'Computer Future' refers to
COMPUTER FUTURE Ltd Trading as THE COMPUTER BROKER
'The buyer' refers to any legal entity purchasing from Computer Future.
Where Computer Future accepts
the buyer's order these terms and conditions (together with the acceptance)
constitute the entire agreement between Computer Future and the buyer and it is
expressly agreed that there are no other understandings, representations or
warranties of any kind (express or implied) forming part of this contract. In
particular:
·
Any condition
contained in the buyer's order, which is inconsistent with, qualifies or is
contrary to these conditions shall have no effect unless Computer Future
expressly accepts that condition in writing.
·
Any variation,
waiver or cancellation of the buyer's order shall have no effect unless
accepted in writing by Computer Future. Where Computer Future accepts
cancellation Computer Future may levy a handling charge of up to 15% of the
price.
·
Where the
buyer and Computer Future agree to a variation in the quantity of the goods,
the goods shall be priced either at the rate applicable to the original
quantity or the revised quantity at the absolute discretion of Computer Future.
Offers contained in Computer
Future's website and advertising are only an invitation to treat. Ordering
goods (online or otherwise) constitutes an offer by the buyer to buy in
accordance with these terms and conditions. Computer Future's acceptance occurs
(and the contract is formed) when the goods are dispatched to the buyer.
In the event the transaction
the subject of these conditions of sale is subject to the Consumer Guarantees
Act 1993 ("the Act") then;
·
Where the
buyer is acquiring the product for the purpose of business then the Act shall
not apply.
·
In the event
the purchaser is acquiring the product for purposes other than that of a
business, then these conditions of sale shall be interpreted subject to the
purchaser's rights under the Act, to the intent that no provisions shall any
way limit the purchaser's rights under the Act.
For more information about the Consumer Guarantees Act please visit http://www.consumeraffairs.govt.nz/
·
Any quotations
of delivery times by Computer Future are made in good faith but are estimates
and Computer Future shall not be bound by such quotation.
Computer Future will select the method/type of delivery. The buyer
shall meet the cost of the delivery.
The buyer may request another method of delivery (e.g. Saturday or urgent
delivery).
·
Liability for
shortages in the quantity of goods delivered is limited to making up the
shortages. No claim for shortages in quantity will be allowed unless the
customer gives notification of the shortage in writing within 7 days of the
delivery and provides a reasonable opportunity for Computer Future to
investigate the claim.
·
Goods leaving
Computer Future's premises are adequately packed. Claims for damage or loss in
transit must be made against the carrier in the prescribed manner:
1.
Prior to
acknowledging delivery to the carrier the buyer must ensure that the complete
consignment as per the carrier's note has been received.
2.
Should there
be a shortage or visible damage to outer packaging the carrier's note must be
endorsed accordingly. If the buyer has doubts about the contains of the
packaging, then “STI” (subject to inspection) is to be added when signing for
receipts of the goods.
3.
Within 7 days
of receipt of consignment the buyer must ensure that all goods received are in
good order and condition.
·
No claims will
be considered after 7 days of receipt of goods. Computer Future will accept no
liability for goods damaged or lost in transit; however, details of any claim
should still be advised to Computer Future.
·
Goods supplied
in accordance with the buyer's order can only be returned with the express
approval of Computer Future
1.
Requests to
return goods must be submitted within 7 days from the date of supply and the
original invoice number must be quoted.
2.
Where goods
are accepted (for credit or refund at Computer Future’s discretion) they must
be delivered at the buyer's expense into Computer Future's store in original
condition and packaging (with disks, manuals, cables and static protection if
necessary)
3.
The customer must package
the goods carefully as Computer Future will not take responsibility for goods
damaged in transit.
·
Computer
Future reserves the right to levy a restocking fee against any returns Computer
Future may agree to accept. Such fees may be up to 15% of the invoice priced
and levied at Computer Future's absolute discretion.
·
Where the goods are
subject to a return to base warranty, the buyer is responsible for freight
charges. The goods will be returned to the buyer freight free.
·
The buyer
shall ensure that the goods ordered are fit and suitable for the purpose for
which they are required and Computer Future is under no liability if they are
not.
·
The buyer is
entitled to only such benefits as Computer Future may receive under any
guarantee given to Computer Future by the manufacturer of the goods.
·
In lieu of any
warranty, condition, or liability by law, Computer Future's liability in respect
of any defect in or failure of the goods supplied, or for any loss, injury, or
damage attributable thereto, is limited to making good the replacement or
repair of defects arising under normal proper use and maintenance arising
solely from faulty design, materials, or workmanship within the guarantee
period, if stated, or otherwise within 12 months of the date of supply,
provided always that such defective parts are promptly returned to Computer
Future, unless otherwise arranged.
Computer Future shall not be liable for consequential, indirect or special
damages or loss of profits under any circumstances. At the termination of the
appropriate period (i.e. guarantee period or 12 months as indicated above) all
liability on Computer Future's part ceases.
·
The warranty
does not cover damage from misuse, accident, negligent, inappropriate or
improper operation, maintenance, installation, modification or adjustment.
·
Computer
Future's liability under this contract and the warranty in this clause is
confined to the buyer named in this contract, it being agreed that Computer
Future has no liability to any purchaser of the goods from the buyer in that
the buyer's rights under the contract are not assignable without the prior
written consent of Computer Future.
·
Risk
(including insurance responsibility) shall pass to the buyer on collection of
the goods by the buyer or on the delivery by Computer Future or by the source
to the buyer or his agent or to a carrier for delivery to the buyer.
·
Computer Future
retains ownership of all goods sold until full payment is received for all
amounts owing in respect of all goods supplied. This provision is designed to
protect Computer Future in the event of the bankruptcy, receivership or
liquidation of the buyer, a seizure of goods by a creditor of the buyer or
default in payment.
·
Until full
payment is made the buyer agrees to:
1.
Enable the
goods to be readily identifiable as the property of Computer Future
2.
Maintain the
goods so supplied in good order and condition and to return the goods
immediately if called upon to do so by Computer Future
3.
On a sale or
other realisation of the goods the buyer shall identify and separately account
for the proceeds of sale.
·
Prior to the
buyer acquiring property in any goods Computer Future may at any time enter
upon any land, premises or property where it believes such goods may be to
inspect and/or remove the goods, by force if reasonably necessary. If the goods
are removed then:
1.
The right of
the buyer or any agent of the buyer to possession of any goods and right to
sell or otherwise dispose of the goods shall immediately and without the
necessity of any notice terminate, and,
2.
The buyer will
reimburse, indemnify and hold harmless Computer Future and its employees in
respect of any costs (including legal costs on a solicitor-client basis),
expenses, loss or damage (including such to any third parties) in respect of
the exercise or attempted exercise of Computer Future's remedies and,
3.
Computer
Future may cancel any or all contracts with the buyer and Computer Future will
not be liable to the buyer therefore, and,
4.
All moneys
owing by the buyer to Computer Future on any account whatsoever shall become
immediately due and payable, and,
5.
The value of
such goods seized shall be assessed as the lesser of current market value or
the invoice value at the time of sale and may be subject to a restocking fee as
for Return of Goods for Credit or Refund above.
Computer Future is entitled
at any time to correct all errors and omissions (whether clerical,
computational or otherwise) in any advertising, quotation, invoice or
acknowledgement. Due to Computer Future's administrative processes, errors (if
any) may be discovered up to 30 days after the goods have been delivered to the
buyer. Computer Future will notify they buyer promptly of any error or omission
discovered by Computer Future, and give the buyer the option of returning the
goods for a full refund.
Modifications and
improvements to Computer Future's products are constantly being made. Also,
Computer Future relies on information from its suppliers and product
manufactures. Descriptions, illustrations and literature are therefore not
binding on Computer Future. If the goods do not match the description on
Computer Future's website, the buyer should inform Computer Futureimmediately so that Computer Futuremay take appropriate action.
Computer Future shall not be
liable to the buyer for any loss or damage directly or indirectly arising out
of or in connection with any delay in delivery of the goods, or failure to
perform any term of this contract where such delay or failure is caused
directly or indirectly by an act of God, fire, armed conflict, labour dispute,
civil commotion, intervention of a government, inability to obtain labour,
materials or facilities and accidents, interruptions of, or delay in
transportation or any other cause beyond Computer Future's control.
The buyer shall be solely
responsible for obtaining any necessary permits under and for compliance with
all legislation, regulations, by-laws or rules having the force of law in
connection with the installation and operation of the goods.
·
Until full
payment has been received in respect of the goods supplied the buyer
acknowledges and agrees that:
1.
These terms
and conditions constitute a security agreement for the purposes of section 36
of the Personal Property Securities Act 1999; and
2.
A security
interest is taken in all goods previously supplied by Computer Future to the
buyer (if any) and all goods that will be supplied in the future by Computer
Future to the buyer during the continuance of the parties relationship;
·
The buyer
undertakes to:
1.
Sign any
further documents and/or provide any further information, such information to
be complete, accurate and up-to-date in all respects, which Computer Future may
reasonably require to register a financing statement or financing change
statement on the Personal Property Securities Register;
2.
Indemnify, and
upon demand reimburse, Computer Future for all expenses incurred in registering
a financing statement or financing change statement on the PPSR or releasing
any goods charged thereby;
3.
Not register a
financing change statement (in accordance with Regulation 9) or a change demand
(in accordance with Regulation 10) without the prior written consent of
Computer Future;
4.
Give Computer
Future not less than 14 days prior written notice of any proposed change in the
buyer's name and/or any other change in the buyer's details (including but not
limited to, changes in the buyer's address, facsimile number, or business
practice); and
5.
Immediately
advise Computer Future of any material change in its business practices of
selling the goods, which would result in a change in the nature of proceeds
derived from such sales.
·
Unless
otherwise agreed to in writing by Computer Future, the buyer waives its right
to receive a verification statement in accordance with section 148 of the PPSA
·
Any claim or
dispute arising hereunder shall be subject to arbitration in accordance with
the Arbitration Act 1996.
The contract including these terms and conditions of sale shall be
governed by New Zealand Law.