Terms of Trade
These Terms of Trade ("Terms") apply to products and services supplied by MowBot Limited.
Please read these Terms before placing an order, accepting a quotation or engaging MowBot to provide products or services.
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under New Zealand law, including rights available to consumers under the Consumer Guarantees Act 1993 ("CGA") and Fair Trading Act 1986 ("FTA").
1. About MowBot
MowBot is operated by:
MowBot Limited
Company Number: 8149794
NZBN: 9429048892254
Registered Office: Unit 9, 1 Putaki Drive, Kumeu, Auckland 0810, New Zealand
Email: support@mowbot.co.nz
Website: www.mowbot.co.nz
In these Terms, "MowBot", "we", "us" and "our" mean MowBot Limited unless a quotation, invoice or other written agreement expressly identifies another supplier.
"You" and "your" mean the person or entity purchasing products or services from us.
2. Application of these Terms
These Terms apply to MowBot’s supply of:
- robotic lawn mowers;
- accessories and spare parts;
- site assessments and demonstrations;
- installations and mapping;
- servicing, maintenance and repairs;
- call-outs and diagnostic work;
- online purchases; and
- other products or services supplied by MowBot.
These Terms should be read together with our separate:
- Privacy Policy;
- Returns & Refunds Policy;
- Delivery Policy;
- Installation & Service Policy;
- Warranty & Consumer Rights Policy; and
- Finance & Payment Information.
Product-specific terms, manufacturer warranties, quotations and written agreements may also apply.
Where a specific written agreement applies to a particular product or service, its specific provisions take priority over these general Terms to the extent of any inconsistency, subject always to applicable law.
3. Quotations
Unless otherwise stated, a quotation is an invitation to place an order and does not itself reserve stock or oblige MowBot to supply the quoted products or services.
A quotation is valid for the period stated on it.
If no validity period is stated, we may amend or withdraw the quotation before acceptance.
Quotations are based on the information reasonably available to MowBot at the time.
Where a quotation is based on photographs, plans, conversations, remote assessment or an initial site visit, additional work or equipment may be required if actual site conditions differ materially from the information available when the quotation was prepared.
We will discuss material additional costs with you before carrying out additional chargeable work wherever reasonably practicable.
Obvious typographical, calculation or pricing errors may be corrected before an order is accepted.
If an error is discovered after acceptance, we will contact you promptly and deal with the matter reasonably and in accordance with applicable law.
4. Orders and acceptance
An order generally becomes binding when:
- you accept our quotation or otherwise confirm that you wish to proceed;
- any required deposit or payment has been received; and
- MowBot accepts the order.
Acceptance may be confirmed by an order confirmation, invoice, receipt, allocation of stock, commencement of work or another clear written confirmation from MowBot.
For products that are not currently in stock, acceptance of an order does not mean that an estimated arrival or delivery date is guaranteed.
MowBot may decline an order before acceptance where, for example:
- stock is unavailable;
- an obvious pricing error has occurred;
- finance approval has not been obtained;
- the requested product is not reasonably suitable; or
- we cannot reasonably supply the requested product or service.
5. Deposits, special orders and pre-orders
MowBot may require a deposit to:
- confirm an order;
- reserve available or incoming stock;
- place a supplier order; or
- reserve installation capacity.
The required deposit will normally be shown on the quotation or invoice.
Once MowBot accepts an order, we may incur costs and commitments in reliance on it.
If you cancel without a legal right to cancel, MowBot may retain from your deposit an amount reasonably reflecting losses or costs caused by the cancellation.
These may include reasonable:
- supplier cancellation charges;
- freight costs;
- non-refundable transaction costs;
- special-order costs; and
- other commitments directly arising from the cancelled order.
Any balance of the deposit that MowBot is not lawfully entitled to retain will be refunded.
Products specifically ordered, imported, configured or obtained for you may be more difficult to cancel once MowBot has committed to obtaining them.
Nothing in this section limits a cancellation or refund right available under the CGA or other applicable law.
6. Pricing and GST
Unless expressly stated otherwise:
- consumer website prices are inclusive of GST;
- commercial or trade quotations may show prices exclusive of GST where clearly stated;
- delivery is additional unless expressly included;
- installation is additional unless expressly included; and
- accessories, site work and additional services are not included unless expressly stated.
The agreed price is the price applying when your order is accepted, subject to agreed variations.
7. Payment
Payment must be made in accordance with the applicable quotation or invoice.
Unless MowBot agrees otherwise in writing, full payment may be required before products are:
- delivered;
- released for collection; or
- installed.
MowBot may require cleared funds before releasing equipment or commencing installation.
Where a particular payment method attracts a surcharge or processing fee, this will be disclosed before payment where required.
Third-party finance is subject to the relevant finance provider’s approval and terms.
Please see our Finance & Payment Information page.
8. Overdue accounts
Where an undisputed amount is overdue, MowBot may reasonably:
- pause further work;
- postpone future services; or
- withhold products that have not yet been supplied,
until the overdue amount is paid.
For qualifying commercial transactions, MowBot may also seek reasonable debt-recovery costs actually incurred where permitted by law and the applicable agreement.
Nothing in this section prevents a customer from legitimately disputing an invoice or exercising a lawful right to withhold payment.
9. Product availability and delays
Many MowBot products are manufactured overseas.
Availability and delivery may therefore be affected by:
- manufacturing schedules;
- supplier allocations;
- international shipping;
- customs clearance;
- port delays;
- dangerous-goods requirements;
- domestic freight;
- production interruptions; and
- other circumstances outside MowBot’s direct control.
Estimated arrival or delivery dates are estimates unless MowBot expressly agrees in writing to a guaranteed date.
Where we become aware of a material delay, we will take reasonable steps to keep affected customers informed.
Applicable statutory rights relating to unreasonable delay remain unaffected.
10. Delivery and collection
Delivery and collection are governed by our separate Delivery Policy.
Where MowBot arranges delivery to a consumer, MowBot remains responsible for its delivery obligations under applicable consumer law.
Please inspect products promptly after delivery and notify us as soon as reasonably practicable if anything appears damaged, incomplete or incorrect.
11. Cancellations, returns and change of mind
MowBot is not required to provide a refund merely because a customer changes their mind where there is no legal right to cancel.
Please contact us promptly if you wish to change or cancel an order.
Different rules apply where goods are faulty, services fail to comply with statutory guarantees or legislation otherwise gives you a remedy.
Please see our separate Returns & Refunds Policy.
12. Robotic mower suitability and performance
Robotic mower performance is highly dependent on the individual property and operating environment.
Relevant factors may include:
- lawn size and shape;
- slopes and terrain;
- grass type and condition;
- narrow passages;
- trees;
- buildings;
- retaining walls and drop-offs;
- garden beds;
- obstacles;
- satellite visibility;
- GPS/GNSS and RTK conditions;
- Wi-Fi and cellular coverage;
- weather;
- landscaping;
- mower configuration; and
- changes to the property.
MowBot will take reasonable care when recommending a mower.
Manufacturer maximum specifications, including area and slope ratings, should not be interpreted as a guarantee that the maximum stated capability will be achievable at every property.
Where you tell us about a particular purpose and rely on our skill or judgement, applicable CGA rights remain unaffected.
13. Installation and mapping
Installation and mapping are governed by our separate Installation & Service Policy.
Depending on the quotation, installation may include:
- mower setup;
- charging-station positioning;
- RTK/reference-station positioning and installation where safely accessible;
- boundary-wire installation where applicable;
- virtual mapping;
- mowing zones;
- stay-out areas;
- transport paths;
- application setup;
- initial settings; and
- customer handover.
Only work included in the applicable quotation or order forms part of the agreed installation.
Working at height
For health and safety reasons, MowBot technicians do not install RTK antennas, reference stations or similar equipment on roofs, high walls or other locations requiring unsafe access or specialist height-access work.
Where equipment needs to be installed at height, the customer may need to engage an appropriately qualified and equipped third-party contractor.
Further details are contained in our Installation & Service Policy.
14. Customer-installed products
Where a product is purchased without MowBot installation, the customer is responsible for installing, mapping and configuring it in accordance with manufacturer instructions.
MowBot is not responsible for a fault or performance issue to the extent it is caused by incorrect installation, mapping, configuration or alteration by the customer or another third party.
If MowBot is subsequently asked to diagnose, remap, reinstall, reposition or correct a customer-installed system, that work may be chargeable.
This does not affect rights relating to an underlying product defect.
15. Changes to the property
Mower installations and maps are based on the property as it exists at the time of installation.
Later changes may require remapping, reconfiguration or additional installation work.
These can include changes to:
- gardens;
- fencing;
- driveways and paths;
- pools;
- buildings;
- retaining walls;
- trees;
- lawn boundaries;
- terrain;
- charging-station locations;
- RTK/reference-station locations; or
- Wi-Fi infrastructure.
Additional work required because of later property changes will normally be chargeable.
16. Safe operation
Robotic lawn mowers contain moving cutting blades.
Customers must operate products in accordance with manufacturer instructions and safety warnings.
Once a mower has been handed over, the customer is responsible for normal day-to-day operation and mowing schedules.
Customers should take reasonable precautions regarding:
- children;
- pets and animals;
- visitors;
- public areas;
- toys;
- outdoor furniture;
- vehicles; and
- other potential hazards.
MowBot is not responsible for injury or property damage to the extent caused by misuse, unsafe operation, unauthorised alteration or use contrary to manufacturer instructions, except where liability cannot lawfully be excluded.
17. Servicing and repairs
Servicing, diagnosis, repairs, call-outs and on-site attendance are governed by our Installation & Service Policy.
Unless work is covered without charge under an applicable statutory remedy or warranty, charges may include:
- call-out or attendance;
- travel;
- collection and return;
- diagnosis;
- labour;
- parts;
- consumables; and
- freight.
Material additional chargeable work will not normally be undertaken without customer approval.
18. Normal wear, maintenance and component life
Robotic mowers are outdoor machines that may operate for many hours every week.
Components are therefore subject to normal wear.
Component life varies depending on matters including:
- operating hours;
- terrain;
- slopes;
- lawn conditions;
- weather;
- moisture;
- maintenance; and
- use.
Parts that may require replacement during a mower’s life include:
- blades;
- bearings;
- seals;
- wheels and tyres;
- bushes;
- cutting equipment;
- charging contacts;
- batteries;
- motors; and
- other moving or consumable components.
The need to replace a worn component does not necessarily mean that the mower is defective.
Conversely, describing something as a wear item or the expiry of a manufacturer’s warranty does not automatically remove CGA rights.
Any claim will be considered having regard to the product’s age, price, usage, maintenance and nature of the failure.
19. Manufacturer warranties
Products may include manufacturer warranties.
These warranties vary by product, brand and component.
Manufacturer warranties are additional to, and do not replace, statutory consumer rights.
Expiry of a manufacturer’s warranty does not automatically mean that a consumer no longer has rights under the CGA.
Please see our Warranty & Consumer Rights Policy.
20. Consumer Guarantees Act 1993
Where you acquire products or services as a consumer for the purposes of the CGA, statutory guarantees apply.
Depending on the circumstances, goods must:
- be of acceptable quality;
- be fit for an applicable particular purpose;
- match their description; and
- satisfy other applicable statutory guarantees.
Services must also comply with applicable guarantees, including being carried out with reasonable care and skill.
The appropriate remedy depends on the nature and seriousness of any failure.
Nothing in these Terms requires a consumer to give up a remedy available under the CGA.
21. Business and commercial customers
Where:
- MowBot supplies goods or services in trade;
- you acquire them in trade;
- all parties are in trade;
- the agreement is in writing;
- the parties agree that the CGA will not apply; and
- it is fair and reasonable that the parties be bound by that agreement,
the parties agree, to the maximum extent permitted by section 43 of the Consumer Guarantees Act 1993, that the CGA will not apply to that transaction.
This clause does not apply to ordinary consumer transactions and does not exclude the CGA unless the statutory requirements for contracting out have been satisfied.
22. Fair Trading Act 1986
Nothing in these Terms excludes or limits the FTA.
MowBot will not rely on these Terms in a manner that would unlawfully:
- mislead or deceive;
- make a false representation; or
- enforce an unfair contract term in a standard-form consumer contract or qualifying small trade contract.
23. Software and third-party services
Some products rely on services operated by third parties, including:
- manufacturer applications;
- manufacturer cloud services;
- cellular networks;
- internet services;
- Wi-Fi;
- GPS/GNSS satellite systems;
- RTK services; and
- manufacturer servers.
MowBot cannot guarantee uninterrupted availability of independently operated third-party services.
This does not exclude responsibility where MowBot has made a specific binding representation or where applicable statutory guarantees have not been met.
24. Software and firmware updates
Manufacturers may issue software, firmware and application updates that change:
- functionality;
- menus;
- settings;
- mapping;
- navigation;
- interfaces; or
- performance.
Customers should permit recommended updates where reasonably required for correct or safe operation.
25. Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
In particular, nothing limits applicable rights or obligations under the CGA or FTA.
Subject to that, MowBot is not responsible for loss caused solely by circumstances outside its reasonable control where MowBot has not breached an obligation owed to you.
For qualifying business transactions where the CGA has validly been contracted out of, MowBot will not be liable for indirect or consequential commercial losses including loss of profit, revenue, business opportunity or anticipated savings, except where liability cannot lawfully be excluded or MowBot has expressly agreed otherwise in writing.
26. Events outside our reasonable control
MowBot will not be treated as having breached an agreed timeframe to the extent performance is prevented or materially delayed by circumstances outside our reasonable control.
Examples include:
- natural disasters;
- severe weather;
- fire or flood;
- international shipping disruption;
- port closures;
- manufacturer production interruptions;
- customs or border delays;
- government action;
- dangerous-goods transport restrictions;
- major network or utility outages; and
- comparable events outside our reasonable control.
We will take reasonable steps to minimise the effect and communicate material delays.
This clause does not remove statutory rights relating to unreasonable delay.
27. Promotions
Individual promotions may have separate terms specifying:
- start and end dates;
- eligible products;
- qualifying conditions;
- stock availability; and
- exclusions.
Unless expressly stated otherwise, promotional offers cannot be combined.
An expired promotion does not remain available merely because an old advertisement, search result, email, social-media post or webpage remains accessible.
28. Competitions and giveaways
Specific competition terms will apply to individual promotions.
Unless those terms state otherwise:
- entrants must be New Zealand residents aged 18 or over;
- employees of MowBot and their immediate families are not eligible;
- entries must be received before the closing time;
- entrants must provide accurate information;
- winners will be selected in the advertised manner;
- MowBot will make reasonable attempts to contact the winner;
- prizes are not transferable or redeemable for cash unless stated otherwise; and
- a reasonably comparable prize may be substituted where the original prize becomes unavailable for reasons outside MowBot’s reasonable control.
Specific competition terms take priority over these general provisions.
29. Private and consignment sales
Where MowBot expressly facilitates the sale of a used mower on behalf of a private owner rather than selling it as principal, separate transaction documentation will apply.
That documentation will identify the seller and MowBot’s role.
Nothing in these Terms allows MowBot or another party to misrepresent the true nature of a transaction or avoid consumer legislation where it lawfully applies.
30. Privacy
MowBot handles personal information in accordance with the Privacy Act 2020 and our separate Privacy Policy.
31. Complaints and disputes
If you have a concern about a MowBot product or service, please contact us so that we have an opportunity to investigate and resolve it.
Please provide relevant information including your product, serial number where applicable, invoice or job details and an explanation of the issue.
Nothing in this process prevents either party from using a court, tribunal or dispute-resolution process available under New Zealand law.
32. Changes to these Terms
MowBot may update these Terms from time to time.
Updated Terms will ordinarily apply to transactions entered into after their effective date.
Changing the website Terms does not retrospectively remove rights or materially alter an existing agreement unless lawfully agreed.
33. Governing law
These Terms are governed by the laws of New Zealand.
New Zealand courts and tribunals have jurisdiction, subject to applicable law.
34. Contact
MowBot Limited
NZBN: 9429048892254
Email: support@mowbot.co.nz
Website: www.mowbot.co.nz