Terms And Conditions
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Terms and Conditions Effective as of December 2017 (Revised)
These terms and conditions apply to the use of this website and in accessing, using, or browsing this website and/or purchasing goods and/or services from this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using this website.
For the purposes of these terms and conditions, "this website" shall mean www.chemmate.co.nz
Any reference to "Chemmate", "Chem Mate", "we", "our" or "us" in these terms and conditions shall mean Chemmate Limited.
1. AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to review and amend these terms and conditions and our disclaimer from time to time. Amendments will be effective immediately and Chemmate has no obligation to notify you of such amendments. We recommend that you check this page for amendments each time you revisit this website. Your continued use of this website will represent an agreement by you to be bound by the terms and conditions as amended.
2. SPECIFIC WARNINGS
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Chemmate does not accept responsibility or liability for any interference or damage to your computer system which arises in connection with your use of this website or any linked website.
All information provided by this website is intended to be general in nature and you should not rely on it in connection with the making of any decision. While we have no reason to believe that any information contained on this website is inaccurate, incomplete or misleading, we do not warrant the accuracy, adequacy or completeness of such information. Chemmate does not accept any responsibility or liability for any loss or damage suffered as a result of reliance by you upon the accuracy, completeness or currency of information contained on this website.
3. PRODUCT USE, LIABILITY, AND INDEMNITY
IMPORTANT: This section limits Chemmate's liability. Please read it carefully before purchasing.
3.1 Assumption of Risk and Responsibility
All products sold by Chemmate are chemical products intended for use by competent persons who have read, understood, and will comply with all relevant product labels, Safety Data Sheets (SDS), manufacturer guidelines, and applicable New Zealand laws and regulations, including but not limited to the Hazardous Substances and New Organisms Act 1996 (HSNO), the Health and Safety at Work Act 2015, and the Resource Management Act 1991.
By purchasing any product from Chemmate, you acknowledge and agree that:
(a) You are solely responsible for determining the suitability of any product for your intended purpose; (b) You have read and understood all product labels, Safety Data Sheets, and usage instructions prior to use; (c) You will use all products strictly in accordance with label directions, applicable laws, and safe handling practices; (d) You will not use any product for any purpose other than its intended and labelled use. Any off-label use is entirely at your own risk and Chemmate accepts no liability whatsoever for any consequences arising from such use; (e) You are solely responsible for ensuring all persons handling or exposed to the products are adequately trained, informed, equipped with appropriate personal protective equipment (PPE), and supervised as required; (f) You are solely responsible for ensuring correct dilution, mixing, and application rates. Chemmate accepts no liability for damage, injury, or ineffectiveness arising from incorrect dilution or mixing of products; (g) You are solely responsible for the suitability, calibration, and condition of any application equipment used with our products. Chemmate accepts no liability for damage caused by the purchaser's equipment; (h) You are solely responsible for compliance with all relevant environmental, health and safety, and hazardous substances legislation in New Zealand or any other jurisdiction in which the products are used; (i) You are solely responsible for observing all label withholding periods, re-entry intervals, buffer zones, and application restrictions; (j) You are solely responsible for the proper storage, transport, and disposal of all products and containers in accordance with label directions and applicable laws.
3.2 Exclusion of Liability — Personal Injury
To the maximum extent permitted by law, Chemmate, its directors, employees, agents, and suppliers expressly exclude all liability for any personal injury, illness, death, or harm of any kind arising from or in connection with:
(a) The use, misuse, or improper handling of any product purchased from Chemmate; (b) Failure to follow product labels, Safety Data Sheets, or instructions provided; (c) Exposure to products by any person, including the purchaser, employees, contractors, bystanders, or members of the public; (d) Off-label or non-intended use of any product; (e) Incorrect dilution, mixing, or application of any product; (f) Inadequate use of personal protective equipment or safety measures; (g) Any act or omission of the purchaser or any third party in connection with the use of the products.
You agree to indemnify and hold harmless Chemmate, its directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including legal fees) arising from personal injury or harm caused by your use or misuse of any product purchased from us.
3.3 Exclusion of Liability — Environmental Damage
To the maximum extent permitted by law, Chemmate expressly excludes all liability for any environmental damage, contamination, ecological harm, or breach of environmental law arising from or in connection with:
(a) The application, disposal, storage, or transport of any product purchased from Chemmate; (b) Runoff, leaching, drift, spill, or any unintended release of products into soil, waterways, air, or any ecosystem; (c) Failure to comply with label directions, withholding periods, buffer zones, or any applicable environmental regulations; (d) Failure to obtain required HSNO approvals, test certificates, or licences before use; (e) Any act or omission of the purchaser or any third party in connection with the use of the products.
You are solely responsible for ensuring all products are used, stored, transported, and disposed of in full compliance with the Resource Management Act 1991, the HSNO Act, local council bylaws, and any other applicable environmental legislation. You agree to indemnify and hold harmless Chemmate from any costs, fines, penalties, remediation expenses, or claims arising from environmental damage caused by your use of any product purchased from us.
3.4 Exclusion of Liability — Property Damage
To the maximum extent permitted by law, Chemmate excludes all liability for any damage to property, surfaces, materials, vehicles, plants, landscaping, or any other assets arising from the use or misuse of products purchased from Chemmate. You are solely responsible for assessing the suitability of any product for use on or near any surface or material, and for conducting appropriate compatibility testing prior to full application.
3.5 Exclusion of Consequential Loss
To the maximum extent permitted by law, Chemmate expressly excludes all liability for any indirect, consequential, special, or economic loss arising from or in connection with the purchase or use of any product, including but not limited to:
(a) Loss of income, revenue, or profit; (b) Loss of contract or business opportunity; (c) Business interruption; (d) Loss of goodwill or reputation; (e) Costs arising from claims made against you by your own clients or customers as a result of using our products.
3.6 Third-Party Claims
If any third party (including your clients, customers, employees, or contractors) makes a claim against Chemmate arising from or in connection with your use of any product purchased from us, you agree to indemnify Chemmate against all such claims, costs, damages, and expenses. You acknowledge that Chemmate has no contractual relationship with such third parties and that all responsibility for the use of products on or near third-party property or persons rests solely with you.
3.7 Resale of Products
If you purchase products from Chemmate for the purpose of resale or on-supply to a third party, you accept full responsibility for:
(a) Ensuring the end user receives all relevant product labels, Safety Data Sheets, and usage instructions; (b) Ensuring the end user is adequately informed of the risks, safe handling requirements, and legal obligations associated with the product; (c) Any claim, damage, loss, injury, or environmental harm arising from the end user's use of the product.
You agree to indemnify Chemmate against any and all claims arising from the resale or on-supply of our products. Chemmate accepts no liability to any end user purchasing products through you.
3.8 Contractor and Professional Applicator Clause
If you are a professional applicator, contractor, or tradesperson purchasing products for use in the course of your business, you confirm that:
(a) You hold any licences, certificates, or approvals required under New Zealand law to handle and apply the products purchased; (b) You carry adequate public liability and professional indemnity insurance to cover claims arising from your use of the products; (c) You will indemnify Chemmate against any claim brought against Chemmate by your clients or any third party arising from your use of the products.
3.9 General Advice Disclaimer
Any advice, recommendations, or guidance provided by Chemmate staff, whether in person, by telephone, by email, on this website, or through any other means, is general in nature only. Such advice does not constitute a professional recommendation and does not take into account the specific circumstances of your application, site, or intended use. Chemmate accepts no liability for any loss, damage, injury, or harm arising from reliance on any such advice.
You are solely responsible for determining the suitability of any product for your specific purpose and application conditions.
3.10 Samples and Trial Products
Where Chemmate provides free samples or trial quantities of any product, the same exclusions of liability set out in this section apply in full. By accepting a sample, you agree that Chemmate has no liability for any injury, property damage, environmental harm, or consequential loss arising from its use.
3.11 HSNO Compliance
You are solely responsible for obtaining any required HSNO approvals, test certificates, import approvals, location compliance certificates, or licences required before purchasing, possessing, storing, or using any product. Chemmate accepts no liability for any fines, penalties, or consequences arising from your failure to obtain required approvals or comply with HSNO obligations.
3.12 General Limitation of Liability
To the extent permitted by law, Chemmate's total liability to you for any claim arising out of or in connection with the purchase or use of any product shall not exceed the purchase price paid by you for the specific product giving rise to the claim.
Nothing in these terms and conditions is intended to limit or exclude any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded by law. However, where you are purchasing goods for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of those goods, to the extent permitted by section 2(2) of that Act.
4. RESTRICTED USE
You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from this website without our permission.
5. INTELLECTUAL PROPERTY RIGHTS
Copyright of all text, graphics, logos and designs used in this website is owned or licensed by Chemmate. You may access and print material from this website provided it is used for your personal use and not for any commercial purpose. Any reproduction of information on this website must include an acknowledgement of Chemmate's intellectual property rights in the relevant context.
Any word or device to which is attached the ® or TM symbol is a registered trademark. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us.
You must not use any of our trademarks:
(a) In or as the whole or part of your own trademarks; (b) In connection with activities, products or services which are not ours; (c) In a manner which may be confusing, misleading or deceptive; or (d) In a manner that disparages us or our information, products or services (including this website).
6. LINKED WEBSITES
This website contains links to external websites. Chemmate will not be responsible or liable for the content or privacy practices associated with any linked websites. Any link to a website is provided to help you find sites containing information, products or services which may be of interest to you. No link shall be construed as an endorsement or recommendation by Chemmate of those linked websites or their content.
7. FORCE MAJEURE
Chemmate shall not be liable for any failure or delay in performing its obligations under these terms and conditions where such failure or delay results from any cause beyond Chemmate's reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, civil unrest, government action, supply chain disruption, or failure of third-party service providers. In such circumstances, Chemmate will notify you as soon as reasonably practicable and will endeavour to fulfil your order when circumstances allow.
8. GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions are governed by and construed in accordance with the laws of New Zealand. You agree that any dispute arising out of or in connection with these terms and conditions, or the purchase or use of any product from Chemmate, shall be subject to the exclusive jurisdiction of the New Zealand courts.
If you are purchasing from outside New Zealand, you are responsible for compliance with all laws applicable in your jurisdiction. Chemmate makes no representation that its products are appropriate or lawfully available for use outside New Zealand.
9. SEVERABILITY
If any provision of these terms and conditions is found to be invalid, unlawful, or unenforceable by any court of competent jurisdiction, that provision shall be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
10. DELIVERY POLICY
While we offer free standard shipping on eligible orders, additional charges may apply where shipping costs are significantly higher than usual due to remote delivery locations, oversized items, or special handling requirements. The customer will be notified in advance of any additional fees before the order is processed.
10.1 Custom Freight Charges
Certain orders may be subject to custom freight charges in addition to, or in place of, standard shipping rates. Custom freight charges may apply where one or more of the following conditions exist:
(a) The order contains products classified as dangerous goods (DG) under New Zealand transport regulations, which attract carrier surcharges for hazardous materials handling; (b) The order is of significant weight or volume requiring pallet freight, tail-lift delivery, or other non-standard courier services; (c) UN-rated or specialised packaging is required to comply with dangerous goods transport regulations, the cost of which will be passed on to the customer; (d) Delivery is required to a remote, rural, or difficult-access location where standard courier rates do not apply; (e) Same-day, urgent, or point-to-point delivery is requested; (f) The order requires delivery to multiple addresses.
Where custom freight charges apply, Chemmate will contact you prior to dispatch to advise the applicable freight cost and obtain your approval before processing. If approval is not received within two business days, Chemmate reserves the right to cancel the order and issue a full refund.
Chemmate reserves the right to select the freight carrier for all orders. We accept no liability for delays, loss, or damage caused by the freight carrier once goods have been dispatched. Risk in the goods passes to you upon handover to the freight carrier.
Rural deliveries can take up to 5–6 additional days beyond standard delivery times, depending on area.
We are also able to arrange same-day and urgent point-to-point delivery upon request. If you require delivery to different addresses, please make separate orders for each delivery address, or phone 0800 CHEM MATE to order with our customer services team.
All prices are quoted in New Zealand dollars.
A signature is required on delivery (or instructions where goods may be delivered safely). Chemmate does not accept responsibility for any goods not signed for on delivery. We regret we cannot accept PO Boxes as a delivery address. Work addresses are fine — please state delivery hours and all necessary information such as building number, level, or office name.
For orders to more than one destination, a freight charge will apply per delivery address. We will advise total freight charges on confirmation of your order.
If a product is out of stock, Chemmate will replace it with a similar item of equal or greater value. We will endeavour to contact you before dispatch; however, to keep within our shipping timeframes, if no response is received we will process the order.
Our goal is to process all orders within 24 hours of receipt. Orders are processed and shipped during regular business hours (Monday to Friday, 8:00am – 5:00pm, excluding public holidays). North Island orders are generally delivered within 1–2 days; South Island orders within 2–4 days. Rural deliveries may take up to 5–6 days.
If you have not received your parcel within 4 days (6 days rural), please contact us.
We do not freight products internationally at this time.
11. WEBSITE PRIVACY POLICY
All information collected through or in connection with this website is controlled, stored and held by Chemmate in accordance with the Privacy Act 2020.
We may collect contact information about visitors to this website. This information may be used to:
(a) Send you news, information about our activities and general promotional material which we believe may be useful to you; (b) Respond to queries or requests, or process orders or applications submitted by you; (c) Monitor who is accessing this website or using the services offered on this website; and (d) Profile the type of people accessing this website.
If you do not wish to have your personal information used in this manner, please email mate@chemmate.co.nz to advise us.
We will not sell or otherwise disclose your personal information to a third party for any purpose which is not incidental to your use of this website. We will preserve the content of any email you send us if we believe we have a legal requirement to do so.
You are entitled to access, edit, or request deletion of any personal information relating to you which you have previously supplied to us, unless we are required by law to retain it. Contact mate@chemmate.co.nz to make such a request.
12. POLICY FOR ONLINE PURCHASE OF GOODS AND/OR SERVICES
If you intend to purchase goods and/or services through this website, you must confirm your acceptance of these website terms and conditions before we will process your order. You cannot purchase goods and/or services through this website unless you are capable of making legally binding contracts.
12.1 Ordering Procedure
You may offer to purchase goods described on this website for the price specified by completing the online order form. Your order must contain your name, email address, credit card details and any other information requested.
Once your order has been processed you will receive an automated response confirming your details and the goods ordered. A printed GST invoice will be sent to you.
Dispatch of the goods from Chemmate will constitute our acceptance of your offer to purchase those goods.
12.2 Payment
We will only accept credit card payment for orders placed through this website. "Chemmate Ltd" will appear on cardholder statements for payments made via the Braintree payment gateway.
You will be liable for all orders placed using your credit card details and agree to indemnify Chemmate against any losses, claims or damages arising from the use or misuse of your credit card details by any other person.
Prices are inclusive of GST and all applicable New Zealand duties and levies. Prices are exclusive of any overseas taxes or charges and are also exclusive of postage and packaging charges.
Ownership and title in goods does not pass to you until we have received payment in full.
We reserve the right to increase or decrease prices without prior notice at any time.
13. RETURN POLICY
Due to the nature of our goods (semi-perishable, usable chemical products), they are not returnable unless we made an error in your order, a shipping error occurred, or goods arrived damaged. In that case, please email mate@chemmate.co.nz within three days of receiving your order and we will arrange an exchange.
14. NEW ZEALAND CONSUMER LEGISLATION
14.1 Consumer Guarantees Act 1993
The Consumer Guarantees Act sets out minimum standards for goods sold in New Zealand. In the event that goods sold are not of acceptable quality or are faulty, the customer has the right to a replacement or refund, subject to the terms of that Act. Where you are purchasing goods for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by section 2(2) of that Act.
14.2 Fair Trading Act 1986
The Fair Trading Act is designed to protect customers from being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including pricing, product origin, safety standards, availability, and sales techniques. The Commerce Commission enforces the Fair Trading Act 1986.
Questions about these terms? Contact us at mate@chemmate.co.nz