Terms of service

Orka Power Terms and Conditions

These terms and conditions apply to all orders and interactions between you - the Customer - and us - the Supplier - in relation to business conducted through our online store www.orkapower.co.nz

Any purchase or acceptance of offer will be deemed as acceptance of this agreement.

Where the Customer is not a consumer and the transaction is Business-to-Business, the Consumer Guarantees Act shall not apply. In this event, by proceeding to use the services offered on orkapower.co.nz either with- or without making use of trade discounts, the Customer that is not a consumer but a business, agrees that the Consumer Guarantees Act does not apply.


Product selection and Ordering

1. For the purpose of ordering goods, products shall be uniquely identified by the Product Code (SKU Code) as used in the Supplier’s systems. The product that will be supplied shall be the Product Code (SKU Code) as specified by the Customer at the time of order.

2. Selection of what product to order is the sole responsibility of the Customer. The Customer acknowledges that they have not relied on any advice from the Supplier with regard to product selection and that the Supplier is not liable for any damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information, whether or not due to the Supplier’s negligence or that of its employees.

3. Stock is not reserved until payment has been received.

4. Once an order has been placed, it cannot be cancelled or changed.

5. Orders that remain unpaid are deleted after 3 days.

6. The Supplier may decline to accept any order if there is a reason to do so, whether or not payment has been received, by giving notice of non-acceptance to the Customer by phone, fax or e-mail. If the Supplier declines an order where payment has been received, they will refund the payment. Reasons to decline may include: stock or availability problems, pricing or listing errors, fraud or suspicious activity and breach of terms.


Shipping and delivery

1. The Customer shall accept and pay for delivery in instalments Within New Zealand mainland North- and South Island, shipping to addresses that are within the reach of the networks of our shipping partners is free of charge for standard delivery.

2. Deliveries to any of the other Islands will incur a shipping charge.

3. It is the Customer’s responsibility to provide a secure and correct address for delivery with someone in attendance to receive the shipment. Re-delivery attempts or re-addressing may incur additional charges.

4. The Supplier cannot deliver to a PO Box.

5. A premium paid freight service is available for selected destinations. When premium freight is selected, the Supplier will book the freight with the selected service.

6. Any date given for delivery is an estimate only and the Supplier shall not be liable in any circumstances for delay in delivery.

7. The Customer may request at the time of placing the order to have the shipment collected by their own courier service, in which case the Supplier will pack the goods and notify the Customer when the goods are available for collection. This will incur a service charge for package, handling and attendance.

8. Orders using the free freight service are dispatched as follows:

  • 1. Items that fit in a courier bag: NZ Couriers, over-night target to main centres (rural extra)
  • 2. Under 25kg, North Island: NZ Couriers, over-night target to main centres (rural extra)

  • 3. Under 25kg, South Island: Post Haste, 2-3 day target to main centres (rural extra)

  • 4. Over 25kg: Mainfreight LCL, 3-8 day target

9. The premium freight services that are available are as follows:

  • 1. Under 25kg, South Island: NZ Couriers, over-night target to main centres (rural extra)2025-12-01
  • 2. Auckland region: SUB60 same day delivery

10. To be included with the last courier collection round, orders usually must be in and be released for dispatch (I.e. payment must have been received and processed) by 14:00. There is no guarantee that an order that has been processed by that time will indeed be collected the same day.

11. Where a delivery is received with transport damage, the Customer must either not accept delivery or note the damage on the consignment note before signing for the delivery. Transport damage must be reported immediately (within 5 working days) to the Supplier so relevant claims with the transport provider and insurance providers can be made. If not reported to the Supplier within this time frame, any claim for transport damage may not be able to be entertained (regardless of whether the damage was noted on the consignment note).


Inspection upon Receipt

The Customer must inspect all orders and products supplied upon delivery and shall, within 10 of delivery or within 14 days from invoice date (whichever comes last), give written notice to the Supplier of the following:

  • 1. Any defect in a product that is apparent on reasonable examination. In this case, the Supplier shall, at its discretion, replace the product or refund the purchase price.
  • 2. Any shortfall in products delivered. In this case, the Supplier shall, at it discretion, deliver the undelivered product or refund the price of undelivered products.
  • 3. Any delivery of products not in accordance with the order. In this case, the Supplier shall, at its discretion, replace the product or refund the purchase price.

If the Customer fails to give such notice, the Customer will be deemed to have accepted the relevant order to have been delivered according to the Customer’s instructions and the products to be free from all apparent defects. The remedies set out above are the Customer’s exclusive remedies for non-delivery, late delivery or short delivery of products, or delivery of products not in accordance with the order. The Supplier shall not be liable for any other losses, consequential or otherwise.


Returns

All sales are final and return of product for reasons other than it being defective or the incorrect product was supplied is not normally possible. In certain situations, the Supplier may accept returns. Details on the terms and conditions when return may be accepted as well as the details on the return process are provided in the Supplier’s Return Policy as published on the orkapower.co.nz web store. The Supplier Return Policy forms an integral part of these general terms and conditions.


Warranty

The Supplier Warranty Statement as published on the orkapower.co.nz web store forms an integral part of these general terms and conditions and provides details on the warranties that apply as well as the warranty claim process.


Liability

1. In no event shall any breach:

  • 1. of these terms and conditions or any implied warranties, terms and conditions (whether statutory or otherwise); or
  • 2. of any other duty of any kind imposed on the Supplier by law arising out of or in relation to the sale of products or services, give rise to any liability for punitive damages, or damages for loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage arising from any cause.

2. To the extent permitted by law:

  • 1. Warranties, representations, promises, conditions or statements regarding the equipment, express or implied, including, without limiting the generality of the foregoing, warranties, representations, promises, conditions or statements as to the suitability or fitness of the equipment not expressly referred to herein are expressly excluded.
  • 2. The Supplier shall under no circumstances be liable for any form of damage (which expression includes but is not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply, performance or use of the equipment or any part thereof or any failure to supply the equipment or any part thereof


3. The total liability of the Supplier whether arising out of negligence or otherwise shall at the option of the Supplier be limited to either:

  • 1. the replacement of any defective goods or part thereof; or
  • 2. the repair of any goods or part thereof; or
  • 3. refund of the purchase price of any defective goods.


Privacy Policy

The Privacy Policy as published on the orkapower.co.nz website forms an integral part of these terms and conditions.


Note

Legislation may imply certain conditions or warranties or impose obligations on the Supplier, AEP Pacific Ltd, which conditions, warranties and obligations cannot, or cannot except to a limited extent, be excluded, restricted or modified by agreement between parties. These Terms and Conditions shall be read subject to any such provisions. These Terms and Conditions shall be governed by and interpreted in accordance with the Law of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand.