Terms and Conditions - Purelink (Wanna Internet Limited)
1. About the Terms and Conditions
1.1 The following Terms and Conditions of Sale shall be deemed incorporated in and shall form part of all contracts involving products and services (herein after referred to as “goods” or “services”) supplied by us. Please read them carefully. You use the service or goods under the T&Cs and our bound by them when you agree to be our customer.
1.2 Receipt of any order will be deemed to be acceptance by the buyer of these terms, notwithstanding anything that May be stated to the contrary in the buyer’s orders.
1.3 If something in the T&Cs differs from what you were told by a staff member, the T&Cs in this document will apply unless we receive written confirmation from the staff member you spoke to that you were offered different terms.
1.4 If we don’t enforce our contract rights at any time, it doesn’t mean we have waived those rights, no matter how long we wait.
1.5 We might change the T&Cs from time to time. We’ll always try and let you know if the T&Cs are changed.
1.6 The most up to date version of the T&Cs (as loaded on our website) will always be the T&Cs that apply to your contract with us.
2.1 Unless otherwise stated all prices quoted are exclusive of Goods & Services Tax (GST), insurance, freight and handling charges in addition to the quoted prices. We reserve the right to revise its prices at any time prior to accepting on order. Receipt of order by us from you does not constitute acceptance by the us.
2.2 The prices quoted may be revised by us subsequent to accepting an order in the event of any occurrence affecting delivery caused by War, Government action, variation in Customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of us. In that event you shall have the right to withdraw your order.
2.3 All prices are in New Zealand Dollars (NZD)
3. Paying for Goods and Services
3.1 Unless otherwise agreed in writing by us. Payment for goods and services supplied is to be made in accordance with the terms of trade agreed with you at the time of application for credit and in accordance with any subsequent arrangements entered into and confirmed in writing by the us.
3.2 Payment for goods or services supplied on a ‘cash’ basis is to be made before or at the time the goods or services are uplifted or dispatched.
3.3 If your account has a 60 day balance after the 20th of the month following due date will be placed on CASH ONLY terms until the account is bought within the approved trading terms, and at which time normal credit arrangements restored.
3.4 If your account has a 90 day balance after the 20th of the second month following the due date will be placed on NO FURTHER SUPPLY and all technical support for unpaid goods and services will be withdrawn until the account is cleared in full and normal trading conditions are restored.
3.5 You shall not be entitled to withhold payment or to make any deduction from the contract price without the prior written consent from us.
3.6 Receipt of cheque, bill of exchange or other negotiable instrument by us shall not constitute payment and you will remain liable for the full contract price until such cheque, bill of exchange or negotiable instrument is paid in full.
4. Default on paying for Goods and Services
4.1 All invoices not paid in full shall bear late payment fee of $15.00 inc GST if not paid within 20 days of the invoice date, and a re-occurring late fee of $15.00 inc GST each month that the invoice remains unpaid in full but without prejudice to our other rights and remedies in respect of your default in failing to make full payment on the due date.
4.2 You will upon demand pay to us all moneys (including but not limited to solicitor costs, Court costs and disbursements) incurred by us in recovering payment of any overdue amount.
4.3 Payments by you shall be applied first in the reduction of interest, liquidated damages and costs due pursuant to 4.1 and 4.2, the balance then being in reduction of any amounts due under 3.1 (other than any amount witheld as a result of a dispute).
5. Delivery of Goods
5.1 Goods are offered subject to availability and we shall not be responsible or liable in any way to you for delays or defaults or consequential loss or damage arising therefrom.
5.2 Delivery of goods shall be made to the place indicated in the order or if no place is indicated then delivery shall be made to your place of business as per current details of this location held by us. We will take all reasonable steps to make delivery at the time requested by you but shall not be responsible for delays or defaults or consequential loss or damage arising therefrom.
5.3 We reserve the right to deliver the goods by installments and each installment shall be deemed to be a separate order under the same provisions as the main order. Should we fail to deliver or make effective delivery of one or more installments this shall not entitle you to repudiate the main contract.
5.4 Delivery of 10% more or less in the quantity of the goods ordered by you shall constitute performance of any order, the amount under or over supplied to be deducted or charged for on a pro-rata basis.
5.5 No claim for any discrepancy of shortage in the goods delivered will be admitted unless it is made in writing to us within 48 hours of delivery.
6. Cancellation of Goods orders
In the event that you cancel any order subsequent to despatch by us to you (regardless of whether or not the order(s) has/have been delivered to you) we will credit you for the order value less the restock fee (as per clause 8) on return in saleable condition of the items ordered provided such returns are within 7 days of despatch. Freight charges will not be credited.
7. Goods returned for credit
7.1 Unless agreed in writing by the issuance of a Return Materials Authorisation (RMA) form by us. No goods will be accepted for credit after despatch, If we agree to accept the goods for credit, we will credit you the invoice value less the restock fee, less freight charges, on return of the goods ordered in saleable condition.
7.2 No goods will be accepted for credit after 30 days from date of the invoice on which such goods are described.
7.3 Goods returned must be in as new condition in the manufacturers (or supplier�s) original containers, unsoiled and undamaged.
7.4 Goods returned must be accompanied by number and date of supplying invoice and a valid RMA number which must be clearly displayed on the packages(s).
7.5 No goods will be accepted for credit where original packaging is not provided or any shrinkwrap packaging is broken or seals on disk packaging is broken or any part of goods originally supplied are missing.
7.6 Must not be a procured item.
8. Restocking of Goods fee
All goods ordered in error by you or goods you wish to return are subject to a restock fee. The restock fee is $20.00 or 3% of the original invoice value of the goods, whichever is the greater.
9. Risk and title to Goods
9.1 The goods shall remain our property so long as we are owed any money by you for those particular goods.
9.2 Risk in any goods supplied shall pass to you at the point of delivery.
9.3 Until payment in full is made in terms of clauses 3.1 and 3.2;
9.3.1 All goods supplied shall remain the our sole and absolute property.
9.3.2 You acknowledge that you retain possession of the goods in trust for us as the beneficial owner.
9.3.3 You shall store the goods on your premises in such a manner as to make them readily identifiable as belonging to us and shall display such identification as may from time to time be requested by us.
9.3.4 You will upon demand being made by notice in writing signed by us of some person appointed by it for such purpose and served or posted too you at your place may of business registered office or residential address, assign all proceeds of the sale to us.
9.3.5 Where we have reasonable cause to believe you have not strictly complied with the Terms and Conditions or that you have or will commit an act of Bankruptcy or (being a Company) has had a receiver appointed or is about to be appointed or is declared or becomes insolvent, the we may repossess any or all of the goods supplied and may at any time of the day or night enter by force if necessary upon any premises where such goods are reasonably thought to be stored. You shall indemnify us against any claims, costs and liabilities arising from the exercise of this right of entry.
10. Purchase of Goods and the Consumers Guarantees Act
10.1 Where we supply goods to you for the your use in a business you agrees that the Act does not apply.
10.2 Where we supply goods to you as a ‘consumer’ as defined in the Act for a non-business purpose the Act will apply and prevail over any contrary provision in these Terms and Conditions.
10.3 Where in any case you are a ‘supplier’ (as that term is defined in Section 2 of the Act) then;
10.3.1 you shall notify any ‘consumer’ prior to any sale of any defects or limitations in the goods and/or any common purpose for which the goods are not suitable.
10.3.2 you shall, to the extent that the consumer is acquiring goods for the purposes of a business contract out of the provisions of the Act to the extent permitted by law and shall not give or make any undertaking, assertion or representation to such customers in relation to the goods without the our prior approval in writing.
10.4 You acknowledge that we do not provide any Express Guarantees (as defined in the Act) other than those expressly confirmed by us in writing.
10.5 You agree to indemnify us against any liability of cost incurred by us under the Act as a result of any breach by you of your obligations contained in these Terms and conditions of sales. You agrees to notify us in writing as soon as is reasonable of any defects in the goods and the nature of such defects.
10.6 Whenever the Act does not apply to this contract we accept no liability for any claim in respect of the goods by you or any other person, including without limitation any claim relation to or arising from any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law. Trade custom or otherwise or any representations, warranties, conditions or agreement made by you which are not expressly confirmed by us in writing and you agree to indemnify us against any such claim.
11. Exclusion of Liability on Goods
11.1 We shall not be responsible for any damages whatsoever caused either to the products supplied or as a result of the malfunction of such products in the event that such products are fitted by unqualified tradesman of if such products be fitted in any untradesman like manner and or/if such products are in any way adapted to a use to which they are not specifically intended and/or if such products be added to or repaired using components not recommended or approved by the manufacturer of such products.
10.2 We will not accept responsibility for damage resulting from your misuse, tampering, unauthorised modification, improper transportation or storage, or accident. We shall not be liable for incidental or consequential damages arising from the sale or use of goods supplied by us. Such damages include, but are not limited to, costs of removal and reinstallation of goods costs of testing, loss of goodwill, loss of profits, or loss of use.
12. Guarantees and Conditions of Goods
12.1 Except as provided under the Consumer Guarantees Act or in sub-clause 12.2, no warranty or condition shall be implied herein against us by Statue, Common Law, Law Merchant or otherwise howsoever and no representation or express condition or warranty shall be binding on us, unless it be in writing and signed for on our behalf.