Terms & Conditions
All prices quoted are in NZD, exclusive of GST and freight and are subject to availability and the following terms and conditions of sale.
1. DEFINITIONS
1.1 “Computaleta Services” shall mean Computaleta Services (1988) 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 Computaleta Services.
1.3 “Goods” shall mean all goods, chattels, or services, provided by Computaleta Services to the customer, and shall include without limitation all design services, trade vinyl, film and associated machinery, fixtures and fittings, all charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods by Computaleta Services to the customer.
1.4 “Price” shall mean the cost of the goods as agreed between Computaleta Services and the customer subject to clause 4 of this contract.
2. ACCEPTANCE
2.1 Any instructions received by Computaleta Services 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 Computaleta Services 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 Computaleta Services to any other party.
3.2 The customer authorises Computaleta Services 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. PRICE
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 Computaleta Services 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 Computaleta Services between the date of the contract and delivery of the goods.
5. PAYMENT
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 Computaleta Services in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6. QUOTATION
6.1 Where a quotation is given by Computaleta Services for goods:
6.1.1 The quotation shall be valid for thirty (30) 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. RISK
7.1 The goods remain at Computaleta Service’s risk until the delivery to the customer.
7.2 Delivery of goods shall be deemed complete when Computaleta Services 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 Computaleta Services making time of the essence.
7.4 Where Computaleta Services delivers goods to the customer by instalments and Computaleta Services 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. AGENCY
8.1 The customer authorises Computaleta Services to contract either as principal or agent for the provision of goods that are the matter of this contract.
8.2 Where Computaleta Services 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. RETURN OF GOODS
9.1 All returns on cut graphics will incur a 15% restocking fee.
9.2 The customer shall be deemed to have accepted the goods unless the customer notifies Computaleta Services otherwise within 14 days of delivery of the goods to the customer.
9.3 If the goods are not accepted according to clause 9.2 of this contract the customer shall pay for the delivery of the returned goods to Computaleta Services whereby the customer shall be entitled to a credit for the purchase price of any such goods if they are returned unused.
10. LIABILITY
10.1 Except as otherwise provided by statute Computaleta Services shall not be liable for:
10.1.1 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 Computaleta Services to the customer and without limiting the generality of the foregoing of this clause Computaleta Services shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and
10.1.2 Except as provided in this contract Computaleta Services 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 Computaleta Services to the customer; and
10.1.3 The customer shall indemnify Computaleta Services 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 Computaleta Services or otherwise, brought by any person in connection with any matter, act, omission, or error by Computaleta Services its agents or employees in connection with the goods.
11. CONSUMER GUARANTEES ACT
11.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods or services from Computaleta Services for the purposes of a business in terms of section 2 and 43 of that Act.
12. WARRANTY
12.1 No representation, condition, warranty or premise 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 expressly provided to the customer at the time of sale HOWEVER no warranty shall exceed that given by the manufacturer.
12.2 Computaleta Services 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.
12.3 Notwithstanding the above we will pass on any third party warranties such as those of manufacturers.
13. CANCELLATION
13.1 Computaleta Services 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.
13.2 Any cancellation or suspension under clause 15.1 of this agreement shall not affect Computaleta Service’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 Computaleta Services under this contract.
14. MIISCELLANEOUS
14.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of Computaleta Services.
14.2 Computaleta Services shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
14.3 Failure by Computaleta Services 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 Computaleta Services has under this contract.
14.4 The law of New Zealand shall apply to this contract except to the extent expressly negative or varied by this contract.
14.5 Where the terms of this contract are at variance with the order or instruction from the customer, this contract shall prevail.
14.6 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
