Terms & Conditions
Purchasing Of Goods & Services
- The customer is responsible to ITPLUS communications Limited (hereinafter referred to as ITPLUS) for ensuring the accuracy of any orders; unless ITPLUS provides the product(s) for a specific project that includes a written statement of work or is part of a design for which ITPLUS has specified the product(s) in writing.
- The customer is responsible for written confirmation of orders placed; any errors made on verbal orders can only be rectified at the customer’s expense.
- ITPLUS reserves the right to make changes to the specification of goods which do not materially affect the quality or performance of the goods.
- The customer indemnifies ITPLUS in full against all loss (including the loss of profit), costs, damages, charges and expenses incurred by ITPLUS as a result of cancellation of an order; any such cancellation must be informed to ITPLUS in writing.
- No variation to the ITPLUS Terms and Conditions shall be valid unless agreed in writing.
- ITPLUS employees or agents are not authorized to make representations concerning the goods unless confirmed by ITPLUS in writing.
- ITPLUS is not liable for any advice or recommendations given by its employees or agents unless given in writing; any advice is followed or acted on at the customers own risk. In accepting the terms and conditions, the customer confirms to waive any claim for breach of any such representations not given in writing.
- The price of the goods or to any services provided shall be the latest quoted price or where no price has been quoted, the latest published price list on acceptance of the order.
- In the event of increased costs to ITPLUS, we reserve the right to increase prices to reflect this prior to shipment and on informing the customer.
- All prices exclude the cost of packaging, delivery and any applicable GST at current rate.
a) Payment forms currently accepted by ITPLUS for payment of goods include Cheque (no charge), standard C.O.D. when agreed with ITPLUS, or else by means of cleared funds (Bankers Draft) or deposit of cleared funds in our nominated bank account with shipment only on confirmation from our Bank unless pre-arranged with ITPLUS.
b) Where these terms form part of a signed contract, order or agreement between ITPLUS and the Customer, then a deposit as stated in the contract, order or agreement is payable upon signing and acceptance of that signed contract, order or agreement. The balance is due for payment upon receipt of the Products or Services from ITPLUS by the Customer.
c) ITPLUS will offer selected trading account facilities to customers who have shown regular purchases over a period of six months or more (subject to satisfactory payment history), this facility will be subject to compliance to payment terms agreed in writing.
- Payment of trading accounts is due within 30 days of the date shown on the invoice.
- Any customer with a Trading Account balance overdue may be placed on a cash only basis until the account is brought within ITPLUS’s normal trading terms and ITPLUS re-approves the customer for a trading account.
d) Goods supplied on credit will remain the property of ITPLUS until payment has been made with the specified terms agreed. If the customer fails to make payment on the due date, then without prejudice to any other right or remedy available, ITPLUS shall be entitled to :
- Charge penalty interest at such rates as determined by ITPLUS on all overdue accounts.
- Cancel the contract or suspend any further deliveries, or suspend any services to the customer.
- Appropriate any payment made by the customer to such of the goods as ITPLUS may think fit.
Warranties & Liablities
a) Where ITPLUS does not manufacture the goods (or where the goods comprise computer software does not publish the software) and subject to the conditions set out below, ITPLUS sells the goods with the benefit of the manufacturers or publishers warranty unless otherwise stated.
b) The above warranty is given by ITPLUS subject to the following conditions, whereby ITPLUS will accept liability for the defective goods only to the extent that the company is entitled to make a claim under the manufacturers or publishers warranty, and obtain a refund, credit, repair or replacement in respect of the defective goods.
c) The warranty shall not cover any defect caused:
- by wear and tear
- in whole or in part by the negligence of the customer or a user
- by improper or unauthorised use of the products including any attempt to carry out repairs or modifications to the product
- by causes external to the products
e) Failure by the customer to settle accounts for goods supplied will render the warranty null and void.
f) The customer shall be responsible for the cost of carriage and insurance in respect of all goods returned by the customer to ITPLUS for repair or replacement, unless otherwise agreed in writing.
g) ITPLUS will not accept returned goods unless a return has been agreed in advance and the goods received are in stock condition, original packaging and clearly marked with the RMA (Returns Material Authorisation) number issued by ITPLUS. All returned goods should be accompanied with a full description of fault.
h) All returns issued with an RMA number must be received within five working days of issue; otherwise the number will be invalidated. Unless otherwise notified, all returns will be processed within ten working days of receipt of the items.
i) ITPLUS reserves the right to levy a surcharge of up to 15% of invoice value in the event of returned goods being found to be in working order in accordance with the specification of the order.
Wrong Orders, Property & Risk
a) All orders must be confirmed in writing by the customer and it is the customer’s responsibility to ensure that the order is correct. Any items which the customer has wrongly ordered may be returned for credit so long as notification is made to the ITPLUS within two working days of receiving the goods, and the goods must be returned within four working days.
b) Credits sought for returned Products are at ITPLUS’s exclusive discretion and the Products:
- must be returned free to ITPLUS, all transportation charges, insurance, taxes, duties and additional charges being borne by the Customer;
- must be in as new condition in the manufacturer’s (or supplier’s) original containers, unsoiled and undamaged; and must be accompanied by number and date of supplying invoice.
c) Risk of damage to or loss of the goods shall pass to the customer at the time of delivery, or if the customer wrongfully fails to take delivery of the goods at the time when ITPLUS has tendered delivery of the goods.
d) Until such time as the property in the goods passes to the customer, ITPLUS shall be entitled at any time to require the customer to deliver up goods to ITPLUS and if the customer fails to do so forthwith, to enter upon the premises of the customer or any third party where the goods are stored and repossess the goods.
- Delivery of goods shall be made to the customer’s regular trading address unless specified otherwise in writing by the customer prior to shipment. Any non-delivery of goods should be notified in writing to ITPLUS within one working day of the agreed shipment date otherwise the delivery shall be deemed to have taken place on the date of ITPLUS’s invoice.
- The customer may order products or services and ITPLUS will endeavour to deliver those Products or Services within the agreed time. ITPLUS has no obligation to deliver any Product or Service unless ITPLUS accepts the order. ITPLUS may make delivery of Products or Services by instalments and the Customer must pay for any instalments that have been delivered regardless of whether all Products or Services ordered have been delivered.
- Any damages occurred in transit, any quantity discrepancy, or product mis-shipment must be notified in writing by the customer on the day of receipt of the goods. Where ITPLUS only delivers a part shipment due to stock shortage and the customer is notified, the customer shall bear the cost of delivery of the short fall.
- Where the goods are to be delivered in instalments each delivery shall constitute a separate contract and the failure by ITPLUS to deliver any one or more of the instalments shall not entitle the customer to treat the contract as a whole repudiated.
a) Save as set out in these conditions, ITPLUS does not accept any liability for any loss or damage howsoever caused, resulting from the use of the goods or services sold by it for damage, loss of profit, loss of data, or loss of any other kind whatsoever.
b) Each party shall treat as confidential all information obtained from the other.
c) Any claims against ITPLUS shall be brought in the New Zealand courts. ITPLUS reserves the right to bring proceedings against you in either the New Zealand courts or in the courts of the country in which you are domiciled.
Personal Property Securities Register
a) You acknowledge that:
- these Terms of Trade are a security agreement for the purposes of section 36 of the PPSA;
- we take a security interest in all Goods that we have previously supplied to you (if any) and all Goods that we will supply to you in the future, to secure (with equal priority) payment of all amounts that you owe us;
- the security interest will continue until you have paid all amounts owing; and
- you waive your right to receive a verification statement under section 148 of the PPSA.
- will promptly sign any further documents, provide any further information, or do any other thing that we reasonably require to perfect and maintain the perfection of our security interest (including by registering a financing statement or financing change statement);
- indemnify (and if requested reimburse) us for all expenses that we incur in registering a financing statement or financing change statement or releasing Goods charged by the statement; and
- will give us 14 days’ prior written notice of any change in your name, address, contact details, trading name, business practice or any other details, and use your best endeavours to ensure that any applicable financing change statement is registered disclosing your new details.
c) To the fullest extent permitted by law, you and we contract out of section 114(1)(a) of the PPSA, and out of your rights referred to in sections 107(2)(c), (d), (h), and (i) of the PPSA. If and for so long as we are not the secured party with priority over all other secured parties in respect of any particular Goods, you and we agree that section 109(1) of the PPSA does not apply to those particular Goods.