Terms and Conditions

These Terms and Conditions apply to your use of keystonelabs.co.nz and to products and services supplied by Keystone Labs Limited (“Keystone Labs”, “we”, “us” or “our”).

By placing an order with us, creating an account, requesting a quotation, or otherwise purchasing products or services from us, you agree to these Terms and Conditions.

Nothing in these Terms is intended to exclude or limit any rights you have under New Zealand law that cannot legally be excluded or limited.

1. About Keystone Labs

Keystone Labs Limited is a New Zealand supplier of electronics, test and measurement equipment, tools, components, consumables and related products.

Website: keystonelabs.co.nz

Email: sales@keystonelabs.co.nz

Our Privacy Policy, Shipping & Lead Times information and Warranty information should be read together with these Terms.

2. Orders and Formation of Contract

2.1 Placing an order

Products displayed on our website, in advertisements, quotations or other material are an invitation to place an order and do not constitute an offer by us to supply the product.

When you submit an order, you are offering to purchase the products in accordance with these Terms.

2.2 Acceptance

All orders are subject to acceptance by Keystone Labs.

An automated order confirmation or payment receipt confirms that we have received your order but does not necessarily mean that we have accepted it.

Unless we expressly agree otherwise, an order is accepted when we:

dispatch the products;
send you confirmation that the products have been dispatched; or
otherwise confirm acceptance of the order in writing.

We may accept or decline an order in whole or in part.

2.3 Availability

Products may become unavailable after an order is placed due to stock discrepancies, supplier availability, discontinued products, freight restrictions or other circumstances beyond our reasonable control.

If we cannot supply a product, we may:

offer an alternative product;
place the product on backorder with your agreement;
supply the available portion of the order; or
cancel the affected item and refund any amount paid for it.

2.4 Authority to order

Where an order is placed on behalf of a company, organisation, educational institution or other entity, the person placing the order represents that they have authority to bind that entity.

3. Prices, GST and Quotations

3.1 Prices

All prices are in New Zealand dollars unless stated otherwise.

Our website may display prices both excluding and including GST. The applicable GST treatment will be shown at checkout, on the quotation or on the invoice.

Freight, rural delivery charges, dangerous goods charges, insurance, customs charges or other delivery costs may be additional unless expressly stated otherwise.

3.2 Price changes

We may change our prices at any time.

Price changes will not normally affect an order that we have already accepted.

3.3 Pricing and listing errors

We take reasonable care to ensure that prices, specifications and product information are accurate.

If a product has been listed with an obvious pricing, specification or availability error, we may correct the error and, before accepting the affected order:

contact you and offer to proceed on the corrected basis; or
cancel the affected item and provide a full refund of any amount paid for it.

3.4 Quotations

Unless stated otherwise, quotations are valid for 30 days from the date of issue.

A quotation may be subject to stock availability, exchange-rate movements, supplier price changes, freight changes and any additional conditions stated on the quotation.

We may withdraw a quotation before it has been accepted.

4. Payment

Unless we have approved credit terms for you, payment is required before products are dispatched.

We may accept payment using the methods displayed on our website or otherwise agreed with you.

You must ensure that the payment information you provide is accurate and that you are authorised to use the selected payment method.

5. Credit Accounts

We may offer credit accounts to approved business, industrial, government or educational customers.

Approval of credit is at our discretion and may be subject to additional credit-account terms.

Unless otherwise agreed in writing:

invoices issued on credit must be paid by the due date stated on the invoice;
we may suspend further supply while an account is overdue;
overdue amounts may incur interest at 15% per annum, calculated daily from the due date until payment; and
you must reimburse us for reasonable debt collection, legal and enforcement costs incurred in recovering overdue amounts, to the extent permitted by law.

Any separate written credit terms agreed with you take precedence over this section to the extent of any inconsistency.

6. Shipping and Delivery

6.1 Delivery estimates

Dispatch dates, delivery dates and lead times displayed on our website or provided by our staff are estimates unless we expressly agree otherwise in writing.

We will use reasonable efforts to meet estimated delivery times but cannot guarantee them.

Supplier delays, customs clearance, international freight, dangerous goods requirements, rural delivery, weather events, courier delays and other circumstances may affect delivery.

6.2 Products with lead times

Some products are sourced specifically for an order or supplied from local or overseas distributors.

The lead time displayed on a product page represents our reasonable estimate based on the information available to us at the time.

Lead times may change.

6.3 Delivery charges

Delivery charges depend on factors including:

destination;
product size and weight;
rural delivery requirements;
dangerous goods requirements; and
the delivery service selected.

6.4 Split shipments

We may dispatch an order in more than one shipment where reasonably necessary.

6.5 Delivery information

You are responsible for providing a complete and accurate delivery address and any necessary delivery instructions.

We are not responsible for delays or additional costs caused by incorrect or incomplete information supplied by you.

7. Risk and Ownership

For purchases to which the Consumer Guarantees Act applies, risk in the products passes to you when the products are delivered in accordance with applicable law.

For purchases made for business purposes where the Consumer Guarantees Act has validly been contracted out of, risk passes when:

you collect the products from us;
the products are delivered to your nominated location; or
where we have agreed that delivery is at your risk, the products are handed to the carrier,

whichever applies.

Ownership of products supplied on credit remains with Keystone Labs until all amounts owing in relation to those products have been paid in full.

8. Checking Your Delivery

Please inspect products as soon as reasonably practicable after delivery.

If your order:

is damaged in transit;
contains the wrong product;
has missing items; or
has another obvious delivery issue,

please contact us as soon as possible and provide your order details and photographs where appropriate.

Prompt notification helps us investigate courier claims and resolve problems quickly.

Failure to notify us immediately does not affect any rights you may have under the Consumer Guarantees Act or other applicable law.

9. Change-of-Mind Returns

We may accept change-of-mind returns within 30 days of delivery, subject to the conditions below.

To qualify, the product must generally be:

unused;
unopened where applicable;
complete with all accessories, manuals and packaging;
in its original packaging; and
in a condition suitable for resale as new.

You must contact us before returning a product.

Unless we agree otherwise, you are responsible for the cost and risk of returning a change-of-mind item to us.

Original freight charges are not normally refundable for a change-of-mind return.

We may decline change-of-mind returns for:

specially ordered or non-stock products;
customised products;
products manufactured or configured specifically for you;
opened consumables;
software, licence keys or digitally supplied products once activated or supplied;
clearance or final-sale products where they were clearly identified as such; or
products that cannot reasonably be resold as new.

Where we accept a change-of-mind return, we may issue a refund, account credit or store credit as agreed with you.

This section applies only to voluntary change-of-mind returns and does not limit your rights in relation to faulty, incorrectly described or otherwise non-compliant products.

10. Warranty and Faulty Products

10.1 Manufacturer warranties

Products sold by Keystone Labs are generally covered by the applicable manufacturer’s or New Zealand distributor’s warranty.

The warranty period and exact conditions vary between brands and products.

Where a specific warranty period is shown on a product page or in the manufacturer’s documentation, that period applies to the manufacturer’s warranty.

Manufacturer warranties are additional to any rights you may have under New Zealand law.

10.2 Warranty support

Keystone Labs provides local support for products we sell and will assist with legitimate warranty claims.

Where practical, we will initially try to diagnose the problem remotely. We may ask you to provide:

your order or invoice number;
the product model and serial number;
a description of the fault;
photographs or video;
information about how the product was being used;
diagnostic information; or
the results of reasonable troubleshooting steps.

We may also assist with firmware, configuration, calibration guidance and operational issues where appropriate for the product and manufacturer.

10.3 Back-to-base warranty process

Unless applicable consumer law requires otherwise, warranties administered by Keystone Labs are generally back-to-base.

The normal process is:

Contact us first. Do not return a product without first contacting us.
Remote assessment. We will attempt to diagnose the issue and confirm the appropriate next step.
Return authorisation. If the product needs to be inspected, we will provide return instructions.
Assessment, repair or replacement. We may inspect the product ourselves or arrange assessment by the manufacturer, distributor or authorised service agent.
Resolution. Depending on the fault, applicable warranty and your statutory rights, the product may be repaired, replaced, credited or refunded.
Return delivery. For an approved manufacturer warranty claim, return freight from us to you will generally be paid by Keystone Labs or the relevant manufacturer/distributor.

10.4 Freight for warranty claims

For a claim made solely under a manufacturer’s voluntary warranty, you may be responsible for the cost of returning the product to our nominated New Zealand return address unless we or the manufacturer agree otherwise.

However, this does not limit any rights you have under the Consumer Guarantees Act.

Where applicable law requires us to arrange collection, reimburse reasonable return costs or otherwise bear the cost of returning faulty goods, we will do so.

10.5 Warranty exclusions

Unless required otherwise by law, manufacturer warranty coverage will generally not apply to faults or damage caused by:

misuse or abuse;
operation outside the manufacturer’s specifications;
incorrect wiring, voltage, polarity or power supply;
overload, over-voltage or excessive current;
incorrect installation;
accidental or physical damage;
liquid, corrosion or contamination;
unauthorised modification or repair;
use of inappropriate accessories;
failure to follow operating instructions or safety warnings;
continued operation after a significant fault becomes apparent;
normal wear and tear; or
circumstances otherwise excluded by the manufacturer’s warranty.

A manufacturer’s warranty decision does not remove any separate rights that you may have under New Zealand consumer law.

11. Consumer Guarantees Act

If you acquire products or services from Keystone Labs as a consumer for the purposes of the Consumer Guarantees Act 1993, you have rights and remedies under that Act.

These may include guarantees relating to:

acceptable quality;
fitness for purpose;
correspondence with description;
reasonable delivery;
repairs and spare parts; and
services being carried out with reasonable care and skill.

Nothing in these Terms excludes, restricts or modifies those rights where the law does not permit us to do so.

Business purchases

If:

you acquire products or services from us in trade and for business purposes;
you are also in trade;
these Terms form a written agreement between us; and
it is fair and reasonable for us to be bound by this provision,

then you and Keystone Labs agree that the Consumer Guarantees Act 1993 will not apply to that transaction to the fullest extent permitted by section 43 of that Act.

This business-use exclusion does not apply where the statutory requirements for contracting out have not been satisfied.

12. Product Information and Suitability

We take reasonable care when preparing product descriptions, photographs, specifications, compatibility information and other material.

However:

manufacturers may update products without notice;
minor appearance, packaging or specification changes may occur;
photographs may be illustrative;
dimensions and performance specifications may be subject to manufacturing tolerances; and
some information is supplied to us by manufacturers or distributors.

If a specification is critical to your application, please contact us before purchasing.

For business purchases, you are responsible for determining whether a product is suitable for your particular application unless we have expressly agreed in writing that you are relying on our recommendation for that purpose.

Nothing in this section limits any statutory guarantee of fitness for purpose that applies to a consumer purchase.

13. Technical and Electrical Products

Many products sold by Keystone Labs are technical instruments or electrical/electronic products.

You are responsible for:

reading and following the manufacturer’s instructions;
observing voltage, current, category and environmental ratings;
using appropriate protective equipment and safety procedures;
ensuring installation is performed by a suitably qualified person where required;
using suitable fuses, overload protection, earthing and isolation where applicable; and
complying with applicable laws, standards and regulations.

Product ratings must not be treated as permission to use equipment in an unsafe manner or outside the manufacturer’s specified operating conditions.

14. Calibration and Measurement Accuracy

Unless a product is expressly sold with a specified calibration certificate or accredited calibration service:

manufacturer accuracy specifications are not a representation that a particular unit has been independently calibrated by Keystone Labs; and
any calibration certificate or traceability requirement must be separately confirmed before ordering.

You are responsible for determining the calibration, traceability and measurement requirements appropriate to your application.

15. Software, Firmware and Digital Features

Some products rely on manufacturer software, firmware, cloud services, mobile applications, licence keys or third-party services.

These may be subject to separate terms imposed by the manufacturer or software provider.

Compatibility can change as operating systems, software and firmware are updated.

Unless required by law or expressly guaranteed by us, we cannot guarantee that a third-party application, cloud service or software package will remain available or compatible indefinitely.

16. Limitation of Liability

This section applies only to the extent permitted by law.

Nothing in these Terms limits liability or remedies that cannot legally be excluded or limited.

For transactions where the Consumer Guarantees Act applies, your rights under that Act remain unaffected.

For business transactions where the Consumer Guarantees Act has validly been contracted out of:

we are not liable for indirect, consequential or special loss;
we are not liable for loss of profit, revenue, production, contracts, data, business opportunity or anticipated savings; and
our total liability arising from a particular product, service or order will not exceed the amount paid or payable to us for the relevant product, service or order,

except where such limitation is prohibited by law.

17. Force Majeure

We are not liable for delay or failure to perform an obligation where the delay or failure results from circumstances beyond our reasonable control.

These circumstances may include:

natural disasters;
severe weather;
fire or flood;
war, terrorism or civil disturbance;
industrial action;
epidemics or public-health restrictions;
government action;
border or customs delays;
shortages of materials or components;
supplier failure;
international freight disruption;
courier or transportation disruption;
power, communications or internet outages; or
other events beyond our reasonable control.

If such an event prevents us from supplying an order for an extended period, we may cancel the affected portion of the order and refund any amount paid for products or services that will not be supplied.

18. Cancellation and Special Orders

You may request cancellation of an order before dispatch.

We will make reasonable efforts to accommodate the request, but cancellation is not guaranteed once an order has been accepted, ordered from a supplier, configured, customised or dispatched.

Special-order, customised and non-stock products may not be cancellable once we have committed to purchasing or manufacturing them.

If we agree to cancel such an order, we may deduct reasonable, unrecoverable costs that we have already incurred.

This section does not affect any statutory cancellation or refund right available to a consumer.

19. Retention of Title and PPSA

Where products are supplied before full payment is received, ownership remains with Keystone Labs until all amounts owing for those products have been paid.

For business customers receiving products on credit, these Terms may constitute a security agreement for the purposes of the Personal Property Securities Act 1999.

You agree to provide information and reasonable assistance required for us to register or maintain a security interest where reasonably necessary.

Nothing in this section applies in a manner prohibited by applicable consumer law.

20. Website Content and Intellectual Property

Unless otherwise stated, the content of keystonelabs.co.nz, including text, graphics, layouts, original photographs, product comparisons, articles and branding, is owned by or licensed to Keystone Labs.

You may use the website for personal or legitimate business purchasing purposes.

You must not, without our permission:

reproduce substantial portions of our original website content for commercial use;
misrepresent Keystone Labs content as your own;
interfere with the operation or security of the website;
attempt unauthorised access to accounts or systems; or
use the website for unlawful, fraudulent or abusive purposes.

Manufacturer names, trademarks, photographs, specifications and other third-party materials remain the property of their respective owners.

21. Reviews and User-Submitted Content

If you submit a product review, question, photograph or other material to our website, you confirm that:

you are entitled to submit it;
it is not knowingly false, defamatory, unlawful or infringing; and
it does not contain malicious code or inappropriate personal information.

You grant Keystone Labs a non-exclusive right to display and use that content in connection with our website and business.

We may moderate, decline or remove submitted content where reasonably necessary.

22. Privacy

We collect and handle personal information in accordance with our Privacy Policy and the Privacy Act 2020.

Our Privacy Policy explains how information may be used in connection with orders, accounts, deliveries, payments, support, warranty claims, marketing and website operation.

23. Fraud and Misuse

We may delay, decline or cancel an order where we reasonably suspect:

payment fraud;
unauthorised use of an account or payment method;
misuse of promotional codes;
false information;
unlawful activity; or
attempted abuse of our systems or policies.

Where an order is cancelled and we have received legitimate payment, we will refund the amount owing to the lawful payer, subject to applicable law.

24. Changes to These Terms

We may update these Terms from time to time.

The Terms applying to an order will generally be those in effect when the order was placed, unless a change is required by law or we expressly agree otherwise with you.

The current version will be published on our website with its effective date.

25. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be modified or severed to the minimum extent necessary.

The remaining provisions will continue in effect.

26. Waiver

If we do not immediately enforce a right under these Terms, this does not mean that we have waived that right.

27. Entire Agreement

Subject to rights that cannot legally be excluded, these Terms, the applicable order, quotation and any expressly incorporated policies or written terms constitute the agreement between you and Keystone Labs regarding the relevant transaction.

Any additional or inconsistent purchasing terms submitted by a business customer do not apply unless Keystone Labs expressly agrees to them in writing.

28. Governing Law

These Terms and all transactions with Keystone Labs are governed by New Zealand law.

You and Keystone Labs submit to the jurisdiction of the New Zealand courts and tribunals.

Nothing in this section restricts any right a consumer has to bring a claim before the Disputes Tribunal or another appropriate body.

29. Contact Us

If you have questions about these Terms, an order, return or warranty claim, please contact:

Keystone Labs Limited
Website: keystonelabs.co.nz
Email: sales@keystonelabs.co.nz