- 1.1 'PRINTERHQ’ shall mean Parts On Demand Ltd trading as PRINTERHQ, or any agents or employees thereof.
- 1.2 'Customer' shall mean the customer, any person acting on behalf of and with the authority of the customer, or any person purchasing goods from PRINTERHQ.
- 1.3 'Goods' shall mean all goods, chattels, or services, provided by PRINTERHQ to the customer, and shall include without limitation the provision of all printers and supplies, all service charges, hire charges, or any fee or charge associated with the supply of goods by PRINTERHQ to the customer.
- 1. 'Price' shall mean the cost of the goods as agreed between PRINTERHQ and the customer subject to clause 4 of these Terms and Conditions.
- 2. 'Exchange Unit' shall mean a refurbished or new unit.
- 3. ‘Contract’ shall mean contract for sale by PRINTERHQ of products and/or services incorporating the Terms and Conditions
- 2.1 Any instructions received by PRINTERHQ from the customer for the supply of goods shall constitute acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
- 3.1 The customer authorises PRINTERHQ to collect, retain and use any information about the customer, or for the purpose of assessing the customer's credit worthiness, enforcing any rights under the Contract, or marketing any goods and services provided by PRINTERHQ.
- 3.2 The customer authorises PRINTERHQ to disclose any information obtained to any person for the purposes set out in clause 3.1.
- 1. Where the customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
- 4.1 Where no price is stated in writing or agreed to orally the goods shall be deemed to be sold at the current amount as such goods are sold by PRINTERHQ at the time of the Contract.
- 1. The price may be increased by the amount of any reasonable increase in the cost of supply of the goods that is beyond the control of PRINTERHQ between the date of the Contract and delivery of the goods.
- 2. The price shall be inclusive of Goods and Services Tax unless specifically stated to the contrary.
- 5.1 Payment for goods shall be made on placement of order, unless and account facility and payment terms have been prearranged with PRINTERHQ.
- 5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
- 5.3 Any expenses, disbursements and legal costs incurred by PRINTERHQ in the enforcement of any rights contained in the Contract shall be paid by the customer, including any reasonable solicitor's fees, debt collection agency fees, and or interest.
- 1. Receipt of a cheque, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
- 6.1 Where a quotation is given by PRINTERHQ for goods:
- 6.1.1 The quotation shall be valid for 7 days from the date of issue; and
- 6.1.2 The quotation shall be inclusive of Goods and Services Tax unless specifically stated to the contrary.
- 1. Where goods are required in addition to the quotation the customer agrees to pay for the additional cost of such goods.
- 7.1 The goods remain at PRINTERHQ' risk until the delivery to the customer, but when title passes to the customer pursuant to clause 9.1 of the Terms and Conditions the goods are at the customer's risk whether delivery has been made or not.
- 7.2 Delivery of goods shall be deemed complete when PRINTERHQ gives possession of the goods for delivery to the customer, or possession of the goods is given to a common carrier, or other bailee for the purposes of transmission to the customer.
- 7.3 The time agreed for delivery shall not be an essential term of the Contract unless the customer gives written notice to PRINTERHQ making time of the essence.
- 7.4 Where PRINTERHQ delivers goods to the customer by instalments and PRINTERHQ fails to deliver one or more instalments the customer shall not have the right to repudiate the Contract but shall have the right to claim compensation as a severable breach.
- 8.1 The customer authorises PRINTERHQ to contract either as principal or agent for the provision of goods that are the matter of the Contract.
- 8.2 Where PRINTERHQ enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract.
- 9.1 If the goods are ascertained and in a deliverable state, title in the goods passes to the customer when the customer has made payment for all goods supplied by PRINTERHQ.
- 9.2 Where the customer has not paid for any goods in its possession property in such goods shall remain with PRINTERHQ and:
- 9.2.1 The goods shall be held by the customer as bailee; and
- 9.2.2 If the goods are attached, fixed, or incorporated into any property of the customer, by way of any manufacturing or assembly process by the customer or any third party, title in the goods shall remain with PRINTERHQ until the customer has made payment for all goods, and where those goods are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall deemed to be assigned to PRINTERHQ as security for the full satisfaction by the customer of the full amount owing between PRINTERHQ and customer.
- 1. The customer gives irrevocable authority to PRINTERHQ to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer. PRINTERHQ shall not be liable for costs, damages or expenses or any other losses incurred by the customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever.
10. RETURN OF GOODS
- 10.1 The customer shall be deemed to have accepted the goods unless the customer notifies PRINTERHQ otherwise within 7 days of delivery of the goods to the customer.
- 10.2 If the goods are not accepted according to clause 10.1 of the Contract the customer shall pay for the delivery of the returned goods to PRINTERHQ whereby the customer shall be entitled to a credit for the purchase price of any such goods. Any goods must be returned within 7 days of notification pursuant to clause 1 0. 1 hereof.
- 1. If goods are ordered in error by the customer and returned pursuant to Clauses 10.1 and 10.2 hereof PRINTERHQ at its discretion may charge the customer a restocking fee to recover costs in processing and re-testing goods returned. A minimum of $20.00 may be applicable.
- 2. In the case of damaged goods in transit from PRINTERHQ the customer must notify PRINTERHQ within 24 hours of delivery of the goods to the customer.
- 3. A ' Return Authorisation form', must accompany all returned goods returned received faulty or unused.
- 4. For return of Exchange Units refer section 17.
- 11.1 Except as otherwise provided by statute PRINTERHQ shall not be liable for:
- 11.1.1 Any loss or damage of any kind whatsoever whether suffered or incurred by the customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by PRINTERHQ to the customer and without limiting the generality of the foregoing of this clause PRINTERHQ shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and
- 11.1.2 Except as provided in these Terms and Conditions PRINTERHQ shall not be liable in contract, or in tort or otherwise for any loss, damage, or injury beyond the value of the goods provided by PRINTERHQ to the customer; and
- 1. The customer shall indemnify PRINTERHQ against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of PRINTERHQ or otherwise, brought by any person in connection with any matter, act, omission, or error by PRINTERHQ its agents or employees in connection with the goods.
12. CONSUMER GUARANTEES ACT
- 12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods or services from PRINTERHQ for the purposes of a business in terms of section 2 and 43 of that Act.
13. GENERAL LIEN
- 13.1 The customer agrees that PRINTERHQ may exercise a general lien against any goods or any property belonging to the customer that is in the possession of PRINTERHQ for all sums outstanding under the Contract and any other contract to which the customer and company are parties.
- 13.2 If the lien is not satisfied within 7 days of the due date PRINTERHQ may having given notice of the lien at its option either:
- 13.2.1 Remove such goods or property and store them in such a place and in such a manner as PRINTERHQ shall think fit and proper and at the risk and expense of the customer; or
- 13.2.2 Sell such goods or property or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
- 14.1 No representation, condition, warranty or promise expressed or implied by law or otherwise applies to goods except where goods are supplied pursuant to the Consumer Guarantees Act 1993 or except where provided to the customer in writing at the time of sale.
- 1. PRINTERHQ does not provide any warranty that the goods are fit and suitable for the purpose for which they are required by the customer and shall not be liable if they are not.
- 15.1 PRINTERHQ shall, without any liability, and without any prejudice to any other right it has in law or equity, have the right by notice to suspend or cancel in whole or in part any contract for the supply of goods to the customer if the customer fails to pay any money owing after the due date or the customer commits an act of bankruptcy as defined in section 19 of the Insolvency Act 1967.
- 15.2 Any cancellation or suspension under clause 15.1 of this agreement shall not affect PRINTERHQ' claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of the Contract or the customer's obligations to PRINTERHQ under the Contract.
- 16.1 The customer shall not assign all or any of its rights or obligations under the Contract without the written consent of PRINTERHQ.
- 16.2 PRINTERHQ shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
- 16.3 Failure by PRINTERHQ to enforce any of the terms and conditions contained in the Contract shall not be deemed to be a waiver of any of the rights or obligations PRINTERHQ has under the Contract.
- 16.4 The law of New Zealand shall apply to this contact except to the extent expressly negatived or varied by the Contract.
- 16.5 Where the Terms and Conditions are at variance with the order or instruction from the customer, the Terms and Conditions shall prevail.
- 16.6 If the customer is a company or trust, the director(s) or trustee(s) jointly and severally guarantee to PRINTERHQ the payment of the balance of the customer's credit facility from time to time, and the payment of any and all other monies now or hereafter owed by the customer to PRINTERHQ. Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in the Contract. The guarantors and customer shall be jointly and severally liable under the terms and conditions of the Contract.
- 1. If any provision of the Contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforce-ability of the remaining provisions shall not be affected, prejudiced or impaired.
10. EXCHANGE UNITS
- 10.1 PRINTERHQ reserve the right of refusal against any tendered exchange item that is incomplete or beyond refurbishment.
- 10.2 Exchange units for return must be received by PRINTERHQ within 7 days of receipt of the refurbished unit.
- 10.3 Exchange units not returned within 14 days, are incomplete, or beyond refurbishment may incur a core charge.
- 10.4 Where the unit does not comply with clause 17.3 the customer agrees to pay the difference between the exchange unit price and the new price.
- 10.5 Exchange units for refurbishment must be accompanied by an 'Exchange Item Advice Form' issued for that unit.
- 10.6 Removal or tampering with the PRINTERHQ label voids all warranty.
- 10.7 PRINTERHQ reserves the right to issue an 'Exchange Unit' in advance.
11. POLICIES AND ADDENDUM