Computer Direct Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS
OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CONSUMER GUARANTEES ACT 1993 MAY GIVE YOU RIGHTS IN ADDITION TO YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS OF SALE.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS,
THEY WILL REPLACE ANY TERMS AND CONDITIONS CONTAINED IN ANY DOCUMENT USED BY YOU AND PURPORTING TO HAVE CONTRACTUAL EFFECT,
AND YOUR ACCEPTANCE OF ANY GOODS OR SERVICES FROM COMPUTER DIRECT INDICATES YOUR ACCEPTANCE OF THESE TERMS OF TRADE.
(UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH COMPUTER
DIRECT LIMITED ("Computer Direct"), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
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Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Computer Direct Limited.
The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site.
(References to "you" or "your" shall relate to the Customer; references to "Computer Direct" shall relate to Computer Direct Limited and its
affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and
conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in
question.
This Sale Agreement constitutes the entire agreement between the Customer and Computer Direct relating to the purchase or sale of goods or
services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been
purchased or sold on the Site in writing, signed by Computer Direct Limited. Electronic records (including signatures), that are otherwise valid,
shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web
browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have
the record provided in non-electronic form by contacting Computer Direct at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms
and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF
NEW ZEALAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are
paid if full by the purchaser and at that time title passes to the purchaser.
Until property passes to you, you shall hold any goods as fiduciary bailee for Computer Direct; and store them in a manner to enable them to be identified and cross referenced in particular invoices.
You authorise Computer Direct or its agent to enter your premises to remove any goods which are the property of Computer Direct, and indemnify Computer Direct against all costs and claims in respect of its exercise of rights.
Unless otherwise notified in writing, you are authorised to sell the goods in the ordinary course of your business, but you must keep the proceeds of any goods sold in separate account in trust for Computer Direct.
Notwithstanding the above, all payments shall immediately become due to Computer Direct if you become insolvent, commit any act of bankruptcy, or if a receiver, liquidator or statutory manager is appointed over any of your assets or undertaking, or if you make or attempt to make an arrangement or composition with creditors.
Loss or damage that occurs during shipping by a carrier selected by Computer Direct is Computer Direct's responsibility. Loss or
damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain
with the applicable licensor(s). The goods supplied to you and secured by these terms of trade, together with the credit advanced by the supply on any services, are described on each of our invoices.
You agree that you will do all acts necessary and provide Computer Direct on request all information required by it to register a financing statement over the goods or their proceeds, and that you will advise Computer Direct of any changes to that information. You agree that Computer Direct,
at its option, may require you to pay all reasonable costs, including legal costs on a solicitor-client basis, associated with the discharge or amendment of any financing statement registered by Computer Direct, whether or not the change was initiated by you.
You authorise Computer Direct to search the Personal Property Securities Register for any information about you or (in the case of a company) your parent
Export Sales
If goods herein being purchased are being purchased for purposes of export,
the Customer must obtain from the New Zealand government certain export documentation before shipping to a foreign country.
In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside
New Zealand. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
COMPUTER DIRECT LIMITED HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY COMPUTER DIRECT LIMITED IN NO WAY AFFECTS
THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Connectivity Speed Disclaimer
Connectivity requires access services from an access provider. Contact your local access provider for rates, terms and conditions. Routers, gateways, & modems may not be capable of maximum speeds provided by the Manufacturer.
Third-Party Product and Y2K Disclaimer
All products sold by Computer Direct Limited are third party products and are subject to the
warranties and representations of the applicable manufacturers, including but not limited to Y2K compliance. Accordingly, Computer Direct makes
no representation or warranty with respect to the Y2K compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers,
Computer Direct Limited reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes,
errors in advertisements and other extenuating circumstances. High volume bids are welcome!
While Computer Direct uses reasonable efforts to include accurate and up-to-date information on the Site, Computer Direct makes no warranties or representations as to the Site's accuracy. Every effort has been made to provide accurate product images however all images provided on the website are intended as an approximate guide only. Computer Direct assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
COMPUTER DIRECT LIMITED WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. COMPUTER DIRECT LIMITED WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, COMPUTER DIRECT LIMITED IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS
AGREEMENT.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Computer Direct until accepted by Computer Direct. Computer Direct reserves the right to refuse to accept any order or any part of an order, and to deliver goods by instalments, in which case each instalment will comprise a separate contract and shall be paid for as if it were a separate order. Computer Direct may reduce order quantities on products at its discretion where stock supply is limited or special pricing has been provided including specials, below cost, and run-out special promotions. Terms of payment are within Computer Direct's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Computer Direct may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at a compounding monthly interest rate on the unpaid overdue balance of 5% per annum above the current overdraft rate charged by Computer Direct's bankers, and Computer Direct may at its option suspend delivery of further goods or performance of further services until the account is paid. The Customer agrees to pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.
Freight Policy
You are responsible for insurance and risk in the Products from the earlier of the time they are received by a carrier for delivery to you or the time they are collected by you or your agent. You agree to pay all delivery charges incurred, including surcharges relating to rural delivery or special Saturday delivery if required. Freight estimates automatically generated by the website will act as a guide only, the actual finalised freight charges incurred may be lower or higher than this estimate depending on the consolidated total volumetric weight of each parcel and packaging type, as well as the courier company and service used. Shipping and handling charges on all other orders vary; contact your Computer Direct account manager for our most current and competitive rates, options and shipping
specials. Where goods appear to be damaged or short-delivered you must contact the carrier and Computer Direct immediately and supply to the carrier and to Computer Direct a copy of the proof of delivery with the loss or damage described on it. All claims for shortage or damage during delivery must be confirmed in writing to Computer Direct within 5 days of the date of delivery. Damaged goods must be made available for inspection by the carrier. We will make every effort to ensure delivery of Products, or performance of services, is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance does not entitle you to cancel any order. Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, and you are still directly responsible to us under these terms of trade. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Click here or call for more details.
Returns Policy
You acknowledge and agree that returns shall be accepted by us only in accordance with our returns policy as notified to you from time to time including on the Website, and that you may receive a full or partial credit for goods that have been returned to us only if, and to the extent that, we have consented in writing. For further information not listed, please contact your Computer Direct account manager.
Computer Direct offers a 14 day return policy on selected items based on manufacturer return policies.
Please call 0800-007-008 or e-mail our Returns Department at returns@computerdirect.co.nz to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.
All products returned MUST: be 100 percent complete, in new condition in original undamaged packaging, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
You are responsible for shipping charges on returned items; Computer Direct will match your shipping method on any warranty replacement or warranty exchange item(s).
Computer Direct strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for Computer Direct to file a
damage claim. Save the merchandise AND the original box and packing it arrived in, notify Computer Direct immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify Computer Direct of damaged goods within the first 7 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 0800-007-008 or your Computer Direct account manager to arrange for carrier inspection and a pick up of damaged merchandise.
Any warranty may be voided by damage to or misuse, problems caused by the use or misuse of software, negligent installation or operation, cleaning or maintenance, unauthorised repairs, modifications or the addition of hardware not supplied by Computer Direct.
Where the good or services that you acquire from Computer Direct are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or implied by common law will not apply and are excluded from these terms of trade.
DEFECTIVE returns can be returned directly to Computer Direct within 14 days from the invoice date, at Computer Direct's discretion for: credit,
replacement, exchange or repair. After 14 days from the invoice date returns may need to be returned directly to Computer Direct or the Manufacturer depending on the item and the manufacturer's policy. Please check with us prior to sending the returns. Manufacturer restrictions may apply
NON-DEFECTIVE returns can be accepted directly by Computer Direct within 14 days from the invoice date, at Computer Direct's discretion for: credit,
exchange. Credits will most likely not be available for non-defective returns that have been already opened or used prior to being returned. All NON-DEFECTIVE returns are subject to a minimum 20 percent or $88 excluding gst restocking fee (whichever is the higher) at Computer Direct's discretion.
Due to some manufacturers' policies, Computer Direct cannot always accept returns of some items directly without the customer firstly gaining a RMA (Return Merchandise Authority) number from the manufacturer directly.
DEFECTIVE merchandise can be returned for REPAIR ONLY to: Computer Direct, the manufacturer direct or any manufacturer authorized service centre in your area. Manufacturers' return and repair policies can change, also manufacturers can go out of business or vary their terms in the case of specially ordered items.
Click here for Computer Direct mailing addresses and phone numbers.
Computer Direct reserves the right to authorize product returns beyond 14 days from the invoice date. IF the product is accepted after 14 days,
credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. Customers are
responsible for all shipping charges back to Computer Direct on returned items, and Computer Direct will pay the shipping charges on any warranty replacement or warranty exchange item(s) going back.
On Selling Products
Computer Direct reserves the right to reject or reduce orders from people or organisations who Computer Direct, at its sole discretion, believes may be acting for or in relation to a trader or competitor for trade purposes, ordering unusual quantities or providing inaccurate, misleading, duplicate, spam or incomplete details. If you purchase any goods from Computer Direct for resupply as, or incorporate any Computer Direct’ goods into, goods ordinarily acquired for personal household or domestic use or consumption ("Consumer Products") you warrant that:
if you supply the Consumer Product directly to an end user/consumer you will do so using terms and conditions of supply which exclude liability for any claims under the Consumer Guarantees Act 1993: and
if your customer acquires the goods for resupply, your customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the Consumer Guarantess Act 1993,
but in each case only where the end user/consumer acquires the Consumer Products for business purposes.
You agree to indemnify Computer Direct against any failure by you, your customer or any person in your distribution chain to properly contract out of liability to business end users/consumers under the Consumer Guarantees Act 1993.
Books, Software and DVD Movie Return Policy
Only defective books, software and DVD movies can be returned to Computer Direct. The return must take place within 30 days of invoice date and may only be replaced for the SAME software or DVD movie title. Unopened software may be
returned for refund or exchange within 14 days of invoice date at Computer Direct's discretion. Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer.
NOTE: Multiple software licenses cannot be returned
for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 30 days for any
reason.
Business Leasing
Business leasing plans are available through Computer Direct.
Monthly lease payments quoted are based on a 36 month lease. Rates are subject to change. Lease price does not include
documentation fee (up to $125), shipping, applicable taxes and other potential fees. First and last payments are due at lease
inception. Most advertised Computer Direct leases include a Fair Market Value purchase option at lease end. Call your Computer Direct Leasing Specialist
for more information.
Privacy
You agree to Computer Direct collecting, using, and disclosing certain personal information about You for various purposes, including to:
assess credit worthiness.
supply the Products and services to You and the management of Your account, including suppliers.
communicate with You about the Products and services which Computer Direct or its partners or affiliates may provide to You.
implement these Terms and the Credit Terms; and
comply with relevant laws.
Computer Direct, at the written request of You, will provide You with access to any personal information relating to You held by Computer Direct; and correct or amend any personal information relating to You held by Computer Direct which is inaccurate or out of date. Computer Direct will handle Your personal information in accordance with relevant laws. Please read Computer Direct's privacy policy at computerdirect.co.nz/webcontent/inside/inside/privacy.asp for further information on how Computer Direct deals with personal information of its customers. You must, at Computer Direct's request, obtain any consents from, or provide notices to, individuals associated with You for Computer Direct's privacy compliance purposes.
Cheque payment policy
Computer Direct will not longer accept a cheque or money order on any orders and accounts. This is due to bank industry changes and does not reflect on client's credit worthiness.
Credit Cards
Credit card charges are not normally submitted until time of shipment, unless required to secure payment for an indent backordered product, which is not normally stocked by Computer Direct and needs to be ordered in especially for your order request. All pricing given is pre-discounted for cash payment only and Computer Direct may apply a
discount reversal/surcharge for credit cards.
General Conditions
Computer Direct reserves the right to change these terms of trade from time to time. If Computer Direct fails to enforce any terms or to exercise its right under these terms of trade at any time. Computer Direct has not waived those rights. If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect ant the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.
Contacting Computer Direct
Click here to get Computer Direct contact
information.
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