Terms Of Trade

The terms of trade set out below govern all of the supplies of goods, Software and services (“Products”) from PapamoaPC Ltd. T/A Papamoa Computers (short “PCL”) to the customer. They will replace any terms and conditions contained in any document used by our customers and purporting to have contractual effect, and your acceptance of any Products from PCL indicates your acceptance of these terms of trade.

Warranty
All new goods are covered with a return to base parts and labour warranty for a period of 12 months from the date of invoice on Hardware only. Consumable goods, Software and Software-related services are not covered by any warranty. Physical damage or false handling is not covered under warranty.
Every care is taken to ensure that all second hand goods supplied by PCL are of merchantable quality, no warranty is expressed or implied unless otherwise stated.
Warranty will be void if goods or labels have been found tampered with. Warranty does not cover any damage to other equipment used in conjunction with these goods or loss of data whilst using these goods or Software.Any claims for errors or unsatisfactory service work must be made within 7 (seven) days from date on invoice. The final power of decision remains with the manager of PCL.

Transfer of ownership
We advise that all Customer have 3 months to pick up their Hardware. Within this time we guarantee to call the Customer at a minimum of three times to remind him to pick up the Hardware. After a minimum of 3 months the PC is ready for collection, beginning from completion of the job, the Hardware changes possession to PCL to cover our expenses.

Non-Defective Goods Fee
For warranty claims on faulty goods, that is found to be non-faulty, a $40 non-fault fee will be payable before the non-faulty item is collected by the customer.

Delays
PCL will make its best efforts to respond to Client’s needs within the negotiated time frame. PCL is not responsible for any delays attributable to suppliers, manufacturers or other partner companies and their occurring problems.

Risk of Data Loss
Client agrees to bear the full responsibility for all data backup prior to any repair or service of Computer Hardware, Software or other equipment by PCL Client hereby indemnifies PCL from any claim or liability related to data loss for any reason whatsoever.

Computer Viruses, Malware, Spyware & Adware
PCL agrees to take all reasonable measures to protect Client’s Computer systems from Computer Viruses, Spyware & Adware. Client assumes all risk of Computer Viruses, Spyware & Adware and will not hold PCL responsible. Client is responsible for the costs of consulting time and materials required to remove any Computer Viruses, Spyware or Adware.

Charges and Payment
All prices quoted incl. GST and are in New Zealand Dollar unless otherwise specified. Prices are based on a per unit rate as shown, however we would be pleased to offer a fixed price quote on larger projects if this is preferred. We reserve the right to adjust prices without notice. PCL may require payment in advance for the supply of any Hardware or Software for the client.
Payment is due in full upon delivery and/ or completion of products and services.
Payment of accounts (business customers only) is due within 7 days following the receipt of an invoice. Interest at 10.0% per month on the current balance may be charged on overdue accounts and shall accrue on a daily basis starting from the due date.
PCL reserves the right to stop all work until the account is brought up-to-date.
In the event of default by the client in paying for the services and/or goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The client indemnifies PCL against all costs (including legal costs), losses and expenses incurred by PCL in recovering any unpaid monies.

Property and Risk
Despite the purchaser having possession of any Hardware or Software, ownership is retained by PCL until the client pays in full all money owed to PCL. Risk in any goods supplied shall pass to the client at the point of delivery.

Delivery of Goods
Any charges for handling (including packing materials) and freight charges are extra, and payable by the client. The most cost effective delivery method will usually be chosen.
PCL is not responsible for damage to the goods in transit. Claims for losses or damage to goods in transit must be made directly to the transport agency concerned.

Returns Policy
PCL offers a 7 (seven) day return policy on items based on manufacturer return policies. For further information not listed, please contact us on 07-572 0603. Consumables are not covered under the returns policy.
Returns will not be accepted without an original receipt.
All products returned MUST be as new condition, 100 percent complete and contain ALL original manufacturer boxes with the original codes and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. Any variance from these conditions could result in delay or forfeiture of your refund or credit. PCL reserves the right to refuse refund or exchange of any item that is not returned in the original packaging or deemed as not in as new condition.

Defective Goods Policy
DEFECTIVE returns can be returned directly to PCL within 30 days from the invoice date, at PCL discretion for credit, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the stock code will ONLY be replaced with the same item. After 7 days, all manufacturers’ warranties apply. Refunds or exchanges are issued after receipt and inspection of returned goods. Refunds or exchanges do not include original shipping and handling charges.

Advertised Products
The products advertised are subject to availability and can change without notice. If we are unable to supply the advertised product, arrangements will be made to supply an equivalent product at no additional cost, or if you prefer, a full refund will be made. Pictures of products are for illustrative purposes only, actual product may vary.

Disclaimers
The client acknowledges and agrees that PCL has not given any representation or warranty as to the quality, state or condition of goods supplied, or that the goods are fit for any particular purpose.
All conditions, warranties and terms whether implied, statutory or otherwise are excluded to the fullest extent permitted by law. PCL shall not be liable for any statement, representation or warranty made by any agent or contractor relating to the goods or workmanship supplied by PCL or for any negligence or wilful default by the manufacturer or supplier of the goods or services provided to the client.
Notwithstanding any other provision in these terms of trade, where the goods are consumer goods and are supplied for business purposes the Consumer Guarantees Act 1993 shall not apply.
All parts are subject to availability. All prices including GST, excluding freight and may change without prior notice. All our systems come with a one year return to base warranty unless otherwise stated. Additional delivery fee does apply and is charged based on location.

Privacy Act 1993
(A) The customer authorises PCL to collect, retain and use any information about the customer for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products provided by PCL to any other party.
(B) The customer authorises PCL to disclose any information obtained to any person for the purpose set out in clause (A).
(C) Where the customer is a natural person the authorities under clauses (A) & (B) are authorities or consents for the purposes of the Privacy Act 1993.

Disputes
Any dispute shall, at the option of PCL, be referred to mediation or arbitration. The Arbitration Act 1996 (or any replacement of that act) shall govern arbitration.

Laws
If any parts of these terms of trade shall be held to be illegal, unenforceable or invalid, the remaining parts shall continue in full force and effect. The laws of New Zealand shall govern these terms of trade and PCL and the client hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. The client hereby waives any right they may have to claim that the above submission to jurisdiction is an inconvenient forum.

PapamoaPC Ltd. guarantee to Solve Computer Problems
PCL undertakes to provide a viable solution to the Computer problems of any client. However the client must allow PCL appropriate time to diagnose the problem and identify a viable solution.
PCL cannot be obligated to provide a viable solution if the client does not provide copies of licensed Software, or the required access to the client’s Hardware and peripherals; or the manufacturer no longer stocks required replacement Hardware or Software. If the client desires an alternative solution to that offered by PCL, then PCL cannot guarantee to provide such alternative solution within the terms of this guarantee.

Collection of overdue accounts
If an account is overdue and despite our efforts to collect the receivables ourselves we reserve the right to forward our bills receivable to our debt collection partners EC Credit Control (ECC). Any costs for the debt collection service from ECC will be added to the receivables and must be paid by the customer.

General
PCL reserves the right to change these terms of trade from time to time.

Copyright PapamoaPC Ltd. T/A Papamoa Computers ©2017; Terms Of Trade version 03.2017

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