Terms & Conditions
'The seller' refers to Salescoach
'The buyer' refers to any person or legal entity purchasing from the seller.
Where the seller accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between the seller and the buyer and it is expressly agreed that there are no other understandings, representations or warranties of any kind (express or implied) forming part of this contract. In particular:
- All material is supplied in good faith and is subject to conditions of use. Use is at the buyers discretion and responsibility, and it is the buyers sole resposnibility to check any material supplied complies with the compliance requirements for their area of operation, including but not limited to specific real estate licensing laws and regulations, the Buyers' office(s) Policy & Procedures, Franchise or Marketing Group regulations, laws and regulations, Codes of Practice, Codes of Conduct.
- All Power Prospecting Material is subject to copyright and only for use by licensed subscribers who may duplicate to use for their database and focus/farm area prospecting. Use of artwork for promotional advertising in newspapers or property papers is not permitted.
- Cancellation Fees apply for Salescoach courses where the Buyer has Registered and pre-paid to confirm their registration.
- Conditions of registration: No refunds within 14 days of course dates. 50% refund within 15-28 days, and full refund, less 10% handling fee, for cancellations received prior to 28 days before course date. Registrations are transferable.
- In-house training days are subject to 50% deposit to confirm and balance payable on the day of facilitation. No refunds on deposit within 30 Days of course date. Booking can be transfered to another date within 30 days of booked date.
- Auction Fees are payable no later than the date of Auction and the fee is committed once the marketing starts, whether property is sold prior, withdrawn, fails to sell or cancelled.
- All manuals, books, workbooks, audio cd's, DVD's supplied by the seller to the buyer are the intellectual property of Salescoach Limited and are subject to copyright. The authors and producers have asserted the moral rights to be recognised as the authors. All rights are reserved. No part of any manual, book, CD or DVD supplied may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise without the permission of the copyright owners. Any material supplied in manuals or data disc where the buyer copies or duplicates the material for marketing purposes, it is the buyers sole responsibilty to satisfy compliance requirements for their jurisdiction, including, but not limited to, Office policy, Statute, Codes of Conduct, Franchise or Marketing Group requirements and any professional or ethical obligations set out in any laws or regulations the buyer is subject to.
- Any condition contained in the buyer's order which is inconsistent with, qualifies or is contrary to these conditions shall have no effect unless that condition is expressly accepted in writing by the seller.
- Any variation, waiver or cancellation of the buyer's order shall have no effect unless accepted in writing by the seller. Where the seller accepts cancellation the seller may levy a handling charge of up to 20% of the price.
- Where the buyer is contracting Salescoach for a training/speaking event the purchaser shall pay a deposit of 20% of the agreed fee plus any travel expenses to be incurred in respect of the booking, failing which the purchaser shall book fully-flexi fares at times and dates agreed with Salescoach Limited.. Any cancellation made more than 30 days before the engagement shall receive a full refund less any travel bookings already confirmed.
- Any cancellation between 30 and 15 days inclusive, of the agreed date, Salescoach shall retain the 20% deposit paid and invoice the buyer for any travel bookings already confirmed.
- Any cancellation within 14 days of the agreed date, the full fee is payable by the buyer to Salescoach, plus any confirmed travel costs. Salescoach shall provide documentation of any travel costs incured on belhalf of the buyer.
Travel and Accommodation costs are additional.
No travel costs for metropolitan Auckland area.
Travel costs can include airfares, taxis, vehicle usage
25% on booking confirmation waiverable at option of Salescoach Ltd
Balance payable on the day. Cheque, credit card or Direct Credit.
Overseas clients must direct credit full fee or provide Credit card details for clearance before we leave NZ. Payment is not processed until completion of presentation.
We accept Visa, Mastercard and Amex.
Formation of Contract
The seller's website and advertising only constitute an invitation to treat. Ordering goods (online or otherwise) constitutes an offer by the buyer to buy in accordance with these terms and conditions. The seller may or may not accept any buyers order for goods which are no longer held in stock or offered by the seller at the time the order is placed by the buyer. The seller's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.
Privacy Act 1993
The Buyer authorises Salescoach to collect, retain, and use personal information about the Buyer for marketing goods and services provided by Salescoach to the Buyer only.
Prices and Terms of Payment
Unless otherwise agreed in writing payment must be made by the buyer before delivery of the goods. If a trainng/speaking/consultancy fee is payable, the balance of the agreed fee shall be paid on the date of facilitation, by cheque, credit card or direct credit to Salescoach Limited nominated bank account.
All payments by the buyer to the seller shall be made in full, free of any deduction, setoff, conuterclaim or legal or equitable claim howsoever arising.
If the buyer fails to make any payment due under this agreement by the due date for payment, then the seller may, without limiting its other rights in respect of such default:
- Stop delivery of the goods;
- Charge interest on the amount unpaid at the rate of 15% per annum calculated on a daily basis from the due date for payment until payment in full is received by the seller, such interest being payable by way of liquidated damages and not as a penalty;
- Charge against the buyer's credit card, the amount of the payment due.
The seller's prices are subject to alteration without notice and the price payable by the buyer for the goods ordered shall be the price ruling at the date the goods are ordered for delivery to the buyer as stated on the invoice.
The seller's prices are inclusive of GST. Any other taxes, if chargeable, are payable by the buyer whether they are imposed or brought into force before of after acceptance of the buyer's order.
Shortages, Damages or Loss in Transit
Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim. Goods are despatched by courier with tracking facilities.
Goods leaving the seller's premises are adequately packed. No claims will be considered after 7 days of receipt of goods. Details of any claim should be advised to the seller.
Return of Goods for Credit or Refund
Goods supplied in accordance with the buyer's order can only be returned with the express approval of the seller.
- Requests to return goods must be submitted within 7 days from the date of supply and the original invoice number must be quoted.
- Where goods are accepted (for credit or refund at the sellers discretion) they must be delivered at the buyers expense to the seller in original condition and packaging.
- The seller reserves the right to levy a handling fee against any returns the seller may agree to accept. Such fees may be up to 20% of the invoice priced and levied at the seller's absolute discretion.
Seller's Liability and Maintenance Guarantee
- The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which there are required and the seller is under no liability if they are not.
- Subject to clause 3 the seller's liability in respect of any defect or failure of the goods or for any loss,rc boats injury or damaged attributable therer to is limited to the extent of clause 4. The seller shall not be liable to the buyer or any third party whether in tort or contact or in negligence or otherwise for any direct or consequential loss or damage attributed to defects in the goods nor in respect of conditions or warranties whether expressed or implied by statute or at common law or otherwise.
- Where the buyer does not acquire the goods or hold itself out as acquiring the goods, for the purposes of a business then these conditions must be read subject to the provisions of the Consumer Guarantees Act 1993 which shall have full force and effect notwithstanding any contrary or inconsistent provision in these conditions. The Consumer Guarantees Act 1993 will NOT apply if the buyer acquired, or held itself out as acquiring the goods for the purposes of a business.
- The goods are warranted against faulty workmanship or materials for 6 months from the date of purchase. Within the specified period the seller or its agents will repair or replace (at their discretion) any defect due to faulty workmanship or materials. This warranty shall not be valid if, having detected a fault, the user continues to use the material. This warranty does not apply to any part of the goods which has been subject to misuse, neglect, alteration, incorrect installation, accident and to damaged caused by transportation, flood, fire or acts of God. The seller's liability under this warranty is limited to repairing or replacing any part without charge. The warranty is dependent upon the seller's inspection determining the defect in workmanship or materials. The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract
Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer. Ownership of all goods sold by the seller ('the goods') is retained by the seller until full payment is received for amounts owing in respect of all goods supplied. the property of the seller.
Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in advertising, content, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) maybe discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify the buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.
Description of Products
Modifications, editing, market changes and improvements to the seller's products are constantly being made. Description, illustrations and literature are therefore not binding on the seller.
The seller shall not be liable to the buyer for any loss or damage or indirectly arising out of or in connection to any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.
The buyer shall be solely repsonsible for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the use the products supplied..
Disputes and Law
Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be governed by New Zealand Law.