Terms of Trade - Webstore Conditions of Use
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This Sale Agreement is a legal contract between the Customer and CompuSync. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to CompuSync shall relate to CompuSync Ltd, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and CompuSync relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by CompuSync. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting CompuSync at the address provided below.
Terms of Payment
All Customers must pre-pay unless credit has been approved. The maximum credit term will be 7days from invoice/ 20th month following conditionally at the discretion of CompuSync. Where credit terms have been agreed payment must be made in full by the invoice due date. Failure to pay in accordance with the clause shall entitle CompuSync without prejudice to any other rights to terminate the contract immediately in respect of future purchases and to charge interest at the rate of 4.5% per month above the National Bank of New Zealand base rate on amounts outstanding. Interest shall accrue on a daily basis from the date when payment is due until the date when payment is actually received. The Customer shall be liable to pay all expenses and legal costs of CompuSync as between solicitor and customer in relation to obtaining remedy of any failure to pay.
Title; Risk of Loss
Title to goods herein being purchased is retained by CompuSync until goods are paid for by the Customer and at that time title passes to the Customer. Loss or damage that occurs during shipping by a carrier selected by CompuSync is CompuSync’s responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer's responsibility. Title to software will remain with the applicable licensor(s).
General Legal Disclaimer
COMPUSYNC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY COMPUSYNC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Errors and Omissions Disclaimer
While CompuSync uses reasonable efforts to include accurate and up-to-date information on the Site, CompuSync makes no warranties or representations as to the Site's accuracy. CompuSync assumes no liability or responsibility for any errors or omissions in the content on the Site.
Return Policy
CompuSync offers a 7 day return policy on selected items based on manufacturer return policies. For further information not listed, please contact CompuSync on 09 3091970.
Re-stocking Fee
CompuSync reserves the right to charge a re-stocking fee to a maximum of 20% of the price that a returned product was sold at. This charge is for the purpose of recovering incurred costs due to administration and/or to cover any re-stocking fees imposed on CompuSync by its distribution partners.
Contact Please call us on 09 3091970 or email our Service Department at [email protected] to obtain a Return Merchandise Authorisation (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.
Product Condition
All products returned MUST: be 100 per cent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
Courier Charge
The customer is responsible for shipping charges on returned items; CompuSync will match your shipping method on your replacement or exchange item(s).
Insurance
CompuSync strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
Damaged On Arrival
If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for CompuSync to file a damage claim. Save the goods AND the original box and packing it arrived in, notify CompuSync immediately to arrange for a carrier inspection and a pickup of damaged goods. If you do not notify CompuSync of damaged goods within the first 5 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 09 3091970 to arrange for carrier inspection and a pickup of damaged goods.
Returns and Cancelled Orders
All goods to be returned must have a Goods Return Authority issued by CompuSync. The issue of a Goods Return Authority does not guarantee that we will accept the return. Where a faulty product is returned and you have requested a Goods Return Authority within 7 working days of despatch, and the returned product has not been used or opened or otherwise deemed unsaleable by CompuSync, you will be credited in full unless the return is due to an error by CompuSync. Freight charges will not be credited under any circumstances.Faulty goods will be subject to the normal return procedures for the specific brand being returned. Non-faulty product will require a Goods Return Authority, must be in saleable condition, and will be subject to a minimum 20% restocking fee. Freight charges will not be credited under any circumstances. You will be liable for all delivery and insurance charges incurred in respect of returned goods.
Faulty Product
Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 7 days, all manufacturers' warranties apply.
Pricing and Information Disclaimer
Prices subject to continued availability from our wholesale partners at or below the advertised price. In the event of non-availability, CompuSync reserves the right to cancel the Sale Agreement, in which case any purchase price already paid by the Customer will be refunded
All pricing subject to change. For all prices, products and offers, CompuSync reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. CompuSync is not responsible for any errors in pricing that have been generated by its suppliers including any errors or omissions in the content of the Site. If you are unsure about a price and or the price is not similar to that offered by other companies then please contact us.
Product Descriptions, Stock, and Images CompuSync automatically receives stock levels, imagery and descriptions from distributors and manufacturers, CompuSync cannot be held liable for any errors in stock levels, descriptions or incorrect images being displayed. It is also common for monitors to be displayed with computers, and accessories to display their parent item (ie iPod cases may display iPods), CompuSync can also not be held accountable in these cases.
PPSA Security Interest
Variations to Terms and Conditions of Trade CompuSync may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT CompuSync shall not make any variation to the nature or extent of the Security Interest granted by the Customer in the PPSA clause without the written agreement of the Customer.
CompuSync may notify the Customer by delivering to the Customer an invoice with a notice of amendment and receipt of the invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of trade.
Governing Law
This Sale Agreement constitutes the entire agreement between the Customer and CompuSync relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by CompuSync. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting CompuSync at the address provided below.
Terms of Payment
All Customers must pre-pay unless credit has been approved. The maximum credit term will be 7days from invoice/ 20th month following conditionally at the discretion of CompuSync. Where credit terms have been agreed payment must be made in full by the invoice due date. Failure to pay in accordance with the clause shall entitle CompuSync without prejudice to any other rights to terminate the contract immediately in respect of future purchases and to charge interest at the rate of 4.5% per month above the National Bank of New Zealand base rate on amounts outstanding. Interest shall accrue on a daily basis from the date when payment is due until the date when payment is actually received. The Customer shall be liable to pay all expenses and legal costs of CompuSync as between solicitor and customer in relation to obtaining remedy of any failure to pay.
Title; Risk of Loss
Title to goods herein being purchased is retained by CompuSync until goods are paid for by the Customer and at that time title passes to the Customer. Loss or damage that occurs during shipping by a carrier selected by CompuSync is CompuSync’s responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer's responsibility. Title to software will remain with the applicable licensor(s).
General Legal Disclaimer
COMPUSYNC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY COMPUSYNC IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Errors and Omissions Disclaimer
While CompuSync uses reasonable efforts to include accurate and up-to-date information on the Site, CompuSync makes no warranties or representations as to the Site's accuracy. CompuSync assumes no liability or responsibility for any errors or omissions in the content on the Site.
Return Policy
CompuSync offers a 7 day return policy on selected items based on manufacturer return policies. For further information not listed, please contact CompuSync on 09 3091970.
Re-stocking Fee
CompuSync reserves the right to charge a re-stocking fee to a maximum of 20% of the price that a returned product was sold at. This charge is for the purpose of recovering incurred costs due to administration and/or to cover any re-stocking fees imposed on CompuSync by its distribution partners.
Contact Please call us on 09 3091970 or email our Service Department at [email protected] to obtain a Return Merchandise Authorisation (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.
Product Condition
All products returned MUST: be 100 per cent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
Courier Charge
The customer is responsible for shipping charges on returned items; CompuSync will match your shipping method on your replacement or exchange item(s).
Insurance
CompuSync strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
Damaged On Arrival
If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for CompuSync to file a damage claim. Save the goods AND the original box and packing it arrived in, notify CompuSync immediately to arrange for a carrier inspection and a pickup of damaged goods. If you do not notify CompuSync of damaged goods within the first 5 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 09 3091970 to arrange for carrier inspection and a pickup of damaged goods.
Returns and Cancelled Orders
All goods to be returned must have a Goods Return Authority issued by CompuSync. The issue of a Goods Return Authority does not guarantee that we will accept the return. Where a faulty product is returned and you have requested a Goods Return Authority within 7 working days of despatch, and the returned product has not been used or opened or otherwise deemed unsaleable by CompuSync, you will be credited in full unless the return is due to an error by CompuSync. Freight charges will not be credited under any circumstances.Faulty goods will be subject to the normal return procedures for the specific brand being returned. Non-faulty product will require a Goods Return Authority, must be in saleable condition, and will be subject to a minimum 20% restocking fee. Freight charges will not be credited under any circumstances. You will be liable for all delivery and insurance charges incurred in respect of returned goods.
Faulty Product
Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 7 days, all manufacturers' warranties apply.
Pricing and Information Disclaimer
Prices subject to continued availability from our wholesale partners at or below the advertised price. In the event of non-availability, CompuSync reserves the right to cancel the Sale Agreement, in which case any purchase price already paid by the Customer will be refunded
All pricing subject to change. For all prices, products and offers, CompuSync reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. CompuSync is not responsible for any errors in pricing that have been generated by its suppliers including any errors or omissions in the content of the Site. If you are unsure about a price and or the price is not similar to that offered by other companies then please contact us.
Product Descriptions, Stock, and Images CompuSync automatically receives stock levels, imagery and descriptions from distributors and manufacturers, CompuSync cannot be held liable for any errors in stock levels, descriptions or incorrect images being displayed. It is also common for monitors to be displayed with computers, and accessories to display their parent item (ie iPod cases may display iPods), CompuSync can also not be held accountable in these cases.
PPSA Security Interest
- The Customer grants to CompuSync a Security Interest in the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to CompuSync under this contract (together “the Indebtedness”) and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after purchased office equipment, supplies and stationery, of which the goods form part, to the extent required to secure the Indebtedness.
- As and when required by CompuSync the Customer shall, at its own expense, provide all reasonable assistance and relevant information to enable CompuSync to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce CompuSync's Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”).
- The Customer shall not change its name without first notifying CompuSync of the new name not less than 7 days before the change takes effect.
- The Customer warrants that the goods are not purchased for use primarily for personal, domestic or household purposes.
- Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by CompuSync in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where CompuSync applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata.
- Until the Customer has paid all money owing to CompuSync the Customer shall at all times ensure that:
- Where the goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer’s business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the goods in the ordinary course of the Customer’s business. Otherwise, until the Customer has paid all money owing to CompuSync, the Customer shall not sell or grant a Security Interest in the goods without CompuSync's written consent.
- The parties agree to contract-out of the PPSA in accordance with Section 107 of the PPSA to the extent that Section 107 applies for the benefit of, and does not impose a burden on, CompuSync The Customer waives its right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement registered by or on behalf of CompuSync in respect of the Security Interest created by these terms and conditions of trade.
- For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
- Where the goods are of a kind ordinarily purchased for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
- The following terms apply wherever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:
- Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
- fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
- suffer execution under any judgment; or
- commit an act of bankruptcy; or
- make any composition or arrangement with any creditor; or
- being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it, CompuSync (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable.
Variations to Terms and Conditions of Trade CompuSync may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT CompuSync shall not make any variation to the nature or extent of the Security Interest granted by the Customer in the PPSA clause without the written agreement of the Customer.
CompuSync may notify the Customer by delivering to the Customer an invoice with a notice of amendment and receipt of the invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of trade.
Governing Law
- These terms of trade are governed by the laws of New Zealand.
- CompuSync and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.