PARTS ON DEMAND LIMITED
14a Clemway Place, Henderson, Auckland, New Zealand 0610
Phone: (64) 9 836 6602 Fax: (64) 9 836 6604 Email: firstname.lastname@example.org
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Terms and Conditions of Trade:
1.1 'POD' shall mean Parts On Demand Limited, 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 POD.
1.3 'Goods' shall mean all goods, chattels, or services, provided by POD 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 POD to the customer.
1.4 'Price' shall mean the cost of the goods as agreed between POD and the customer subject to clause 4 of this contract.
1.5 'Exchange Unit' shall mean a refurbished or new unit .
2.1 Any instructions received by POD 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 POD 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 this contract, or marketing any goods and services provided by POD.
3.2 The customer authorises POD to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 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 POD at the time of the contract.
4.2 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 POD between the date of the contract and delivery of the goods.
4.3 The price shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
5.1 Payment for goods shall be made in full on or before the 20th day of the month following the date of the invoice, or on receipt of delivery of goods, whichever is the earlier (The due date).
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 POD in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor's fees, debt collection agency fees, and or interest.
5.4 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 POD 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 exclusive of Goods and Services Tax unless specifically stated to the contrary.
6.2 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 POD's risk until the delivery to the customer, but when title passes to the customer pursuant to clause 9.1 of this contract 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 POD 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 this contract unless the customer gives written notice to POD making time of the essence.
7.4 Where POD delivers goods to the customer by instalments and POD 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 POD to contract either as principal or agent for the provision of goods that are the matter of this contract.
8.2 Where POD 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 POD.
9.2 Where the customer has not paid for any goods in its possession property in such goods shall remain with POD 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 POD 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 POD as security for the full satisfaction by the customer of the full amount owing between POD and customer.
9.3 The customer gives irrevocable authority to POD to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer. POD 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 POD otherwise within 24 working hours of delivery of the goods to the customer.
10.2 If the goods are not accepted according to clause 10.1 of this contract the customer shall pay for the delivery of the returned goods to POD 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 10. 1 hereof.
10.3 If goods are ordered in error by the customer and returned pursuant to Clauses 10.1 and 10.2 hereof POD 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.
10.4 In the case of damaged goods in transit from POD the customer must notify POD within 24 hours of delivery of the goods to the customer.
10.5 A ' Return Authorisation form', must accompany all returned goods returned received faulty or unused.
10.6 For return of Exchange Units refer section 17.
11.1 Except as otherwise provided by statute POD 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 POD to the customer and without limiting the generality of the foregoing of this clause POD 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 this contract POD 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 POD to the customer; and
11.1.3 The customer shall indemnify POD 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 POD or otherwise, brought by any person in connection with any matter, act, omission, or error by POD 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 POD 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 POD may exercise a general lien against any goods or any property belonging to the customer that is in the possession of POD for all sums outstanding under this 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 POD 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 POD 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.
14.2 POD 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 POD 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 POD's claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this contract or the customer's obligations to POD under this contract.
16.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of POD.
16.2 POD 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 POD to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations POD has under this contract.
16.4 The law of New Zealand shall apply to this contact except to the extent expressly negatived or varied by this contract.
16,5 Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.
16.6 If the customer is a company or trust, the director(s) or trustee(s) signing this contract jointly and severally guarantee to POD 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 POD. Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and customer shall be jointly and severally liable under the terms and conditions of this contract.
16.7 If any provision of this 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.
17. Exchange Units
17.1 POD reserve the right of refusal against any tendered exchange item that is incomplete or beyond refurbishment.
17.2 Exchange units for return must be received by POD within 7 days of receipt of the refurbished unit.
17.3 Exchange units not returned within 14 days, are incomplete, or beyond refurbishment may incur a core charge.
17.4 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.
17.5 Exchange units for refurbishment must be accompanied by an 'Exchange Item Advice Form' issued for that unit.
17.6 Removal or tampering with the POD label voids all warranty.
17.7 POD reserves the right to issue an 'Exchange Unit' in advance.
18. Policies and Addendum
These Terms and Conditions are to be read in conjunction with POD policies and Addendum’s.
Signed for and on behalf of the Customer.
Signed for and on behalf of POD.
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PARTS ON DEMAND LIMITED RETURN MERCHANDISE AUTHORIZATION
- An RMA number assigned by POD must be put on the outside and inside of your returned product package for adequate identification. Products returned without a valid RMA number will be refused at POD.
- The customers RMA number is valid only for 30 calendar days from date of issue.
Products must be:
1) Returned within the specified date on the Exchange Docket.
2) Repairable, no alterations, or missing parts.
3) Be an exact equivalent of the part shipped out.
On receipt of RMA and Exchange parts POD will inspect it to confirm that it is:
1) The correct part returned.
2) Eligible for product return.
- If not, then POD will have the option of:
1) Returning it with an explanation
2) Providing no refund for a RMA
3) Not accepting the part as an Exchange unit.
POD at its discretion may charge a restocking fee to recover costs in processing and re-testing goods returned. A minimum fee of $20.00 may be applicable.
- Manuals, rollers and special order items are not returnable.
- POD is not responsible for damages incurred in transit.
- The customer is responsible for return shipping.
- All products must be returned within the allocated time issued by POD.
- New products carry the Original Manufacturer Warranty.
- Exchange Units carry a 90 day warranty
These policies are to be read in conjunction with PODs Terms and Conditions.
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