Terms & Conditions

Important: Terms and Conditions of Use of this Website

By using this website you agree to be bound by these conditions. If you do not agree with them, you are not authorised to use the website.

This website and its contents are subject to copyright which is owned by NZ DEPOT or a third party. NZ DEPOT does not grant you any intellectual property rights in this website, its applications, interface or contents. You must not use any trademark displayed on this website.
We do not warrant the accuracy or completeness of any information you derive from this website and we exclude liability for loss or damage arising from any errors or omissions in this website or your use of this website (including any interference with or damage to your computer system). If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.
You release NZ DEPOT, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website.
Prices listed on this website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by NZDEPOT. We make no representation that the products listed on this site are currently available at any or all of our locations. For full details of product information, product price, and conditions contact us at NZDEPOT at info@nzdepot.co.nz.
This website may contain links to external Internet websites. NZ DEPOT does not sponsor, guarantee or approve of any material or representations in those websites. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements.
Links to this site are permitted, provided the full HTML page is loaded. Links to individual graphics or to areas that are considered “security areas” that bypass any security protection or password protect that NZ DEPOT establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us.
You must only use this website, and you must only display, copy, distribute download and print portions of this website for your own personal use. You must not attempt to change, reproduce, add to, remove, hack or interfere with this website or its material.
We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website. This website may be inaccessible from time to time due to events outside NZ DEPOT’s control or maintenance requirements.
If we collect your personal information, we do so subject to the terms of our Privacy Policy, details of which are at https://nzdepot.co.nz/privacy-policy
NZDEPOT offers you access to this website and the functionality attached to this website but reserves the right to charge a fee for this service in the future (no fee is currently applicable).
We may use cookies to gather data in relation to this website and you consent to us doing so (although you may be able to disable cookies on your web browser).
These conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand.

> Fraud, Scam, Invoice Fraud or Misleading or Altered receipts from Customer/Buyer:

Customer/buyer will be charged and action will be taken.

1. Police report, Cert.govt.nz report and media.
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2. The legal fees / lawyer cost will be involved.
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3. Debt collection fees 20% with their admin fees will be involved.
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3. Full invoice payment or 20% Restocking Fees for the un-opened untouched item or 50% Restocking Fees for Used and acceptable item + Shipping Charges will apply.

The Customer/buyer will pay interest on the order outstanding amount at the rate of 5% per month.

Please Note: Regular/Normal terms and conditions will not apply for this customer/buyer category.

Conflicts or Legal Hearing:

All the legal hearing will be done in Manukau-Auckland Only.

-Payment Terms:

Account Name: NZ DEPOT Limited

Account Number: 01-0190-0658662-00

Reference: “Invoice Number or Order Number”

Note:

Please always check the stock availability before creating any order. After the order created, the Customer may need to wait for the next stock availability.

NZ DEPOT will not refund the total amount of the order created without Stock Level Check, the button you will find on each product page.

High Wall Heatpump: 50% deposit is required to secure the installation booking with the balance of 50% payable upon completion of the job. (NZ DEPOT Service Only Quotation / Invoice Only)

Ducted System: 80% deposit is required to secure the installation booking with the balance of 20% payable upon completion of the job. (NZ DEPOT Service Only Quotation / Invoice Only)

We collect 100% Payment for Online Orders.

* After accepting the Quotation, the Customer can not Change, Replace or Exchange the units.

Change, Replace or Exchange of Unit Price: 20% restocking fees and shipping charges will be added on Invoice on top of the amount of the quotation / invoice.

Refer to the https://nzdepot.co.nz/delivery-and-returns

We Accept Internet Banking Transfer or Cash.

For Credit Card payments, It will be 3% will be added on top.

The interest of 5% will be added to any invoices not paid within 7 days of issue.20%

Installation

when you select your city on the product page it will give you back-to-back installation within 3 meters and fetch power to the nearby power supply within 3-4 meters with PVC legs for the outdoor unit. Anything extra you need to run the copper pipe, It will be $55 per meter of copper pipe and any additional service or material or labour required.
12 months workmanship warranty by the installer.
-Workmanship Warranty Add-ons – ($150/2yrs, $250/3yrs)
-Code of Compliance will be given
-5 years of Manufacturing Warranty
-Workmanship Warranty: 12 Months from the Invoice date.
Ownership of goods does not pass to the purchaser until payment made in full.
All the relevant documents will be emailed/handed over after the full and final payment.
We reserve the right to charge interest of 15% on late payments.
All the legal hearing will be done in Manukau-Auckland Only.
After one reminder, the Invoice will be referred to collection agencies or Baycorp or Marshall Freeman.
The Person/Owner accepts the quotation is hereafter referred to as the Guarantor.
Post Installation, If any issues with the installation or with the product and the Customer request a site visit for any issues with the product or service has been done then the technician may site visit or/and try to fix the issue over the phone which will be free as the workmanship comes under 12 months workmanship warranty. If the technician visits and found that the cause was unrelated to the service or product we provide then the customer will be invoiced for a site visit such as (Call-out fees: $100.00 + $40.00/hr + Material cost + Travel Charges plus GST ).
For WiFi options or remote configuration, the company are not responsible for setup, Customer needs to go through the manual and applies.

GENERAL TERMS OF TRADE

These General Terms of Trade apply broadly to all transactions between us. Documents issued by us in regards to a transaction will identify, if necessary, special terms and conditions.

Interpretation

“Good faith” means honesty in fact in the conduct or transaction
concerned and is a notion that is extended to include negotiations precedent or subsequent to this agreement.
“Business Day” means any day other than a Saturday, Sunday, or
public holiday.
Time is of the essence as it pertains to the performance of its
respective obligation under this Agreement and the transaction
contemplated and is a primary consideration when interpreting the reasonableness of time in a particular situation.
Reasonable Time. Whenever the Agreement between us requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by our consent. What is reasonable time for taking any action depends on the nature, purpose and circumstances of such action.
Description of the Parties
We are the “Seller”, that is, the person who sells or contracts to sell goods or services.
You are the “Buyer”, that is, the person who buys or contracts under authority of another, whether expressly or impliedly, to buy goods or services.
“Guarantor” means that person who has furnished, under a separate agreement, an undertaking in favour of us stating that your performance under this Agreement will be discharged to the our full satisfaction. There is no obligation imposed upon us to keep a Guarantor or Guarantors, as may be required from time to time, informed as to your performance or non-performance hereunder.
The Subject Matter to be Supplied
“Goods” means those things which are moveable and have been
identified or referenced in some way by the Parties and are for use primarily in the commercial context, including certificates or coupons exchangeable for such goods, and including goods, which at the time of sale or subsequently, are to be affixed to real property whether or not severable therefrom. Goods must be both existing and identified before any interest in them can pass.
“Services” means work, skill, labour and services, including, but not limited to, services furnished in connection with repair, alteration, or improvement of a premises, or services furnished in connection with the sale or repair of goods. The supply of services may be based upon a supply of goods component or vice versa. The transactions contemplated hereunder may be for the supply of goods or services or may be some combination of both.

Payment

1. The buyer must pay the price indicated on the invoice for the
goods or services issued by the seller. Any price estimate or quote made by the seller or any agent or employee of the seller or contained in advertisements, catalogues, price lists or other
similar matter, is not binding on the seller and the buyer accepts
and acknowledges that the price of the goods and services will be that as set out in the seller’s invoice. However, if the buyer
satisfies the seller that the price on the invoice is an error then the seller will reissue the invoice showing the correct price.
2. The seller reserves the right, on giving prior written notice to the buyer, to vary the price of the goods or services ordered by the buyer, between the date of the buyer’s order and the date of
delivery to take account of things such as (but without limitation):
(a) any increase in labour costs, costs of materials or services;
(b) change in exchange rates.
3. The seller’s prices are quoted exclusive of taxes, duties and other imposts which, if chargeable, are payable by the buyer whether they are imposed or brought into force before or after acceptance of the buyer’s order.
4. The seller may charge the buyer a handling fee as may from time to time be specified in the seller’s price lists. Such handling fees will be shown on the invoice for the goods or services.
5. The buyer agrees to pay on demand all costs (including, without limitation, legal fees as between solicitor and own client) incurred by the seller or the seller’s agents relating to the recovery of any amounts payable by the buyer to the seller under the agreement.
6. Without prejudice to any other remedies the seller may have for any overdue payment, the seller may charge on a daily basis to the buyer interest at a rate equal to 5% per annum over the
seller’s principal banker’s overdraft rate from time to time, from the due date for payment until the overdue amounts are paid.
Interest will accrue after as well as before judgment which the
seller may obtain against the buyer.
7. All payments by the buyer must be made in full without any
deduction or right of set off or counter claim.
8. Without prejudice to any other remedies which the seller might have:
(a) failure by the buyer to pay for goods in accordance with the
agreement; or
(b) failure by the buyer to otherwise comply with the terms of the agreement; or
(c) if the seller deems the buyer’s credit to be unsatisfactory,
will entitle the seller to cease supply of future goods or services to the buyer and cancel any current orders for sale of goods. Upon such cancellation and without prejudice to any other remedies which the seller might have, all credit in favour of the buyer will cease and all payments outstanding will become immediately due and payable to the seller. The seller may also take possession of such item of goods and otherwise exercise in relation to the goods any of its rights whether those rights are as owner and/or unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute or in any other way.
9. In accepting any payments from the buyer, the seller will not be bound by any conditions or qualifications or terms which the
buyer may have attached to those payments.

Delivery
1. Delivery is deemed to be made:
(a) when the buyer or the buyer’s agent is given possession of
the goods at the seller’s premises or elsewhere (loading is
then at the buyer’s risk); or
(b) when the goods arrive at the buyer’s premises (unloading is
then at the buyer’s risk);
whichever is the earlier.
2. On delivery:
(a) the goods are at the buyer’s sole risk; and
(b) insurance is the buyer’s responsibility.
3. The seller will choose the carrier and method of transportation of the goods, unless otherwise agreed in writing by the seller. The seller will dispatch the buyer’s order for goods in one delivery or by instalments (where the seller accepts an order which provides for delivery by instalments). Failure to deliver any instalment will not entitle the buyer to refuse to accept delivery or any remaining instalments.
4. Where the buyer requests a particular method of delivery and if the seller agrees (in writing) then the buyer will cover the cost of delivery by that method from the point of dispatch of the goods or service by the seller.
5. Any quotations of delivery times agreed by the seller are made in good faith but are estimates and not commitments and no delay in delivery will entitle the buyer to refuse to accept delivery or cancel its order.

6. we do not provide shipping services to forwarding addresses. Our shipping is limited exclusively to Australian or New Zealand residential and commercial addresses, where the recipient either resides or conducts business. In the event that an order is placed with a freight forwarder and it is determined that the designated recipient does not have a bona fide connection to the specified location, we will initiate a refund process. Please note that any fees associated with third-party payment gateways utilized during the checkout process will not be eligible for a refund.

Shortages
Liability for shortages in the quantity of the goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the buyer gives written notification of the shortage in writing within seven days of the delivery and gives the seller reasonable opportunity to take all necessary steps to investigate the claim.

Retention of Title
1. It is expressly agreed that ownership is reserved and legal and
equitable title to and property in all goods supplied by the seller is and remains vested in the seller until payment in full has been
received by the seller in respect of such goods and all other moneys owing by the buyer to the seller.
2. Until the buyer has paid the seller in full for the goods the buyer must not sell (unless such sale is in the ordinary course of the buyer’s business), dispose of, do anything that would render the goods liable to be seized or distrained and must not grant a
security interest or lien over the goods. However, if the goods
sold in the ordinary course of the buyer’s business, the buyer
must, if the buyer has not already paid the seller for the goods,
hold the proceeds of sale of such goods on trust for the seller and separate from the buyer’s own money and immediately pay such proceeds to the seller on request.
3. Unless the buyer has sold the goods in the ordinary course of its business, the buyer will store the goods in such a way that it is clearly identified as the property of the seller and keep the goods in good order and condition.
4. For the purpose set out in clause 9 or for the purposes of
inspecting each item of goods or ensuing due compliance by the
buyer with the provisions of the agreement the seller and its
agents are irrevocably authorised to enter any premises where
the seller believes the goods may be, which may include the
premises of any other party. The buyer will indemnify the seller
on demand in respect of any cost or liability incurred by the seller in exercising its rights under this clause.

Seller’s Liability and Maintenance Guarantee

1. The buyer acknowledges that it must rely upon its own judgment as to the nature, quality and condition of the goods supplied by the seller and as to their sufficiency for any use or purpose and the buyer acknowledges that the seller is under no duty to ascertain the suitability of the goods for any purpose whatsoever and that no such representation has been made by the seller.
2. In the case of goods not manufactured by the seller, the buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the manufacturer of the goods. The seller will not be liable for consequential or other damages.
3. Any warranties expressed or implied by law or statute, in respect of the goods whether in respect of quality, fitness for intended purposes or otherwise, are excluded to the extent that such law or statutes permits exclusion.
4. If the goods are manufactured by the seller and if the seller is
otherwise ever liable to the buyer, the liability of the seller, arising from any defect or non-compliance of the goods is, subject to the Consumer Guarantees Act 1993, limited to the replacement or repair of the goods within the guarantee period if stated by the seller, or otherwise within 12 months of the date of delivery of the goods provided that the liability of the seller is in all cases limited to the amount of the invoice price of the goods. At the termination of the relevant guarantee period all lability on the seller’s part ceases.
5. The liability of the seller under clause 4 does not cover:
(a) any defect caused or contributed to by the buyer; or
(b) any attempt to repair the defective goods, where such repair
is done by any person or persons not authorised by the
seller to make repairs.
6. If the seller elects to replace any defective goods, the buyer will be responsible at its cost and at its risk for shipment of the
defective goods to the seller’s premises.
7. The seller’s liability under clause 4 is for the benefit of the buyer only and the seller has no liability to any purchaser of the goods from the buyer. The buyer will indemnify the seller against any claims by the buyer’s employees, agents, purchasers or other persons in respect of any loss, damage or injury arising from any
defect or non-compliance of the goods.
8. If the buyer is acquiring the goods for the purposes of a business, then all the guarantees and remedies in the Consumer
Guarantees Act 1993 are excluded.

Personal Property Securities Act
1. The buyer grants to the seller a security interest in the goods and the proceeds of the goods and the buyer acknowledges that the agreement creates a purchase money security interest in the
goods and the proceeds of the goods. The buyer will, if the seller
requests, sign any documents (including any new agreements),
provide all necessary information and do anything else required
by the seller to ensure that the seller’s purchase money security
interest is a perfected security interest.
2. The buyer will not enter into any security agreement that permits any other person to register any security interest in respect of the goods or the proceeds.
3. If the goods are for the buyer’s business use the buyer agrees, to the extent Part 9 of the PPSA applies, that it will have no rights under Part 9 (Enforcement) of the PPSA. For example, but without limitation:
(a) the buyer will have no rights under sections 114(1)(a) (to
receive a notice of sale), section 117(1)(c) (relating to
distribution of surplus), and section 133 (reinstating the
agreement);
(b) the buyer waives its rights under section 116 (to receive
statement of account), section 119 (to recover surplus) and
sections 120(2) and 121 (to receive notice of any proposal to
retain the goods and object to any proposal).
4. The buyer waives its right under the PPSA to receive a copy of
any verification statement or financing change statement.
5. The buyer agrees that where the seller has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

6. For the purpose of this clause “PPSA” means the Personal
Property Securities Act 1999.
7. The expressions “personal property”, “purchase money security
interest”, “security agreement”, “security interest”, “perfected
security interest”, “verification statement” and “financing change
statement” have the meanings given to them under, or in the
context of the PPSA.

General
1. The seller may, and the buyer may not, vary or replace the
agreement and it will be a condition of the seller continuing to
supply goods to the buyer that the buyer agrees to sign any
variation or replacement of the agreement if required by the
seller.
2. To be effective, any waiver of any or all of the terms and
conditions in the agreement by the seller must be in writing.
3. The buyer may not assign all or any of its rights or obligations
under the agreement without the prior written consent of the
seller.
4. The seller is not bound, unless otherwise stated in the agreement, by any error or omission on any invoice, order form or other document or statement issued by the seller.
5. Where the seller has rights and remedies at law or otherwise in addition to the rights set out in the agreement, those rights and remedies will continue to apply.

Access
The buyer irrevocably permits the seller or any person authorised by the seller in writing, upon giving reasonable notice to enter any premises where the goods are reasonably believed to be held. The buyer also agrees to indemnify and hold the seller harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of goods the subject of this Agreement.

The effects of statutory provisions
Nothing in this provision purports to operate to exclude statutory provisions where it is an offence to do so or if it renders these terms and conditions invalid.

Notices
Notices, demands, or requests provided for or permitted to be given must, at all times, be in writing and may be given to the address identified on the most recent transaction document by—
• Personal Delivery
• Express or Registered Post with delivery confirmation
• Facsimile Transmission with receipt confirmation

Privacy Act and Credit Information
The buyer and the Guarantor jointly and severally acknowledge and agree that the seller is authorised to make approaches to any credit reporting agency to obtain a report about the creditworthiness of either the Buyer or the Guarantor or both.
The buyer and the Guarantor jointly and severally authorise the seller to engage in the exchange of information with a credit reporting agency or with other such parties as are necessary to give effect to the contract and to the ongoing relationship between the parties hereto.
The buyer and the Guarantor jointly and severally acknowledge that the information referred to in the previous paragraph may include information about the creditworthiness, credit standing, credit history, credit capacity, and credit providers of either the Buyer or the Guarantor or both.

Shipping Unit / Goods

– Please make sure someone be at the shipping address to receive goods. The courier company will charge another shipping charges to us for a failed delivery, Which NZ DEPOT will pass extra charges on to the customer.

– The delivery driver may contact you via phone call or text prior to the delivery.

Heatpump Installation Addons on the Product page:

Try your best to choose the estimate option for “With Installation”,

Please note:

For Installation Addon selection: You can try your best to select from the product page, which brand and model are you looking for, where you can find and select your city of installation and try your best to select the option you require and create an order when you are done. If any additional unforeseen circumstances occur, the technician will discuss with you at the site/installation date and will let us know if there is any additional cost involve or not, if it does the technician will let us know and you can pay us on our bank account deposit / Credit Card from NZ DEPOT Service Invoice on standard price. Our aim is to provide the customer with the best service with the affordability of units and we are compromising on the margin as lowest as possible.
All our Addons like the Installation service on the product pages are a separate entity from the product itself, If somehow the customer would like to cancel the installation service or any addons, We can refund, exchange the main product itself. In that case, the customer will keep the Unit and by the terms and condition we can sort out the Installation addon cancellation process. If the customer would like to get a refund or exchange on the unit, They may refer to the terms and condition for “Delivery & Returns” process.

Options Available on Product page:

By The Terms and Condition: You agreed that when you select your city, you will get back to back installation price included. If any additional unforeseen circumstances occur, the technician will discuss with you on the site and it will be invoice by the standard pricing. No replace, exchange or refund for wrong model orders. Terms and Conditions will apply. Read more: https://nzdepot.co.nz/terms-of-use/

Summary:

When you select your city on the product page, you will get back to back installation cost.

: PRICE INCLUDES:
* back to back installation.
* 3 meter copper pipe.
* PVC Legs.
* Even ground level and fetch power to the nearby socket. (for 5kWs or below)

Any unforseen will be extra, Invoice by the standard pricing.

Unforseen example: Dedicated power supply, Bends, Flexys, Slabs, Underground work, Ceiling work, Upgrade MCBs, Second Storey etc…

Terms of Trade

All goods and services are supplied on the following terms:
1 Ownership
1.1 Ownership and title to all goods remains with NZ DEPOT/ Xabi and does not pass to the customer until payment is made in full 2 Prices
2.1 All goods and services will be charged at rates applicable at the date of billing. The customer must pay the prices charged.
2.2 Unless otherwise stated all prices are exclusive of GST and other taxes which must be paid by the customer.
2.3 NZ DEPOT/ Xabi reserves the right to amend any discount structure applying to your account at any time, without notice to you.
2.4 NZ DEPOT/ Xabi may require a deposit of some or all of the value of the work and services applied.
2.5 The customer must pay freight costs and insurance charges and for the time spent by NZ DEPOT/ Xabi in travel to and from the job, as well as time
spent in the acquisition of materials required.
3 Payment
3.1 NZ DEPOT/ Xabi will invoice the customer for all sales and services.
3.2 All accounts are payable on the 20th of the month following the invoice date (“due date”), except where NZ DEPOT/ Xabi has agreed in writing that
other payment terms shall apply.
3.3 If payment is not made by the customer on the due date, NZ DEPOT/ Xabi may suspend or terminate the supply.
3.4 Payment of all accounts is to be made in full without any set-off, deduction or counterclaim.
4 Delivery
4.1 Delivery occurs at the time possession of the goods passes to the customer or to a person nominated by the customer.
4.2 The risk in goods passes to the customer on delivery.
5 Bailment
5.1 Any items left with NZ DEPOT/ Xabi for service, repair or storage shall be held by Xabi as bailee in possession.
5.2 The risk of damage of any such items shall remain at all times with the customer and the customer is required to maintain insurance
policies over those items while they are in NZ DEPOT/ Xabi’s possession.
5.3 If the customer defaults in payment of the costs of service and/or repair, NZ DEPOT/ Xabi shall be entitled to, having provided written notice to the
a customer at their last known address, cancel the bailment, take possession of and sell the items and direct the proceeds of such sale to the
recovery of all costs incurred by NZ DEPOT/ Xabi, including the costs of repair, debt collection commission
and or legal fees (on a solicitor-client basis) and any other costs incurred by NZ DEPOT/ Xabi whatsoever as a result of the default.
6 Site Access
6.1 The customer will provide NZ DEPOT/ Xabi with full access to all areas required to carry out the services, and will ensure that the worksite is safe and
secure.
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6.2 If NZ DEPOT/ Xabi believes the worksite is unsafe they can suspend all work on the site until the site is made safe.
7 Personal Property Securities Act 1999 (PPSA)
7.1 All terms in this clause 7 of these Terms of Trade have the meaning given in the PPSA, and section references shall be to sections of the
PPSA.
7.2 Clause 1 of these Terms of Trade creates a security interest in all present and after-acquired goods of the customer and their proceeds.
7.3 The customer consents to NZ DEPOT/ Xabi registering on the Personal Property Security Register (“the PPSR”) a general security interest over all the
customer’s assets, and a security interest over all goods supplied by NZ DEPOT/ Xabi.
7.4 The customer waives its rights under sections 114(a), 116, 117, 119, 120(2), 121, 125, 129, 131, 132, 133, 134 and 148.
7.5 If requested by NZ DEPOT/ Xabi, the customer will promptly execute any documents, provide all the necessary information and do anything else
required by us to ensure that the security interest created under this Agreement constitutes a preferred security interest in the goods and their
proceeds which will have priority over all other security interests in the goods.
7.6 The customer will pay NZ DEPOT/ Xabi all fees and expenses incurred by Xabi in relation to the filing of a financial statement or financing the change
statement in connection with these terms.
7.7 The customer will give NZ DEPOT/ Xabi prior to written notice of the proposed change in the customer’s name or address.

8 Default
8.1 The security interest created by clauses 1 and 7.3 of these Terms of Trade becomes enforceable if any of the following events occur:
(a) The customer fails to pay any money owing on the due date;
(b) The customer sells, parts with possession leases or disposes of any goods or does anything inconsistent with NZ DEPOT/ Xabi’s ownership of the
goods prior to making a full payment;

(c) NZ DEPOT/ Xabi believes the customer has committed or will commit an act of bankruptcy, has had or is about to have a receiver appointed, or is
declared insolvent;
(d) The goods are at risk, as that term in is defined in the PPSA;
(e) Any other of the events provided for the PPSA applies.
8.2 In addition to rights conferred by part 9 of the PPSA, NZ DEPOT/ Xabi may take possession of any goods and may enter any premises, whether or not
the occupier is present in order to take possession of goods pursuant to this clause.
9 Costs
9.1 The customer must pay all of NZ DEPOT/ Xabi’s costs of and incidental to the enforcement or attempted enforcement by NZ DEPOT/ Xabi of its rights, remedies
and powers under these terms, such costs to include debt collection and legal costs (as between solicitor and customer) on a full indemnity
basis.
10 Limits
10.1 NZ DEPOT/ Xabi may restrict the amount of credit provided to the customer and may change that limit from time to time without prior notice.
10.2 The customer agrees that where it has obtained credit in excess of any limit noted on the application or imposed by NZ DEPOT/ Xabi, the customer
will be liable in full for payment of any amount owing in excess of that limit.
11 Limitation of Liability
11.1 NZ DEPOT/ Xabi is not responsible for any damage caused either to the goods supplied or other goods, resulting from a malfunction, if;
(a) The goods are fitted by someone other than NZ DEPOT/ Xabi; and
(i) That person is not suitably qualified; or
(ii) The goods are not fitted to a good trade standard; or
(b) The goods are in any way adapted to use for which they are not specifically intended; or
(c) The goods are added to or repaired using components not recommended or approved by the manufacturer.
(d) Customer or Client is/are responsible for selecting the required Air-condition size, model and/or kWs for the particular room or space.
(e) Customer acknowledges that the kWs which NZ DEPOT/ Xabi is going to install or/and repair.
(f) NZ DEPOT/ Xabi or any Xabi’s staff or employee or contractors or sub-contractors do not take any responsibility of suggested a particular size of any
unit/Aircon etc.
11.2 NZ DEPOT/ Xabi has no further liability or responsibility for any direct, indirect or consequential injury, loss or damage arising from any supply of goods
or services.
11.3 Damage for faulty goods or services will be limited to the purchase price of those goods or the value of the services contracted for.
12 Penalty Interest
12.1 Penalty Interest at a rate of 1.5% per month, will accrue on any unpaid amount on a daily basis from the due date to the date of payment.
Such interest will be payable upon demand.
13 Privacy Act
13.1 The customer authorizes NZ DEPOT/ Xabi to:
(a) Make enquiries with relevant third parties and/or credit agencies regarding the customer’s credit history.
(b) Release any information for the above purpose to the extent necessary, to relevant third parties and/or credit agencies.
(c) Instruct an agent to carry out any credit enquiries, and the customer agrees the above authorisations will apply to such agent.
13.2 The customer authorises any credit agencies and/or relevant third party to disclose any relevant information to NZ DEPOT/ Xabi in response to credit
enquiries. The customer acknowledges that any information disclosed to a credit agency will be held on their systems and used to provide their
credit reporting service.
14 Consumer Guarantees Act 1993 (“CGA”)
14.1 Where the customer is a consumer under the CGA who acquires goods and services from NZ DEPOT/ Xabi other than for the purpose of business,
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then these Terms of Trade will be subject to the provisions of the CGA.
14.2 Where goods and/or services are supplied for business purposes, the customer agrees that the provisions of the CGA will not apply.
15 Miscellaneous
15.1 By having work undertaken the customer is deemed to have accepted these Terms of Trade and accepted liability for the account.
15.2 These Terms of Trade may be varied by NZ DEPOT/ Xabi, at any time without notice to the customer. New Terms of Trade will be enforceable by NZ DEPOT/ Xabi
from the date they were provided to the customer.
15.3 The application and these Terms of Trade are the entire agreement between NZ DEPOT/ Xabi, the customer and the Guarantor, and supersede all
representations, agreements or other communications made by NZ DEPOT/ Xabi.
15.4 If any part of these Terms of Trade is illegal, unenforceable or invalid, that part is to be treated as modified or removed to the extent
required to make it effective. The rest of these Terms of Trade are not affected.

Additional HVAC or Airconditioning:

Agreement: All Projects are supplied on the following terms and conditions, which may be changed by XABI OR NZDEPOT in any manner and at any time. The terms of this Agreement will apply to the Quote and Purchase Order.
1.
Quote and Purchase Order: For any project to be carried out by XABI OR NZDEPOT for the Customer, XABI OR NZDEPOT will supply to the Customer a Quote and Purchase Order, which is valid for 30 days from the date of the Quote and Purchase Order, and lapses thereafter. The Quote and Purchase Order takes effect on the date that it is accepted by the Customer (whether that acceptance is implied or express). XABI OR NZDEPOT reserves the right, by notice to the Customer, to alter or amend any Quote and Purchase Order before receipt by XABI OR NZDEPOT of acceptance of the Quote and Purchase Order by the Customer. XABI OR NZDEPOT reserves the right, by notice to the Customer, to alter or amend any Quote and Purchase Order at any time prior to carrying out the Project, where the alteration or amendment is due to an increase in the cost to XABI OR NZDEPOT of any Products and/or Services that are the subject of the Quote and Purchase Order that is beyond the control of XABI OR NZDEPOT. Where the Customer requests Products and/or Services to be provided that are not included in the original Quote and Purchase Order, the Customer agrees to pay the additional costs of such Products and/or Services, and the provision of the additional Products and/or Services shall be pursuant to the terms and conditions of this Agreement. Where the Customer requests any Related Work to be carried out, XABI OR NZDEPOT will use its best endeavours to source suppliers and/or contractors to carry out the Related Work, but the Customer is responsible for the commissioning, controlling, and payment for such work.
2.
Obligations of XABI OR NZDEPOT – XABI OR NZDEPOT agrees to Subject to the terms and conditions contained in this Agreement, carry out each project in accordance with the Quote and Purchase Order, and to do so with reasonable skill, care and diligence.
3.
4. Obligations of the Customer – The Customer agrees to:
(a) Pay XABI OR NZDEPOT for carrying out the Project according to the Quote and Purchase Order;
(b) Follow any reasonable instructions provided by XABI OR NZDEPOT about the Project;
(c) Provide XABI OR NZDEPOT with access to all necessary services and amenities so as to allow XABI OR NZDEPOT to carry out the The project, provides access to the Location and ensure that the Location remains in a state and condition that is safe for XABI OR NZDEPOT and its staff and agents;
(d) Not to cause any disruption or obstruction to the carrying-out of any Project; and
(e) Ensure the Location for the Project complies with all necessary bylaws and restrictions, is structurally sound and safe (in accordance with
all legislation governing safety in the workplace); Without Prejudice to any other right or remedy of XABI OR NZDEPOT, if the Customer fails to carry out or perform any of its obligations pursuant to this clause 4, then XABI OR NZDEPOT may charge the Customer a Services Delay Charge for each day (or part thereof) that XABI OR NZDEPOT is, in its reasonable opinion, unable and/or not required to carry out or perform the Project as a result of such breach by the Customer.
1. Charges and payment
5.1 The amount charged by XABI OR NZDEPOT for carrying-out any Project will be specified in the Quote and Purchase Order (as may be amended in accordance with this Agreement). All prices on the Quote and Purchase Order are inclusive of GST unless stated otherwise.
5.2 Payment for the Project is due on the due date as follows:
(a) A deposit of 50% of the total price for the Project is payable at the time of acceptance of the Quote and Purchase Order by or on behalf of the Customer; and
(b) The balance of the total price for the Project is payable without deduction or set off by the Customer to XABI OR NZDEPOT on the date of and contemporaneous with the installation of the Project (in each case, the ‘Due Date’).
5.3 If the Customer fails to make payment by the Due Date the Customer shall pay interest on the amount outstanding at the rate of 5% above XABI OR NZDEPOT’s bank’s current variable lending rate from the due date for payment until payment is made. The Customer shall pay all costs, expenses and charges (including legal costs on a solicitor and own Customer basis) that are incurred by XABI OR NZDEPOT in recovering any money owing to XABI OR NZDEPOT by the Customer.
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5.4 XABI OR NZDEPOT has the absolute right to withhold delivery or cancel a Quote and Purchase Order where the Customer has not paid for the Products on the Due Date.
1. Delivery, Risk and Insurance
6.1 Delivery of the Products shall be deemed complete upon XABI OR NZDEPOT delivering the Products at the Location.
6.2 Irrespective of whether ownership and title to the Products remain vested in XABI OR NZDEPOT, risk in the Products shall pass to The customer upon delivery. The Customer is responsible for all insurance of all Products from the time of delivery.
1. Property
7.1 Ownership and title to the Products supplied as part of any Project shall remain vested in XABI OR NZDEPOT and shall not pass to the Customer until the purchase price for the entire project has been paid in full and received by XABI OR NZDEPOT in accordance with clause 5.
7.2 If XABI OR NZDEPOT supplies the Products as part of any Project without first obtaining payment for the same, then the Customer acknowledges and agrees that XABI OR NZDEPOT is entitled at the Customer’s cost to register any security interest that XABI OR NZDEPOT possesses regarding the Products supplied and their proceeds on the Personal Property Securities Register and that XABI OR NZDEPOT’s security interest survives until the Customer has paid in full for all of the Products supplied. The Customer acknowledges and agrees that until payment has been made to XABI OR NZDEPOT in full for all of the Products supplied as part of any Project from time to time:
(a) XABI OR NZDEPOT possesses a Purchase Money Security Interest (“PMSI”) in the Products; and
(b) If the Customer sells the Products prior to payment to XABI OR NZDEPOT, it will pay the proceeds derived from that dealing into a separate account for the benefit and as trustee for XABI OR NZDEPOT so that those proceeds remain identifiable in connection with that dealing and the Products.
7.3 If at any time XABI OR NZDEPOT has sufficient cause to exercise its rights under section 109 of the PPSA, the Customer irrevocably grants XABI OR NZDEPOT (its agents and contractors) the right and licence to enter upon the Customer’s premises and/or any location, without notice and without liability whatsoever to the Customer, or to any person or company claiming through the Customer.
7.4 The Customer covenants that it will assist and co-operate with XABI OR NZDEPOT by completing any documentation and/or providing any information as may be required by XABI OR NZDEPOT in order for XABI OR NZDEPOT to achieve and perfect its desired security position
under the PPSA.
7.5 In this clause 7 were used the following terms shall have the meanings as ascribed to them under the PPSA (Personal Property Securities Act 1999 and associated regulations): “Accessions”, “Commingled Products”, “Inventory”, “Perfect”, “Non-Purchase Money Security Interest”, “Proceeds”, “Purchase Money Security Interest” and “Security Interest”.
1. Rights of termination – XABI OR NZDEPOT may immediately terminate this Agreement when any of the following events happen:
(a) If the Customer defaults in performing its obligations under this Agreement and the default, if capable of being remedied, is not remedied within 5 working days from receiving a notice specifying the default and requiring remedy; or
(b) If the Customer defaults in the performance of its obligations under this Agreement and the default is in XABI OR NZDEPOT’s reasonable
opinion incapable of being remedied; or
(c) If the Customer enters into a composition with its creditors, is declared bankrupt, goes into liquidation, or a receiver or a receiver and the manager or a statutory receiver is appointed in respect of it; Termination of this Agreement will not prejudice or affect the rights, remedies and claims of XABI OR NZDEPOT.
Intellectual property & use by the Customer – All of the trademarks, patents, copyright, designs (including rights of drawings, calculations, models, samples, descriptions, figures, dimension specifications and the like) or other intellectual property rights (whether
or not registered) in respect of the Products and Projects owned or in respect of which XABI OR NZDEPOT has rights (collectively “Intellectual Property”) remain XABI OR NZDEPOT’s property notwithstanding the sale/supply of the Products/Projects to the Customer. This clause 7 survives termination of this Agreement.
1.
2. Warranties

10.1 XABI OR NZDEPOT warrants that:
(a) The Project delivered will conform to the Quote and Purchase Order;
(b) Subject to clause 11.2, the Services will be free from material defects at the time of installation and for the period contained in the
Manufacturer’s Warranty, (the “Warranty Period”);
(c) Subject to the terms of this Agreement, the warranty provided in this clause 10 is instead of, and XABI OR NZDEPOT disclaims, all other
warranties expressed or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Page 5 of 7
10.2 Subject to the terms of this Agreement, the repair of any defect(s) occurring during the Warranty Period is the absolute limit of XABI OR
NZDEPOT’s liability howsoever arising under or in connection with any breach of these warranties provided that the Customer gives written
notice to XABI OR NZDEPOT within 24 hours of the discovery of the defect and provides XABI OR NZDEPOT (or its staff, contractors and
agents) with immediate access to undertake such repairs as XABI OR NZDEPOT considers necessary to remedy any defect.
1. Limitation of liability
11.1 The warranties provided in clause 10 replace all other representations or warranties (statutory, expressed or implied) and all
representations and warranties (excepting those which may not be lawfully excluded) are specifically excluded. The foregoing exclusions and
the limitations contained in clauses 11.2 and 11.3 do not apply to rights granted to the Customer under the Consumer Guarantees Act 1993
unless the Customer is acquiring the services for the purposes of a business in which case the provisions contained in the Consumer
Guarantees Act 1993 shall not apply.
11.2 Under no circumstances will any warranty, expressed or implied, relating to the Products and/or any Project extend to or include, nor will
XABI OR NZDEPOT be liable (whether vicariously or otherwise) under the law of tort, contract or otherwise for:
(a) Any loss or damage not covered by the Manufacturer’s Warranty;
(b) Any loss or damage caused by non-adherence to the Operating Instructions and Guidelines;
(c) Any loss or damage caused by XABI OR NZDEPOT altering the Location due to structural, electrical, safety or other concerns as to the
Location for the Project;
(d) Any loss or damage caused by XABI OR NZDEPOT failing to recognise the possible presence of asbestos in any roof cladding, soffit,
eaves, gables or interior ceilings;
(e) Any loss or damage caused by a Force Majeure Event;
(f) Any loss or damage caused by the acts or omissions of any third party;
(g) Any loss or damage caused by a contractor and/or supplier carrying out any Related Work, whether or not XABI OR NZDEPOT had
arranged for such Related Work to be carried out;
(h) Any loss or damage caused by having repairs carried out to any Project by any person other than XABI OR NZDEPOT;
(i) Any loss or damage occurring at the expiry of the Warranty Period;
(j) Any loss or damage caused by a Services Interruption;
(k) Any loss or damage arising from the termination of this Agreement; or
(l) Any loss of profits or savings or any indirect, special, incidental or consequential loss or damage, however, caused, arising out of or in
connection with the performance or non-performance of XABI OR NZDEPOT, any Project, Product and/or this Agreement.
11.3 Notwithstanding any other provision of this Agreement and without prejudice to clause 11.2, if for any reason XABI OR NZDEPOT
becomes liable for loss or damage that would have otherwise been excluded, then its total liability to the Customer arising out of any claim for
damages for any cause will be limited at XABI OR NZDEPOT’s election to either the monetary amount of the value of that part of the project
giving rise to the claim, the actual damage or loss suffered by the Customer or the sum (if any) which is specified in the Special Conditions,
whichever is lesser.
1. Mediation
12.1 If a dispute arises, the parties may agree to settle the dispute by mediation before resorting to litigation or arbitration.
1. Force Majeure
13.1 Despite any other provision of this Agreement, XABI OR NZDEPOT will not be liable for any failure or delay in complying with any
the obligation imposed on it under this Agreement, if the failure or delay arises from, or in connection with, a Force Majeure Event.
1. Miscellaneous provisions
14.1 This Agreement is governed by and construed according to the laws of New Zealand and is subject to the exclusive jurisdiction of the
Court’s of New Zealand.
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14.2 The illegality, invalidity or unenforceability of a provision of this Agreement under any law shall not affect the legality, validity or
enforceability of that provision under another law or the legality, validity or enforceability of any other provision of this Agreement.
14.3 No party will assign its rights under this Agreement without the prior written consent of the other party.
14.4 This Agreement contains all terms of the arrangement between the parties and supersedes and extinguishes all prior agreements,
discussions, representations and arrangements between the parties about the matters covered in this Agreement.
14.5 Failure or omission by a party at any time to enforce or require strict or timely compliance with any provision of this Agreement will not
affect or impair that provision in any way or the rights of that party to benefit from the remedies it may have as to any breach of any provision.
14.6 This Agreement is deemed to be executed by a party if that party has executed any of the following formats:
(a) an original;
(b) a copy;
(c) a facsimile copy;
(d) a photocopy of any of the above; and provided that every party has executed any permitted format, the executed formats will together
constitute a binding and enforceable instrument.
1. Definitions and interpretation: In this Agreement, unless the context requires otherwise:
“Customer” means the party or parties receiving the Products and/or Services from XABI OR NZDEPOT; “Force Majeure Event” means an
event or occurrence which is beyond XABI OR NZDEPOT’s reasonable control; “XABI OR NZDEPOT” means Alex Enterprises Ltd. or/and NZ DEPOT Limited or agents,
employees, or sub-contractors of Alex Enterprises Ltd., or/and NZ DEPOT Limited as appropriate”; “Location” means the site at which the Project is carried out for the

Customer; “Manufacturer’s Warranty” means the warranty supplied from time to time by the manufacturer of the Products as at the date of the
acceptance of the Quote and Purchase Order; “Operating Instructions and Guidelines” means the operating instructions and guidelines for the
Products and/or Services supplied from time to time by the manufacturer of the Products as at the date of the acceptance of the Quote and
Purchase Order; “Price” means the amount specified within each Quote and Purchase Order (subject to any Variation) representing the cost for
the Project; “Products” means the heating, cooling, ventilating, heat recovery and/or air conditioning systems (including all materials,
appliances, equipment, components, accessories, parts and/or spare parts thereof) which are provided to the Customer as part of a Project;
“Project” means the supply of Products and/or Services to a Customer as per the Quote and Purchase Order; “Related Work” means any
an additional building, carpentry, electrical, painting, plastering, plumbing or other work or other trades that the Customer requires, which are not
to be carried out by XABI OR NZDEPOT; “Services” means those Product installation services provided by XABI OR NZDEPOT to the
Customer as part of a Project; “Services Delay Charge” means the services delay charge (if any) set out in the Quote and Purchase Order;
“Services Interruption” means an interruption to the Project which is outside of the reasonable control of XABI OR NZDEPOT; “Quote and
Purchase Order” means the details outlining the provision of a Project and an estimate of costs but do not include any Related Work that may
be required or recommended to the Customer.
HEA855.3.06NZ

SPORTS GEARS T&Cs - Starts

Shipping, Warranty & FAQs

DOMESTIC SHIPPING

We offer FREE National courier delivery for orders over $100 and a flat fee of $5 for order up to $99

All couriers are sent with “Track and Trace” facility using reputed courier agencies like Courier Post, Poste Haste, NZ Courier, Castle Parcel etc.

Indicative delivery time frames during normal business conditions are:

Auckland and North Island: Within 1 to 2 working day if order is placed before 11am on a working day.
South Island: Within 3 to 4 working days if order is placed before 11am on a working day.

Rural deliveries may need additional 2 to 3 days on the time frames indicated above due to Courier companies delivery schedules.

Delivery time frames are indicative only as informed to us by the courier agencies. Once the item is handed over to them, we have no control over it. If you require you items urgently, it’s best to check with us first so we can work out the best option to get the items to you.

INTERNATIONAL SHIPPING

We use DHL EXPRESS for all international shipping. Where applicable, for orders more than $200, we will email you the tracking number and website details to track your consignment. Delivery times are indicated only and will be confirmed once consignment is handed over. International orders may be subject to payment of local customs duties payable by the receiver / customer in the receiving country. The customs duty and and other charges if applicable to the consignment by the local customs authority are to be paid for by the receiver / customer.

We will do all we can to ensure the consignment is delivered to you in perfect condition and on time. Delivery prices are calculated based on weight and are subject to change.

Courier services do not accept deliver to Post Office boxes and signature may be required in some cases. The consignment become the recipient’s property and responsibility once they have been signed for at the time of delivery.

Please contact us in 7 days for domestic orders and 15 days for international orders if your consignment is not delivered to you or has transit damage so corrective action can be taken.

PRODUCT WARRANTY

We are proud about the quality of gear we offer and we get an excellent support from the Brands we represent. 

ENGLISH WILLOW BATS

From the date of purchase, we offer a 3 month (90 day) repair or replace warranty but do not provide refunds. This is applicable to bats that are prepared properly before it’s put to regular use. For English Willow bats that are prepared properly but break horizontally i.e. “across the face” in the playing area below the front stickers within the first 3 months due to manufacturing fault, then we will repair or replace it for free.

Repair or Replace option will be at the sole discretion of Aquila NZ Ltd. We highly recommend that all bats are knocked in and bat facing put on them before using them. Aquila NZ Ltd provide a service to to knock in the bats with a purpose built leather ball knocking machine. This ensures the bats are ready to play and is a safe and proven method that replicates mallet knocking. Please talk to us regarding this and you can see a video of this process under Unique Offers page.

The warranty does not include issues or damage to edges (both inside and/or outside), toe cracks or handle breakages as that can be caused due to playing with inappropriate hard balls, hitting a yorker or bat impacting the ground while doing so or improper grounding between running between the wickets, or by leaving the bat in car boot as that dries the willow. Damage caused due to usage associated with facing bowling machine balls is also not included as it is not a manufacturing fault. Repair and replacement does not include additions or enhancements done on the bat like bat being sanded down to reduce weight. If it is decided to replace the bat, the costs associated with knocking in and/or adding the anti-scruff face on the new bat may be charged to the customer.

HOCKEY STICKS

From the date of purchase, we offer a 12 month repair or replace warranty but do not provide refunds. This is applicable if a stick breaks in half provided it is not an intentional damage or breakage due to stick hitting against another stick or impact against a goal post or ground. Warranty claim will be approved only after inspection by us.

The warranty does not cover surface chips in the finish and we do not offer repair, replacement or refund of sticks because of the chips.

BATTING GLOVES & PADS, KIT BAGS

From the date of purchase, we offer a 3 month (90 day) repair or replace warranty and do not provide refunds for gloves, batting pads and kit bags. The repair or replace warranty covers manufacturing faults only and rips or tear caused due to friction with the ball seam, rough use, slides, diving etc is not a manufacturing fault and not covered under warranty. Kit bag zip is not included in the warranty at all.

FAQs

HOW DO I CHOOSE A BAT? 

When looking at a new bat, balance or pick up of the bat is most important point to note. It is the balance and pick up of the bat, which really counts in play rather than its weight on weighing scale.

WHAT IS OILING THE BAT?

After a period of use a bat may start to show signs of dryness making some of the surface cracks protrude. When this happens just give the bat light sanding removing extra dirt from the surface. Then, below the front logo / sticker, apply very light coating of raw-linseed oil or special cricket bat oil onto hitting areas of the blade. Allow the bat to lie horizontally. Another two coatings of the oil on the bat should be sufficient. The main purpose of oiling is to maintain moisture levels within the blade. Never oil the splice or the shoulder of the bat.

WHAT IS KNOCKING-IN?

Knocking In is the process by which the fibers of the willow in the face and edges are compressed and knitted together to form a strong outer resistance and a shield to the impact of cricket ball. The Knocking –In process should be done carefully and thoroughly as the life and the performance of your cricket bat is determined by it to a large extent. It’s a step process that involves striking on the face of the bat and edges using ball mallet or quality old ball. Increase the force gradually until the blow is as hard as a ball hits in a game. This step is followed by a trial run of using the bat in nets or short catches with an old leather ball. This step should perform for at least two hours. Then test the bat against newer quality balls. If there are seam marks or dents please go back to the knocking step. However if there are no seam marks on the blade then it is ready for use in matches. Never knock on the back of the bat. For best results, please knock the bat at least 10 days before its use in a match.

HOW TO MAINTAIN A CRICKET BAT OR HOCKEY STICK?

SURFACE CRACKS

These are small cracks, which appear on all bats after a period of use. Their appearance on a new bat is direct result of the bat being under prepared i.e. not properly knocked-in or may be due to use of low quality, hard cricket balls. All bats will show surface cracks, THIS IS NORMAL. The main aim of knocking is to delay these cracks for as long as possible.

EDGE CRACKS

These cracks are not results of faulty workmanship or defective willow. They appear due to use of under prepared bat or mistimed strokes during the play. Sometimes such strokes are unavoidable and therefore it is wise to take precautions. Both the above problems can be minimized by application of protective sheets to face and edges of the bat.

TOE CRACKS

Ideal area to hit the ball, of the sweet spot of the bat is approximately between 10cm to 25cm from the toe of the abt. Toe is not as thick as the sweet spot of the bat and is hence more prone to damage. Striking of a ball at the base of the bat causes cracking of the toe. This can be due to hitting a Yorker. Such damaged caused must be immediately treated with application of some strong fast drying glue.

SURFACE CHIPS

In the field of play while at practice or playing competitively, hockey sticks can hit on each other or against a hard surface and sometimes the surface colour may chip, however, and it is important to know that this is merely cosmetic and does not impact or affect how the stick plays or compromise the performance in any way.