Terms of service
1. Application of These Conditions
These Conditions of Trade apply to all sales of goods and services by Dangerous Goods Solutions Ltd to Customers in New Zealand unless otherwise agreed in writing.
This Agreement is governed by New Zealand law and operates subject to the Consumer Guarantees Act 1993 (CGA) and the Fair Trading Act 1986 (FTA).
2. Price and Payment
Prices: All prices are quoted in New Zealand Dollars (NZD) and are exclusive of GST, unless otherwise stated.
Payment Terms: Payment for goods and services must be made in full before delivery, unless an approved credit account has been established.
Payment terms may be 7, 14, or 30 days as agreed in writing. Accepted payment methods include bank transfer and credit card.
Late Payment: Overdue accounts may incur interest at 2 % per month until payment is received in full. We reserve the right to suspend further supply until payment is made.
3. Orders and Acceptance
Order Confirmation: An order is accepted once we confirm it in writing or process it for shipment.
Changes and Cancellations: Orders may be amended or cancelled within 24 hours of placement, provided processing has not yet commenced. Once packed or shipped, orders cannot be altered or cancelled without our written consent.
4. Delivery and Shipping
Delivery Times: All delivery times are estimates only and are not guaranteed. We typically use NZ Post or other third-party carriers for domestic and international shipments.
We are not responsible for delays or losses caused by third-party carriers, customs clearance, weather, or other factors beyond our control.
Shipping Costs: The Customer is responsible for all freight, packaging, and insurance costs unless otherwise agreed in writing.
5. Transit Risk and Carrier Delays
Once goods are collected by or consigned to a third-party carrier (including but not limited to NZ Post, FedEx, DHL, Toll, or any courier nominated by the Customer), all risk transfers to the Customer.
Dangerous Goods Solutions Ltd acts solely as the Customer’s agent in arranging delivery. We are not liable for any loss, damage, spoilage, or delay occurring while goods are in transit, including (without limitation):
Carrier delays or missed delivery windows;
Temperature fluctuations or environmental exposure;
Sublimation or melting of dry ice, gel packs, or other refrigerants; or
Damage or loss caused by courier mishandling or carrier error.
Any claim relating to carrier delay or transit damage must be made directly to the carrier. We recommend the Customer obtains suitable freight insurance for high-value or temperature-sensitive consignments.
6. Consumer Guarantees Act 1993 (CGA)
We comply with the CGA, guaranteeing that goods supplied will:
Be of acceptable quality;
Match their description or sample; and
Be fit for their ordinary purpose.
Where a product fails to meet these guarantees, you are entitled to a repair, replacement, or refund in accordance with the Act.
7. Fair Trading Act 1986 (FTA)
We adhere to the FTA, ensuring that no misleading or deceptive conduct or false representations are made about our products or services.
If you believe a product or service does not meet these standards, please contact us promptly.
8. Returns and Refunds
Faulty or Damaged Goods: If goods are faulty, damaged, or not as described, notify us within 7 days of receipt with supporting evidence. Remedies will be provided as required under the CGA.
Change of Mind: We do not accept returns for change-of-mind purchases. Please confirm your order details carefully before purchase.
Return Procedure: Returns must be pre-approved and sent in original packaging and resaleable condition. We will provide instructions upon acceptance of a return.
9. Risk and Title
Risk: Risk passes to the Customer upon delivery to the carrier or collection by the Customer.
Title: Ownership of goods remains with Dangerous Goods Solutions Ltd until full payment has been received.
If payment is not made as agreed, we reserve the right to reclaim the goods.
10. Warranties and Liability
Warranties: We provide no additional warranties beyond those required by New Zealand law.
Limitation of Liability:
To the maximum extent permitted by law, our liability is limited to the replacement, repair, or refund of the affected goods or services.
We are not liable for indirect, consequential, or financial loss, including (but not limited to) loss of profits, data, or business opportunities.
Consulting and Certification Services: Our professional advice and certification services are provided in good faith and based on current regulations. We accept no liability for indirect or consequential losses resulting from their use. Any liability is limited to the amount paid for the service.
Subcontracted Services: When disposal or related services are subcontracted, we act only as an intermediary. Liability for compliance and proper execution remains with the subcontractor.
11. Compliance Responsibility
We provide services in accordance with applicable regulations (including NZS 5433, the Land Transport Rule Dangerous Goods 2005, IATA DGR, and IMDG Code).
However, it remains the Customer’s responsibility to ensure their overall compliance with all relevant laws and requirements for their operations or consignments.
12. Privacy and Data Protection
Your personal information will be collected, stored, and used in accordance with our Privacy Policy and the Privacy Act 2020.
Details are available at www.dgsolutions.co.nz
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13. Intellectual Property
All intellectual property rights in this website, including but not limited to text, images, documentation, designs, layouts, and downloadable materials, are owned by or licensed to Dangerous Goods Solutions Ltd, unless otherwise stated.
The “DG SOLUTIONS” word mark and the DG Solutions logo are trademarks of Dangerous Goods Solutions Ltd in New Zealand.
No licence or right to use these trademarks or any other intellectual property of Dangerous Goods Solutions Ltd is granted or implied. The trademarks, branding, and content may not be copied, reproduced, modified, distributed, displayed, or used in any form without prior written consent, except where expressly permitted by law.
Unauthorised use of the DG SOLUTIONS word mark or DG Solutions logo including use in business names, domain names, advertising, search engine marketing, or website content may constitute trademark infringement and will be actively enforced.
14. Force Majeure
Neither party is liable for any delay or failure to perform obligations due to events beyond reasonable control, including acts of God, natural disasters, industrial action, war, or government restrictions.
15. Dispute Resolution
Both parties agree to attempt to resolve any dispute through good-faith negotiation or mediation before commencing legal proceedings.
If unresolved, the matter will be determined under New Zealand law in the jurisdiction of the New Zealand courts.
16. Changes to These Conditions
We may amend these Conditions of Trade from time to time.
Updated versions will be published on our website, and new terms will apply to all orders placed after the effective date of amendment.
17. Rates and Confidentiality
All rates are quoted in NZD and are exclusive of GST unless stated otherwise.
All pricing, quotations, and service details provided by Dangerous Goods Solutions Ltd are confidential and may not be shared or reproduced without written consent.
Rates are subject to change and reviewed annually to ensure fairness and competitiveness.
18. Contact Us
If you have any questions about these Conditions of Trade, please contact us:
Email: accounts@dgsolutions.co.nz
Website: www.dgsolutions.co.nz