Terms and Conditions

CONDITIONS AND TERMS OF SUPPLY

PC Service Centre (ChCh) Ltd (“the Supplier”) supplies software/hardware (“the goods”) to the customer on the basis of the following terms and conditions and the customer’s acceptance of this is evidenced by their purchase or use of the goods.

  1. The payment falls due and payable as listed in the payment terms on the invoice.
  2. The Customer agrees to pay in addition to interest a monthly administration fee on overdue accounts in the sum of $25.00.
  3. Interest on overdue accounts and administration fees is without prejudice to any other rights of the Supplier under this Agreement.
  4. The Customer must insure the goods for their full insurable or replacement value (whichever is the higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the Customer carries on business.
  5. The Customer must not remove, deface or obliterate any identifying plate, mark or number on the goods.
  6. The Customer will comply with the terms of any licence agreement applicable to any part of the goods and the Customer shall not copy the goods in whole or in part except to make copies as are necessary for the purpose of a bona fide system backup and security.
  7. The property of the Supplier in the goods remains with the Supplier until the Supplier has been paid in full for the goods under all individual contracts and terms set out in the Order or Invoice for the supply of the goods, between the Supplier and the Customer.
  8. Delivery shall occur upon physical delivery to the Customer or if installation is required upon loading at the Customer’s premises.  The Supplier is authorised to deliver and install goods at the address given to the Supplier by the Customer for that purpose and it is expressly agreed that the Supplier shall be taken to have delivered and installed the goods in accordance with its Contract if that Addressee obtains from any person a receipt or signed delivery docket for the goods.
  9. The Customer is a bailee of the goods until such time as property in them passes to the Customer and that this bailment continues in relation to each of the goods until the price of the goods has been paid in full;
  10. If the Customer supplies any of the goods to any person before all moneys payable by the Customer have been paid to the Supplier, the Customer agrees that:
  • it holds the proceeds of resupply of the goods on trust for and as agent for the Supplier immediately when they are receivable or are received;
  • it must either pay the amount of the proceeds of resupply to the Supplier immediately when they are received or pay those proceeds into an account with a bank or financial institution or deposit-taking institution as trustee for the Supplier;
  • in the event that the Customer uses the goods in some manufacturing or construction process of its own or some third party, then the Customer shall hold such part of the proceeds of such manufacturing or construction process as relates to the goods in trust for the Supplier. Such parts shall be deemed to be equal in dollar terms to the amount owing by the Customer to the Supplier at the time of the receipt of such proceeds;
  • if the Customer fails to pay for the goods within the period of credit (if any) extended by the Supplier to the Customer, the Supplier may recover possession of the goods at any site owned, possessed or controlled by the Customer and the Customer agrees that the Supplier has an irrevocable licence to do so.
  1. The Supplier does not warrant that the goods will be error free, the use of the goods shall be uninterrupted or that the goods will be fit for purpose. Any liability of the Supplier shall be in the case of goods being limited to the replacement of the goods or the supply of equivalent goods and in the case of services to the supply of the services again.
  2. The Customer must notify the Supplier in writing of Products they wish to return. No goods can be returned without a completed and authorised Goods Return Authorisation form. Goods will only be credited to the Customer’s account if returned in the same condition as delivered to the Customer initially and received by the Supplier within 14 days from the initial delivery.  The Supplier reserves the right to apply a minimum restocking fee of 10% of the invoiced value of the product.
  3. Nothing in this Agreement shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by the Fair Trading Act 1986, Consumer Guarantees Act 1993, the Sale of Goods Act 1908 or any other law where to do so would render the above provision of this Agreement void provided that liability is limited as far as possible as provided in Clause 5. hereof.
  4. The Parties agree that this Agreement and the provisions hereof shall be construed in accordance with the Laws of New Zealand.
  5. This Agreement constitutes the entire agreement between the parties and is not transferable without the written consent of the Supplier.

New Accounts:

New customers must complete and sign an account setup form.  We reserve the right to request bank and trade references to open a credit account.

Payment:

Payment is to be made on receipt, in 7 days or the 20th of the month, depending on the specific conditions of your credit agreement with the PC Service Centre (ChCh) Limited.

Any overdue accounts may incur additional costs to cover the extra work required to follow any issues up.

Stock:

Stock is supplied subject to availability.  We do reserve the right to alter prices without prior notice, and the property of all goods supplied shall remain with PC Service Centre until PC Service Centre (ChCh) Limited has been paid in full.  The risk of all goods passes to the purchaser upon delivery.