Aloft Alone provides a range of quality safety equipment, all of which is supplied with original paperwork and safety ratings. If any item of equipment supplied by Aloft Alone is defective, we will immediately replace it. We accept no responsibility for how this equipment is used, or the condition of the boat or other location where it is used. It is the user’s responsibility regularly to inspect the halyard and masthead, as well as the winch and mast fittings, on which the system and the user’s safety depend. It is also the user’s responsibility to ensure that he or she feels confident with the use of this equipment.
A contract is effective when accepted by Aloft Alone.
Equipment supplied may be different in minor detail from that shown on the website or in the video; for example, a different manufacturer may make it. If so, it will serve the same functions and offer the same reliability, safety and ease of use.
Payment is normally required with order. If in exceptional circumstances Aloft Alone despatches goods in advance of payment, payment shall be due 15 days after delivery and shall be made direct to ASB 12-3141-0099650-00. Late payment shall carry interest at 2% per month.
Delivery of equipment will by courier or postal service within New Zealand, depending on the size of the item. Delivery options are made available at the time of purchase. We expect to make all deliveries within 14 days of order. On receipt of an order, Aloft Alone will advise the customer of the expected delivery date (and if necessary will promptly revise this date) and, if this is more than 21 days from order, the customer may cancel the order up to 14 days before the expected delivery date and receive an immediate and full refund.
All contracts are subject to the law of New Zealand and buyers submit to the non-exclusive jurisdiction of the New Zealand courts.
Nothing in these terms and conditions limits a buyer’s statutory rights.
Aloft Alone is a trading name of Andy Whittaker Limited.
The Purchaser Expressly Acknowledges and Accepts that:
- The Equipment sold may be unsafe and/or dangerous if not used entirely correctly and proficiently in all respects and that the Purchaser has been warned accordingly.
- There is a risk of personal injury arising from use of the Equipment or the circumstances of that use, and accepts full responsibility for all such risk.
- There is a risk of damage to property as well as personal risk, and accepts full responsibility for any such risk and any resultant damage from the use of the Equipment.
- The vendor has no responsibility to protect the Purchaser or ensure that the Equipment or circumstances of its use are in any way safe and secure, or has any obligation whatsoever to take steps to protect the Purchaser or any other person.
- The risk of injury and/or damage to persons and property may arise from any of a number of causes including:
(a) conduct and use of any Equipment;
(b) conduct of any other person or persons;
(c) actions and events which arise from natural causes or circumstances;
(d) conditions and circumstances of using access or terrain which give rise to risk;
(e) the condition and circumstances of any natural rivers, rocks, terrain, trees or other objects;
(f) conditions and circumstances caused by weather;
(g) conditions and circumstances and events caused by any other person or persons.
Insurance. It is the Purchaser’s responsibility to arrange any insurance which may be prudent.
Indemnity. The Purchaser indemnifies Andy Whittaker Ltd and its agents and employees from and against all liability including any actions, costs (including legal costs), losses, damages, claims, demands and liabilities of any kind whatsoever suffered or incurred by Andy Whittaker Ltd in respect of any Equipment or amenities and/or in relation to the activity of ascent or descent using the Equipment, arising as a result of any actions or omissions by the Purchaser or any other person and/or arising out of any failure on the Purchaser’s part to comply with obligations set out in this document or otherwise owed at law.
Undertaking. The Purchaser undertakes to:
(a) Comply fully and completely with all the terms of this document.
(b) Meet payment of all costs and disbursements incurred.
(c) Exercise every care for the safety and security of Andy Whittaker Ltd and its agents or employees and the Equipment and any other persons.