1. Access to the Site. Registration is not required to place an order or to use the Site. Select portions of the Site offer expanded Services via the Web through a name/password protected system such as without limitation the Web Services Applications.
Your username and password are referred to as your "Identification." Your Identification must be accurate, current, and complete, and you may not provide false information to MyGrid or impersonate another individual or entity. You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. MyGrid will be entitled to monitor your Identification and, at its discretion, require you to change it. Please contact MyGrid immediately if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while MyGrid strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.
2. Intellectual Property. The Services, the Site, and all information, Web Services Applications, Software, data, the MyGrid product database, printed and electronic documentation, content that you see, hear or otherwise experience on the Site, and all compilations thereof (the "Content") are protected by international copyright, trademark and other laws, and belong to MyGrid or its partners, affiliates, licensors, suppliers, contributors, or third parties.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
MyGrid may prohibit or limit your use of the Site including without limitation the Services at any time at its discretion.
4. Additional Disclaimers. Without limiting the disclaimers set forth above:
a. Technical Assistance. MyGrid offers its technical assistance solely as a convenience to MyGrid customers. MyGrid technical assistance personnel strive to provide useful information regarding the Products. MyGrid does not guarantee that any information or recommendation provided is accurate, complete, or correct, and MyGrid shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analysing and determining the appropriateness of any information or recommendation provided by MyGrid technical assistance personnel, and any reliance on such information or recommendation is at your sole risk and discretion. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and MyGrid does not guarantee that such information or recommendations are accurate, complete or correct.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MyGrid therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MyGrid does not, however, guarantee that any errors, inaccuracies or omissions will be corrected and is not obligated to make such corrections.
c. Third Party Links and Promotions. Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by MyGrid of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that MyGrid is not responsible for the availability of any such websites and that MyGrid does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other website.
Any dealings with third parties (including advertisers) included within or available via a link from the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MyGrid is not responsible or liable for any part of any such dealings or promotions.
d. Geographic Limitations on Use. Like most Internet websites, this Site is accessible worldwide. However, not all Products or Services offered by MyGrid are available to all persons or in all geographic locations. MyGrid reserves the right to limit the provision of its Products and Services to any person, geographic area, or jurisdiction and to limit the quantities of any Products or Services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
e. Colour Display. MyGrid attempts to display as accurately as possible the colours of the Products shown on the Site. However, because the colours you see will depend on many factors, including your monitor or printer, MyGrid cannot guarantee that the colour you see matches the Product colour.
5. Limitation of Liability. IN NO EVENT SHALL MYGRID OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO: (II) THE SITE, THE SERVICES, OR THE CONTENT, OR YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, (II) ANY TRANSACTION OR COMMUNICATIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT; EVEN IF MYGRID OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF MYGRID AND ITS SUPPLIERS RELATING IN ANY WAY TO THE SITE, THE SERVICES, OR THE CONTENT EXCEED $100 OR THE MINIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW, WHICHEVER IS GREATER, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
Any cause of action against MyGrid or its suppliers with respect to the Site, the Services, or the Content must be instituted within one (1) year from the date on which the claim arose. Depending on your geographical location the limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.
You agree not to use the Site in any manner that violates any laws or infringes the intellectual property of, or interferes with the rights of, third parties. You may not take any action that imposes, or may impose in MyGrid’s sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any robot exclusion headers or other measures MyGrid may use to prevent or restrict access to the Site.
8. Use of Communication Services. In future the Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
MyGrid has no obligation to monitor the Communication Services. However, MyGrid reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MyGrid reserves the right to terminate your access to the Site, Services, Content, and any or all of the Communication Services at any time without notice for any reason whatsoever. MyGrid reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MyGrid's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. MyGrid does not control or endorse the content, messages or information found in any Communication Service and MyGrid specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
9. User Supplied Information. MyGrid does not claim ownership of the materials you provide to MyGrid (including feedback and suggestions) or post, upload, input or submit to Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MyGrid, its affiliated companies and sublicenses a royalty-free, irrevocable, perpetual, worldwide license to your Submission including, without limitation, the rights to use, copy, distribute, transmit, publicly, publicly perform, reproduce, translate, reformat or otherwise edit or modify, display and create derivative works from this material, in any and all media whether known now or later developed, in any manner, in whole or in part, without any restriction or responsibilities to you, and to publish your name, likeness, pseudonym, or other identifier in connection with your Submission.
All orders placed with MyGrid, and through any webstore that may be branded using the names of other entities and embedded in the websites of those other entities, are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of these Conditions of Order will prevail and such terms will be the sole terms governing the order.
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment and shipping address before processing your order. Your placement of an order with MyGrid is an acceptance of MyGrid’s offer to sell our Products, subject to availability and pursuant to the terms contained in these Conditions of Order. MyGrid, at its discretion, may complete your order by processing your payment and shipping the Product, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the Product has been shipped. If we decline to complete your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
2. Quantity Limitations. MyGrid may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. MyGrid may reject any order, or any part of an order.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that MyGrid will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of MyGrid.
4. Pricing and Product Information. MyGrid purchases all Products directly from their respective original manufacturer or resellers authorized by the manufacturer.
MyGrid makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to MyGrid's completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with MyGrid, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, MyGrid will issue a credit to your credit card in the amount of the charge. All prices are in New Zealand dollars.
5. Payment. MyGrid offers the following payment methods:
We offer check, MasterCard, VISA, American Express, (Through our PayPal service) and Direct Credit.
Payment must be made in New Zealand Dollars.
6. Shipping Charges. Except as otherwise provided on the Site, (1) shipping or freight charges and insurance will be paid by the customer.
Shipments of excessive weight or size may require additional charges. MyGrid will notify you prior to shipment if these conditions exist.
For International Shipments: Availability of ship methods is dependent on the destination country. Except as otherwise provided on the Site, (1) the shipping costs will be prepaid and added to your order, and (2) all import licenses, duties, tariffs, taxes and brokerage fees will be your responsibility. International Shipping Rates
7. Handling Charge. There is no minimum order or handling fee.
8. Taxes. Except as otherwise provided on the Site, prices shown include 15% GST
9. Late Payments; Dishonoured Checks. You shall pay to MyGrid all costs incurred by MyGrid in collecting on any dishonoured check or on any past due amount from you, including all court costs, collection costs, and attorney's fees.
10. Out of Stock. If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment.
11. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a MyGrid Customer Service representative immediately to initiate a claim.
12. Return Policy. In most cases, MyGrid will accept merchandise returns subject to the terms outlined in this Section 13 and will replace the Product or refund your money at its discretion.
To facilitate processing of returned merchandise:
For all returns not relating to manufacturers' warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.
All ESD sensitive devices will undergo incoming inspection ESD product that has not been handled according to the standard will not be eligible for credit.
Return freight charge must be prepaid. Products returned solely due to customer error may be subject to a restocking charge.
To the extent that MyGrid purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancellable/Non-Returnable.
"Not-In Catalogue Items" and parts specified as "Non-Cancellable/Non-Returnable" at time of quote or sale are not returnable for reasons other than manufacture fault.
Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a Customer Service representative for details.
By returning any product to MyGrid, you represent and warrant that the returned product was purchased from MyGrid, is not counterfeit or otherwise non-conforming, and does not violate the MyGrid Counterfeit Policy. You also agree that MyGrid may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event MyGrid determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, MyGrid may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.
13. No Use as Critical Components. Products sold by MyGrid are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY AND DEFEND MYGRID AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.
14. Product Warranty.
a. General Product Limited Warranty. MyGrid agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties MyGrid receives from manufacturers with respect to the Products sold by MyGrid to you. COPIES OF SUCH MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING MYGRID.
In the event that a product sold by MyGrid has no manufacturer’s Warranty or the manufacturer’s warranty is of a period of less than one year MyGrid offers a 1 year warranty. This Warranty shall not cover defects and/or failures of the product(s) caused by any external source outside of manufacture default (at MyGrid’s sole discretion).
b. MyGrid 25 year transferrable power output warranty on PV Modules. Subject to MyGrid’s determining in its sole discretion that any power loss is due solely to defects in materials or workmanship, MyGrid warrants the power output of each type of PV Module(s) MyGrid warrants that if, (a) within the first ten (10) years from the date of sale to the Customer, the PV Module(s) exhibits a power output of less than ninety percent (90%) of the original minimum rated power specified at the time of sale*, or (b) within twenty five (25) years from the date of sale to the Customer, the PV Module(s) exhibits a power output of less than eighty percent (80%) of the original minimum rated power specified at the time of sale*, MyGrid will deliver additional PV Module(s) to replace the missing power output, or repair the PV Module(s), or replace the PV Module(s) with equivalent PV Module(s), at MyGrid’s sole discretion. The period of the output warranty for these additional or replacement module(s) will be equal to the remainder of the warranty period of the originally supplied modules(s).
*The power output values shall be those measured under the manufacturer’s standard test conditions for the stated minimum output values of the modules.
No claim based on this Warranty may be brought after the applicable warranty period. Any delivery of additional PV Module(s) or the repair or replacement of the PV Module(s) shall not extend the original terms of this Warranty. This warranty is transferable and will be honoured upon re-sale of PV Modules providing the terms and conditions outlined in this section 14 of the conditions of sale are met.
This Warranty shall not cover defects and/or failures of the PV Module(s) caused by any external source outside of manufacture default (at MyGrid’s sole discretion) even though such defects and/or failures are discovered within the applicable warranty period. Causes include but are not limited to:
Warranty claims will not be honoured if and when the manufacturer’s label or serial number of the PV Module(s) has been altered, deleted, removed or made illegible. MyGrid will not warrant either in cases where the model name or type, the date of sale to the original customer or the name of the original customer is unidentified.
c. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 14, (i) MYGRID MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND (ii) MYGRID EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. MyGrid shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by MyGrid to you subject to any and all applicable intellectual property rights and user licenses. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Without in any way limiting the generality of the foregoing:
d. Technical Assistance. MyGrid offers its technical assistance solely as a convenience to MyGrid customers. MyGrid technical assistance personnel strive to provide useful information. MyGrid does not guarantee that any information or recommendation provided is accurate, complete, or correct, and MyGrid shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analysing and determining the appropriateness of any information or recommendation provided by MyGrid technical assistance personnel, and any reliance on such information or recommendation is at your sole risk and discretion. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and MyGrid does not guarantee that such information or recommendations are accurate, complete or correct.
No Other Warranties. Except for a duly-authorized representative of MyGrid making an additional warranty in writing, no employee or agent of MyGrid or any other party is authorized to make any warranty in addition to those made in this Section 14.
e. Limitation of Liability. IN NO EVENT SHALL MYGRID BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT, EVEN IF MYGRID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF MYGRID RELATING IN ANY WAY TO ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Given your location the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.
15. Force Majeure. MyGrid will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labour disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. MyGrid's time for delivery or performance will be extended by the period of such delay or MyGrid may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
16. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of New Zealand shall apply to these Conditions of Order, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order.
17. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MyGrid of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of MyGrid. These Conditions of Order and the subject matter that they cover including without limitation the purchase of Products do not create any joint venture, partnership, employment, or agency relationship between you and MyGrid or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
18. Changes to the Conditions of Order. MyGrid reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of products, and your purchasing of products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. In the event that a change or update is made to these Conditions of Order, the "Date of Last Modification" will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails that MyGrid may in its discretion send notifying you of changes to this Conditions of Order and/or other MyGrid policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Conditions of Order to the contrary, MyGrid may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and MyGrid.