|Conditions of Use
All prices (unless specified) exclude freight and GST,
and are subject to change without notice (Error & Omissions
ACE TECH Computers agrees to sell and the Customer agrees to buy the
goods ordered through ACE TECH Computers.
By placing the order for goods through ACE TECH Computers you are
deemed to accept the terms and conditions of sale.
- The purchase price is for goods supplied and packed, and is
exclusive of installation and maintenance.
- The price you pay will be increased by the amount of GST, other
taxes and duties which may be applicable and insurance/freight/handling
charges (except to the extent already expressly included in the price).
- We can revise our prices at any time prior to accepting your
- Purchase prices are given in New Zealand dollars unless otherwise
- You are bound to pay us the price once we accept your
order. A quotation does not give rise to a binding contract until
you place an order which we subsequently accept.
- Where we agree to transport the goods to a specified place, we
will deliver, or arrange delivery of, the goods to that place.
Except where otherwise agreed, you will pay for all resulting
- If no place of delivery is specified, delivery shall take place
at the time when the goods are made available for despatch at our
- We can deliver the goods by instalments, and each instalment
shall be treated as a separate contract.
- Any time stated for delivery is an estimate only. No claim shall
be made by you on account of late shipment, or delivery however caused.
- All freight charges shall be at your cost unless otherwise agreed
Returns and Cancelled orders
- All goods to be returned must have a Goods Return Authority
issued by us. The issue of a Goods Return Authority does not guarantee
that we will accept the return.
- Faulty goods will be subject to the normal return procedures for
the specific brand being returned.
- Due to copyright regulations, software cannot be returned for a credit.
- Non-faulty product will require a Goods Return Authority, must be
in saleable condition, and will be subject to a minimum 10% restocking
fee. Freight charges will not be credited under any
- You will be liable for all delivery and insurance charges
incurred in respect of returned goods.
Risk and ownership
- Risk of any loss, damage or deterioration of or to the goods
passes to you on delivery.
- Ownership of the goods remains with us and does not pass to you
until you pay all amounts you owe to us or resell the goods in
accordance with these terms.
- While ownership of the goods remains with us:
- You must store them separately or clearly identify them as
belonging to us.
- We authorise you in the ordinary course of your business to use
the goods or sell them for full consideration. This authority is
revoked from the earlier of the following:
- we deem your credit to be unsatisfactory;
- the occurrence of an Event of Default; or
- the time that we notify you in writing that this authority is
- We can enter the premises where the goods are stored and remove
them without being responsible for any damage caused in doing so.
We can resell any of the goods and apply the proceeds of sale in
reduction of amounts you owe to us.
- If you resell or use the goods before ownership of the goods has
passed to you, the proceeds of such sale or use shall be received and
held by you (in whatever form) in trust for both you and us. Our
interest as beneficiary under that trust shall be that portion of the
proceeds which does not exceed all amounts you owe us. You will
be entitled to the balance of the proceeds.
- We can bring an action for the price of the goods sold even where
ownership of the goods may not have passed to you.
- Where the Consumer Guarantees Act 1993 ("Act") applies:
- If the goods are acquired by you for business purposes you agree
that the Act does not apply.
- If you on-supply goods you must:
- do so on the basis that the Act does not apply where the goods
are on-supplied for business purposes; and
- notify consumers that neither we nor any manufacturer undertake
that repair facilities or spare parts will be available.
- You acknowledge that no Express Guarantees (as defined in the
Act) are provided.
- If a claim is made directly against us by a consumer under the
Act then you will refund to us the amount of any damages (up to the
value of the margin you made on the goods in question) we are required
to pay to that consumer under the Act.
- Nothing in these terms is intended to have the effect of
contracting out of the provisions of the Act except to the extent
permitted by the Act.
- Except as otherwise required or prevented by law or except as
expressly provided under these terms, we are not liable for any claim
in relation to any goods we supply to you (including as a result of
negligence or otherwise) and all representations, guarantees,
warranties and terms of whatever nature (including fitness for purpose)
are completely excluded.
Repairs and replacements
- We do not undertake that repair facilities and parts will be
available for the goods. We will not be liable to repair or
replace any defective goods and at our own discretion we may:
- notify the manufacturer of the goods of any defect notified by
- request the manufacturer to repair or replace any defective goods.
- If you do not pay the price by due date, we may charge a default
penalty at a rate of 2.5% per month calculated on a daily basis on the
unpaid portion of the price from the due date until payment in full,
plus any GST.
- You will, on demand, pay to us any amount we incur (including
solicitors' and collection agency costs, court costs and disbursements)
in recovering payment of any overdue account.
- If an Event of Default occurs, we may suspend or terminate any
contract with you.
- If an Event of Default occurs, all amounts you owe us shall
immediately become due and payable notwithstanding that the due date
has not arisen.
- An "Event of Default" means an event where:
- you fail to comply with the terms of any contract with us; or
- you commit an act of bankruptcy; or
- you enter into any composition or arrangement with your
- if you are a company:
- you do anything which would make you liable to be put into
- a resolution is passed or an application is made for liquidation;
- a receiver or statutory manager is appointed over all or any of
Use of information
- You agree that we (or other members of our group of companies)
may obtain information about you from you or any other person
(including any credit or debt collection agencies) in the course of our
business, and you consent to any person providing us with such
- You agree that we may give any information we have about you
relating to your credit worthiness to any other person, including any
credit or debt collection agency, for credit assessment and debt
- You must notify us of any change in circumstances that may affect
the accuracy of the information you provided to us or our group of
companies. (If you are an individual, i.e. a natural person, you
have rights under the Privacy Act 1993 to access and request the
correction of any personal information that we hold about you).
- We shall not be liable for any delays or failure in complying
with any obligation imposed on us under any contract or for any loss or
damage (including indirect or consequential loss of profits, data or
damage) as claimed by you.
- Should any liability in relation to this agreement (or the goods
supplied under this agreement) be imposed on Unisys for any reason, our
total liability to you is limited to the price of those goods and
services supplied by us to which the liability relates.We will not, in
any case, be liable for any consequential or special damages, including
loss of business profits.
- If we are unable to provide our obligations under the terms of
this agreement by reason of strike, lock-out, riot, industrial action,
fire, storm, operation of law or other cause beyond our control, then
we are released from our obligations under this agreement.
You hereby indemnify and will keep us indemnified against all
obligations and liabilities incurred by an act or omission by you in
relation to this agreement.
- We have the right to cancel this agreement (without prejudice to
any of its rights) immediately upon any of the events:
- a. If you cease or threaten to cease to carry on business;
- a.b. If a receiver or similar officer is appointed in
respect of all or any assets belonging to you, or you are unable to pay
your debts when they fall due, enter into a scheme with your creditors
or any steps are taken to place you into liquidation; or
- a.c. If you commit a breach of this agreement and the
breach is not remedied within 14 days of notification of the breach by
- Upon termination we will be entitled to repossess and resell any
unpaid goods within the term of terms risk and ownership.
Termination shall not relieve you from any liability or responsibility
that has arisen before the date of termination.
- These terms apply to all transactions where we supply goods to
- This agreement supersedes the terms of all prior agreements,
understandings, representations or warranties previously given by us or
any agent of ACE TECH Computers in respect of goods.
- If there is any inconsistency between these terms and any order
submitted by you or any other arrangement with us, these terms prevail
unless otherwise agreed by us in writing.
- If at any time any provision of this agreement becomes illegal,
invalid or unenforceable neither the legal validity nor enforceability
of the remaining provisions shall in any way be affected or impaired.
If we exercise or fail to exercise any right or remedy available to us,
this shall not prejudice our rights in exercising that or any other
right or remedy. Waiver of any term of the contract must be
specified in writing by us and signed by an authorised person.
You may not transfer or assign all or any of your rights or obligations
under this contract without our prior written consent.
This contract and its terms are governed by, and shall be construed in
accordance with, the laws of New Zealand. Both parties submit to
the exclusive jurisdiction of the courts of New Zealand.
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