restocking fee will be:

(a) for wholegoods, 15% of the purchase price;

(b) for parts, $10.00 per invoice.

“Wholegoods” means complete, finished Honda products supplied for sale (including, without limitation, Honda Power Equipment units and Honda Marine engine/outboard units), and excludes parts, accessories, consumables, oils/fluids, and service items.

“Parts” means all components, replacement parts, fittings, attachments, controls, rigging components, propellers, implements, accessories, and ancillary items supplied for use with Honda products, and includes consumables and service items (such as oils/fluids, filters, blades, trimmer line, anodes and similar wear items), but excludes Wholegoods.

For the avoidance of doubt, non-stocklist items, second-hand Goods (unless defective), or Goods made to your specifications are under no circumstances acceptable for credit or return.

14. DEFAULT AND INTEREST

14.1. If you fail to make any payment by the due date, you will be in default. You will also be in default if:

(a) you breach any of your other obligations under these Terms;

(b) you become insolvent, are wound up, have a receiver appointed, commit an act of bankruptcy, or enter into any arrangement with your creditors;

(d) an event occurs which, in our opinion, may cause a material adverse change in your ability to meet your obligations to us.

14.2. Without prejudice to any other rights or remedies we may have, if you are in default, we may:

(a) suspend or terminate the supply of further Goods to you;

(b) cancel any discounts or rebates offered to you;

(c) require the immediate payment of all amounts you owe us, whether or not those amounts are otherwise due for payment; and/or

(d) terminate your account with us (if there is one) in our sole discretion.

14.3. If payment remains outstanding to us beyond the due date, we may charge interest on the overdue amount at our principal banker’s current commercial overdraft rate plus a margin of 5% per annum. Interest under this clause will be calculated daily from the due date until the date we receive payment in full, and is payable on demand.

14.4. For the avoidance of doubt, the interest rate specified in this clause 14.3 is the sole default interest payable to us under this agreement. This agreement does not govern, nor are we party to or liable for, any separate penalty interest, charges, or fees that you may agree to pay to a Local Dealer under any separate terms or agreement.

14.5. If payment remains outstanding and is referred for collection, you will be liable for, and must indemnify us for, all our reasonable costs incurred of and incidental to the enforcement or attempted enforcement of our rights, remedies and powers under these Terms, including but not limited to:

(a) debt collection agency fees;

(b) solicitor/client legal costs; and

14.6. Without prejudice to our other remedies at law we shall be entitled to cancel all or any part of any order of yours which remains unfulfilled and all amounts owing to us shall, whether or not due for payment, become immediately payable if:

(a) any money payable to us becomes overdue, or in our opinion you will be unable to make a payment when it falls due;

(b) you become insolvent, convene a meeting with your creditors, or make an assignment for the benefit of your creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any of your assets.

15. INSTALLATION

15.1. We are a supplier of Goods only. The Goods we sell may require assembly, pre-delivery inspection, and/or professional installation by a suitably qualified person. It is your sole responsibility to arrange for and bear the cost of such services.

15.2. We may refer you to a Local Dealer for installation or servicing, but any agreement for such services is strictly between you and the Local Dealer. To the maximum extent permitted by law, we exclude all liability for any loss or damage arising from assembly, installation, or servicing performed by any third party, including a Local Dealer.

16. LIMITATION OF LIABILITY

16.1. To the maximum extent permitted by law, we shall not be liable for any loss or damage of any kind whatsoever, whether suffered or incurred by you or another person, whether such loss or damage arises directly or indirectly from the supply of Goods to you, including consequential loss, and whether in contract or tort (including negligence) or otherwise.

16.2. We will not be liable to you for any loss or damage arising out of or in connection with any delay or failure to perform the terms of the contract of supply where the delay or failure is a result (directly or indirectly) of causes beyond our control (including any failure by any of our suppliers to supply on time).

16.3. No employee, agent of, or independent contractor engaged by us shall in any circumstances be under any liability of any kind to you for any loss or damage whether arising or resulting directly, indirectly or consequentially from an act, neglect or default on the part of such person while acting in the course of or in connection with his or her employment, agency or engagement and, without prejudice to the generality of the foregoing provision, every exemption, limitation, condition and right expressed or implied in these Terms on the part of or in favour of us shall extend to protect every such employee, agent or independent contractor.

16.4. You shall be liable for all loss or damage caused by the Goods being serviced, or operated by you incorrectly, or adapted by you for use other than for the Good’s intended purpose. You agree that we shall not be liable for any accident, loss, claim, failure of product or liability arising due to your inappropriate selection, or inappropriate maintenance, of the Goods.

16.5. If you are acquiring the Goods for the purposes of a “business” as defined in the CGA, you acknowledge that the provisions of the CGA do not apply. Similarly, if you are acquiring the Goods in “trade” as defined in the Fair Trading Act 1986 (“FTA”), you agree that it is fair and reasonable that sections 9, 12A, 13, and 14(1) of the FTA are contracted out of. You acknowledge and agree that you are acquiring the Goods for the purposes of a business, that the Goods are supplied and acquired in trade, and that it is fair and reasonable that the parties are bound by this clause.

16.6. Where any warranties, conditions, or obligations are implied by law and cannot be excluded, our liability shall, to the extent permitted by law, be limited at our option to one or more of the following:

(a) the replacement of the Goods or the supply of equivalent goods;

(b) the repair of the Goods; or

16.7. Notwithstanding any other provision in these Terms, our total aggregate liability to you for any claim or series of related claims arising out of or in connection with these Terms or the supply of any Goods, whether in contract, tort (including negligence), or otherwise, will be limited to the price paid by you for the specific Goods to which the claim relates.

17. INDEMNITY

17.1. You indemnify us against any and all claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including legal costs on a full indemnity basis) that we may incur or suffer arising directly or indirectly out of or in connection with:

(a) your breach of any of these Terms;

(b) your use, possession, or resale of the Goods; and

18. PERSONAL PROPERTY SECURITIES

18.1. Upon you agreeing to these Terms, you agree that:

(a) these terms and conditions constitute a security agreement for the purposes of the PPSA; and

(b) a security interest is taken in all Goods already supplied by us to you the Customer and all goods to be supplied in the future by us to you.

18.2. You grant us a purchase money security interest over the Goods supplied to you, and its proceeds.

18.3. This clause 18.3 applies to non-consumer Customers only. In addition to the security interest in clause 18.2, you grant us a security interest in all of your present and after-acquired property as security for the payment of the Goods and all other amounts you may owe to us from time to time

18.4. You agree to provide any further securities for your obligations under these Terms as we may from time to time require, in a form acceptable to us.

18.5. You undertake to:

(a) sign any documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register (“PPSR”);

(b) indemnify, and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any Goods charged thereby, and against any cost we incur in exercising any of our rights under Part 9 of the PPSA;

(d) immediately advise us of any material change in your business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.

18.6. We both agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to this agreement.

18.7. You waive your rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

18.8. You waive your right to receive a verification statement in accordance with section 148 of the PPSA.

19. UNPAID SELLER’S RIGHTS AND LIEN

19.1. Where you have left any item with us for pre-delivery inspection, storage, or for us to perform any other service and we have not been paid the whole of any monies owing to us by you, we shall have, until all monies owing to us are paid:

(a) a lien on the item; and

(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

20. CHANGES TO THESE TERMS

20.1. These Terms may be updated by us from time to time by posting the new Terms on our website. The new Terms will apply to all orders placed after the date of posting. You should read these Terms whenever you make a new order. Your continued use of the site after any changes constitutes acceptance of the new Terms.

21. PRIVACY

21.1. We collect, use, and disclose your personal information in accordance with our Privacy Policy and the Privacy Act 2020. By providing your personal information, you authorise us to use it for purposes connected with our business, including processing your order, administration, market research, enforcing our rights, and marketing our Goods and services to you.

21.2. You agree that we may share your personal information with our related companies, agents (including credit reference and debt collection agencies), and authorised Local Dealers. The purposes for which we may share your information with a Local Dealer include:

(a) fulfilling your order and arranging delivery;

(b) facilitating warranty claims and providing service or repair support; and

(c) allowing your Local Dealer to contact you with information about their own products, services, events, and other marketing communications. If you wish to opt out of these communications and an option is not readily accessible through the marketing materials, please contact your Local Dealer directly or contact us, and we will coordinate with the Local Dealer on your behalf to process your request.

21.3. You understand that your information and content (not including credit card information), may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

21.4. Our privacy policies can be found here: https://www.hondamarine.co.nz/disclaimer-and-privacy-policy, https://www.hondaoutdoors.co.nz/disclaimer-and-privacy-policy

22. SPECIAL OFFERS AND PROMOTIONS

22.1. From time to time, we may present special offers, discounts, or promotions (“Promotions”) on our website or in other marketing materials. All Promotions are subject to the specific terms and conditions accompanying them, are valid for a limited time only, and are subject to availability.

22.2. We do not guarantee the availability of any Goods advertised in a Promotion and reserve the right to withdraw or amend a Promotion at any time without notice. We will not be liable for any Goods that are unavailable for any reason.

23. WEBSITE

23.1. You agree to not interfere with our website and will not interfere or use any material or content displayed on our website and will comply with the terms of use of our website which can be found here https://www.hondaoutdoors.co.nz/terms-and-conditions, https://www.hondamarine.co.nz/terms-and-conditions

24. USER ACCOUNTS AND SUBMISSIONS

24.1. We reserve the right to refuse service to anyone for any reason at any time. We further reserve the right to terminate customer accounts, and remove or edit content at our sole discretion.

24.2. If you send creative ideas, suggestions, feedback, reviews, or other materials, whether online, by email, or otherwise (collectively, ‘submissions’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any submissions that you forward to us. We are under no obligation to:

(a) to maintain any submissions in confidence;

(b) to pay compensation for any submissions; or

24.3. You agree that your submissions will not violate any right of any third-party, including copyright, trademark, or privacy rights. You further agree that your submissions will not contain unlawful, abusive, or obscene material, or contain any computer virus or other malware. You are solely responsible for any submissions you make and their accuracy. We take no responsibility and assume no liability for any submissions posted by you or any third-party.

25. INTELLECTUAL PROPERTY

25.1. All intellectual property rights in Goods and services provided by us to you are our property (or the property of our supplier) and you will not infringe on those rights. All drawings, specifications, reports, plans, correspondences, sketches, and computations, prepared or made by or for us for any person in connection with this agreement for supply of Goods and services shall remain our property and confidential between you and us and must not be disclosed, loaned, or copied without our prior consent.

25.2. If any Goods are supplied to your design or specification, you warrant that the manufacture and supply of such Goods by us will not infringe any third party's intellectual property rights. You indemnify us against any loss, liability, costs, and expenses in the event of any claim being made that the manufacture or supply of such Goods infringes any patent, copyright, or other rights of any other person.

25.3. You must not remove, alter, or deface any of our trademarks, logos, or similar proprietary marks from the Goods.

26. CONFIDENTIALITY

26.1. You shall at all times treat as confidential all non-public information and material received from us (including our pricing and any new intellectual property) and shall not publish, release, or disclose the same without our prior written consent.

27. SAFETY AND USE OF GOODS

27.1. You acknowledge that the Goods can be dangerous if used improperly. You are responsible for ensuring that all users of the Goods are appropriately trained, supervised, and comply with all applicable safety guidelines, manufacturer's instructions, and legal requirements.

27.2. To the maximum extent permitted by law, we are not liable for any loss, damage, or injury arising from the unsafe or improper use, modification, or maintenance of the Goods.

28. DISPUTE RESOLUTION

28.1. If any dispute arises between the parties in connection with these Terms, we must each first use our respective best endeavours to resolve the dispute by good faith negotiation.

28.2. If the dispute is not resolved by negotiation within 14 days, either party may refer the dispute to mediation by a mediator agreed upon by the parties, or failing agreement, a mediator appointed by the President of the New Zealand Law Society. However, nothing in this clause prevents either party from taking immediate steps to seek urgent interlocutory or equitable relief from a New Zealand Court.

29. NOTICES

29.1. Any notice to be given under these Terms must be in writing. Notice may be delivered personally, sent by pre-paid post, or by email to the addresses last notified by the parties.

29.2. A notice will be deemed to be received:

(a) if delivered personally, at the time of delivery;

(b) if sent by post, on the third working day after posting;

(c) if sent by email, at the time the email is sent, provided no "undeliverable" or "out of office" notification is received.

29.3. Change in control: You shall give us not less than fourteen (14) days prior written notice of any proposed change of ownership of your entity and/or any other change in your details (including but not limited to, changes in your name or address). You shall be liable for any loss incurred by us as a result of your failure to comply with this clause.

30. GENERAL

30.1. The law of New Zealand shall apply to these Terms and the parties submit to the exclusive jurisdiction of the New Zealand Courts.

30.2. These Terms are binding on your legal representatives and successors.

30.3. If any provision of these Terms is invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected.

30.4. Failure by us to enforce any rights shall not be deemed to be a waiver of any of the rights or obligations we have under these Terms.No waiver of any breach of these Terms will be deemed a waiver of any other or subsequent breach.

30.5. These Terms, together with any order confirmation and any Credit Contract (if applicable), constitute the entire agreement between you and us in relation to your purchase. They supersede all prior agreements, communications, and representations, whether oral or written. You acknowledge that you have not relied on any statement, promise, or representation made by or on behalf of us which is not set out in these Terms.

30.6. We shall not be liable for delay or failure to perform our obligations if the cause of the delay or failure is beyond our control, including due to any act of God, war, Government action, pandemic, epidemic, terrorism, strike, lock-out industrial action, fire, flood, storm, supply chain disruption, labour dispute, or other event beyond our control.

30.7. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign, license, or sub-contract all or any part of our rights and obligations under these Terms without your consent.

30.8. The rule of construction known as the contra proferentem rule does not apply to these Terms.

Terms of Trade for Power and Marine

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