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The warranties in these Terms and Conditions are given by Simco Catering Equipment NZBN 9429051299651 of 261 Morrin Road, St Johns, Auckland 1072, New Zealand Phone: 0800 883 888. Email: rukuwai@simcocateringequipment.co.nz
In these Terms and Conditions, unless the context otherwise requires, a word in a clause beginning with a capital letter has the meaning given in clause
These Terms and Conditions must be interpreted in accordance with the rules of interpretation set out in clause
Subject to these Terms and Conditions, Simco warrants every Product against all defects in material or workmanship that appear during the Product Warranty
If a defect appears during the first 2 years of the Product Warranty Period, Simco will provide repair (including on-site repair if the Product cannot be transported) and any replacement part required to remedy the defect free of
Subject to these Terms and Conditions, Simco warrants the Consumable Parts in every Product against all defects in material or workmanship that appear during the Consumable Parts Warranty
Simco will provide repair (including on-site repair if the Product cannot be transported) and any replacement part required to remedy a defect covered by clause 1 free of charge.
To make a Warranty Claim, a Customer must:
complete the interactive form available on Simco’s Website;
provide Simco with proof of the Customer’s purchase of the relevant Product in the form of a tax invoice or delivery docket;
provide Simco with proof that the Product has been serviced by Simco or its Service Agent twice each year since it was purchased; and
if the Product is a gas appliance, provide Simco with a gas compliance certificate in respect of the Product prepared by a licensed gas.
Once a Customer has complied with clause 4.1, Simco or its Service Agent will inspect the relevant Product and determine whether the Customer’s Warranty Claim is valid
If, after inspecting the Product, Simco or its Service Agent determines that the Customer’s Warranty Claim is not valid, the Customer will be liable to pay the Inspection Fee.
If Simco is required to repair a Product because of a valid Warranty Claim, Simco or its Service Agent will carry out the repairs:
within a reasonable time after inspecting the Product under clause 5; and
on Business Days (where the Product is located) between the hours of 8.00 am and 4.00
If a Customer requests that their Product be repaired otherwise than in accordance with clause 6.1, Simco or its Service Agent may, in their absolute discretion, carry out repairs in accordance with the Customers
If Simco or its Service Agent carries out repairs in accordance with clause 2, the Customer must pay the Service Fee
Simco or its Service Agent will inform the Customer of the amount of the Service Fee before commencing any repairs in accordance with clause 2
If clause 2.3 applies to a valid Warranty Claim, Simco or its Service Agent will inform the Customer of the estimated on-site repair costs before commencing
Notwithstanding any other clause of these Terms and Conditions, if the premises on which a Product is located are not situated:
within a 50 km radius of the central business district of the nearest capital city of New Zealand; or
within 30 km of a Service Agent,
Simco is not required to repair the Product unless:
the Customer returns the Product to Simco’s Head Office or, if Simco directs, the nearest Service Agent, with the costs of delivery and collection of the Product to be borne by the Customer in either case; or
if Simco or its Service Agent, in their absolute discretion, agrees to carry out on-site repairs, the Customer pays the Travel Fee (the amount of which will be disclosed to the Customer before any repairs are carried out).
Unless another clause of these Terms and Conditions requires otherwise, any costs or other charges relating to the repair of a Product under this clause 6 will be borne by the
Simco is not obliged to provide a replacement Product to the Customer while a Product is being repaired under clause 6 or until any parts required for repairs become available.
Notwithstanding any other clause of these Terms and Conditions, Simco may, as an alternative to repairing a Product under this clause 6, in its sole and absolute discretion:
replace the Product with a similar product; or
refund to the Customer the purchase price for the Product.
4.1 during the Product Warranty Period or, if the Warranty Claim relates to Consumable Parts, the Consumable Parts Warranty Period.
The warranties given by Simco in these Terms and Conditions do not cover:
use of the Product in an improper manner or a manner inconsistent with Simco’s recommended use of the Product;
use of the Product in an environment that does not comply with any relevant specifications provided by Simco or set out in the user manual for the Product;
a fault in a specification or design provided by a Customer to Simco or a Dealer; or
blockage of a pilot assembly or burner jet with food stuffs, oils, chemicals, or debris;
any physical damage to a Product that is present when, or occurs in the 24 hours after, the Customer takes possession or accepts delivery of the Product.
Except to the extent prohibited by law or as is otherwise expressly set out in these Terms and Conditions, Simco excludes all liability under, arising from, or in respect of, any:
concerning a Product, including any implied by law and any which relate to the availability, performance, quality, or fitness for purpose of a Product.
Any liability of Simco under, arising from, or in respect of, any warranty, guarantee, condition, or non-fraudulent representation concerning a Product that cannot be lawfully excluded will be:
Except to the extent prohibited by law, Simco excludes all liability to Customers for any:
This clause 8 applies when a Customer has acquired a Product as a consumer within the meaning of section 3 of the New Zealand Consumer Law.
In accordance with regulation 90(1)(c)(i) of the Competition and Consumer Regulations 2010 (Cth), Simco makes the following acknowledgment to each
“Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
The benefits given to each Customer by the warranties in these Terms and Conditions are in addition to other rights and remedies of the Customer under a law in relation to a
This clause 8 does not add to a Customer’s rights under the New Zealand Consumer Law and each Customer acknowledges that some of those rights are only exercisable against a Dealer as the supplier of a Product and not Simco.
A Customer may not assign, mortgage, charge, grant a Security Interest or otherwise transfer any or all of its rights or obligations under these Terms and Conditions to any other
Simco shall be entitled to novate, assign or sub-contract its interest in and obligations under these Terms and Conditions or any part of them to any third party upon written Notice to a Simco shall have no further obligations to the Customer in respect of any matter relating to such novation or assignment on and from the date of the Notice provided to the Customer pursuant to this clause 9.2.
Simco may vary these Terms and Conditions from time to
It is each Customer’s responsibility to access Simco’s Website to view these Terms and
If a Customer wishes to reject any variation made by Simco to these Terms and Conditions, the Customer must give Notice of that rejection to Simco within
20 days after publication of the varied Terms and Conditions on Simco’s Website.
If Simco varies these Terms and Conditions and a Customer does not give Notice to Simco under clause 9.5, the Customer will be deemed to have accepted the variation, which will take effect at the end of the period of 20 days after publication of the varied Terms and Conditions on Simco’s Wesbite.
to any address or email address provided by the Customer to Simco or its Service Agent or to Simco’s Head Office, as applicable.
A Notice is deemed given and received:
No waiver or indulgence by Simco or a Customer is binding unless it is in No waiver of any breach of a provision of these Terms and Conditions will operate as a waiver of any other breach of the same or any other provision of these Terms and Conditions.
Any provision of these Terms and Conditions which is illegal, void or unenforceable is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining
These Terms and Conditions represent the entire agreement between Simco and each Customer in relation to their subject matter and all prior or contemporaneous representations, statements, or agreements (if any) made by Simco or a Customer are superseded by these Terms and
These Terms and Conditions are governed by the laws of Western
Simco and each Customer irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Western New Zealand with respect to any legal action or proceedings which may be brought at any time relating or connected in any way to these Terms and
Clauses 9.13 and 9.14 apply regardless of the state or territory in New Zealand in which a Customer purchases a
Business Day means a day that is not a Saturday, Sunday, or public holiday.
Claim means any claim, demand, action, suit or proceeding of any kind.
Consumable Parts includes knobs, thermocouple, piezo leads, igniters, ignition boxes, fuses, pilot burners, and burner jets.
Consumable Parts Warranty Period means 1 year from the date on which the Customer purchased the Product.
Courts of Western New Zealand include the Western New Zealand registries of Commonwealth courts.
Customer means a purchaser of a Product from a Distributor.
Distributor means a person authorised by Simco to sell Products by retail.
Inspection Fee means the fee, determined by Simco or its Service Agent, payable by the Customer for an inspection of a Product to determine whether a Warranty Claim is valid.
Liability means any direct or consequential liabilities, claims, losses, fees, costs, charges, damages, injuries or expenses of any nature.
Notice means any notice given in accordance with clause 9.7.
PPSA means the Personal Property Securities Act 2009 (Cth).
Product means a product supplied new by Simco to a Distributor or a Customer.
Product Warranty Period means 4 years from the date on which the Customer purchased the Product.
Security Interest
in relation to any personal property (as defined in the PPSA and to which the PPSA applies), has the same meaning as in the PPSA; and
in relation to any other property means any security for the payment of money or performance of obligations including a mortgage, charge, lien, pledge, trust or
Service Agent means a person authorised by Simco to inspect, repair, or maintain a Product.
Service Fee means the fee, determined by Simco or its Service Agent, payable by the Customer for repair of a Product otherwise than in accordance with clause 6.1.
Simco means New Zealand Catering Equipment Holdings Pty Ltd ACN 606 492 399 as trustee for the New Zealand Catering Equipment Holdings Unit Trust trading as Simco Catering Equipment.
Simco’s Head Office means 3-9B Forge Street, Blacktown, NSW 2148.
Simco’s Website means a website hosted by or on behalf of Simco, which is currently https://simcocateringequipment.co.nz/
Terms and Conditions means the terms and conditions set out in this document.
Travel Fee means the fee, determined by Simco or its Service Agent, payable by the Customer for Simco or its Service Agent to travel to the Product to provide on-site repair under clause 6.8(d).
Warranty Claim means a claim that a defect has appeared to which a warranty given by Simco in these Terms and Conditions applies.
In these Terms and Conditions, unless the context otherwise requires:
headings are for convenience only and are not to be taken into account in interpreting the provisions;
the singular includes the plural and vice versa and a reference to any gender or the neuter includes every other gender and the neuter;
“including” and similar expressions are not words of limitation;
if a word or phrase is defined, other grammatical forms of that word or phrase have a corresponding meaning;
unless otherwise specified, references to clauses are references to clauses in these Terms and Conditions;
reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
reference to a person includes a firm, a body corporate, an unincorporated association, an authority, and the employees, agents, legal representatives, successors and assigns of that person;
a reference to currency, money or ‘$’ is a reference to New Zealand currency;
a reference to these Terms and Conditions or another instrument includes
