Terms & Conditions

PCWise Terms & Conditions of Trade

Agreement
• PCWise IT Ltd ("PCWise", "the Company", "we", "us" or "our") agrees to sell and the Customer ("the Customer", "the Purchaser", "you" or "your") agrees to buy the goods ordered through PCWise.

Your Acceptance of These Terms & Conditions
• By using the PCWise Web Site, you are deemed to accept the "Terms and Conditions" of trade. If you are NOT able to agree with any aspect of this policy, please do not use the PCWise Web Site.

Credit Account Application
• If you wish to open a Credit Account, please refer to the "Credit Account" link on this web site or email us to request a "Credit Account Application" form to be emailed to you. Credit Accounts are suitable for NZ Companies and Businesses.
• Email address for "Credit Account Application": info@pcwise.co.nz

Price
• The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
• All prices are exclusive of insurance/freight/handling charges.
• The information provided by this web site is subject to change without notice. While every effort has been made to ensure accuracy, PCWise will not be liable for any inaccuracies in the information contained herein.
• All prices are given in New Zealand Dollars and are shown both inclusive and exclusive of GST.
• Product information and pricing located via external web links may not apply to products available for purchase in New Zealand. Web links are provided for your convenience only.
• 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
• For credit account holders, payment is due strictly by the 20th of the month following the date of invoice. We can alter the terms of payment with effect from the date that we notify you of such change.
• We can impose a credit limit on you at any time and alter it at our discretion with effect from the date that we notify you of such change. If you exceed your credit limit, we can refuse to supply goods to you.
• If we at any time consider your credit worthiness to be unsatisfactory we can require security for payment.
• You cannot withhold payment or make any deductions from any amount you owe us without prior written consent from PCWise.

Finance Available
• Please refer to the "Finance" page on this site for details regarding our Finance Option.

Freight
• Please refer to the "Freight Information" page on this site for details regarding Freight Charges.

Delivery
• Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of the goods to that place. Except where otherwise agreed, you will pay for all resulting transportation costs.
• If no place of delivery is specified, delivery shall take place at the time when the goods are made available for dispatch at our premises or our suppliers premises.
• Where "allow part shipping" is selected, in stock items will be shipped ahead of back order items. Please note that this may incur additional freight charges.
• Any time stated for delivery is an estimate only. No claim shall be made by you on account of late shipment or delivery however caused.
• All freight charges shall be at your cost unless otherwise agreed and stated.

Returns and Cancelled Orders
• Please refer to the "Return Procedure" page on this site for details regarding Returns and Cancelled Orders.

Risk and Ownership
• Risk in the goods shall pass at the time of delivery and the Customer shall insure (and keep insured) the goods.
• Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
• Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
• If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us. Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us. You will be entitled to the balance of the proceeds.
• We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.

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.
- notify consumers that neither we nor any manufacturer undertake that repair facilities or spare parts will be available.
- 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.

Default
• If you do not pay the price by due date, we may charge a default penalty at a rate of 2.5% per month calculated on a daily basis on the unpaid portion of the price from the due date until payment in full, plus any GST.
• You will, on demand, pay to us any amount we incur (including solicitors' and collection agency costs, court costs and disbursements) in recovering payment of any overdue account.
• If an Event of Default occurs, we may suspend or terminate any contract with you.
• If an Event of Default occurs, all amounts you owe us shall immediately become due and payable notwithstanding that the due date has not arisen.
• An "Event of Default" means an event where:
- you fail to comply with the terms of any contract with us; or
- you commit an act of bankruptcy; or
- you enter into any composition or arrangement with your creditors; or
• If you are a company:
- you do anything which would make you liable to be put into liquidation; or
- a resolution is passed or an application is made for liquidation; or
- a receiver or statutory manager is appointed over all or any of your assets.

Cancellation
• We have the right to cancel these Terms and Conditions of Trade (without prejudice to any of its rights) immediately upon any of the events:
- if you cease or threaten to cease to carry on business; or
- 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 - if you commit a breach of these Terms and Conditions of Trade 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.

Use of Information
• You agree that we may obtain information about you from you or any other person (including any credit or debt collection agencies) in the course of our business and you consent to any person providing us with such information.
• You agree that we may give any information we have about you relating to your credit worthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
• You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us.
• If you are an individual, i.e. a natural person, you have rights under the Privacy Act 1993 to access and request the correction of any personal information we hold about you.

Privacy
• Please refer to the "Privacy & Security Policy" page regarding details of our Privacy Policy.

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 PCWise 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 these Terms and Conditions of Trade 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.

Description of Products
• Modifications and improvements to PCWise's products are constantly being made. Also, PCWise relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on PCWise. If the goods do not match the description on the PCWise website, the buyer should inform us immediately so that we may take appropriate action. We recommend you to refer to the manufacturer's web site for full product descriptions.

Pictures and Images
• PCWise aims to include up-to-date images of the goods on this web site. However, our images of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before opening and/or using the goods. We recommend you to refer to the manufacturer's web site for images.

Force Majeure
• PCWise shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.

Errors or Omissions
• PCWise is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the company's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. PCWise will notify they buyer promptly of any error or omission discovered by the company and give the buyer the option of returning the goods for a refund.
• Where products are listed on the PCWise website with an incorrect price or with incorrect information, the company reserves the right to cancel the buyers order (regardless of whether the buyer has made payment for that order). Where the buyer has already made payment for an order that is subsequently cancelled by PCWise, we will refund the amount paid by the buyer in relation to that order.

Indemnity
• You hereby indemnify and will keep PCWise indemnified against all obligations and liabilities incurred by an act or omission by you in relation to this agreement.

Waiver
• If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in exercising that or any other right or remedy. Waiver of any of these Terms and Conditions of Trade must be specified in writing by us and signed by an authorised person.

Governing Law
• These Terms and Conditions shall be governed by the laws of New Zealand. The parties submit irrevocably to the jurisdiction of the New Zealand courts.

Changes to these Terms & Conditions
• PCWise reserves the right to change these Terms and Conditions from time to time by publishing the changed Terms and Conditions on the PCWise website. When revised Terms and Conditions are published on this website, all orders submitted by the buyer after the revised Terms and Conditions are published shall be subject to the revised Terms and Conditions.

Limitations
• Orders can only be made by persons who:
are above 18 years of age;
can make legally binding contracts; and
are located in New Zealand.