1. DEFINITIONS AND INTERPRETATION 

 

1.1 In these Terms, unless the context otherwise requires: 

Force Majeure Circumstance means any circumstance beyond our reasonable control. Such circumstances include, without limitation: unavoidable delays in manufacture; delays by suppliers; an act or omission of any government or other authority, strikes and labour unrest; shipping delays; delays in procuring any required import/export documentation; acts of war; acts of terrorism; government intervention or sanction; fire; flood; drought; accident; natural disaster; pandemic, epidemic or any other event commonly referred to as an “Act of God”. 

Goods means the tangible goods to be supplied by Gallagher to you under these Terms and as agreed in each Order. 

GST has the meaning specified in the Goods and Services Tax Act 1985. 

Intellectual Property Rights means all intellectual property rights, including current and future registered and unregistered rights, in respect of copyright, designs, circuit layouts, trademarks, trade secrets, software applications, websites, patents, inventions, discoveries, know-how, confidential information and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world. 

Personal Information means information about an identifiable natural person.   

Price means the prices for the Products as set out on the Website as of the date we process the applicable Order.   

Products means any Goods or services to be supplied by Gallagher to you under these Terms and as agreed in each Order and includes the Subscription Services. 

Order means an order for Products by you.  

Order Confirmation means an order confirmation issued under clause 3.2. 

Subscription Services means the services provided to you as part of a subscription purchased to access and use a Gallagher application(s).

Website means the website operated by Gallagher Group Limited from time to time. 

 

1.2 In these Terms, the following rules of interpretation apply unless the context requires otherwise: 

a. headings are for convenience only and do not affect interpretation; 
b. the singular includes the plural and vice versa, and words importing one gender include the other genders; 
c. where a word or phrase is defined its other grammatical forms have a corresponding meaning; 
d. a reference to a person includes a body corporate, an unincorporated body or other entity; 
e. no term in these Terms is to be read against a party because the term was first proposed or drafted by that party; 
unless otherwise stated, the reference to $ is a reference to the New Zealand dollar;  
f. a document (including these Terms) includes any variation or replacement of it; 
g. the words “include” or “including” do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and 
h. a reference to any Act, regulation, by-law, industry standard or code includes any amendments to such Acts, regulations, by-laws, industry standards and codes. 

2. AGREEMENT

Supply of Products:  We will supply the Products to you, and you will purchase the Products from us in accordance with these Terms. Please note that, where you purchase Subscription Services, additional terms and conditions may apply. 

 

3. ORDERING 

Filling Orders:  Where Product availability is limited for any reason, we may fill orders or otherwise allocate Products in any manner we deem appropriate. 

Order Confirmation: An Order is not binding on us unless we have notified you that we have confirmed your Order. We may, in our sole discretion, refuse or cancel any Order and limit the quantity of a Product that you can purchase in a single Order. Once an Order Confirmation has been issued, you can only cancel or suspend an Order by contacting our customer services team on 0800 731 500 or at cs@am.gallagher.com.  

Placing Orders:  By placing an Order, you confirm that you are over 18 years old, have full legal capacity and are located within New Zealand.

4. DELIVERY OR COLLECTION  

Delivery: Goods are delivered per the Incoterms statement on our Order Confirmation or invoice, or, in the absence of such statement, F.O.B. point of shipment. Goods will be delivered in accordance with our Shipping and Returns policy. The Subscription Services will be deemed to have been delivered on and from the earlier of the date of your receipt of the Order Confirmation or your use of the Subscription Services. 

Delay: Under no circumstances will we be liable for failure to ship, or for your failure to receive, Products by a certain date, and you are not entitled to terminate an Order or these Terms due to a delay. If we are unable to deliver the Products or make Products available to you due to any action or inaction of you, then we will be entitled to charge a reasonable fee relating to any required re-delivery of the Products at a later date and time. All questions regarding delivery of Products can be made through our delivery team at cs@am.gallagher.com. 

5. PRODUCT RETURNS 

Returns: If the Products (in whole or in part) do not correspond with the relevant Order then you must notify us in accordance with our Shipping and Returns Policy Products cannot be returned or cancelled for reasons other than as set out in these Terms (unless we agree otherwise) or, for Subscription Services, the additional terms and conditions relating to such Subscription Services. 

Acceptance: If you have not notified us within 7 days of delivery that the Products do not conform with the Order Confirmation, you will be deemed to have accepted the Products.  

 

6. PRICE AND PAYMENT 

6.1 Price: The Price of the Products excludes the cost of delivery, which is payable in addition to the Price and will be added to your Order. 

Payment:  Payment for the Products (together with any other amounts owing to us) must be made in cleared funds at the time of purchase. You must provide us with valid credit card information from a credit card accepted by Gallagher. Please note that we will not store your credit card information. 

GST:  Unless stated otherwise, the Price is inclusive of GST. Any fees and charges (including delivery fees) imposed by these Terms also include GST where applicable.  

PRIVACY 
6.2 You acknowledge that we may collect, use, store and disclose certain Personal Information about you to our suppliers, distributors and resellers to supply the Products and fulfil your Order. All Personal Information collected, used, disclosed and stored by us will be in accordance with Gallagher’s Privacy Statement.  
 
We may use your Personal Information for the purposes of providing marketing and other promotional material to you.  You can tailor your marketing preferences as set out in our Privacy Statement.  

TITLE AND RISK 

Risk: Risk of loss or damage to the Goods shall pass to you at the time the Goods are delivered in accordance with clause 4.1. If the Goods are to be collected by you, then risk of loss or damage shall pass to you when you or your designated person takes physical possession of the Goods  

Title: Title in the Goods shall pass to you upon our receipt of full payment for the Goods.  

INTELLECTUAL PROPERTY 
All Intellectual Property Rights, in the Products, as between you and us, remain the exclusive property of Gallagher.   

NO RESALE 
All Products purchased by you under these Terms are solely for your personal use and not for resale.  

FORCE MAJEURE  
Gallagher will not be liable for any failure or delay in complying with any of its obligations to you if such failure or delay results from a Force Majeure Circumstance. 

PURCHASER WARRANTIES  

Gallagher’s Warranties: All Products purchased from the Website will be covered by our Animal Management Customer Warranty Policy (Warranty Policy).  

No implied warranties:  To the extent permitted by law, Gallagher’s Warranty Policy and the remedies set out in the policy are exclusive and in place of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. Gallagher disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Gallagher limits the duration and remedies of such warranties to the duration set out in the Warranty Policy and, at Gallagher's option, the repair, replacement or refund of the faulty product.  

Consumer Guarantees Act: Nothing in these Terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 (CGA), except to the extent permitted by the CGA and these Terms are modified to the extent necessary to give effect to that intention. If you are acquiring goods or services from us for the purposes of a business, you agree that the guarantees provided in the CGA will not apply. We do not provide any express guarantees (as that term is defined in the CGA) other than those expressly confirmed in these Terms.  

Limitation of liability 
Except as provided in Gallagher’s Warranty Policy and to the extent permitted by law, Gallagher is not responsible for any direct, indirect, special, incidental or consequential damages resulting from any breach of these Terms and any warranty or condition or under any other legal theory, including but not limited to warranty, indemnity, contract, negligence, fraud, or strict liability. Gallagher’s maximum liability under or in connection with these Terms, whether in contract or tort, or otherwise, shall in no event exceed, in the aggregate, the total amount actually paid to Gallagher for the Products giving rise to such claim.  

GENERAL

Amendments:  We may vary or amend these Terms from time to time by updating the terms on our website. The updated terms will take effect immediately after they have been posted on the Website to Orders placed after that time. 

Severability: The provisions of these Terms are severable and if any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining terms or provisions of these Terms will not in any way be affected or impaired and will remain in full force and effect. If any provision of these Terms is so determined to be unenforceable, then that provision will be severed from these Terms and immediately replaced with a valid, enforceable provision as similar as possible to the severed provision.

Entire Agreement: These Terms and the applicable Order Confirmation constitutes the entire agreement between the parties relating to their subject matter and supersedes and cancels any previous agreement, terms and conditions, understanding or arrangement whether written or oral.  Where you have agreed separate terms and conditions relating to Subscription Services, please note that those terms and conditions will apply to your ongoing use of those Subscription Services. Where there is any inconsistency between these Terms and the terms of your Subscription Services, the terms of your Subscription Services will prevail.

Remedies: The remedies set out in these Terms will not be exclusive but will be cumulative and in addition to all other rights and remedies provided by law. 

Governing Law:  These Terms will be governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.