STANDARD TERMS OF TRADE

 

The following are the Standard Terms of Trade for Computer Works Ltd/Networks.nz. In opening a credit account, the applicant (“Client” or “you”) agrees that the Computer Works terms of trade (whether these terms or any varied terms subsequently notified to you) apply to all orders placed by the Client.

 

 

  1. Computer Works/Networks.nz Terms of Trade: These terms of trade apply from 1st April Any changes will be published to the Client prior to implementation.

 

  1. Credit Terms: Payment must be made within 7 Days from which the invoice was issued. Computer Works reserves the right to impose a credit limit at any time, which may be altered or withdrawn at Computer Works discretion with effect from the date that Computer Works notifies you of such change. Supply may be stopped on overdue accounts and that debt may be passed on to an appropriate agency for collection.

All costs incurred by Computer Works in recovering payment from you, including (without limitation) all debt collectors’ fees or commissions, solicitors’ fees and disbursements and company clerical costs, shall be payable by you. Computer Works Limited will charge 15 % per month for Late Payment.

 

  1. Payment: Please make all payments to Computer Works Ltd online bank account: 06-0222-0024286-00. Our address is 69 Kurahaupo Street, Auckland, New Zealand for postage. All payments must be made by the Customer in full, without deduction.

 

  1. Credits: When you have a query relating to a particular Computer Works invoice, please call your local branch immediately and ask for the Credit Controller. If payment is due before your query has been satisfied, deduct the relevant amount from your statement total and remit the residual amount by the 20th of the month. Invoice copies are available by phoning your Computer Works branch. Payment of any amount deducted pursuant to this term will be due upon your query being satisfied or upon demand being made by Computer Works.

 

  1. Risk: Risk in the goods shall pass to the Client from the time of delivery of the goods to the Client or its agent. If any Goods are damaged or destroyed before the Customer has paid for them, Computer Works is entitled, without prejudice to any of its other rights or remedies under these Terms, to receive all insurance proceeds payable in respect of the Goods.

 

  1. Ownership of the Goods: Notwithstanding paragraph 5, title in the goods remains with Computer Works until you pay all indebtedness owing to Computer Works. While ownership of the goods remains with Computer Works:a) Computer Works authorises the Client in the ordinary course of the Client’s business to use the goods. The authority is revoked from the earlier of:i) the Client’s failure to comply with these terms.ii) the Client committing an act of bankruptcy, entering into any composition or arrangement with its creditors or (where the Client is a company) a resolution being passed or an application being made for liquidation or a receiver or statutory manager being appointed over any of its assets; or

iii)  Computer Works notifying the Client in writing that this authority is revoked.

b) Computer Works can enter the premises where the goods are stored and remove them. Computer Works may resell any of the goods and apply the proceeds of sale in reduction of the Client’s indebtedness.

 

  1. Consumer Guarantees Act: Where you have acquired the goods from Computer Works for the purposes of a business or have held yourself out as acquiring them for the purposes of a business, you agree that the Consumer Guarantees Act 1993 shall not apply.
  2. Privacy Act 1993: The Client authorises the Computer Works to collect, retain, use, and disclose to any person, personal information about the Client, for the purposes of assessing the Client’s creditworthiness, debt collection, or marketing any Products to Client.
  1. Promotional Descriptions: The product descriptions shown in the Computer Works brochures and newsletters are correct at the time of the publication. However, due to factors beyond Computer Works control, products may be delivered which differ from those shown in the brochures and newsletters.
  2. Goods & Services Tax: Computer Works prices exclude GST. GST is added in at the bottom of each tax invoice and is payable at the same time as the payment for the goods.

 

  1. Returned Goods: The following terms apply whenever the Consumer Guarantees Act 1993 does not apply to this contract, or where the following terms are not inconsistent with the Consumer Guarantees Act 1993:

 

Furniture, non stock and customised products without Computer Works product codes cannot be returned. Other products will be accepted for return and credited, provided that the following conditions are satisfied:

    1. you have phoned Client Services at your local Computer Works branch to arrange the return and provided them with the packing slip or invoice number and other details.
    2. the goods are returned unused, resaleable and/or in the condition you received them.
    3. the goods are returned to Computer Works within fourteen days of the relevant invoice date.

 

Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993, except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.

 

  1. Opening An Account: Computer Works requires two days to process a credit application before goods can be released. You must notify Computer Works of any change in circumstances that may affect the accuracy of information provided by you to Computer Works.

Computer Works, may at any time, require further information from you. Any failure by you to provide such further information may affect Computer Works assessment of your credit worthiness.

 

  1. Intellectual Property: All information prepared by Computer Works including, without limitation, customised pricing, proposals, electronic catalogues, software, details of improvements and cost reductions, software development, initiated, created, or commissioned is the intellectual property of Computer Works and cannot be copied, altered, or distributed without Computer Works prior written consent. Computer Works will not be liable for any alterations made by you.

 

  1. Liability: Computer Works is excluded from any liability which may arise as a result of a client’s use of any Computer Works Services. In no event shall Computer Works be liable (whether in contract, tort, including negligence, or otherwise) for any indirect, incidental, consequential, general, or exemplary damages, any pure economic loss (whether direct or indirect), whether suffered by the Customer or any other person, arising from or related to any act or omission of Computer Works (including pursuant to these Terms).

 

  1. Confidentiality: You shall treat as confidential and not use for the benefit of any third party or disclose to any third party, during or after the termination of your account with Computer Works, any confidential information that is obtained from or provided by Computer Works pursuant to this agreement, or otherwise arising out of Computer Works supply of goods to you including, without limitation, any price prepared by Computer Works.

 

  1. Information: The Client agrees that any information collected by Computer Works about the Client is assessed or collected for the use of Computer Works, or any related company, in the course of its business, including direct marketing activity.

 

  1. Conflict: These are the only terms and conditions that apply to the supply of products to you by Computer Works. No amendment or variation of these terms shall be valid unless agreed to in writing by Computer Works, and no term sought to be imposed by you shall be binding on Computer Works unless Computer Works agrees to such terms in writing. These terms are, however, subject to any:a) Promotional brochures supplied by Computer Works which specify special conditions for specific products. These conditions may include, without limitation, quantity of purchase, delivery periods or the quoting of special codes upon ordering.
    b) Specific terms and conditions issued and signed by Computer Works in respect of specific products.

 

  1. Governing Law: These terms of trade are governed by the laws of New Zealand and Computer Works and the Client submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms of trade.
  2. Force Majeure: Computer Works will not be liable to the Customer for any delay or non-performance of its obligations arising from any cause beyond Computer Work’s control including any act of God, governmental act, war, fire, flood, explosion, civil commotion, strike, lockout or other industrial action (including any such action by sub-contractors of Computer Works) (force majeure event), and the performance of Computer Works obligations, to the extent affected by the force majeure event, will be suspended during the period that the cause persists.

 

  1. General:

(a) If any part, term or provision of these terms and conditions is found to be unenforceable or rendered to be ineffective by virtue of non-registration, illegality or otherwise, then such part, term or provision shall be severed, without the validity and enforceability of the remaining provisions being affected, prejudiced, or impaired.

(b) Client is responsible for complying with the provisions of all statutes and all rules or regulations in force in relation to the Products or their use, including complying with any land covenants applicable to the land or premises together with the obtaining of all necessary permits and/or consents required from any local or regional authority in relation to the Products and their use.

(c) These Terms and the Quote or Work Authorisation (as applicable) constitute the entire understanding and agreement between the parties in respect of the Products and supersede all prior understandings, agreements, representations, and correspondence between the parties.