TECHNOLOGY CENTRE NEW ZEALAND LIMITED TERMS OF TRADE
1. DEFINITIONS (Applicable over all Terms relating to Technology Centre)
1.2 “Customer” means the party or parties receiving Goods and/or Services from Technology Centre.
1.3 “Client” means the party or parties receiving Goods and/or Services from Technology Centre.
1.4 ‘Due Date” means in respect to each invoice issued to the customer by Technology Centre, the date that is seven days after the invoice date or sum other date agreed in writing by the director of Technology Centre New Zealand Limited.
1.5 “Event of Default” means an event specified in clause 6.1.
1.6 “Goods” means any items and/or materials provided to the Customer by Technology Centre.
1.7 “Invoice” means a invoice or other such document issued by Technology Centre to the Customer.
1.8 “Property” means the land owned by the Customer (either legally or beneficially) where Technology Centre provides Goods and/or Services.
1.9 “Quote” means a quotation from Technology Centre to the Customer for the supply of Goods and/or Services.
1.10 “Services” means services provided to the Customer by Technology Centre.
1.11 “Terms and Conditions” means these terms of trade or other documentation Technology Centre may have the customer accept when providing a quote, Service and/or providing goods.
1.12 “Loan Product” refers to any equipment and/or product that Technology Centre is the sole owner of and has been loaned to the Customer for a temporary period.
2. ACCEPTANCE OF TERMS AND CONDITIONS
2.1 Any of the following done by or on behalf of the Customer shall constitute a binding contract and acceptance of these Terms and Conditions: (a) express or implied acceptance of any Quote; (b) acceptance of any Goods or Services; (c) the giving of any instructions to Technology Centre that are acted upon; or (d) any express or implied authority given Technology Centre to provide Goods or Services to the Customer.
3. CUSTOMER INFORMATION
3.1 The Customer authorises Technology Centre to collect such commercial, financial and personal information about the Customer as is necessary for assessing the credit worthiness of the Customer or enforcing Technology Centre’s right under these Terms and Conditions and further authorises Technology Centre to disclose such information to other parties for those purposes.
3.2 Where the Customer is a natural person, the authority given pursuant to clause 3.1 shall constitute sufficient authority for the purposes of the Privacy Act 1993 and the Customer acknowledges that he or she has a right to access the information and request corrections to it.
4. RESERVATION OF TITLE AND LIABILITY FOR PAYMENT
4.1 Payment of Goods and Services supplied by Technology Centre is due on the Due Date unless otherwise approved in writing by a director of Technology Centre Retail Limited. Technology Centre may in its sole discretion decide that no Goods or Services shall be supplied to the Customer until payment in received by Technology Centre in advance of supply of the Goods of Services.
4.2 Property and ownership in any Goods will not pass to the Customer but will remain with Technology Centre until payment in full of the purchase price of the Goods and any Services related to those Goods and all other amounts owing to Technology Centre by the Customer and all Goods shall be subject to a purchase security interest.
4.3 Risk in the Goods shall pass at the time of delivery.
4.4 If payment for any Goods or Services is not made by the Customer to Technology Centre in full by the Due Date, the following provisions shall apply:
(a) The Customer shall deliver the Goods to Technology Centre on demand. In the event that the Customer does not comply with a demand immediately upon receipt or deemed receipt of the demand, Technology Centre shall be entitled to enter upon the Customer’s premises at any time and do all things necessary to take possession of the Goods. The Customer hereby grants permission and an irrevocable licence to Technology Centre to enter upon the premises where the Goods shall be for the purpose of doing anything necessary to take possession of the Goods;
(b) The Customer will pay interest on all the amounts owing to Technology Centre from the Due Date to the date or dates of payment at the rate of Technology Centre’s then current bank overdraft rate plus 5% or such lesser rate as Technology Centre may accept in lieu thereof; and
4.5 The Customer will be responsible for all costs incurred by Technology Centre in exercising its rights under the Terms and Conditions including, but not limited to, debt collection costs and legal fees properly incurred by Technology Centre in seeking or obtaining recovery of amounts owing by the Customer to Technology Centre.
4.6 Notwithstanding any request the Customer, any payment received by Technology Centre may be appropriated by Technology Centre to discharge such liability of the Customer to Technology Centre as Technology Centre sees fit.
5.1 Quotes are valid for 14 days from the date of the Quote.
5.2 Technology Centre reserves the right by notice to the Customer to alter or amend any Quote before receipt by Technology Centre of acceptance of the Quote by the Customer.
5.3 Technology Centre reserves the right, by notice to the Customer, to alter any Quote at any time prior to the supply of Goods and/or Services where the alteration is due to a increase in the cost to Technology Centre of any Goods or Services that is beyond the control of Technology Centre.
6.1 The following events shall constitute an Event of Default:
(a) The failure to make payment by the Due Date;
(b) The Customer enters into an agreement for the sale or proposed sale of its business or assets;
(c) The Customer commits a breach of any of the Terms and Conditions and the Customer fails to remedy the breach within 7 days of receiving notice from Technology Centre specifying the breach; and
(d) The Customer is adjudicated bankrupt, or a receiver, liquidator or offical assignee, administrator or statutory manager is appointed to the Customer or its business or assets, or any part of its assets, or the Customer is unable to pay its debts when due within the meaning of the Companies Act 1992, or Technology Centre, acting reasonably, believes the Customer is likely to become unable to pay its debts when due, or execution of judgments for amounts over the sum of $10,000 is levied against it and not discharged within thirty (30) days or within the terms of any arrangement made with the judgement creditor, whichever is the later.
6.2 Upon the occurrence of an Event of Default any amounts currently outstanding shall become immediately due and the Due Date for all amounts shall be deemed to the earlier of the actual Due Date or the date that the Event of Default occurs.
7. CANCELLATION AND WITHDRAWAL OF ORDERS
7.1 The Customer may not defer or cancel an order once accepted by Technology Centre or once a Quote has been accepted without Technology Centre’s consent in writing and with any request for an amendment, deferment or cancellation, the Customer must provide Technology Centre with seven days notification in advance.
7.2 The Customer shall be responsible for and agrees to indemnify Technology Centre for all costs incurred by Technology Centre as a result of the Customer cancelling an order or the suspension of the provision of Goods or Services as a result of the occurrence of an Event of Default.
7.3 In the event that the provision of Goods and/or Services to the Customer is cancelled, suspended or terminated for any reason Technology Centre shall have no responsibility whatsoever for any loss or damage of any kind which may result directly or indirectly from such cancellation or suspension or from any recovery of Goods pursuant to the provisions of these Terms and Conditions.
8. LIMITATIONS ON LIABILITY
8.1 Any description of the Goods and/or Services is given by way of identification and shall not constitute the contract a sale by description. The Customer shall take the Goods at the Customer’s own risk as to their quality, conditions or suitability for any purpose.
8.2 Technology Centre’s liability for damages arising out of or in connection with any contract for the sale of Goods or the supply of Services to the Customer will be limited to claims in relation to faulty Goods as set out in clause 8.4, and all conditions and warranties expressed or implied by statute the common law. Equity, trade custom or usage or otherwise are hereby expressly excluded to the maximum extent permitted by law.
8.3 Any claims for the faulty Goods must be fully documented and referred to the Technology Centre representative with whom the Customer has customary contact. Acceptance of any items will not constitute acceptance of claims. All items will be subject to inspection by Technology Centre before credit will be considered.
8.4 To the extent permitted by law, Technology Centre shall have the sole right to decide whether Goods are capable of repair and Technology Centre’s liability (if any) in respect of claims under any contract arising hereunder shall be limited as follows:
(a) Where the Goods are capable of repair, to the repair of the Goods or the payment of the cost of having the Goods repaired, or
(b) Where the Goods are incapable of repair to the replacement of the Goods or the supply of equivalent Goods or the payment of the cost of replacing the Goods or of acquiring equivalent Goods.
8.5 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and/or Services from Technology Centre for business purposes in terms of sections 2 and 43 of that act.
8.6 So far as the law permits, Technology Centre shall not be liable in any way whatsoever for any indirect or consequential loss or loss of profit arising from contract or otherwise including in particular, but not limited to, any loss by reason of delay, defective or faulty materials or workmanship, negligence or any act of matter or thing done, permitted or omitted by Technology Centre and the Customer shall have no rights to off-set claims against the invoiced prices for Goods under any circumstances.
8.7 The Customer shall indemnify Technology Centre against all claims and loss of any kind however caused or arising and without limiting the generality of the foregoing whether caused or arising as a result of the negligence of Technology Centre or otherwise, brought by any person in connection with any matter of act, omission, or error by Technology Centre in connection with the Goods and/or Services.
8.8 If, contrary to the disclaimer of liability contained in these Terms and Conditions Technology Centre is forced or deemed to be liable, following or arising from the supply of Goods or Services to the Customer, then such liability is limited in aggregate to $100.00.
9.1 The Customer acknowledges that it has received, red and understood a copy of these Terms and Conditions.
9.2 In the event that at any time due to any circumstance including, but limited to, pressures of trading, adverse marketing conditions, financial pressure from lenders, failure to pay rent, the failure to pay taxation, internal conflicts or any other cause, there is a reason for the Customer or any of its officers or others being signatories to this form, to suspect that the Customer may be or may become unable to pay its debts when due within the meaning of the Companies Act 1993, or may be adjudicated bankrupt or have a receiver, a liquidator or official assignee, administrator or statutory manager appointed to the Customer then the Customer will notify Technology Centre immediately.
10. EXCLUSIONS AND VARIATIONS
10.1 Technology Centre shall have the right to vary or amend any of the provisions of these Terms and Conditions from time to time. The most current version of these Terms and Conditions shall be kept on Technology Centre’s website at http://www.technologycentre.co.nz and the Customer acknowledges that it shall be bound by the most current version of the Terms and Conditions.
11.1 The Customer grants a security interest under the Personal Property Securities Act 1999 (“PPSA”) over any Goods supplied by Technology Centre to the Customer. The Customer shall at Technology Centre’s request, promptly execute any document, contract, agreement, deed or other action as Technology Centre may require to ensure that any security interest created constitutes a perfected security interest over the Goods.
11.2 The Customer waives any right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest under PPSA.
11.3 Nothing in sections 114(1)(a), 117(1), 133 and 134 of the PPSA shall apply to these Terms and Conditions. The Customer’s rights as a debtor in sections 116, 119, 120(2), 121, 125-127, 129 and 132 of the PPSA shall not apply to these Terms and Conditions.
12.1 All notices authorised or required to be made under these Terms and Conditions shall be sent by facsimile transmission, e-mail, delivered personally or sent by prepaid mail at such address as each party may from time to time notify the other parties. All notices shall be deemed to have been received the day they are sent except where sent by post that shall be deemed to have been two (2) days after the date of posting and where sent by facsimile transmission report.
12.2 Save as specifically and expressly contemplated in these Terms and Conditions no provision hereof shall be changed, waived or modified without the express written agreement of Technology Centre.
12.3 These Terms and Conditions embody the entire agreement of the Customer and Technology Centre in respect of the ordering, supply, delivery of and payment for Goods or Services, and any order received by Technology Centre from the Customer notwithstanding any purported change to the Terms and Conditions specified by the Customer.
12.4 Any waiver or failure to execute any rights by Technology Centre shall not be deemed a waiver of any further or other right of Technology Centre in respect to the Customer.
12.5 The Customer shall not be entitled to rely upon any statement of any kind made by a person including a representative or agent of Technology Centre, which include a representation of any kind, which contradicts or is contrary to these Terms and Conditions.
12.6 Technology Centre and the Customer agree that:
(a) All the provisions of these Terms and Conditions are reasonable in all the circumstances and each provision is and will be deemed to be severable and independent; and
(b) If any provision hereof is found by any Court of competent jurisdiction to be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and the invalid, illegal or unenforceable provision shall be severed from this document.
12.7 The Customer hereby irrevocably appoints each of the directors of Technology Centre New Zealand Ltd at any time and from time to time jointly and severally as its attorney in the event of default by the Customer in the payment of any monies due and owing by the Customer to Technology Centre and that default continuing for more than 14 days after due date for payment for the purpose of:
(a) Taking possession of the Goods of Technology Centre held by the Customer or on the Property and disposing of such Goods owned by it;
(b) Enforcing its rights pursuant to clause 13.9, to the extent necessary to recover any monies owing to Technology Centre by the Customer and any costs incurred by Technology Centre in connection with such recovery.
13. RETURN OF GOODS POLICY
13.1 No change of mind returns for earphones, headphones, unsealed software, consumables and chargers, Customised to order (CTO) Apple Products, iTunes Cards and Technology Centre Gift Cards.
13.2 Change of mind returns within seven (7) days or purchase only. Sealed and new condition only, proof of purchase must be shown. Unsealed, open or used products will incur a restocking fee ranting from ten percent (10%) to twenty-five percent (25%) depending of the type of product and/or condition of product and packaging at Technology Centre’s discretion.
14. TECHNOLOGY CENTRE SERVICE TERMS AND CONDITIONS
14.1 These terms and conditions apply to all service work (Including but not limited to In-Warranty, Out-of-Warranty and repairs covered under New Zealand Consumer Law) undertaken on behalf of the client by Technology Centre New Zealand or its employees, contractors or related companies.
14.2 A minimum half hour fee applies to all requests for diagnosis of a computer’s problems unless covered by Apple’s manufacturing warranty or variable warranty. Technology Centre will provide an estimate of the work that is required to resolve the problem. However, in order to avoid ordering and charging the client for unnecessary replacement parts, if there is a problem that may have arisen from more than one part being faulty, we will first order the part most likely to be causing the problem (if applicable, as specified in Apple’ Service Procedures) and will only include this part and the associated labour in our estimate.
14.3 If changing the first part does not resolve the problem, additional parts may need to be ordered. The client will be notified of this situation prior to any parts being ordered or any further work being done if ordering more parts may result in further charges to the client.
14.4 Service parts or products are new or equivalent to new in performance and reliability. All replacement products or part(s) fitted for all service jobs are warranted to be free from defects for Ninety (90) days from the date of service or for the remaining period of your original product coverage, which ever is longer.
14.5 Software related issues are not covered under Apple Warranty and service charges will apply. Technology Centre will contact the client in the event of a software issue being diagnosed with a quote for repair.
14.6 If during the course of repair an unrelated part fails due to normal wear and tear, any damage or any pre existing condition (such as a dry solder) Technology Centre New Zealand Limited is not liable for such damage and/or failure(s). Technology Centre will provide a further estimate of the cost to replace the additional parts, including the cost of labour to do so.
14.7 Technology Centre holds the right to not proceed with any work until written confirmation has been obtained by the client. Whether this be in the form of a signed quote (signed in-store) or written acceptance via e-mail.
14.8 Technology Centre holds the right to refuse service for devices that show signs of un-authorised modification, tampering or repair. All devices must contain OEM parts.
14.9 If a product is found to have non-OEM parts or any modifications such as the ones highlighted in section 14.8 the client accepts that Technology Centre may charge an inspection fee to cover time spent inspecting device.
14.10 All service work is undertaken with the assumption that the appropriate backups have been made. If this is not the case, the client must let Technology Centre know during the book-in process. Technology Centre is not responsible for any data lost. If data recovery is requested by the client, service fees will apply regardless of warranty status.
14.11 The client authorises Technology Centre to run diagnostics on the client’s device including Apple diagnostics and acknowledges that anonymous system information concerning the device will be sent to Apple. Any service work performed may also be subject to Apple’s terms and conditions.
14.12 Technology Centre may hold a client’s device until such a time as all service charges and other outstanding invoices have been paid in full.
14.13 If a client’s device or devices have not been collected from Technology Centre after communication and advice to do so for over three (3) months, Technology Centre holds the right to dispose of client’s device(s).
14.14 All turn around times quoted by any agents, employees, franchises or subcontractors of Technology Centre New Zealand Limited are estimations and are subject to change at any time without notice.
14.15 All service work is also subject to Technology Centre New Zealand Limited’s terms of trade consisting of sections 1 through 13 of this document.
15. TECHNOLOGY CENTRE OUT-OF-WARRANTY REPAIR REQUEST TERMS
15.1 Before commencing with a diagnostic for a device that is outside of it’s Apple limited Warranty or Applecare(+) Protection Plan coverage Technology Centre will advise the client that faults could occur due to a number of issues. Technology Centre will follow Apple’s Service guidelines based on Technology Centre’s diagnosis of a particular fault.
15.2 Faults can not always be absolutely determined without attempting to replace parts that may or may not be faulty.
15.3 In respect to 15.1 and 15.2, the client acknowledges that:
(a) There is no guarantee that the repair will result in the device being repaired;
(b) The client has been advised that Technology Centre will attempt to repair the machine by replacing the part most likely to have failed in accordance with the Apple Service guidelines and/or at the discretion of the Technology Centre Service Team;
(c) If the replacement part does not repair the device, the Client will still be responsible for paying for the part and the associated labour to replace the part;
(d) In the event that the replacement of a part does not repair the machine, Technology Centre will seek the Client’s permission before replacing any additional parts;
(e) Technology Centre shall not be held liable and the Client releases Technology Centre from any liability in respect to the hardware or any parts thereof failing or being damaged as a result of performing the labour at the Client’s request;
(f) Technology Centre provides no express or implied guarantee of Warranty in respect of the labour whatsoever;
(g) The Client shall have no right of redress against Technology Centre as a result of the labour being performed; and
(h) The client agrees to pay a $40.00 Assessment Fee upon the service request. This is non refundable.
15.4 All Out-Of-Warranty service work is also subject to Technology Centre New Zealand Limited’s terms of trade and Service Terms consisting of sections 1 through 14 of this document.