Terms & Conditions

Please note that your use of this site is subject to the following TERMS & CONDITIONS.

Agreement
  • Mark Holman trading as MarkView agrees to sell and the Customer agrees to buy the goods ordered through Mark Holman trading as MarkView.
Your Acceptance of These Terms
  • By using the Mark View Web Site, you are deemed to accept the Terms and Conditions of sale. If you are NOT able to agree with any aspect of this policy, please do not use the Mark View Web Site.
Price
  • The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
  • All prices are Inclusive of GST and Exclusive of insurance/freight/handling charges.
  • The information provided by this web site is subject to change without notice. While every effort has been made to ensure accuracy, Mark Holman trading as MarkView will not be liable for any inaccuracies in the information contained herein.
  • All prices are given in New Zealand Dollars.
  • Product information and pricing located via external web links may not apply to products available for purchase in New Zealand. Web links are provided for your convenience only.
  • You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order, which we subsequently accept.
Delivery
  • Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
  • If no place of delivery is specified, delivery shall take place at the time when the goods are made available for dispatch at our premises or our suppliers premises.
  • Any time stated for delivery is an estimate only. No claim shall be made by you on account of late shipment or delivery however caused.
  • All freight charges shall be at your cost unless otherwise agreed and stated.
Returns and Cancelled Orders
  • Mark Holman trading as MarkView endeavors to provide the highest level of service and customer satisfaction.
Faulty Return Policy
Any goods with a manufacturing fault will be:
  • replaced with the same; or
  • repaired under warranty; or
  • if neither of these are achievable then a refund will be given
Faulty Returns, Non-faulty Returns, DOA and Cancelled Orders
  • Upon receiving goods, you must check to make sure they are exactly the items you ordered, prior to opening the packaging. We can replace, refund or exchange incorrect or wrongly ordered items only if they are still in their original, unopened packaging and in pristine condition. Non-faulty returns will not be accepted if goods have been opened and/or used.
  • Where a non-faulty product is returned and you have requested a Return Authority number within 7 days of dispatch, and the returned product has not been used or opened or otherwise deemed un-saleable by us, you will be credited in full. Freight charges will not be credited.
  • Faulty goods will be subject to the normal return procedures for the specific brand being returned as specified by the manufacturer or their agent.
  • Repairs under warranty are carried out free of charge. Where goods are found to be not faulty you will be required to pay the freight both ways. Therefore, to save yourself time and money, make absolutely certain that the unit is faulty before returning for repair.
  • Faulty goods returned for repair must be accompanied by a sales docket or proof of purchase. Please note: the provisions of the Consumer Guarantees Act 1993 will not apply where goods are acquired for business purposes.
  • Any product which arrives damaged or fails shortly after sale to an end user is considered DOA (Dead on Arrival). Should any Mark View product be received which is DOA, Mark Holman trading as MarkView must be notified ASAP, either by phone or e-mail advising the date of purchase, invoice number and the serial number of the product. A Return Authority (RA) number will then be issued. If a product returned as "Dead On Arrival" is found to be not faulty, the buyer will be charged for freight both to and from the customer's address.
  • Mark Holman trading as MarkView will endeavor to repair or replace the product within 4 weeks of its receipt (exceptions to this may occur from time to time).
  • All goods to be returned must have a "Return Authority", RA number, issued by Mark Holman trading as MarkView. The issue of a Return Authority does not guarantee we will accept the return.
  • Please record the Return Authority number for later reference.
  • Returned goods should be shipped to our office, or to an alternate address as prescribed by Mark Holman trading as MarkView.
  • The RA number should be clearly written on the outside of the shipping carton - do not write directly on the carton. If the RA number cannot be identified the product may go astray.
  • The customer will be liable for all delivery and insurance charges incurred in respect of returned goods.
  • Product returns should be sent by registered or certified mail or by signature required courier delivery. Mark Holman trading as MarkView accepts no responsibility for loss or damage occurring in transit.
  • No returns will be accepted after 7 days from invoice date, other than faulty products.
Risk and Ownership
  • Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
  • Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
  • If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.
  • We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
Guarantees
Where the Consumer Guarantees Act 1993 ("Act") applies:
  • if the goods are acquired by you for Business Purposes you agree that the Act does not apply.
If you on-supply goods you must:
  • do so on the basis that the Act does not apply where the goods are on-supplied for business purposes.
  • notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
  • you acknowledge that no Express Guarantees (as defined in the Act) are provided.
  • if a claim is made directly against us by a consumer under the Act then you will refund to us the amount of any damages (up to the value of the margin you made on the goods in question) we are required to pay to that consumer under the Act.
  • Nothing in these terms is intended to have the effect of contracting out of the provisions of the Act except to the extent permitted by the Act.
  • Except as otherwise required or prevented by law or except as expressly provided under these terms, we are not liable for any claim in relation to any goods we supply to you (including as a result of negligence or otherwise) and all representations, guarantees, warranties and terms of whatever nature (including fitness for purpose) are completely excluded.
Use of Information
  • You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business and you consent to any person providing us with such information.
  • You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
  • You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us.
  • If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information we hold about you.
No Liability
  • We shall not be liable for any delays or failure in complying with any obligation imposed on us under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by you.
  • Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Mark Holman trading as MarkViewfor any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
  • If we are unable to provide our obligations under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond our control, then we are released from our obligations under this agreement.
Description of Products
  • Modifications and improvements to the seller's products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.
Pictures and Images
  • Mark Holman trading as MarkView aims to include up-to-date images of the goods on this web site. However, our images of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before opening or using the goods.
Force Majeure
  • The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with 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.
Errors or Omissions
  • The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they 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.
Waiver
  • If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any term of the contract must be specified in writing by us and signed by an authorised person.
Governing Law
  • This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.