terms and conditions

Smart PC Hamilton Limited

Delivery Time Frames

Delivery can be expected within three to five working days from confirmation of order.

Export Conditions

All sales finalised on the website is for sole use within New Zealand and SmartPC will not be liable for any warranty or other liabilities should the purchaser choose to export the purchased product

Prices and Terms

The goods shall be purchased or quoted on these Terms and Conditions and at prices prevailing at the time the goods are dispatched. All prices quoted are in New Zealand Dollars and include GST. These terms and conditions shall prevail unless varied in writing prior to dispatch of products.

Terms of Payment

  1. Payment of goods purchased shall be either by cash or credit card at the time goods are ordered.
  2. Charge to the account or any payment either than by cash or credit card will require prior approval before the goods are dispatched
  3. SmartPC reserves the right to suspend delivery of goods or refuse further credit facility if account payments are not received on due date
  4. The customer will pay all collection and legal costs actually incurred by SmartPC (including actual solicitor/client costs) that are related to the collection or recovery of any unpaid account.

Security

Your payment is processed through eWAY's Payment Gateway. eWAY secures all your customer and credit-card data with military-grade software & servers and the highest level of encryption available. Smart PC Hamilton Limited will not store or transfer any of your credit card information. All data is transferred using eWAY's secure servers.

After placing an order your credit card details will be processed through the secure online payment gateway. On the successful completion of your transaction you will be presented with your receipt.

Interest

Payments not made on due date may, at SmartPC’s sole discretion, attract interest from the date of the invoice at the rate of 2% per month until paid.

Credit Limit

SmartPC may cancel orders in respect of any undelivered goods or may withhold delivery of future orders if the customer's account exceeds the credit terms set by SmartPC.

Non-Receipt or Damage

All goods must be checked on receipt as to quantity and / or damage. Non-receipt or damage must be reported by the customer to both the Carrier and SmartPC within 3 days from the date of delivery, otherwise the claim may be rejected by SmartPC. SmartPC will replace goods covered by approved claims.

Returned Goods

No goods shall be returned for credit without SmartPC’s prior written approval.

Claims

All claims regarding goods supplied or allegations regarding goods not having been supplied as per invoice / packing slip shall be made within 3 days of delivery of the goods and, in the absence of any claim, the Customer shall be deemed to have accepted the terms of the invoice as correct and accept that the goods specified are as delivered.

Claims Return Policy

  • Goods supplied in error are returnable for replacement or credit, providing the error is notified to SmartPC in writing within 3 days of delivery.
  • No claim will be recognized unless the returned goods are in saleable, undamaged and clean condition, and in the original packaging, complete with detachable accessories and instruction manuals.
  • SmartPC may at its sole discretion accept the return of goods surplus to the requirements of the Customer in which event the credit may not exceed 75% of the original amount charged for those goods.

Risk and Delivery

Risk passes to the Customer on delivery of the goods. Delivery shall be deemed complete when SmartPC gives possession of the goods directly to the Customer, or possession of the goods is given to a carrier, courier, or other bailer for the purposes of transmission to the customer.

Warranty

(1) Except as provided in the Consumer Guarantees Act 1993 and by the manufacturer's written warranty (if any) SmartPC makes no representation, condition, warranty or promise, express or implied, in respect of goods supplied to the customer.

(2) Except as provided in the Consumer Guarantees Act 1993, SmartPC shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of a breach of any of SmartPC’s obligations regarding the supply of goods or any negligence on the part of the company, its service agents or contractors, nor shall SmartPC be liable for any loss damage or injury caused to the customers servants, agents, contractors, customers or other persons. The customer will indemnify SmartPC against any claim by such persons.

(3) The liability of SmartPC arising from a breach of any of SmartPC’s obligations regarding the supply of goods, or from any negligence on the company's part, its servants, agents or contractors (but not from any liability under the consumer Guarantees Act 1993), will be limited to damages which will not exceed the price of the goods supplied.

(4) Where the customer purchases goods for a particular purpose, it is the customer's sole responsibility to ensure the goods will be suitable for the customer’s purpose, and SmartPC shall have no liability whatsoever in the event that the goods are not fit for the customer's purpose, notwithstanding any statements made to the customer by SmartPC or its officers or employees.

Ownership

(1) Ownership reserved: It is expressly agreed that ownership is reserved and legal and equitable title to and property in all goods supplied by SmartPC is and remains vested in SmartPC until payment in full has been received by SmartPC.

(2) Recovery of Goods: SmartPC may at any time before sale of any goods by the customer recover and take repossession of such goods and otherwise exercise in relation to those goods any of its rights where those rights are also covered by common law, contract, statue or in any other way.

Personal Property Securities Act 1999 ('PPSA')

  1. The Customer grants to SmartPC a purchase money security interest in all present and after-acquired goods, supplied by SmartPC to the Customer described in any:
    •  Quotation from SmartPC to the Customer;
    •  Contract between SmartPC and Customer including without limitation, documentation (electronic or otherwise) supplementary to that contract and incorporated into that contract by reference or otherwise;
    •  Purchase order or any other order for goods from the Customer;
    •  Dispatch order, invoice, statement or remittance advice from SmartPC to the Customer. 
  2. At the request of SmartPC, and until all and any amounts due to the Customer have been paid in full, the Customer will promptly execute any documents and do anything else required by SmartPC to ensure that any security interest created constitutes a perfected security interest over all goods supplied by SmartPC. This obligation extends to providing the information required by SmartPC to complete and register a financing statement or financing change statement.
  3. The Customer will not, without the prior written consent of SmartPC, agree to allow any person (including the Customer) to file a financing statement over any goods supplied by SmartPC while the Customer is liable to SmartPC for any debt.
  4. The Customer will notify SmartPC immediately if the Customer becomes aware of any person taking any steps to file a financing change statement against any goods supplied to the Customer by SmartPC.
  5. The terms 'security interest', 'purchase money security interest', 'perfected security interest', 'personal property', 'financing statement' and 'financing change statement', referred to in the above clauses have the meanings given by the PPSA.

Privacy Act

  1. The customer authorizes SmartPC Ltd
    • To collect and retain and use personal information about the Customer (the information contained in this document) for the following:
      1. Assessing the Customer's credit worthiness
      2. Administering the financing, whether directly or indirectly of the Customer contracts(s) and enforcing SmartPC's rights hereunder.
      3. Marketing goods and services provided by SmartPC
    • To provide the information
      1. To any person for the foregoing purposes
      2. To employees and agents of SmartPC and any other person, in the ordinary course of business, for any foregoing purposes
      3. To credit agencies for the purpose of maintaining effective credit records.
  2. The customer acknowledges:
    • That the information is held by SmartPC at the address specified in this document, notwithstanding that it may also be held elsewhere by SmartPC and other persons for the purposes described above.
    • That where information can be readily retrieved the Customer shall have access to it, the right to request correction and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge.
    • That the aforesaid authorizations are irrevocable.

Personal Guarantee of Company Directors or Trustees

If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration of SmartPC agreeing to supply goods and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to SmartPC the payment of any and all monies now or hereafter owed by the Customer to SmartPC and indemnify SmartPC against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due here under.

Validity

If a term or condition herein is held by a Court to be unenforceable then such term or condition shall be severed from all other terms and conditions without affecting the enforceability of those terms and conditions.

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