PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH ACQUIRE.CO.NZ LTD, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information about This Legal Contract
This Sale Agreement is a legal contract between the Customer and ACQUIRE.CO.NZ. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to ACQUIRE shall relate to ACQUIRE.CO.NZ LTD, and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and ACQUIRE relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by ACQUIRE. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting ACQUIRE at the address provided below.
Terms of Payment
All Customers must pre-pay unless credit has been approved. The maximum credit term will be 7days from invoice/ 20th month following conditionally at the discretion of Acquire. Where credit terms have been agreed payment must be made in full by the invoice due date. Failure to pay in accordance with the clause shall entitle Acquire without prejudice to any other rights to terminate the contract immediately in respect of future purchases and to charge interest at the rate of 2% per month above the Bank of New Zealand base rate on amounts outstanding. Interest shall accrue on a daily basis from the date when payment is due until the date when payment is actually received. The customer shall be liable to pay all expenses and legal cost of Acquire as between solicitor and customer in relation to obtaining remedy of any failure to pay.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by ACQUIRE is ACQUIRE’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
General Legal Disclaimer
ACQUIRE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY ACQUIRE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Errors and Omissions Disclaimer
While ACQUIRE uses reasonable efforts to include accurate and up-to-date information on the Site, ACQUIRE makes no warranties or representations as to the Site's accuracy. ACQUIRE assumes no liability or responsibility for any errors or omissions in the content on the Site.
ACQUIRE offers a 7 day return policy on selected items based on manufacturer return policies. For further information not listed, please contact ACQUIRE.CO.NZ.
ACQUIRE reserves the right to charge a re-stocking fee to a maximum of 20% of the price that a returned product was sold at. This charge is for the purpose of recovering incurred costs due to administration and or to cover any re-stocking fees imposed on acquire by its distribution partners.
Please call us on 09 579 2555 e-mail our Service Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.
All products returned MUST: be 100 per cent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
Customer is responsible for shipping charges on returned items; ACQUIRE.CO.NZ will match your shipping method on your replacement or exchange item(s).
ACQUIRE.CO.NZ strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
Damaged On Arrival
If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for ACQUIRE to file a damage claim. Save the goods AND the original box and packing it arrived in, notify ACQUIRE immediately to arrange for a carrier inspection and a pickup of damaged goods. If you do not notify ACQUIRE of damaged goods within the first 5 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 09 579 2555 or your ACQUIRE account manager to arrange for carrier inspection and a pickup of damaged goods.
DEFECTIVE returns can be returned directly to ACQUIRE within 14 days from the invoice date, at ACQUIRE’s discretion for: credit, replacement, exchange or repair.
Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 14 days, all manufacturers' warranties apply.
NON-DEFECTIVE returns can be accepted directly by ACQUIRE within 7 days from the invoice date, at ACQUIRE’s discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 per cent restocking fee.
Software and DVD Movies
Software and DVD movie return policy Unopened, non-defective software, games, and DVD movies can be returned to ACQUIRE, we will not accept non-defective software, games, or DVDs in any other condition. We will only replace defective software, games and DVDs returned within 14 days of the ship date. Items will be replaced with the same title only and must be returned in the original packaging with all warranty cards, manuals and any other documentation.
Pricing and Information Disclaimer
Prices subject to continued availability from our wholesale partners at or below the advertised price. In the event of non-availability, ACQUIRE reserves the right to cancel the Sale Agreement, in which case any purchase price already paid by the Customer will be refunded
All pricing subject to change. For all prices, products and offers, ACQUIRE reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. ACQUIRE is not responsible for any errors in pricing that have been generated by its suppliers including any errors or omissions in the content of the site. If you are unsure about a price and or the price is not similar to that offered by other companies then please contact us.
Product Descriptions, Stock, and Images
ACQUIRE automatically receives stock levels, imagery and descriptions from distributors and manufacturers, ACQUIRE cannot be held liable for any errors in stock levels, descriptions or incorrect images being displayed. It is also common for monitors to be displayed with computers, and accessories to display their parent item (ie iPod cases may display iPods), ACQUIRE can also not be held accountable in these cases.
PPSA Security Interest
i.The Customer grants to ACQUIRE a Security Interest in the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to ACQUIRE under this contract (together “the Indebtedness”) and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired office equipment, supplies and stationery, of which the goods form part, to the extent required to secure the Indebtedness.
ii.As and when required by ACQUIRE the Customer shall, at its own expense, provide all reasonable assistance and relevant information to enable ACQUIRE to register a Financing Statement or Financing Change Statement and generally to obtain, maintain, register and enforce ACQUIRE Security Interest in respect of the goods supplied, in accordance with the Personal Property Securities Act 1999 (“PPSA”).
iii. The Customer shall not change its name without first notifying ACQUIRE of the new name not less than 7 days before the change takes effect.
iv. The Customer warrants that the goods are not purchased for use primarily for personal, domestic or household purposes.
v.Notwithstanding any reference to a particular invoice/order, where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by ACQUIRE in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where ACQUIRE applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata.
a)Until the Customer has paid all money owing to ACQUIRE the Customer shall at all times ensure that:
b) the goods supplied by ACQUIRE, while in the Customer’s possession, can be readily identified and distinguished; and/or
vi. all Proceeds (in whatever form) that the Customer receives from the sale of any of the goods are readily Identifiable and Traceable.
vii. Where the goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer’s business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the goods in the ordinary course of the Customer’s business. Otherwise, until the Customer has paid all money owing to ACQUIRE, the Customer shall not sell or grant a Security Interest in the goods without ACQUIRE written consent.
viii. The parties agree to contract-out of the PPSA in accordance with Section 107 of the PPSA to the extent that Section 107 applies for the benefit of, and does not impose a burden on, ACQUIRE. The Customer waives its right to receive a Verification Statement in respect of any Financing Statement or Financing Change Statement registered by or on behalf of ACQUIRE in respect of the Security Interest created by these terms and conditions of trade.
ix. For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
i. Where the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption in accordance with the Consumer Guarantees Act 1993 and the Consumer Guarantees Act 1993 applies to this contract:
a)if any of the goods fail to comply with any guarantee in the Consumer Guarantees Act, ACQUIRE will repair or replace those goods;
b) without excluding ACQUIRE’s obligations under the Consumer Guarantees Act 1993, the Customer acknowledges that ACQUIRE does not provide any Express Guarantees (as defined in that Act) other than those expressly confirmed by ACQUIRE in writing;
c)if the goods are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply;
d) if the Customer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the Customer’s contract that the Consumer Guarantees Act 1993 does not apply in respect of the goods; and
e) if the Customer supplies the goods to any person, the Customer must not give or make any undertaking assertion or representation in relation to the goods without ACQUIRE’s prior approval in writing, and the Customer must give the person buying the goods such product information relating to the goods as ACQUIRE requires, and the Customer agrees to indemnify ACQUIRE against any liability or cost incurred by ACQUIRE under the Consumer Guarantees Act 1993 as a result of any breach by the Customer of these obligations.
ii.The following terms apply wherever 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:
a)Defective goods or goods which do not comply with the contract may at ACQUIRE‘s discretion be repaired or replaced, or the price refunded.
b) Any right which the Customer may have to reject non-conforming or defective goods will only be effective if:
i) the Customer notifies ACQUIRE in writing within fourteen days following delivery and ACQUIRE is given the opportunity to inspect the goods; and
ii) the goods are returned unused, re-saleable and/or in the condition the Customer received them.
c)ACQUIRE will not repair or replace, or refund the price of any goods for so long as the Customer is in default in relation to any amount owing.
d) ACQUIRE accepts no liability for any claim by the Customer or any other person, including without limitation any claim relating to or arising from:
i) Any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise; or
ii) Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by ACQUIRE in writing; or
iii) Any services forming part of the supply of the goods which have been performed by any third party; and the Customer agrees to indemnify ACQUIRE against any such claim.
e) In any event, ACQUIRE liability under any claim shall not exceed the price of the goods.
iii. 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.
Customer’s Liability and Default
If the Customer shall:
a) fail to make any payment due under the contract or commit any other breach of any of the Customer’s obligations under the contract; or
b) suffer execution under any judgment; or
c) commit an act of bankruptcy; or
d) make any composition or arrangement with any creditor; or
e) being a company, pass a resolution for winding up or have a receiver appointed over any of its property or have a winding up petition presented against it, ACQUIRE (in addition to any other remedies hereby or by statute conferred) may treat the contract as terminated and any part of the purchase price then unpaid, together with any other monies owing hereunder, whether or not due under the terms of the contract shall forthwith become due and payable.
Any such termination shall be without prejudice to any claim or right ACQUIRE may otherwise possess.
Variations to Terms and Conditions of Trade
ACQUIRE may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer PROVIDED THAT ACQUIRE shall not make any variation to the nature or extent of the Security Interest granted by the Customer in the PPSA clause without the written agreement of the Customer.
ACQUIRE may notify the Customer by delivering to the Customer an invoice with a notice of amendment and receipt of the invoice by the Customer will be deemed to be acceptance by the Customer of the terms and conditions of trade.
i.These terms of trade are governed by the laws of New Zealand.
ii.ACQUIRE and the Customer shall submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these terms and conditions of trade.