Terms Used 

'The Computer Broker' refers to THE COMPUTER BROKER LTD
'The buyer' refers to any legal entity purchasing from The Computer Broker Ltd.

General 

Where The Computer Broker accepts the buyer's order these terms and conditions (together with the acceptance) constitute the entire agreement between The Computer Broker 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 The Computer Broker 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 The Computer Broker. Where The Computer Broker accepts cancellation The Computer Broker may levy a handling charge of up to 15% of the price.

- Where the buyer and The Computer Broker 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 The Computer Broker.

Formation of Contract 

Offers contained in The Computer Broker'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. The Computer Broker's acceptance occurs (and the contract is formed) when the goods are dispatched to the buyer.

Consumer Guarantees Act 1993 

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/

Delivery 

* Any quotations of delivery times by The Computer Broker are made in good faith but are estimates and The Computer Broker shall not be bound by such quotation.
The Computer Broker 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).

Shortages, Damages or Loss in Transit 

* 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 The Computer Broker to investigate the claim.
* Goods leaving The Computer Broker'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. The Computer Broker will accept no liability for goods damaged or lost in transit; however, details of any claim should still be advised to The Computer Broker.

Return of Goods for Credit or Refund 

* Goods supplied in accordance with the buyer's order can only be returned with the express approval of The Computer Broker
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 The Computer Broker’s discretion) they must be delivered at the buyer's expense into The Computer Broker'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 The Computer Broker will not take responsibility for goods damaged in transit.
* The Computer Broker reserves the right to levy a restocking fee against any returns The Computer Broker may agree to accept. Such fees may be up to 15% of the invoice priced and levied at The Computer Broker'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 Computer Broker's Liability and Maintenance Guarantee 

* The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and The Computer Broker is under no liability if they are not.
* The buyer is entitled to only such benefits as The Computer Broker may receive under any guarantee given to The Computer Broker by the manufacturer of the goods.
* In lieu of any warranty, condition, or liability by law, The Computer Broker'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 The Computer Broker, unless otherwise arranged. The Computer Broker 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 The Computer Broker's part ceases.
* The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
* The Computer Broker's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that The Computer Broker 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 The Computer Broker.

Property and Risk 

* Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by The Computer Broker or by the source to the buyer or his agent or to a carrier for delivery to the buyer. * The Computer Broker 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 The Computer Broker 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 The Computer Broker
2. Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by The Computer Broker
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 The Computer Broker 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 The Computer Broker 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 The Computer Broker's remedies and,
3. The Computer Broker may cancel any or all contracts with the buyer and The Computer Broker will not be liable to the buyer therefore, and,
4. All moneys owing by the buyer to The Computer Broker 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.

Errors or Omissions 

The Computer Broker 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 The Computer Broker's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The Computer Broker will notify they buyer promptly of any error or omission discovered by The Computer Broker, and give the buyer the option of returning the goods for a full refund. Description of Products Modifications and improvements to The Computer Broker's products are constantly being made. Also, The Computer Broker relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on The Computer Broker. If the goods do not match the description on The Computer Broker's website, the buyer should inform The Computer Broker immediately so that The Computer Broker may take appropriate action.

Force Majeure 

The Computer Broker 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 The Computer Broker's control.

Compliance 

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. Personal Property Securities Act 1999
* 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 The Computer Broker to the buyer (if any) and all goods that will be supplied in the future by The Computer Broker 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 The Computer Broker may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
2. Indemnify, and upon demand reimburse, The Computer Broker 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 The Computer Broker;
4. Give The Computer Broker 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 The Computer Broker 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 The Computer Broker, the buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA

Disputes and Proper Law 

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.