(a) General Terms of Trade
- The Hutt City Council ('we') may vary these terms and conditions in whole or part from time to time. If we do, the varied terms and conditions will be incorporated into our agreement with you relating to any order you place for goods or services using this online service from the date the modified terms and conditions are displayed on our website.
- We have made all reasonable efforts in providing this online ordering service. However, we do not guarantee that our website or services on or through it will be error-free, uninterrupted, continuously available, or free from viruses or malicious programmes. You agree that you use our website at your own risk.
- We will make all reasonable efforts to fulfil orders for goods or services placed using our website and accepted by us, but we do not guarantee that the goods or services specified on our website will always be in stock or available. We will advise you as soon as possible if any order cannot be filled and will refund to you any money paid to us for that order. We may request additional information regarding any order that you have placed with us in order to process the order and deliver the goods or supply the services. You agree to supply such information to us on request.
- We will make all reasonable efforts to ensure that the descriptions of goods and services and prices shown on our website are accurate and up-to-date. However, we reserve the right to adjust the actual price charged if the prices shown are incorrect, and to vary our prices and product descriptions at any time and without notice, subject to the requirements of Section 150 of the Local Government Act 2002, which provides that certain fees must be prescribed in bylaws or using the special consultative procedure set out in the Act. All charges specified include New Zealand Goods and Services Tax.
- Title to all goods supplied to you will be retained by us until we receive payment in full for those goods. All risk of loss of, or damage to, the goods passes to you on delivery of the goods to you.
- We will deliver the goods or supply the services to an address specified by you within New Zealand in accordance with our Delivery Terms in respect of the good or service you have ordered which are displayed on this website. We do not charge for delivery within New Zealand. If the delivery address specified by you is outside New Zealand, we will charge all packaging and postage costs to you. Subject to any legislative requirement to deliver certain goods or services within a specified time as set out in the Delivery Terms in respect of the goods or services you have ordered, any time for delivery of goods or supply of services quoted by us shall be approximate only and we will not be liable to you for failure to supply the goods or services by or at such time on any grounds whatsoever, including (but without limitation) negligence by us or where caused by circumstances beyond our reasonable control.
- Payment for all goods and services ordered using the Hutt City Council's online service must be in New Zealand dollars only. If you are using an electronic means of payment (including, without limitation, any debit or credit card, to process the transaction, you must only use such means of payment that you are authorised to use.
- Only those goods or services identified as available for export in the applicable 'Description of Goods' or 'Description of Services' statement will be available for international sale. The customer will incur any and all delivery costs for such goods or services.
- To the extent permissible by law, all guarantees, conditions, warranties, descriptions, representations, and conditions as to fitness or suitability for purpose, tolerance of any conditions, merchantability or otherwise (whether of a like nature or not), and whether express or implied by law, trade custom or otherwise, are expressly excluded and do not apply to this website, the online ordering service, or any goods or services ordered using this online service.
- You warrant that you are 18 years old or over and have the full legal capacity to agree to and enter into these terms and conditions as a binding legal contract. You also warrant that any details you provide on our order form and through this website are true and correct. You agree to indemnify us for any consequences resulting from incorrect information provided by you on our order form or website.
- You agree that where you acquire goods or services from us for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 do not apply to the supply by us of those goods or services.
- Where the Consumer Guarantees Act 1993 applies, to the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited, at our option to:
in each case in accordance with our Refund and Returns Terms in respect of the good or service you have ordered posted on this website.
- In the case of services, the supply of the services again or the payment of the cost of having such services supplied again; or
- In the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired,
- Apart from the options set out in clause 12 above, we have no liability to you for any loss or damage (either direct, indirect or consequential, including (without limitation) any loss of profit, loss of saving or loss of revenue) suffered by you or any other person as a result of using this online service or any failure or delay in providing this service or the goods or services ordered.
- Despite anything in clause 13 or elsewhere in these terms and conditions, to the extent permissible by law, our liability, whether in contract, pursuant to cancellation of these terms and conditions or any order made using this website, in tort (including negligence), or in any other way, concerning all claims for loss, damage or injury which arise directly or indirectly from our dealings or contract with you, shall not in aggregate exceed the price paid or payable by you for the goods or services in relation to which the loss, damage or injury arose.
- In addition to the indemnity contained in clause 10, you agree to indemnify us for all reasonably foreseeable costs (including settlement and legal fees), damages, losses or expenses that we may incur, suffer or become liable for as a result of:
- Your breach of these terms and conditions applying to the provision of the goods or services to you (including our General Terms of Trade);
Your intentional misuse of this website;
Your negligent acts, error or omissions; or
Any claim, suit, action or proceeding brought by a third party against us as a result of the matters set out in paragraphs a-c.
- Nothing in clause 15 limits any rights or remedies we may have under statute or under the general law.
- Waiver or variation of these terms and conditions by us will only be effective if given in writing by an authorised person and expressed as a waiver by us. If we waive any of these terms and conditions, the waiver will not constitute a waiver of any other terms and conditions.
- If a dispute arises relating to any order placed by you and/or these terms and conditions, the parties will try to settle the dispute by discussion before resorting to mediation, litigation or arbitration. Any party may initiate mediation by giving written notice to the other. The mediator should be agreed upon by the parties, but if the parties cannot agree on one within seven working days after the mediation has been initiated, then the mediator shall be appointed by the chairperson of LEADR New Zealand Incorporated or their nominee.
- These terms and conditions are governed by and shall be construed in accordance with New Zealand law. You unconditionally submit to the exclusive jurisdiction of the New Zealand courts.
(b) Delivery Terms
- In accordance with the Local Government Official Information and Meetings Act 1987 (section 44A), we will issue a Land Information Memorandum (LIM) to you within 10 working days of receipt of your application.
- Occasionally we may need to withdraw the fast track service if we receive a lot of applications. You will be notified of this during the application process. Fast track (5 working days) is only available for residential LIMs.
(c) Description of Service
We will issue to you a LIM which contains the following:
- Information identifying each (if any) special feature or characteristic of the land concerned, including but not limited to potential erosion, avulsion, falling debris, subsidence, slippage, alluvion, or inundation, or likely presence of hazardous contaminants, being a feature or characteristic that-
- Is known to us; but
- Is not apparent from the district scheme under the Town and Country Planning Act 1977 or a district plan under the Resource Management Act 1991;
- Information on private and public stormwater and sewerage drains as shown in our records;
- Any information that has been notified to us by a drinking-water supplier under section 69ZH of the Health Act 1956;
- Information on:
- whether the land is supplied with drinking water and if so, whether the supplier is the owner of the land or a networked supplier;
- if the land is supplied with drinking water by a networked supplier, any conditions that are applicable to that supply; and
- if the land is supplied with water by the owner of the land, any information we have about the supply;
- Information relating to any rates owing in relation to the land;
- Information concerning any consent, certificate, notice, order, or requisition affecting the land or any building on the land previously issued by us (whether under the Building Act 1991, the Building Act 2004, or any other Act);
- The information required to be provided to us under section 362T(2) of the Building Act 2004;
- Information concerning any certificate issued by a building certifier pursuant to the Building Act 1991 or the Building Act 2004;
- Information notified to us under section 124 of the Weathertight Homes Resolution Services Act 2006;
- Information relating to the use to which that land may be put and conditions attached to that use;
- Information which, in terms of any other Act, has been notified to us by any statutory organisation having the power to classify land or buildings for any purpose;
- Any information which has been notified to the territorial authority by any network utility operator pursuant to the Building Act 1991 or the Building Act 2004; and
- Such other information concerning the land as we consider to be relevant.
This LIM does not include other information:
- Held by us that is not required to be included.
- Relating to the land which is unknown to us.
- Held by other organisations which also hold land information.
We have not carried out an inspection of the land and/or buildings for the purpose of preparing the LIM.
Our records may not show illegal or unauthorised building or works on the land.
You are solely responsible for ensuring that the land or any building on the land is suitable for a particular purpose and for sourcing other information held by us or other bodies.
In addition, you should check the Certificate of Title as it might also contain obligations relating to the land.
The LIM is valid as at the date of issue only.
(d) Refund and Return Terms
- Please see the information on Cancelling your LIM for Refund Terms.
- Subject to clause 12 of the General Terms of Trade, once the LIM is completed you will not be entitled to any refund.