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Terms and Conditions of Sale

GENERAL

This agreement is between PB Technologies (Wellington) Ltd (hereinafter called “The Company”) and the applicant named in this Dealership Application (hereinafter called “the Dealer”). Any order accepted by the Company shall be deemed to incorporate these terms and conditions. No variation or modification, or substitution for these terms and conditions (even if included in, or referred to I, the document placing the order) shall be binding on the Company, unless specifically accepted by the Company in writing.

  1. Without restricting the limitations of liability contained elsewhere in these terms and conditions, the liability of the Company to the supply of goods and the goods themselves is limited to the purchase price of the goods in respect of which the liability arises. The Company has no further liability or responsibility for direct, indirect or consequential injury, loss or damage whatsoever and however arising (whether in contract, tort, equity or otherwise).

  2. If any of these terms and conditions is held by a Court to be ineffective because of non registration, illegality or any other reason, then that term or condition or part of it will be served from all other terms and conditions without effecting the validity or enforceability of all other terms and conditions or part of them. The Company may vary these terms and conditions at any time by notice in writing to the Dealer. The Dealer may not vary these terms and conditions unless we agree in writing.

  3. Where any supply of the goods to the dealer would otherwise be subject to the provisions of the Consumer Guarantees Act 1993, the dealer agrees and acknowledges that the goods are being supplied to the dealer for business purposes and that the provisions of the Consumer Guarantee Act 1993 will not apply.

DELIVERY

Delivery by us to a carrier nominated by you will deem to delivery to you. Without limiting our other rights if the dealer does not take delivery of the goods by the delivery date specified or any later date the company agrees on, the dealer must pay reasonable storage costs (as determined by the Company) until the dealer takes delivery of the goods.

  1. Delivery will be made to the location specified on the order form and the Dealer shall be liable for all freight costs.

  2. No claim for damage in transit or shortage in delivery will be entertained in cases where the Company has agreed to deliver the goods to the Dealer unless a separate notice in writing is given to the carrier concerned and the Company immediately the goods are received followed by detailed and complete claim in writing within seven (7) days of delivery. In the event of loss or destruction within sever (7) days of the date of consignment as advised by the Company to the Dealer.

  3. Any discrepancies between invoiced goods and goods received must be notified within 48 hours for claim to be considered.

  4. Any period or date quoted for delivery is to be regarding approximately only and the Company accepts no liability for any loss, injury damage or expenses consequent upon nay delay in delivery of goods. Not withstanding that the title to the goods may not have passed, the risk in the goods shall pass to the Dealer upon delivery.

REPAIR/REPLACEMENT OF WARRANTY GOODS

  1. Credits will only be issued for goods returned within 7 days of invoice date and only if goods and packaging are in original condition. There is a 20% restocking fee applied to the credit item, the value of credit will be either the invoice price paid or the current advertised price which ever is the lower.

  2. Warranty on machine or components void if labels have been removed or tampered with or the damage is caused by software.

  3. There is not any upgrade/credit available unless no stock for the RMA replacement.

  4. It is the responsibility of the owner of the equipment to have data on their storage devises backed up. If there is any data loss while in our care, the Company will not in any circumstances take liability for the information lost.
     

  5. All faulty goods need RMA number before they can be returned for repairing or replacing under warranty period. Faulty goods will not be repaired or replaced unless the following procedure is adhered to:

    1. The RMA form will need to be filled out completely. If there are any categories that are not filled out it could cause a delay in the return of the goods.

    2. If the invoice number is not supplied, it may be required before the goods are fixed or replaced.

    3. Goods are not fixed or replaced until they are deemed faulty by one of the technicians.

    4. Once the form had been filled out it must be faxed to us.

    5. We will then fax you back with your RMA number within a reasonable time.

    6. When you have received the RMA numbers you can then return the faulty goods to us. All goods sent back to us have to be well pack and have the RMA number visible on the outside of the box.

    7. We will test the goods as soon as we can upon receiving them.

    8. Once deemed faulty we will send a replacement or the repaired equipment back to you with a full job description for your reference.

    9. We have the right to decline a warranty claim if we feel that packaging the goods were sent inadequate.

    10. We are not responsible for the loss of any goods that are returned to us without an RMA number.

PAYMENT

  1. Terms of payments are COD.

  2. Penalty interest will be charged on late payment of account at the rate of 7.5% per annum, as liquidated damages from the due date until the date of payment.

  3. In consideration for the Company supplying goods to the Dealer at the request of the Directors, the Directors specified in this application form personally guarantee jointly and severally payment upon demand of all moneys owed by the Dealer from time to time to the Company. The Directors agree that they are liable as principal debtors and their liability will not be affected by the giving of time or any other act or event that would release one liable as surety only.

  4. Personally guarantee to pay collection fees and or expenses including returned cheque fees incurred whilst pursuing unpaid monies in relation to the above mentioned Company.

  5. Please note prices are subjected to change without notice. All prices exclude GST and Freight, Errors and Omissions excepted

ASSIGNMENT

An order and any payment to be made in relation to it shall not be assigned or transferred without prior written approval to the company.

OWNERSHIP

  1. Risk in the goods passes to the Dealer on delivery into the Dealer’s custody or the custody of anyone acting on the dealer’s behalf even though ownership in the goods may not have been passed to the dealer. The Dealer must insure the goods in the Company’s name and the Dealer’s name for their respective interests from the time of delivery until payment in full.

  2. The Company will retain legal and beneficial ownership of any and all goods, until the Company receives payment in full for the goods and all other amounts owing to the Company and until the Dealer has satisfied all the obligations owed to the company, even though the Company may have granted to the Dealer a period of credit.

  3. The dealer holds the goods as fiduciary bailey and agent for the Company and must store the goods in such a way that they are clearly identifiable as the Company’s property, the Dealer must keep separate records in respect of the goods until payment in full has been made.

  4. The Dealer will not sell, dispose of or otherwise part with possession of goods otherwise than in the ordinary course of the Dealer’s business. Where the Dealer does sell or otherwise dispose of the goods prior to payment in full, the Dealer must hold the proceeds of sale and the funds separate from its own money.

  5. If:

    1. The Dealer is in breach of any of these terms and conditions (including failure to make payment on the due date); or

    2. The Dealer becomes insolvent or is adjudicated bankrupt or an application is made for its liquidation or a liquidator or receiver is appointed in respect of its assets; or

    3. The Dealer’s ownership or effective control is transferred or the nature of its business is materially altered; then without limiting or affecting any of the company’s other rights and remedies, the Company may do all or any of the following:

      • Where the dealer has failed to make payment on the due date, require the Dealer to compensate the Company by making payment to the Company on demand of interest as liquidated damages on the amount due from the due date until the date of payment at a rate is equal to 7.5% per annum;

      • Cancel this and any other contract of supply with the Dealer;

      • Recover and/or resell any of the goods and enter into any premises where the Company believes the goods and/or the mixed goods are stored and the Dealer grants to the Company may only recover and resell for its own account sufficient goods to satisfy and by all unpaid liabilities, the costs of recovery and any other costs referred to in these terms and conditions. If the Company recovers any excess, the Company will not be liable in damages to the Dealer but must account to the Dealer for excess.
         

  6. The Dealer will pay all costs and expenses (including costs on a solicitor/client basis and debt collector’s costs) that the Company incurs in enforcing or attempting to enforce its rights under these terms and conditions. The Company may deduct any costs and expenses incurred from the proceeds of the sale of any goods or mixed goods recovered from the Dealer.

  7. All payments will be applied first in reduction of interest, liquidated damages and costs due for the goods Interpretation. Any contract that these conditions apply shall be governed by and constructed in accordance with New Zealand Law.