Clariq Terms of Service and Conditions of Sale

Effective date: 5 September 2026
Last updated: 5 September 2026

1. About Clariq

These Terms of Service and Conditions of Sale apply to the website, products, services, quotations, orders, accounts, information, and other activities operated or supplied by:

Clariq Limited
NZBN: 9429053861740

Email: info@clariq.nz
Website: www.clariq.nz

The registered office is not a retail store, collection point, delivery location, or returns address. Goods must not be delivered or returned to the registered office unless Clariq has expressly authorised this in writing.

2. Definitions

In these Terms:

• Business Customer means a Customer acquiring Goods or Services in trade and wholly or predominantly for business purposes.
• Clariq, we, us, and our mean Clariq Limited.
• Consumer means a person acquiring goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption.
• Customer, you, and your mean the person or organisation using the Website, requesting a quotation, opening an account, or acquiring Goods or Services.
• Goods means any product supplied or offered by Clariq.
• Policies means Clariq’s Privacy Policy, Shipping and Delivery Policy, Returns and Refunds Policy, and any other policy expressly incorporated into these Terms.
• SDS means a Safety Data Sheet.
• Services means services, technical support, demonstrations, training, consultation, or other assistance supplied by Clariq.
• Website means www.clariq.nz and any related online store or website controlled by Clariq.

3. Acceptance and authority

3.1 By using the Website, submitting an order, accepting a quotation, opening a trade account, or purchasing Goods or Services, you agree to these Terms.

3.2 If you purchase for an organisation, you confirm that you have authority to bind that organisation.

3.3 You must be at least 18 years old and legally capable of entering into a binding contract to place an order.

3.4 If you do not agree to these Terms, you must not place an order or use any restricted Website functionality.

3.5 At online checkout, you may be required to actively confirm that you have read and accepted these Terms and the Policies.

3.6 Clariq may retain records showing the version of the Terms accepted, the date of acceptance, the relevant order, and the acceptance method.

4. Order of precedence

4.1 These Terms apply unless Clariq expressly agrees otherwise in writing.

4.2 If there is an inconsistency, the following order applies:

a. a written supply agreement signed by Clariq and the Customer;
b. an accepted written quotation issued by Clariq;
c. these Terms;
d. the Policies; and
e. other Website content.

4.3 A purchase order or other document issued by the Customer does not amend these Terms unless Clariq expressly agrees to the amendment in writing.

5. New Zealand consumer protections

5.1 Nothing in these Terms excludes, restricts, or modifies any right, guarantee, remedy, or liability that cannot legally be excluded, restricted, or modified.

5.2 Eligible Consumers may have rights under the Consumer Guarantees Act 1993 and protections under the Fair Trading Act 1986.

5.3 Consumer guarantees may include that Goods are:

a. of acceptable quality;
b. safe and durable;
c. fit for a purpose communicated to and accepted by Clariq;
d. consistent with their description; and
e. delivered within an agreed time or, where no time is agreed, within a reasonable time.

New Zealand Consumer Protection guidance confirms that the Consumer Guarantees Act provides minimum guarantees around safety, quality, and usability and can provide repair, replacement, or refund remedies when guarantees are not met. 

5.4 A statement in these Terms or a Policy that Clariq does not accept change-of-mind returns does not affect a Consumer’s rights when a statutory guarantee has not been met.

5.5 Clariq will not use these Terms to avoid responsibility for false, misleading, deceptive, or unsubstantiated representations.

6. Business Customers and contracting out

6.1 This clause applies only where:

a. the Customer acquires Goods or Services in trade;
b. both Clariq and the Customer are in trade;
c. the Goods or Services are acquired for business purposes;
d. the agreement is in writing; and
e. contracting out is fair and reasonable.

6.2 Where clause 6.1 applies, the parties agree that the Consumer Guarantees Act 1993 does not apply to the relevant supply, to the maximum extent permitted by that Act.

6.3 Nothing in these Terms constitutes a general contracting out of the Fair Trading Act 1986.

6.4 If Clariq and a Business Customer intend to contract out of provisions of the Fair Trading Act, that arrangement must:

a. be expressly identified in writing;
b. specify the provisions affected;
c. satisfy the statutory requirements; and
d. be fair and reasonable.

6.5 If an exclusion or limitation is ineffective, it must be read down to the maximum lawful extent without affecting the remaining Terms.

The Fair Trading Act contains a general prohibition on contracting out and a limited exception for parties in trade. It also regulates unfair terms in standard-form consumer and trade contracts. 

7. Product information

7.1 Clariq takes reasonable care to keep product descriptions, specifications, instructions, prices, photographs, labels, SDS documents, and technical information accurate.

7.2 Images are illustrative. Colour, packaging, container style, and presentation may vary, provided the supplied Goods continue to correspond materially with their description.

7.3 Clariq may update product packaging, specifications, instructions, or documentation for safety, regulatory, manufacturing, or supply reasons.

7.4 You must read product information as a whole, including any qualifications, limitations, labels, SDS documents, and technical instructions.

7.5 Where information on the Website conflicts with the current approved label or SDS, contact Clariq before purchase or use.

7.6 Nothing in these Terms permits Clariq to make misleading, deceptive, false, or unsubstantiated claims.

8. Product suitability

8.1 Clariq supplies products for applications that may include commercial, industrial, agricultural, food-processing, sanitation, environmental, manufacturing, built-environment, maintenance, and professional uses.

8.2 Subject to non-excludable Consumer rights and any particular purpose expressly accepted by Clariq in writing, you are responsible for determining whether the Goods are suitable for:

a. your intended purpose and result;
b. the proposed substrate, surface, material, process, or equipment;
c. your application method and dilution;
d. the operating and environmental conditions;
e. compatibility with other substances, products, or systems; and
f. your legal, contractual, industry, and site-specific requirements.

8.3 Business Customers must undertake appropriate trials, compatibility checks, verification, and risk assessments before broad, critical, or irreversible use.

8.4 You must not rely solely on a general example, testimonial, demonstration, preliminary estimate, or result achieved in different operating conditions.

8.5 You must not use Goods for a purpose prohibited by the label, current SDS, applicable approval, or written instructions.

8.6 If you communicate a particular purpose to Clariq and seek a recommendation, Clariq will consider the information provided. You must disclose all material operating conditions and must read any qualifications attached to the recommendation.

8.7 This clause does not exclude any statutory fitness-for-purpose guarantee applicable to an eligible Consumer.

9. Technical guidance and professional advice

9.1 Clariq may provide technical data, dilution information, product recommendations, calculations, application examples, training, or general guidance.

9.2 Unless expressly agreed in a written professional-services engagement, that information:

a. is provided using information reasonably available to Clariq;
b. may depend on circumstances outside Clariq’s control;
c. must be considered with the applicable label and current SDS;
d. does not replace site-specific testing or a risk assessment; and
e. does not constitute legal, regulatory, engineering, environmental, occupational hygiene, food-safety, medical, or other independent professional advice.

9.3 You are responsible for supplying accurate and complete information about your intended use, process, quantities, equipment, other substances, environmental conditions, and required outcome.

9.4 Clariq is not responsible to the extent an unsuitable result was caused by materially inaccurate, incomplete, or withheld information supplied by you.

9.5 General assistance does not create a guarantee of a particular result.

9.6 Nothing in this clause excludes liability for statements or conduct that cannot legally be excluded, or allows technical information to be misleading or unsubstantiated.

10. Hazardous substances and dangerous goods

10.1 Some Goods may be hazardous substances, dangerous goods, corrosive substances, environmentally hazardous substances, or otherwise regulated.

10.2 Before ordering, receiving, handling, storing, transporting, diluting, applying, or disposing of regulated Goods, you must:

a. review the current label and SDS;
b. understand the applicable hazards and controls;
c. ensure the proposed delivery and storage location is suitable;
d. implement required emergency and spill procedures;
e. provide any required personal protective equipment;
f. ensure users are appropriately instructed, trained, and supervised; and
g. comply with applicable laws, approvals, notices, codes, and carrier requirements.

10.3 You must not:

a. mix Goods with another substance unless reliable product instructions permit it;
b. remove, obscure, or alter required labels;
c. repackage, decant, or resupply Goods unlawfully;
d. permit access by unauthorised persons or children;
e. use Goods outside their approved or instructed use; or
f. release or dispose of Goods in a way that may harm people, property, or the environment.

10.4 Clariq may restrict quantities, carriers, destinations, delivery methods, or customers where required for lawful and safe supply.

10.5 Clariq may require evidence that a Customer or workplace is permitted and adequately equipped to receive particular Goods.

10.6 Clariq may refuse or cancel supply where it reasonably believes the supply cannot be completed safely or lawfully.

10.7 The New Zealand Environmental Protection Authority states that an SDS communicates hazards and safe use, storage, transport, disposal, and emergency procedures. Suppliers of hazardous substances to workplaces are responsible for providing complete and correct SDS information. 

10.8 Importers, manufacturers, and suppliers must meet applicable New Zealand labelling, SDS, and packaging requirements for hazardous substances. 

10.9 Clariq’s internal SDS controls require product-specific verification of transport status, HSNO approval or group-standard controls, emergency information, PPE, disposal advice, revision history, and other matters before release. 

11. Orders and contract formation

11.1 Website listings and quotations are invitations to place an order unless expressly stated otherwise.

11.2 Your order is an offer to purchase Goods or Services under these Terms.

11.3 An automated acknowledgement confirms receipt but does not necessarily constitute acceptance.

11.4 A contract is formed when Clariq:

a. expressly accepts the order;
b. dispatches the Goods; or
c. begins supplying the Services.

11.5 Clariq may reject or cancel an order before acceptance where:

a. Goods are unavailable;
b. a material pricing or description error occurred;
c. payment could not be authorised;
d. fraud or unauthorised activity is reasonably suspected;
e. delivery is unavailable or legally restricted;
f. dangerous-goods requirements cannot be met;
g. the Customer has not supplied required information; or
h. accepting the order would be unlawful or unsafe.

11.6 If Clariq cancels a paid order before supply, Clariq will refund the amount received for the cancelled portion using the original payment method, unless another lawful method is agreed.

12. Prices, GST, and payment

12.1 Prices are in New Zealand dollars unless expressly stated otherwise.

12.2 Clariq will identify whether prices include or exclude GST.

12.3 The total price, including applicable shipping and disclosed charges, will be shown before an online order is submitted.

12.4 Clariq may change future prices without notice. Changes do not affect an already accepted order except by agreement or as permitted by law.

12.5 If an obvious pricing error occurs before acceptance, Clariq may offer you the choice of proceeding at the correct price or cancelling the affected order.

12.6 Payment is due at checkout unless Clariq has approved written credit terms.

12.7 The payment provider may impose additional terms relating to processing, fraud checks, refunds, or chargebacks.

12.8 You must not make an unjustified chargeback or payment reversal. This does not restrict a legitimate dispute or any statutory right.

13. Delivery

13.1 Clariq’s Shipping and Delivery Policy forms part of these Terms.

13.2 Delivery is available only to destinations and by methods approved by Clariq.

13.3 You must provide a complete, accurate, accessible, and safe delivery address.

13.4 Delivery timeframes are estimates unless Clariq expressly accepts a fixed delivery date in writing.

13.5 Clariq will take reasonable steps to dispatch and deliver orders promptly and will comply with applicable Consumer delivery obligations.

13.6 Dangerous goods, rural destinations, restricted locations, large orders, supply constraints, severe weather, and carrier limitations may affect available services and delivery estimates.

13.7 You must not request an authority-to-leave service where doing so would be unsafe, unlawful, or contrary to carrier requirements.

13.8 Reasonable redelivery or storage charges may apply where delivery fails because:

a. the address supplied was incorrect or incomplete;
b. access was unsafe or unavailable;
c. nobody was present where attendance was required; or
d. the Customer failed to supply necessary delivery information.

13.9 Clause 13.8 does not apply to the extent Clariq or its delivery provider caused the failure.

14. Risk and ownership

14.1 For Consumer purchases, risk passes in accordance with applicable New Zealand law.

14.2 For Business Customers, risk passes on delivery to the accepted delivery location, unless expressly agreed otherwise.

14.3 To the extent permitted by law, ownership of Goods supplied to a Business Customer does not pass until Clariq receives full payment for those Goods.

14.4 Until ownership passes, a Business Customer must:

a. keep the Goods identifiable;
b. store them appropriately;
c. not grant a security interest over them; and
d. preserve them from loss or damage.

14.5 Where Clariq supplies Goods on credit and intends to rely on security or retention-of-title rights, additional written credit and Personal Property Securities Act terms may apply.

15. Inspection, damage, and shortages

15.1 You should inspect Goods promptly after delivery.

15.2 Notify Clariq as soon as reasonably possible if Goods are:

a. damaged;
b. leaking;
c. missing;
d. defective;
e. incorrectly supplied; or
f. materially inconsistent with the order.

15.3 Include the order number, batch information where available, a description of the issue, and photographs where appropriate.

15.4 Retain the Goods, labels, packaging, and delivery documents until Clariq provides instructions, unless retaining them would create a safety risk.

15.5 Prompt notification assists investigation and carrier claims, but does not remove a statutory right that cannot legally be removed.

16. Returns, refunds, and remedies

16.1 Clariq’s Returns and Refunds Policy forms part of these Terms.

16.2 Clariq does not generally accept returns merely because you:

a. changed your mind;
b. ordered the wrong quantity;
c. selected the wrong product; or
d. no longer require the Goods.

16.3 Clause 16.2 does not affect any remedy required by law.

16.4 You must obtain return authorisation before sending Goods to Clariq.

16.5 The registered office is not a returns address. Clariq will provide an appropriate address and transport instructions if a return is authorised.

16.6 Hazardous substances, dangerous goods, opened chemicals, custom Goods, special-order Goods, clearance Goods, and Goods that cannot be safely or lawfully resold will not ordinarily be accepted as discretionary returns.

16.7 Where Goods fail an applicable statutory guarantee, Clariq will provide the remedy required by law.

16.8 New Zealand Consumer Protection guidance states that the CGA does not ordinarily provide a remedy where a Customer simply changes their mind, or where misuse or alteration caused the problem.

17. Recalls and safety action

17.1 If Clariq issues a recall, withdrawal, safety notice, or corrective-action instruction, you must:

a. stop using or supplying affected Goods when instructed;
b. isolate affected stock where appropriate;
c. follow reasonable safety instructions;
d. preserve relevant batch and purchase information; and
e. reasonably assist with product tracing.

17.2 Clariq may contact Customers about safety matters using transaction or account contact details.

17.3 This clause does not limit either party’s statutory duties.

18. Customer responsibilities

18.1 You must:

a. use Goods only for lawful and appropriate purposes;
b. follow labels, SDS documents, and written instructions;
c. apply appropriate workplace controls;
d. maintain safe storage and inventory controls;
e. protect Goods from contamination and unauthorised access;
f. ensure workers and users are appropriately trained; and
g. obtain permissions, approvals, qualifications, or certifications required for your activities.

18.2 If you resupply Goods, you are responsible for complying with laws applying to the resupply, including requirements relating to labels, packaging, safety information, product claims, transport, and SDS availability.

18.3 You must not make representations about Goods that are unapproved, misleading, deceptive, false, or unsubstantiated.

19. Website use

19.1 You may use the Website for lawful personal or business purposes relating to Clariq.

19.2 You must not:

a. interfere with Website operation or security;
b. introduce malicious code;
c. attempt unauthorised access;
d. use false identities or payment information;
e. scrape or systematically extract content without permission;
f. infringe intellectual property; or
g. use Website content unlawfully or misleadingly.

19.3 Clariq may restrict access where reasonably necessary to protect its systems, Customers, intellectual property, or legal interests.

19.4 Clariq may correct, update, suspend, or withdraw Website content.

19.5 Clariq does not promise uninterrupted Website access, but nothing in this clause excludes non-excludable rights.

20. Third-party services and links

20.1 The Website may use or link to third-party payment, delivery, analytics, communication, social-media, or technology services.

20.2 Third-party services may be governed by their own terms and privacy policies.

20.3 Clariq is not responsible for third-party content or services merely because the Website contains a link to them.

20.4 Nothing in this clause excludes responsibility where Clariq remains legally responsible for selecting, representing, or supplying a third-party service.

21. Intellectual property

21.1 Clariq or its licensors own the intellectual property in:

a. Clariq names, trademarks, and logos;
b. Website text, structure, and design;
c. original images and graphics;
d. product information and technical materials created by Clariq;
e. templates and training materials; and
f. other original Clariq content.

21.2 You may download and print product information for lawful internal use connected with the relevant Goods.

21.3 You must not reproduce, alter, republish, sell, commercialise, remove attribution from, or misleadingly use Clariq content without written permission.

21.4 Nothing in these Terms transfers ownership of Clariq’s intellectual property.

21.5 Nothing in this clause claims ownership over third-party materials or factual safety information that Clariq does not own.

22. Privacy

22.1 Clariq’s Privacy Policy forms part of these Terms.

22.2 Clariq will collect, use, store, disclose, and retain personal information in accordance with its Privacy Policy and applicable New Zealand privacy law.

22.3 You must ensure personal information supplied to Clariq is accurate and that you are authorised to provide information concerning another person.

22.4 Transactional, account, delivery, recall, and safety communications may be necessary to perform the contract or meet legal obligations.

22.5 New Zealand’s privacy principles regulate collection, storage, use, disclosure, security, access, correction, retention, overseas disclosure, and unique identifiers. A notification obligation for indirect collection under IPP 3A took effect on 1 May 2026. 

23. Limitation of liability

23.1 Nothing in this section excludes or limits liability that cannot legally be excluded or limited.

23.2 Clariq remains responsible for its obligations under applicable law.

23.3 To the maximum extent permitted by law, Clariq is not responsible to the extent loss was caused or contributed to by:

a. use contrary to a label, SDS, or written instruction;
b. incorrect dilution, application, mixing, or dosing;
c. use with an incompatible substance, surface, material, or process;
d. improper storage, handling, transport, or disposal after delivery;
e. unauthorised alteration, contamination, decanting, relabelling, or repackaging;
f. failure by a Business Customer to undertake reasonable testing for a specialised application;
g. materially inaccurate or incomplete information supplied by the Customer;
h. continued use after a recall or safety direction; or
i. unlawful, negligent, reckless, or intentional conduct outside Clariq’s reasonable control.

23.4 For Business Customers only, and to the extent permitted by law, Clariq is not liable for indirect or consequential loss, loss of profit, loss of production, loss of opportunity, loss of anticipated savings, or business interruption.

23.5 Clause 23.4 does not remove a Consumer remedy or apply where the law prohibits exclusion.

23.6 For Business Customers only, and subject to clause 23.1, Clariq’s aggregate liability arising from a particular supply will not exceed the greater of:

a. the amount paid or payable for the affected Goods or Services; or
b. the reasonable cost of repairing, replacing, or resupplying the affected Goods or Services.

23.7 The limitation in clause 23.6 does not apply to fraud, wilful misconduct, or liability that cannot legally be limited.

23.8 Each party must take reasonable steps to mitigate its loss.

24. Business Customer indemnity

24.1 This clause applies only to Business Customers and only to the extent permitted by law.

24.2 The Business Customer indemnifies Clariq against third-party claims, reasonable costs, and losses to the extent caused by:

a. unlawful use, resale, relabelling, or repackaging by the Business Customer;
b. a material breach of the label, SDS, or safety instructions;
c. an unauthorised or misleading representation made by the Business Customer; or
d. the Business Customer’s negligent, reckless, or intentional conduct.

24.3 The indemnity is reduced to the extent Clariq caused or contributed to the relevant claim or loss.

24.4 This clause does not transfer liability that cannot lawfully be transferred.

25. Events outside reasonable control

25.1 Neither party is liable for delay caused by an event beyond its reasonable control, except for an obligation to pay an amount already due.

25.2 Such events may include severe weather, natural disaster, fire, government action, transport interruption, carrier restriction, industrial action, power failure, communications failure, epidemic, or material supply disruption.

25.3 The affected party must take reasonable steps to minimise the effect and resume performance.

25.4 If the event materially prevents supply, Clariq may cancel the unfulfilled portion and refund amounts paid for Goods or Services not supplied.

26. Complaints and dispute resolution

26.1 Send concerns to info@clariq.nz, including:

a. your name and contact information;
b. the order number;
c. a description of the issue; and
d. relevant documents or photographs.

26.2 Clariq will consider complaints in good faith and may request information reasonably needed to investigate.

26.3 Nothing in this section restricts a Consumer from exercising a statutory remedy, contacting a regulator, or using any available dispute-resolution or court process.

26.4 Before starting court proceedings, Business Customers should attempt in good faith to resolve the dispute through direct discussion, except where urgent relief is required.

27. Suspension and termination

27.1 Clariq may suspend or terminate Website access, an account, an unfulfilled order, or future supply where the Customer:

a. materially breaches these Terms;
b. fails to pay an undisputed amount when due;
c. provides materially false information;
d. uses Goods unlawfully or creates a serious safety risk;
e. engages in fraud or abusive conduct; or
f. becomes insolvent, subject to applicable law.

27.2 Where a breach can be remedied, Clariq will ordinarily provide reasonable notice and an opportunity to remedy it unless immediate action is reasonably necessary for safety, security, fraud prevention, or legal compliance.

27.3 Termination does not affect accrued rights.

28. Territorial scope and exports

28.1 Unless expressly stated otherwise, Clariq’s Website, product information, labels, SDS documents, and standard supply arrangements are prepared for New Zealand.

28.2 Clariq does not represent that Goods or Website content comply with the laws of another country or territory.

28.3 Goods must not be exported, re-exported, or used outside New Zealand without Clariq’s prior written approval where legal, safety, contractual, supplier, or regulatory restrictions may apply.

28.4 Where Clariq approves an export, the Customer is responsible for:

a. import permissions and registrations;
b. local classification, labelling, packaging, and SDS requirements;
c. taxes, duties, levies, and customs charges;
d. transport and dangerous-goods compliance; and
e. lawful sale and use in the destination.

28.5 Nothing in this section removes Clariq’s responsibility for an export obligation it expressly agrees to perform.

29. Changes to the Terms

29.1 Clariq may update these Terms by publishing a revised version on the Website.

29.2 Revised Terms apply prospectively from the stated effective date.

29.3 Updated Terms do not retrospectively alter an order already accepted unless:

a. Clariq and the Customer agree; or
b. the change is required by law.

29.4 The Terms displayed and accepted when an order is placed will ordinarily govern that order.

30. General provisions

30.1 Entire agreement: These Terms, accepted quotations, and incorporated Policies record the agreement concerning the supply, except where rights or representations cannot legally be excluded.

30.2 Severability: If a provision is invalid or unenforceable, it will be modified or removed only to the minimum extent necessary.

30.3 No waiver: Delay or failure to exercise a right does not waive that right.

30.4 Assignment: You may not assign your rights or obligations without Clariq’s written consent. Clariq may assign its rights as part of a genuine sale, restructuring, or transfer of its business, subject to applicable law.

30.5 No agency: These Terms do not create a partnership, joint venture, employment, fiduciary, or agency relationship.

30.6 Electronic acceptance: Acceptance by online checkbox, electronic signature, email, accepted quotation, purchase order, or another legally recognised electronic method may bind the parties.

30.7 Headings: Headings assist readability and do not affect interpretation.

31. Governing law and jurisdiction

31.1 These Terms are governed by New Zealand law.

31.2 Subject to any statutory right to bring a claim elsewhere, the New Zealand courts have non-exclusive jurisdiction over disputes arising from these Terms, the Website, or Clariq’s supply.

32. Contact details

Clariq Limited
NZBN: 9429053861740

Email: info@clariq.nz
Website: www.clariq.nz