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Terms and Conditions
All prices exclude freight, and are subject to change without notice (Error & Omissions Excepted).
Agreement
BestBuyNZ Ltd agrees to sell and the Customer agrees to buy the goods ordered through BestBuyNZ Ltd.
Acceptance
By placing the order for goods through BestBuyNZ Ltd you are deemed to accept the terms and conditions of sale.
Price
* The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
* We can revise our prices at any time prior to accepting your order.
* Purchase prices are given in New Zealand dollars unless otherwise stated.
* 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.
Payment
* Prices may be altered without notice.
* All prices include GST (12.5%).
Return of faulty goods:
* Where a faulty product is returned we retain the right to determine as to whether the product will be repaired or replaced. Freight charges will not be credited under any circumstances.
* Products found to be non-faulty will be subject to a $45.00 inspection fee plus cost for return postage.
* 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.
Guarantees
* 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
* 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.
* Products which sow evidence of of having been opened or seals broken will nullify any warranty expressed or implied.
* Where, upon inspection, the product shows evidence of having been used under conditions other than in accordance with any instruction booklet or operational manual provided, the warranty will not be valid.
* Where items that are operated by batteries show evidence of corrosion due to battery leakage, the warranty will be invalidated.
Repairs and replacements
* Where a faulty product is returned we retain the right to determine as to whether the product will be repaired or replaced
*Products which sow evidence of of having been opened or seals broken will nullify any warranty expressed or implied.
* Where, upon inspection, the product shows evidence of having been used under conditions other than in accordance with any instruction booklet or operational manual provided, the warranty will not be valid.
* Where items that are operated by batteries show evidence of corrosion due to battery leakage, the warranty will be invalidated.
No liability
*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.
Indemnity
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.
Cancellation
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; or
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
c. If you commit a breach of this agreement and the breach is not remedied within 14 days of notification of the breach by us.
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.
Assignment
* You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
Governing law
* 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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