Terms of Sale

 

1. Use of Website

  • Revised Clause 1.6:
    "REKALL DYNAMICS controls and operates this Website from its headquarters in New Zealand. THE PRODUCTS ARE DESIGNED, MANUFACTURED, AND INTENDED FOR USE EXCLUSIVELY IN NEW ZEALAND, IN ACCORDANCE WITH NEW ZEALAND LAWS AND STANDARDS. THEY ARE OFFERED FOR PURCHASE GLOBALLY AT THE PURCHASER’S SOLE RISK, AND REKALL DYNAMICS MAKES NO REPRESENTATION THAT THE PRODUCTS ARE SUITABLE, LEGAL, OR SAFE FOR USE OUTSIDE NEW ZEALAND, INCLUDING IN THE UNITED STATES."

2. Products and Ordering/Payment Process

  • New Clause 2.19 (Insurance Disclaimer):
    "REKALL DYNAMICS DOES NOT CARRY PRODUCT LIABILITY INSURANCE OR ANY OTHER INSURANCE COVERAGE FOR THE PRODUCTS IN ANY JURISDICTION, INCLUDING NEW ZEALAND, THE UNITED STATES, OR ANYWHERE ELSE. BY PURCHASING, YOU ACKNOWLEDGE AND ACCEPT THAT NO INSURANCE EXISTS TO COVER ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM THE PRODUCTS, AND YOU ASSUME ALL RISKS ASSOCIATED THEREWITH."

3. Terms of Sale of Products

  • Revised Clause 3.5.1 (B2B and Consumer Waiver):
    "The parties expressly agree that they are dealing in trade and not as consumers. To the fullest extent permitted by law, the Purchaser contracts out of the Consumer Guarantees Act 1993 (NZ) and any other consumer protection legislation in any jurisdiction, including U.S. federal and state laws (e.g., the Magnuson-Moss Warranty Act or state consumer protection statutes). PURCHASERS OUTSIDE NEW ZEALAND, INCLUDING IN THE UNITED STATES, WAIVE ANY RIGHTS UNDER LOCAL CONSUMER LAWS AND AGREE THAT THESE TERMS GOVERN EXCLUSIVELY."
  • Revised Clause 3.5.3 (Warranty Disclaimer):
    "TO THE FULLEST EXTENT PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE,’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REKALL DYNAMICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, UNDER NEW ZEALAND LAW, U.S. LAW (INCLUDING THE UNIFORM COMMERCIAL CODE), OR ANY OTHER JURISDICTION’S LAW. THE PRODUCTS ARE DESIGNED FOR USE IN NEW ZEALAND ONLY, AND NO WARRANTY IS MADE REGARDING THEIR SUITABILITY OR SAFETY OUTSIDE NEW ZEALAND."
  • Revised Clause 3.5.4 (Compliance Responsibility):
    "The Purchaser is solely responsible for obtaining all necessary permits, licenses, or approvals required under any applicable laws and regulations relating to the purchase, import, export, or use of the Products. THIS INCLUDES, WITHOUT LIMITATION, COMPLIANCE WITH U.S. FEDERAL, STATE, AND LOCAL LAWS (E.G., SAFETY STANDARDS, ELECTRICAL CODES, OR CUSTOMS REGULATIONS). REKALL DYNAMICS MAKES NO REPRESENTATION THAT THE PRODUCTS COMPLY WITH ANY LAWS OUTSIDE NEW ZEALAND AND SHALL NOT BE LIABLE FOR ANY NON-COMPLIANCE."
  • Revised Clause 3.5.10 (Risk Assumption):
    "BY PURCHASING THE PRODUCTS, THE PURCHASER ASSUMES ALL RISKS, KNOWN OR UNKNOWN, ASSOCIATED WITH THEIR PURCHASE, INSTALLATION, AND USE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER IN NEW ZEALAND, THE UNITED STATES, OR ELSEWHERE. THE PRODUCTS ARE DESIGNED FOR USE IN NEW ZEALAND ONLY, AND ANY USE OUTSIDE NEW ZEALAND IS AT THE PURCHASER’S SOLE RISK. THE PURCHASER AGREES TO INDEMNIFY AND HOLD REKALL DYNAMICS HARMLESS FROM ANY CLAIMS ARISING FROM SUCH USE."
  • Revised Clause 3.6.2 (Safety Liability):
    "REKALL DYNAMICS ACCEPTS NO RESPONSIBILITY FOR ANY DAMAGE, INJURY, OR DEATH RESULTING FROM THE USE, MISUSE, OR INSTALLATION OF THE PRODUCTS, INCLUDING IN THE UNITED STATES. THE PURCHASER IS SOLELY RESPONSIBLE FOR ENSURING THE PRODUCTS ARE SAFE AND LEGAL FOR USE IN THEIR JURISDICTION, AND NO INSURANCE EXISTS TO COVER ANY RESULTING CLAIMS."
  • Revised Clause 3.5.14 (Liability Cap):
    "REKALL DYNAMICS’S TOTAL LIABILITY (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR OTHERWISE) FOR ANY CLAIM ARISING FROM THESE TERMS, THE PRODUCTS, OR THEIR USE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY THE PURCHASER. THIS LIMIT APPLIES GLOBALLY, INCLUDING IN THE UNITED STATES, AND NO INSURANCE EXISTS TO COVER ANY EXCESS CLAIMS. UNDER NO CIRCUMSTANCES SHALL REKALL DYNAMICS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES."

6. Disclaimers and Limitation of Liability

  • Revised Clause 6.3:
    "TO THE FULLEST EXTENT PERMITTED BY LAW, REKALL DYNAMICS, ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE), INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, OR ECONOMIC LOSS, ARISING FROM THE PURCHASE OR USE OF THE PRODUCTS, WHETHER IN NEW ZEALAND, THE UNITED STATES, OR ELSEWHERE. THE PRODUCTS ARE DESIGNED FOR USE IN NEW ZEALAND ONLY, AND NO INSURANCE COVERS ANY CLAIMS. PURCHASERS WAIVE ALL RIGHTS TO ASSERT CLAIMS UNDER U.S. LAWS, INCLUDING PRODUCT LIABILITY OR CONSUMER PROTECTION STATUTES."

7. REKALL DYNAMICS’s Remedies

  • Revised Clause 7.3 (Indemnification):
    "The Purchaser agrees to indemnify, defend, and hold harmless REKALL DYNAMICS, its affiliates, officers, directors, employees, and agents from any and all claims, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) breach of these Terms; (b) use or misuse of the Products, including outside New Zealand; or (c) third-party claims related to the Products, including in the United States. This indemnity applies regardless of the absence of insurance coverage."

10. Other Provisions

  • Revised Clause 10.12 (Governing Law and Jurisdiction):
    "THESE TERMS AND CONDITIONS, AND ANY DISPUTE ARISING FROM THE WEBSITE OR PRODUCTS, ARE GOVERNED EXCLUSIVELY BY THE LAWS OF NEW ZEALAND, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. BY PURCHASING, YOU IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF NEW ZEALAND COURTS AND WAIVE ANY RIGHT TO PURSUE CLAIMS IN ANY OTHER JURISDICTION, INCLUDING THE UNITED STATES, REGARDLESS OF WHERE THE PRODUCTS ARE DELIVERED OR USED. YOU AGREE THAT THIS CHOICE OF LAW AND FORUM IS FAIR AND REASONABLE GIVEN THAT THE PRODUCTS ARE DESIGNED FOR USE IN NEW ZEALAND ONLY."

11. Returns & Refunds

  • Revised Clause 11:
    "Returns and refunds are subject to the policy herein, which applies globally, including in the United States. NO ADDITIONAL RIGHTS UNDER U.S. CONSUMER LAWS APPLY, AND PURCHASERS WAIVE ANY SUCH CLAIMS. THE ABSENCE OF INSURANCE DOES NOT ENTITLE PURCHASERS TO ADDITIONAL REMEDIES BEYOND THIS POLICY."