TERMS AND CONDITIONS

Unless we require immediate payment, a deposit may be required, and payment must be made on or before the 20th day of the month following the date of our invoice. With respect to invoices not paid by their due date, we may charge interest on any amount you owe Progear at a rate of 2.5% per month or part month.

When we give a quotation for products, all pricing is based on current stock levels and pricing.  Whilst we try an maintain consistent prices on our products these are liable to change at any time and without notice.

Credit Card

We accept the following credit cards, Q Card, Visa and MasterCard.

GE Card can be accepted in store, with your 4 digit pin. If you have not activated your pin please contact your nearest Westpac bank branch.

Progear absorbs transaction fees incurred for this service in most circumstances however reserve the right to pass on additional charges to you as necessary. Ie for purchases of high-value sale items which have been significantly reduced in price.

Products collected directly from us must be paid for in full before collection.

By purchasing, you agree that all details you provide to Progear for the purpose of ordering or purchasing goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the products ordered.

Direct Credit

Direct bank transfers can be made in New Zealand to:

ASB, Parnell Branch 12-3075-0205717-000

If you are making payment for an online order please used your order number as reference.  Alternatively please reference your invoice number.

Transfers from banks other than ASB may take up to 48 hours to process and goods will not be released until the transaction is complete.

Debit Card

We accept most debit cards.

EFTPOS

EFTPOS is available in store.

Finance

Finance facilities are available. Approvals can be made while you wait. Conditions apply.

Progear – Progear Photographic.

Vendor – The person or entity offering an Item for sale, consignment, trade-in, or repair.

Item – Any camera, lens, case, accessory, or related product delivered to Progear.

Consideration – Any payment, credit, or value provided by Progear to or for the benefit of the Vendor.

Trade Form – The written record of the Items delivered and their condition to be prepared by Progear following intake.

GST – Goods and Services Tax under New Zealand law.

The Vendor warrants that:

• they are the lawful owner of the Item, free of liens or claims; and
• the Item is not stolen or encumbered in any way.

The Vendor indemnifies Progear and any purchaser from any loss, claim, or liability resulting from a breach of this warranty.

5.1   Following delivery of an Item, Progear will prepare a Trade Form documenting the Items delivered, including any existing damage, wear, modifications, or defects. The Trade Form is prepared at Progear's discretion and in accordance with its workflow. This process may take up to 7 working days from delivery, or longer during busy periods or where specialist assessment is required.

5.2   The Vendor will be given a reasonable opportunity to review and acknowledge the Trade Form once it is completed. If the Vendor accepts the evaluation provided by the Trade Form, it must be signed by the Vendor. If the Vendor does not accept the evaluation, then the Items can be returned back to the Vendor. 

5.3   The Trade Form serves as the baseline for assessing any subsequent damage, including damage arising during a buyer’s 7-day approval period.

4.1   Consignment. For consigned Items, ownership remains with the Vendor until a final sale is confirmed and funds are received by Progear and cleared.

4.2   Outright Purchase by Progear. If Progear elects to purchase the Item outright, ownership transfers upon execution of a Sale Confirmation. Payment will be made within 14 calendar days, subject to buyer approval where applicable.

4.3   GST Input. Where lawful, Progear may elect to purchase an Item so it may claim input GST.

Progear may advertise, photograph, evaluate, list, negotiate, and sell the Item at its sole discretion within the agreed pricing framework. Progear may withdraw an Item from any particular listing, platform, or marketing channel at its discretion, but will not withdraw the Item from the consignment arrangement entirely without the Vendor’s consent.

Progear may undertake or commission remedial work up to NZD $500 per individual repair or maintenance task without prior Vendor approval. Where the cumulative cost of all remedial works on a single Item exceeds NZD $1,000, Progear will seek Vendor approval before commissioning further work. The nature of any pre-authorised work may be noted on the consignment form at intake.

The Vendor and Progear agree an initial listing price, which also serves as the minimum sale price unless otherwise agreed in writing. Progear may negotiate directly with buyers. If a price more than 20% below the initial listing price is proposed, Progear will seek the Vendor’s approval, unless Progear has already provided Consideration, in which case Progear may sell at any price at or above the value of Consideration provided.

Progear’s commission is 20% of the final sale price (inclusive of GST), unless agreed otherwise in writing.

Vendor payments are made on a net-proceeds basis. The following are deducted from the sale price before calculating the Vendor’s share:

• payment-processing fees (e.g. credit card merchant fees)
• bank or transfer charges
• platform or marketplace listing fees
• financing or instalment-payment fees
• currency-conversion fees
• shipping, courier, or freight costs where borne by Progear
• applicable government fees and compliance charges

Total net-proceeds deductions (excluding commission) will not normally exceed 5% of the final sale price. If deductions are likely to exceed 5%, Studio 1 will advise the Vendor before completing the sale.

Progear will insure Items while in its possession under its commercial property policy. Items shipped or couriered are insured under Progear’s _______. Progear’s liability to the Vendor does not exceed the amount recoverable under its insurance. Progear is not liable for unrecoverable losses, depreciation, wear, or consequential damage.

Progear will, on request, advise the Vendor of the applicable per-item insurance coverage limit. Vendors with Items valued above the coverage limit are encouraged to arrange their own supplementary insurance.

The Vendor may withdraw an Item from consignment at any time by giving written notice to Progear, subject to:

• repayment of any Consideration provided by Progear;
• reimbursement of any remedial, marketing, or transport costs incurred by Progear; and
• collection of the Item within 14 calendar days of the withdrawal notice.

No withdrawal fee is charged.

Vendor payment is made within 20 working days after both: (a) expiry of the 7-day approval period, and (b) receipt of full cleared payment from the buyer. Payments are made on a net-proceeds basis (see clause 10).

Progear may offer buyers a 7-day approval period during which the buyer may return the Item. Returned Items must be in the same condition as documented in the Condition Report (see clause 5). Progear will inspect all returns against the Condition Report.

No Vendor payment is made until an unconditional sale is completed. If an Item is returned damaged and the damage is not recoverable under insurance or carrier policy, Progear and the Vendor will agree on a good-faith resolution.

If, within 12 months of the date of sale, an Item is proven to be counterfeit, fake, or materially misrepresented, the Vendor must refund all sale proceeds and accept return of the Item. Claims under this clause must be supported by a written expert assessment. After 12 months, the Vendor’s liability under this clause expires, except in cases of fraud.

Both parties must comply with the Fair Trading Act 1986 and Consumer Guarantees Act 1993.

Progear complies with the NZ Privacy Act 2020 regarding Vendor data.  

Notices may be delivered by email, registered mail, or hand delivery. Email notices are deemed received when sent to the address provided on the consignment form.  

Items left for repair or evaluation are held at the owner’s risk.  

Where the Vendor is not GST-registered and Progear purchases the Item outright, Progear may claim GST input under section 20(3) of the GST Act 1985.

The Vendor acknowledges that export sales may be zero-rated under section 11A of the GST Act. The Vendor agrees to provide documentation required to support such a sale.  

23.1   This agreement is governed by the laws of New Zealand.

23.2   If a dispute arises in connection with this agreement, the parties will first attempt to resolve it by good-faith negotiation. If unresolved within 20 working days, either party may refer the dispute to mediation administered by the Resolution Institute (or its successor body) in Auckland.

23.3   If mediation does not resolve the dispute within 40 working days of referral, either party may commence proceedings in the courts of New Zealand, with the Auckland District Court or High Court (as applicable) having non-exclusive jurisdiction.

23.4   Nothing in this clause prevents either party from seeking urgent interim relief from a court at any time.

 

24.1   These Terms, together with the consignment form and any Condition Report, constitute the entire agreement between the parties in relation to the Item.

24.2   Any amendment to these Terms must be agreed in writing and signed by both parties.

24.3   If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect. 

“Contract” means the contract for hire of Equipment detailed elsewhere between the

Owner and the Hirer and these terms and conditions.

“Hirer” means the party hiring (or any person acting on behalf of and with the authority of the hirer) who hires goods from the Owner and “Customer” has a corresponding meaning.

“Equipment” means equipment including but not limited to photographic equipment supplied by the Owner to the Hirer and includes any supply for Services.

“Owner” means Progear Limited.

“Services” means any services supplied by the Owner to the Hirer including any advice or recommendations.

2.1 The Hirer shall take proper and reasonable care of the Equipment (including keeping the Equipment locked and secured when not in use) and return it to the Owner at the end of the hire period in the same order and condition as at the commencement of the hire (fair wear and tear excepted).

2.2 Hirers must not remove, deface or obscure any marks of identification, registration or ownership on the Equipment.

2.3 Equipment will remain the responsibility of the Hirers at all times until return of the Equipment is accepted by the Owner, regardless of whether the Equipment is outside the paid hire period.

2.4 The Hirer grants the Owner, the Owner’s agents and employees an irrevocable right and authority to enter the place where the Equipment is to be used or located for the purposes of delivery and removal.

2.5 The Hirer shall not without the Owner’s prior written consent agree, attempt, offer to sell, assign, sublet, lend, pledge, bail, let on hire or otherwise part with or attempt to part with personal possession of the Equipment or otherwise deal with the Equipment or any part of it.

2.6 The Hirer acknowledges that the Owner is unable to guarantee, supply of all or any of the Equipment to be supplied and that it shall not be liable to the Hirer or to any other person for any loss or damage caused by any delay in delivery however that delay is caused.

2.7 The Hirer acknowledges and agrees that the Owner will not be liable for any costs relating to delays where the Equipment is out of service during the term of the hire including but not limited to delays as a result of damage to or defect in the Equipment.

2.8 The Hirer acknowledges that the Equipment is hired relying solely on the Hirer’s skill and judgment and not as a result of any advice, inducement or representation made by the Owner.

2.9 The Hirer agrees to indemnify the Owner against all claims and loss of any kind caused or arising in connection with the Equipment or Services.

3.1 The hire period begins when the Equipment leaves the Owner’s premises and runs until the Equipment is either returned to the Owner at the place of hire, is removed by the Owner or the contract is terminated.

4.1 The Equipment must be returned in the same order and condition as supplied by the Owner, fair wear and tear accepted.

5.1 Where Equipment is damaged or lost in circumstances not covered by the Owner’s insurance policy the cost of repairs or the value of the Equipment will be charged to the Hirer.

5.2 Whereas as a result of damage, Equipment is required to be out of service for a period of more than 2 days, the Hirer will reserve the right to charge for hire at a rate of 2/3 the agreed rental until the Equipment is operational.

6.1 The Hirer must report any defect in the Equipment to the Owner immediately and the Equipment must not be used until the defect has been remedied.

6.2 If the Hirer fails to immediately advise the Owner of any defect the Equipment will be deemed to have been delivered in good order and without defect.

7.1 Nothing in these terms affects or attempts to exclude in any way the Hirer’s rights under the Consumer Guarantees Act 1993.

7.2 If the Hirer is in trade (within the meaning of the Consumer Guarantees Act 1993) the Owner and the Hirer confirm, acknowledge and agree that the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 do not apply.

7.3 It is not intended that these terms and conditions will be either a Consumer Credit

Contract or a Consumer Lease for the purposes of the Credit Contracts and

Consumer Finance Act 2003.

8.1 The Owner may terminate the contract of hire with immediate effect if: The Hirer fails to comply with any material term of the Contract. The Owner believes on reasonable grounds that hired Equipment may be at risk for any reason whatsoever including the manner of its use by the Hirer, adverse weather or work conditions, the Hirer is unable to or might be unable to pay any charge or cost in connection with the equipment under this contract. The Hirer becomes insolvent including the appointment of the receiver, manager, trustee and administration, liquidator or other like person over the whole or any part of the Hirer’s assets or business.

8.2 Upon termination of this contract, the Hirer shall immediately deliver up the Equipment to the Owner and pay to the Owner: All hire charges and other moneys due to the Owner at the date of termination. The balance of all hire charges yet to accrue from the date of termination to the expiry of the term of the contract discounted for early payment by such amount as the Owner in its sole discretion allows.

8.3 Termination of the Contract by the Owner is without prejudice to any rights of the Owner may have under this contract.

9.1 The Owner requires personal information and will collect and hold personal information about the Hirer principally for the purpose of evaluating the hire of Equipment by the Hirer. The Hirer’s application to hire equipment may be declined or the hire terminated if the Hirer fails to provide requested personal information. The Hirer agrees that its personal information may be used by the Owner to advise the Hirer of the Owner’s other goods and services. The Hirer authorises the disclosure of personal information held by any other party regarding any previous hire contracts entered into by the Hirer.

9.2 The Hirer authorises the Owner:

(a) To collect, retain and use information about the Hirer from any person for the purpose of assessing the Hirer’s credit worthiness; and

(b) To disclose information about the Hirer to:

• any person who guarantees or provides insurance or provides any other credit support in relation to the Hirer’s obligations to the Owner and or;
• to such persons as may be necessary or desirable to enable the
  Owner to exercise any rights under the contract.