Overview

1.1. Your purchase of Products from Metallic M Limited via https://designfence.co.nz/ (“websites”) or in store or any other approach is subject to these Terms and Conditions (“Terms”), the Terms and Conditions and any Catalogue Terms which as varied and applicable from time to time. If you do not accept these Terms, please refrain from using this website or making a purchase from our websites or store.

1.2. The goods and services described in this website are available and will be available for you to make an offer to us via the website to purchase at the specified price on or before the end date specified in a current catalogue, or until otherwise removed from the website or as specified, and where Metallic M Limited accepts your offer, we will sell the goods or services to you in accordance with these Terms and any Catalogue Terms.

1.3. You and Metallic M Limited may enter into a sale contract for the sale and supply of products, by you making an offer to Metallic M Limited via the website or in store or any other approach, to purchase goods at the specified price, subject to these Terms. It enters into a contract once any quotes sent from us get your acceptance.


1.4. The Metallic M Limited logos, images and words are the intellectual property of Metallic M Limited.

1.5. In these terms:
     a) “New Zealand Consumer Law” means Consumer Guarantees Act 1993.
     b) “Metallic M Limited”, “Company”, “Seller”, “us” or “we” means Metallic M Limited.
     c) “Products” or “goods” means automatic gates, fences,canopies or garages any other products ordered by you from us or supplied by us on your Order.
     d) “Order” means an offer made by you in response to an invitation to treat made by Metallic M Limited via the websites and/or in store and/or any approach.
     e) “Websites” means https://designfence.co.nz/ or any associated websites owned by Metallic M Limited.
     f) “Writing” includes quotes, letters, fax, email and other similar electronic communication methods.
     g) “You”, “user”, “member”, “Buyer” or “guest” means anyone who visits and/or uses this website or the party placing the Order with or purchasing Products or Services from the Company.

2. User Agreement of Website

2.1. By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. Any information or content published on this website must be read subject to these Terms.

2.2. These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.

2.3. Cookies may be used on this website to gather data in relation to this website and you consent to this.

2.4. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

2.5. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

2.6. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

2.7. We may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Metallic M Limited does not accept any responsibility in connection with your participation in activities conducted by any other party.

2.8. All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website in written.

2.9. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

2.10. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.

2.11. You may not create a link to this web site from another web site or document without our prior written consent or a link is provided for you on the website via a share button or by other means. Please contact us in writing to make a request.

2.12. Your use of this website and any dispute arising out of such use of the website is subject to the laws of New Zealand.

3. Guests and Registered Users

3.1. You may access and/or use the website as a guest or as a member.

3.2. To become a member of the website, you must provide your name and address, telephone number and a valid email address, etc. If you do not provide accurate and complete details, we may not be able to activate your membership or supply products to you accordingly. You agree to keep your membership details current at all times by accessing your account via the website or by contacting us in writing.

3.3. We only permit one registration per email address.
3.4. An email is deemed to be received 2 hours after the time sent (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered.

3.5. You must not use another members’ account without permission.

3.6. You agree to notify us in writing immediately via our website or alternatively email online@https://designfence.co.nz/ if you become aware of any security breach or any unauthorised use of your account.

3.7. We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.

4. Legal Capacity

4.1. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
     a) accept these terms;
     b) agree that you have entered into a legal contract with Metallic M Limited in relation to these terms; and
     c) these terms, together with your Order, constitute the entire agreement between you and Metallic M Limited for the supply of products.
     d) Metallic M Limited reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an Order to be placed, for any loss or damage Metallic M Limited may suffer as a result of a transaction entered into by a minor.

5. Orders

5.1. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

5.2. You and Metallic M Limited may enter into a sale contract for the sale and supply of products, by you making an offer to Metallic M Limited via the website or in store, to purchase goods at the specified price, by:
     a) Placing an electronic Order for the products using the website;
     b) You confirming the Order details in accordance with the procedure on the website;
     c) You making payment in full (plus any applicable delivery charges) on the website; and
     d) The acceptance of that offer by Metallic M Limited.
5.3. When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
     a) Any requirements set out in these terms have been met;
     b) The electronic instruction containing the offer from you enters and is recorded in our database;
     c) A record is created and stored in our database; and
     d) Metallic M Limited receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
5.4. You acknowledge that:
     a) The transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Metallic M Limited for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third-party website providers or systems;
     b) To the extent permitted by law, Metallic M Limited is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
     c) Metallic M Limited may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
     d) Metallic M Limited may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5.5. You will receive an email from Metallic M Limited as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order, you may contact us via our website or alternatively email online@https://designfence.co.nz/.

5.6. If your Order is not accepted by Metallic M Limited, we will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.

5.7. Metallic M Limited may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.

5.8. Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Metallic M Limited cannot supply a particular product, Metallic M Limited will notify you by telephone or email as soon as possible.

5.9. Metallic M Limited will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.

5.10. If you have ordered a product that was advertised as “Pre Order” or “Back Order” during the initial ordering process, you cannot cancel your order.

5.11. If you have any query about the progress of your Order, please contact online@https://designfence.co.nz/

6. Price

6.1. Prices shown are in New Zealand dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change without notice.

6.2. Each published saving in respect of a product is by reference to the normal ticketed price of Metallic.

6.3. Images of products shown without any advertised price beside that image are not offered for sale.

6.4. Unless otherwise stated, any accessories shown in any image of products are not included in the price.

6.5. All limited time promotional prices, specials and other offers are set to New Zealand Time and will only be honoured during this time frame.

6.6. We reserve the right to correct any errors published on the website.

7. Payment

7.1. All payments must be made in full prior to delivery (including any applicable delivery and handling charges).

7.2. Payments must be made via our secure payment gateway accessible via the website and will be subject to any terms and conditions of these providers.

7.3. Metallic M Limited has the right to carry out security checks on all orders.

8. Supply and Delivery

8.1. Subject to you complying with these Terms and acceptance of your Order by Metallic M Limited, we will sell and supply the products to you as shown on your Order confirmation.

8.2. Products may not be available for immediate delivery.

8.3. Prior to you complete your Order you will be prompted to select whether you wish to collect your Order from a Metallic M Limited Store or to have the Order delivered to an address specified by you.

8.4. Delivery of the Products is deemed to have taken place when:
     a) You take possession of the Products at a Metallic M Limited store; or
     b) The Products are delivered by us or Metallic M Limited’s nominated carrier to your nominated address.

8.5. Your nominated address is the address specified in the Order.

8.6. Delivery of the Products must not be refused by you after an Order has been accepted by us.

8.7. A Proof of Delivery (“POD”) document signed by you, or anyone appearing to act on your behalf will be deemed confirmation by you that the delivery of Products is in accordance with your Order.

9. Delivery by Post or Carrier

9.1. The terms of this clause apply where you select to have your goods delivered to a specified address.

9.2. The delivery address must be an address within New Zealand and cannot be a freight forwarding Location. Deliveries cannot be made to P.O. Boxes.

9.3. Metallic M Limited will use its best endeavours to deliver your Order within any stated time frames for dispatch, however Metallic M Limited does not warrant that these time frames will always be met, as many factors may affect these time frames.

9.4. Metallic M Limited does not include insurance as part of any product purchased; this will need to be purchased separately by you for any lost or damaged goods. Metallic does not accept liability for any goods lost or damaged in transit.

9.5. Metallic M Limited cannot and will not accept responsibility for delivery failures or delays by our third-party delivery contractor. Metallic will not be liable to you for any loss or damage or expense arising from failure by us or our third-party delivery contractor to deliver the Products at a specified time, promptly or at all and the failure of Metallic or our third-party delivery contractor to deliver at a specific time or at all will not entitle you to treat an agreement the subject of the Terms as repudiated.

9.6. Metallic M Limited or to have the Order delivered to an address specified by you.

9.7. You must make all arrangements necessary to accept delivery of the Products at your nominated address.

9.8. Undeliverable or Refused Shipments
     a) If a shipment is returned to us because the address you provided in your order is undeliverable or incorrect, you will be responsible for the full cost of shipping the order to a corrected address. We will contact you to obtain a correct address and approval for the additional cost of freight;
     b) The cost of freight to send out your order is non-refundable.
     c) Any custom-made product is non-refundable.
9.9. All tracking information is accessible through Mainfreight or Toll’s website or www.https://designfence.co.nz/ after you log in. We may have to adjust the transport fee according to the real cost charged by the freight company if any circumstance changed. 9.10. We may not group two distinct orders placed separately, and shipping fees may apply to each of them.

10. Orders for Collection at a Metallic M Limited Store

10.1. The terms of this clause apply where you select to collect your Order from a Metallic M Limited Store.

10.2. If you select to collect your goods from a Metallic M Limited Store, a representative of the relevant Metallic M Limited Store will contact you by telephone or email to notify you when the Order is available for collection.

10.3. Orders for collection at a Metallic M Limited Store must be collected within 7 days of the relevant Metallic M Limited Store giving you notice by telephone or by email that your Order is available for collection. If your Order is not collected within this time, the relevant Metallic M Limited Store has the right to allocate those goods to another customer and reorder the goods for you.
10.4.Your order could be damaged/devalued after 7 days since arrival as we have no responsibilities to stock your order. We are not responsible for any damage or loss of your order after 7 days since we send you any notice. Any orders left in our depot more than 15 working days after we send you any notice occurs at a $150 restocking fee.
10.5.We encourage all our buyers to visually check products thoroughly before you accept it, then we know if any damage/defect exists before you take it away. Please do not accept or take any products away before your acceptance.


10.6. When picking up your items, you are required to supply a copy of your order, pickup code, photo ID and/or credit card used to make the purchase.

11. Title and Risk in Goods

11.1. The risk (but not title) in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.

11.2. Legal and beneficial ownership of the Products will remain with the Company and will not pass to you until the Company has received in full (cash or cleared funds) all sums due to it in respect of the Products.

12. PayPal and Credit Card Fraud

12.1. The website employs Shopify and/or Windcave and/or PayPal secure payment gateway to secure our payment systems.

12.2. To the extent permitted by law, Metallic M Limited will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card or PayPal account is fraudulently used or is used in an unauthorised manner.

13. Disclaimer and Limitation of Liability

13.1. Metallic M Limited acknowledges that certain legislation in New Zealand, including Consumer Guarantees Act 1993, provides guarantees and rights which cannot be excluded, restricted, or modified or which may in certain cases only be modified or restricted to a limited extent. Nothing in these terms and conditions excludes, restricts, or modifies, or is intended to exclude, restrict, or modify, any guarantee, condition, warranty, right or liability implied by law (including any guarantee, condition, right or liability imposed under the Consumer Guarantees Act 1993 to the extent it cannot lawfully be excluded, restricted, or modified. This clause is not intended to exclude or limit any rights which you may have under the Consumer Guarantees Act 1993.

13.2. To the extent permitted by law, Metallic M Limited accepts no responsibility and exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
     a) Errors, mistakes or inaccuracies on the website;
     b) You are acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
     c) Personal injury or property damage of any kind resulting from your access or use of the website;
     d) Any unauthorised access to or use of the websites secure servers;
     e) Any interruption or cessation of transmission to or from the website;
     f) Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
     g) The quality or fitness for any purpose of any linked sites.

13.3. Except as expressly provided in these terms, and to the fullest extent allowed by the law, Metallic M Limited and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.

13.4. Subject to clause 14.1 and to the full extent permitted by law, the liability of the Company in respect of a breach of a guarantee, condition or warranty implied by legislation (other than any non-excludable implied guarantees, conditions or warranties), including liability for any consequential loss which you or any other entity or person may sustain or incur, will be limited, at the Company’s option, to:
     a) If the breach relates to supply of goods:
     b) The provision of a refund; or
     c) Replacement of the goods; or
     d) Repair of the goods; or
     e) The payment to you of the reasonable cost of having the goods repaired or replaced.
     f) If the breach relates to services:
     g) The provision of a refund; or
     h) Re-supply of the services; or
     i) The payment to the Customer of the reasonable cost of having the services re-supplied.

13.5. The Customer acknowledges and agrees that in entering into an agreement the subject of the Terms it has not relied in any way on the Company’s representations and that it has satisfied itself as to the suitability of the Products for the Customer’s purposes.

14. Indemnity

14.1. You will at all times indemnify, and keep indemnified, Metallic M Limited, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.

15. Return and Refund Policy

15.1. Please contact us in writing via our website or alternatively email online@https://designfence.co.nz/ within 7 days of delivery if you would like to request returns or refunds.

15.2. We will let you know our decision within about 5 working days from the time of your request.

15.3. Please choose carefully as refunds are not normally provided where you have simply changed your mind, made a wrong selection, simply found the item cheaper elsewhere, etc. We recommend you carefully preview any proposed Orders before adding them to your shopping cart and proceeding with your Order.

15.4. If any product ordered by you arrives damaged or is not of acceptable quality, you may have:
     a) Rights under the Return and Refund Policy;
     b) Legal rights and remedies in Australia or New Zealand under Consumer Guarantees Act 1993 and other rights under other consumer laws applying in New Zealand Territory; and/or
     c) To have the product repaired or replaced or to receive a refund of the price paid by you for the product.
15.5. If a refund or credit is granted, applicable items will need to be returned within 14 days from the time of approval.
     a) If your item is damaged or faulty and eligible for return,
     b) We will pay for return postage.
     c) We will provide a way for you to return the item.
     d) You will need to send it back using the postage label or other method provided by us.
     e) If the whole order is approved to return, the refund or credit of the total amount of the order including the cost of freight will be issued; otherwise,
     f) The cost of freight to send out your order will be deducted from the refund or credit total.
     g) Metallic M Limited can take up to 14 days to issue the refund or credit for any returned items after we receive the applicable items.

15.6. We also recommend you immediately inspect any goods that we deliver to you or that you collect from a Metallic M Limited store, to ensure you are completely satisfied with the goods, including that the goods are of acceptable quality, and match the description we have provided to you.

15.7. Signing the delivery note means you have received the goods and they are in good working order and take ownership for those goods. Metallic M Limited will not be liable for these delivered goods once the delivery note signed.

15.8. If your order arrives damaged, the quickest way to resolve the issue is to contact us via our website or alternatively email online@https://designfence.co.nz/.

16. Delays

16.1. Metallic M Limited will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.

17. Privacy Policy

17.1. Our Privacy Policy available on this website explains how your personal information is collected and managed in accordance with the New Zealand Privacy Act 2020.

17.2. The privacy of your personal information is important to us. Metallic M Limited does not sell or trade customers personal information collected online with third parties.

17.3. Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).

17.4. When you register as a user on Metallic M Limited website, we will also use your personal information to send you marketing and/or promotional materials from time to time. You can unsubscribe from marketing information at any time by using the unsubscribe function within the electronic marketing material.

17.5. Metallic M Limited and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact us. Personal information may include your name, delivery address, residential and/or postal address, telephone number and email address, etc.

17.6. You can update your personal information anytime by accessing your account on our website.

17.7. The personal information we collect from you will be used in some or all of the following ways:
     a)To deliver the products you have purchased from Metallic M Limited.
     b) To update you on the delivery of the product and for customer support purposes.
     c) To provide you with relevant product information.
     d) To customize future shopping for you and improve our store.

17.8. Online payments are handled by Shopify payment and/or Windcave and/or Paypal. Metallic M Limited does not store your credit card or banking details. Please check the www.windcave.com and www.paypal.com websites for details of their privacy policies and security measures.

17.9. Metallic M Limited and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Metallic M Limited and/or its third party may use your email address to send you messages concerning your membership account, any Orders you place and information about the products sold via the website or in store that Metallic M Limited thinks may be of interest to you. If you would prefer not to receive promotional or other material from Metallic M Limited or its third parties, please let us know and we will respect your request. You also agree that Metallic M Limited and/or its third parties may contact you by telephone, email and/or text message to arrange delivery or collection of your Order.

17.10. Metallic M Limited ensures that all information collected will be safely and securely stored. We protect your personal information by:
     a) Restricting access to personal information.
     b) Maintaining technology products to prevent unauthorised computer access.
     c) Securely destroying your personal information when it’s no longer needed for our record retention purposes.
     d) Metallic M Limited uses SSL (secure sockets layer) encryption technology when processing your financial details.
     e) We will not share your information with any other organisations other than related companies and those third parties directly related to the delivery of the products you have purchased from Metallic M Limited.
     f) In exceptional circumstances Metallic M Limited may be required to disclose personal information, such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, or for law enforcement purposes.
     g) Metallic M Limited is committed to complying with the Privacy Act and the National Privacy principles.

17.11. If you believe that your privacy has been breached by Metallic M Limited, please contact us in writing via our website or alternatively email online@https://designfence.co.nz/ and we will resolve the issue.

17.12. When you visit Metallic M Limited, our company servers will automatically record information that your browser sends whenever you visit a website. This data may include:
     a) Your computer’s IP address.
     b) Browser type.
     c) Webpage you were visiting before you came to our website.
     d) The pages within Metallic M Limited you visit.
     e) The time spent on those pages, items and information searched for on our site, access times and dates, and other statistics. This information is collected for analysis and evaluation in order to help us improve our site and the services and products we provide. This data will not be used in association with any other personal information.

17.13. We may use your personal information to send you promotional information about third parties which we think you may find interesting.

17.14. You may request details of personal information which we hold about you under the Data Protection Act 1998 . A small fee will be payable. If you would like a copy of the information held on you please contact us in writing via our website or alternatively email online@https://designfence.co.nz/.

17.15. If you believe that any information we are holding on you is incorrect or incomplete, please contact us in writing via our website or alternatively email online@https://designfence.co.nz/ as soon as possible. We will promptly correct any information found to be incorrect.

18. Warranty

18.1. Our goods come with guarantees that cannot be excluded under the New Zealand Consumer Law. If you have a minor problem with a service or product, Metallic M Limited can choose to give you a free repair instead of a replacement or refund. Metallic M Limited keeps use their reasonable effort to keep the products following the normal or above standard for the similar products on the market.

18.2. For Goods not manufactured by Metallic M Limited, the warranty shall be the current warranty provided by the manufacturer of the Goods. Metallic M Limited shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.

18.3. Warranty Period
·18.3.1. Metallic M Limited products are covered by a one-year limited warranty, except for the items listed below or other stated.
oa) Metallic M Limited Aluminium Driveway Gates, Side Gates, and Fence panels have a 10-year limited warranty.
·18.3.2. All warranties are valid for the period starting on the original date of purchase (time being of the essence) and are only valid once payment has been received in full.
18.4. Powder Coated Finish of our aluminium gates and fence panels.
18.4.1. The warranty excludes the following cases:
·a) Aging of the powder coating (softening, fouling, permeability, chalking, loss of shine, uniform discoloration, etc.) is a gradual and natural phenomenon, it is not a defect.
·b) In the long term, they are on the free surface and after wiping they are found on the cloth. This is natural depigmentation. To delay this phenomenon, it is necessary to clean your powder coated and wooden sublimed product regularly and as soon as it is installed.

18.5. Subject to the conditions of the warranty as set out in clause 18.2, Metallic M Limited warrants that its products will be as described, of an acceptable quality, and free from any manufacturing defects. It’ll also be fit for purpose.

If a product with a manufacturer’s defect becomes apparent and is reported to us within its warranty period, then the Seller (us) will either, at our sole discretion, replace the product or repair the defect. The warranty provided by Section 19 is also subject to the following conditions:
·18.5.1. Valid proof of purchase is required and must be provided at the submission of any claims.
·18.5.2. The product must not have been modified or altered in any way without our written consent.
·18.5.3. All Products must be maintained as per the maintenance guidelines.
·18.5.4. The warranty covers original Buyer only and cannot be transferred to anyone else.
·18.5.5. If replacement parts or goods are required, we reserve the right to replace these with parts or goods currently in production that are of the same or similar specification.
·18.5.6. The acceptance by Metallic M Limited of any claim under this warranty is conditional upon a representative of Metallic M Limited being given a reasonable opportunity to inspect the product prior to any remedial work.
·18.5.7. This warranty applies only to product installed within New Zealand.
·18.5.8. The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
     a) fair wear and tear; or
     b) any accident or act of God; or
     c) the continued use of any Goods after a defect becomes apparent and known, or would have become apparent to a reasonably advisable operator and/or user; or
     d) scratching, chipping, abrasion, marks or any other damage and/or deterioration caused by impact, misuse, or accident; or
     e) deformation of the support surface; or
     f) friction from blunt objects; or
     g) metal substrate deterioration through rusting or oxidization; or
     h) excessive condensation and/or foreign matter, including but not limited to, dust, environmental matter, animal excrement; or
     i) significant thermal shocks; or
     j) faulty drainage system (clogging of drainage holes); or
     k) damage caused by cleaning that does not comply with the maintenance instructions or by careless repair; or
     l) normal wearing or aging, including loss of gloss, and colour of painted surfaces; or
     m) attack from chemical agents, fumes, liquids, or solids; or
     n) damage caused by galvanic couples resulting from the application of components made of incompatible alloys (copper, lead, zinc, etc.)
     o) failure on the part of the Buyer to follow the instructions or guidelines provided by the Seller; or
     p) failure to adhere to the maintenance procedure outlined in clause 18.7; or
     q) the installation of the Product(s) less than 2-kilometres from marine or industrial influences; or
     r) any use of any Goods other than the specified application on the quote or order form; or
     s) defects which would be the consequence of external acts like war, explosion and natural disasters; or
     t) the intervention of a third party; or
     u) as a result of force majeure.
·18.5.9. Our liability under this warranty is limited to the supply of replacement parts only and it does not include or extend to: Labour costs associated with the removal or repair of the defective Product, or installation of the replacement Product; or Injury to persons, damage to property, loss of income, profit or business, or any other indirect loss arising from or caused in any way by the defective Product.

18.6. Instructions for Use
Gates and fences should be used under normal conditions. The following are considered abnormal conditions of use:The following are considered abnormal conditions of use:
– Maneuvering the gate during windy weather;
– Forcing the gate to open or close;
– Slamming the gate to close or open it;
– Climbing the gate or fence to pass over.
– Gates must be operated without having to force. If it is difficult to open or close the product, you must contact your installer.

18.7. Maintenance
Regularly wash your fence in the same manner that you would your car. You should clean your gate/fence on a weekly basis with a soft bristle brush and water to remove dust, dirt, grime, debris, cobwebs, and salt deposits that have built up over time. Wash with a mild detergent and then rinse off with fresh water every three months. Do not use abrasive scrubbing materials or acidic or alkaline agents.

19. Intellectual Property Rights

19.1. The Metallic M Limited logos are the intellectual property of Metallic M Limited and used under limited license by Metallic M Limited.

19.2. You acknowledge that any intellectual property rights, including graphics, logos, trademarks, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, are owned by Metallic M Limited, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by New Zealand and international laws and nothing in these Terms of Use gives you a right to use any of them.

19.3. Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Metallic M Limited makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.

19.4. You may view this website and its contents for personal use only, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Metallic M Limited or, in the case of third party material, from the owner of the copyright in that material.

19.5. You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.

19.6. If you correspond or otherwise communicate with Metallic M Limited, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.

20. Interpretation

20.1. In this Terms, unless the context otherwise requires:
     a) Clause and subclause headings are for reference purposes only;
     b) The singular includes the plural and vice versa.

For full details of product information, product price, and conditions, or

questions about terms and conditions, please contact us at

online@metallic.co.nz