Terms & Conditions

Terms of Trade for Falcon Overland

1. Introduction

These Terms of Trade (“Terms”) apply to all sales of products (“Products”) by Falcon Overland (“we,” “us,” or “our”) to any customer (“you” or “your”). By purchasing our Products, you agree to be bound by these Terms.

Warranty

• Warranty Coverage: We warrant our Products in accordance with our Warranty Policy, which is incorporated into these Terms by reference. The Warranty Policy outlines the warranty period, coverage, and procedures for making a warranty claim.
• Warranty Limitations: The warranty is subject to the conditions and limitations set forth in the Warranty Policy. Please review the Warranty Policy carefully to understand your rights and obligations.

3. Limitation of Liability

• Limited Liability: To the fullest extent permitted by law, our liability is strictly limited to the repair or replacement of the Product as outlined in our Warranty Policy.
• No Liability for Damages: We shall not be liable for any consequential, indirect, incidental, or special damages, including but not limited to:
  • Damage to other property (e.g., your campervan or personal belongings).
  • Loss of use, income, or profits.
  • Downtime costs or claims of third parties.
• Maximum Liability: In any event, our total liability to you shall not exceed the purchase price of the Product.

4. Installation Requirements

• Qualified Installation: The Product must be installed by a person with approved training or certification in electrical installations.
• No Liability for Improper Installation: We shall not be liable for any damages or product failures resulting from improper installation by an unqualified person.
• Customer Responsibility: It is your responsibility to ensure that the installer is appropriately qualified and follows all installation instructions provided.

5. Maintenance Obligations

• Regular Maintenance: You are required to perform regular maintenance, including torquing all bolts every three (3) months with a calibrated torque wrench.
• Record-Keeping: You must keep records of all maintenance performed and provide them upon request when making a warranty claim.
• Effect of Non-Compliance: Failure to perform the required maintenance may void the warranty or limit our liability.

6. Exclusion of Implied Warranties

Except as expressly stated in these Terms or required by law, no other warranties, whether express or implied, apply to the Product. This includes any implied warranties of merchantability or fitness for a particular purpose.

7. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from:

• Improper Installation: Installation of the Product by an unqualified person.
• Failure to Maintain: Failure to perform required maintenance as specified in these Terms and the Warranty Policy.
• Misuse or Modification: Misuse, unauthorized modification, or alteration of the Product.

8. Product Use

• Intended Use: The Product is intended for use in accordance with the specifications and instructions provided by us.
• Assumption of Risk: Any use outside of these specifications is at your own risk and may void the warranty.
• Compliance with Laws: You must use the Product in compliance with all applicable laws and regulations.

9. Customer Responsibilities

• User Awareness: Ensure that all users of the Product are aware of and comply with these Terms and the Warranty Policy.
• Proper Use: Use the Product only for its intended purpose.
• No Unauthorized Modifications: Do not modify or alter the Product without our prior written consent.

10. International Sales and Liability

• Public Liability Insurance: Our public liability insurance covers New Zealand only.
• International Compliance: We do not accept liability for compliance with consumer protection laws outside New Zealand.
• Customer Due Diligence: International customers purchase our Products at their own risk regarding local consumer laws. It is your responsibility to ensure the Product complies with your local laws and regulations.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

12. Amendments

We reserve the right to amend these Terms at any time. Any amendments will be effective upon posting on our website or upon notification to you. Your continued use of the Product after any amendments constitutes your acceptance of the new Terms.

13. Entire Agreement

These Terms, together with our Warranty Policy, constitute the entire agreement between you and us regarding the sale of the Product and supersede any prior agreements or understandings.

14. Beta Products

• Assumption of Risk: By purchasing a Product designated as a “Beta Product,” you acknowledge and agree that you are purchasing a product that is in a beta development stage. Beta Products may contain defects or may not function as intended.
• Limitation of Liability for Beta Products: To the fullest extent permitted by law, we provide Beta Products “as is” and accept no responsibility for any product failures. You purchase and use Beta Products at your own risk, and we shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use the Beta Product.

Falcon Overland is committed to providing high-quality products and ensuring customer satisfaction. If you have any questions or require further clarification on these Terms or our Warranty Policy, please contact us at:

• Email: [email protected]
• Phone: +64 22 176 5040 (Available during New Zealand Standard Business Hours)