1. INCORPORATION OF TERMS.
The following Terms and Conditions shall be deemed incorporated in and shall form part of all contracts involving goods supplied by Electronic Warehouse Ltd
2. PRICING POLICY
(a) Unless otherwise stated all prices are quoted in NZ Dollars and includes Goods & Services Tax (GST) and insurance, freight, handling charges are in addition to the quoted prices. Electronic Warehouse reserves the right to revise its prices at any time prior to accepting an order. Receipt of an order by Electronic Warehouse from the Customer does not constitute acceptance by Electronic Warehouse.
(b) The prices quoted may be revised by Electronic Warehouse subsequent to accepting an order in the event of any occurrence affecting delivery caused by War, Government action, variation in Customs duties, increased shipping charges, and any other matter beyond the control of Electronic Warehouse. In that event the Customer shall have the right to withdraw its order.
3. PAYMENT
(a) Unless otherwise agreed in writing by Electronic Warehouse payment is to be made prior to delivery of any order.
(b) Credit accounts will be required to remit payment on or before the due date mentioned in the Tax Invoice or Credit Account Approval Form.
(c) All overdue accounts shall bear interest at the rate of 2.5% per month chargeable on a daily basis from the due date for payment until the time of actual payment but without prejudice to Electronic Warehouse's other rights and remedies in respect of the Customers default in failing to make full payment on the due date.
(d) The Customer will upon demand pay to Electronic Warehouse all moneys (including but not limited to solicitors costs, Court costs and disbursements) incurred or expended by Electronic Warehouse in recovering payment of any overdue account.
(e) If Electronic Warehouse shall at any time deem the credit of the Customer to be unsatisfactory, it may require security for payment and may suspend performance of its obligations under any contract until the provision of sufficient security. All costs and expenses incurred by Electronic Warehouse as a result of such suspension and any recommencement shall be payable by the Customer upon demand.
(f) The Customer shall not be entitled to withhold payment or to make any deductions from the contract price without the prior written consent of Electronic Warehouse.
(g) Receipt of cheque, bill of exchange, or other negotiable instrument by Electronic Warehouse shall not constitute payment and the Customer shall remain liable for the full contract price until such cheque, bill of exchange, or negotiable instrument is paid in full. Until such indebtedness has been discharged the buyer shall store the goods in such a way that they can readily be identified as the property of Electronic Warehouse.
4. ACCEPTANCE
On purchase of any goods from us a Tax Invoice is issued which details your order as we have received it. In case you find any discrepancies please notify us in writing within seven (7) days. Your order is accepted subject to the prices in effect at the time of shipment and to the conditions thereof.
5. DELIVERY, CANCELLATION, GOODS RETURN FOR CREDIT, and RESTOCKING FEE.
(a) Delivery shall be made at the place indicated in the contract or if no place is indicated delivery shall he made at Electronic Warehouses premises where the goods are to be forwarded to the Customer directly there from Electronic Warehouse will take all reasonable steps to make delivery at the time requested by the Customer but shall not be responsible for any loss whatsoever sustained by the Customer for delay in delivery.
(b) Electronic Warehouse reserves the right to deliver the goods by installments and each installment shall be deemed to be a separate contract under the same provisions as the main contract. Should Electronic Warehouse fail to deliver or make effective delivery of one or more installments this shall not entitle the Customer to repudiate the main contract.
(c) Delivery of 10% more or less in the quantity of the goods ordered by the Customer shall constitute performance of any contract, the amount under or over supplied to be deducted or charged for pro-rata.
(d) In the event that the Customer cancels any orders subsequent to dispatch by Electronic Warehouse to the Customer (regardless of whether or not said order has been delivered to the Customer), Electronic Warehouse will credit the Customer for the order value less the restock fee on return in saleable condition of the items ordered provided such return is within 7 days of dispatch. Freight charges will not be credited.
(e) Unless agreed in writing by the issuance of a Goods Return Authority from Electronic Warehouse no goods will be accepted for credit after dispatch. lf Electronic Warehouse agrees to accept the goods for credit, then Electronic Warehouse will credit the Customer the invoice value less the restock fee, less freight charges, on return in saleable condition of the items ordered. No goods will be accepted for credit if the goods are found to be tampered with or damaged or seals are broken. Freight charges will not be credited
(f) Restock fee all goods ordered in error by the Customer or goods the Customer wishes to return are subject to a restock fee. The fee is 15% of the purchasing value.
(g) Payment Method. All such payments (credit) will be made by Electronic Warehouse to the customer by an Account-payee cheque (NO CASH CHEQUE), even if the customer had paid cash while purchasing the said goods.
6. RETURN OF MERCHANDISE POLICY (RMA)
In order to ensure satisfaction with your purchase, we request the following:
1. IF DAMAGED IN SHIPPING: If your package arrives damaged during shipping, please refuse the package or return to the proper shipping carrier location within 24 hours marked “refused due to shipping damage.” Then call us or email us so we can file a claim with the carrier and send you a new item right away. Failure to do so will result in loss of refund or replacement by the carrier.
2. KEEP PACKAGING: Save boxes, packaging material, and paperwork – don’t throw anything way. They are required for any warrantee issues.
3. READ INSTRUCTIONS: Read the instructions carefully and completely. Many of the items we sell can be damaged the first time if used improperly. Improper use will void your warrantee.
4. START SLOWLY: Take your time to get familiar with the items, and start slowly, to prevent accidental damage.
(a) A defective item is an item that arrives undamaged in shipping, but unable to function properly. The item must not have any visible damage and must clearly be from manufacturing issues. Please note, attempting to return merchandise you have damaged is mail fraud and you may be subject to prosecution.
(b) Please note that you must return all packaging, manuals, and items included in the original product box, along with your packing slip and a detailed explanation of the defect within 30 days of receipt.
(c) All returns must include a Return Merchandise Authorization Number (RMA#). Please contact us for your RMA number if your return fits the proper criteria. Items returned without RMA numbers will be rejected. If you place an order and then cancel it after it has been processed, you will be assessed an eight percent cancellation charge. If the order has been shipped and is then cancelled while in transit or if the order is unclaimed/refused, you will be charged a twenty five percent restocking fee.
(d) Items returned to us without an RMA# will be refused. Items returned to us with an RMA# must be received within 30 days of the RMA issuance, and will be refunded appropriately within 10 business days. Please allow up to two billing cycles for your refund to appear on your credit card statement. Attempting to do a credit card chargeback for returns not in compliance with our policies will incur an administration fee of $50 per chargeback. We are not responsible for shipping charges or return shipping charges on defective or returned items unless you are missing an item from your order. Returned free shipping items and refused items will be charged an appropriate shipping cost. If we warrantee the item directly then we will pay the shipping charges to send you the repaired or replacement item. All returns are subject to twenty five percent restocking fee. Non-Clearance items may be exchanged only if defective within 14 days of your product's shipping date. If defective, Electronic Warehouse will exchange the item free of charge. Electronic Warehouse will not pay for the shipping charges that are returned by customer. Clearance items cannot be returned.
(e) All returned merchandise must have a tracking number to prove that you have shipped it to us. Please email us with your tracking number. We are not responsible for lost items during shipment.
(f) Items returned must be in original packaging, in as-new condition with the packing slip, all warranty cards, manuals and accessories. If an item is ordered and the color is out of stock, the most popular color in stock will be chosen for you. If you prefer another color as your second choice please let us know when you order and we will supply it, if it is in stock.
(g) Customer is responsible for shipping charges on returned items. Trend Times does not refund for shipping and handling charges.
(h) Electronic Warehouse reserves the right to return the merchandise to its customer and not refund money, if Electronic Warehouse in its opinion deems that the merchandise has been severely damaged, crashed, abused, misuse, modify in any form, and has water, dust, or contaminant damage.
(i) Electronic Warehouse is not responsible for shipping damage so make sure you insure your return package.
(j) Please allow approximately 10 business days for your return to be processed once it has arrived at the warehouse.
(k) If you request a replacement, we will ship your replacement after we receive and process your returned product.
7. RISK AND TITLE
(a) The risk in goods supplied by Electronic Warehouse to the Customer shall pass to the Customer at the point of delivery Property (ownership) in the goods shall not pass to the Customer until the contract price for the goods and all other monies payable to Electronic Warehouse by the Customer (whether under the contract or otherwise) have been paid in full.
(b) Notwithstanding that property in the goods is retained by Electronic Warehouse the Customer is hereby authorised to sell the goods in the ordinary course of its business provided that such authority may be revoked by written notice from Electronic Warehouse at any time if Electronic Warehouse deems the credit of the Customer to be unsatisfactory or if the Customer is in default in the performance of its obligations under the contractor any other contract between Electronic Warehouse and the Customer and shall be deemed automatically revoked if the Customer shall commit any act of bankruptcy enter into any composition or arrangement with its creditors ,or, (in the case of a Company) do any act which would render it liable to be wound up or if a resolution is passed for the winding up of the Customer or if winding up proceedings should be commenced against the Customer or a receiver is appointed in respect of all or any assets of the Customer.
(c) For so long as property in the goods is retained by Electronic Warehouse, the Customer will store separately those goods in respect of which property is retained by Electronic Warehouse and clearly identify such goods as the property of Electronic Warehouse. In case the customer is a reseller then The Customer will note and advise Electronic Warehouse upon request of details of the name and address of purchasers of the goods or any part of the goods and all serial or other identifying numbers and description of goods sold.
8. SELLERS LIABILITY AND NOTICE OF DAMAGE
Claims on incorrect delivery, quality, loss of, and damages to any materials must be made within five days after receipt of the goods or after the due delivery date in the event of a non delivery. All claims after that period will not be accepted. Materials shall not be returned to Electronic Warehouse without advance permission. Customer must contact Electronic Warehouse and get an RMA# (Return Merchandise Authorization Number), before the goods are sent for warranty repair. This RMA#, should be written on the Top of the Box in which the product is sent. If goods are sent without the RMA#, then Electronic Warehouse is not responsible for its loss, damage or delays. Any returns are subject to a restocking fee. Electronic Warehouse shall not be liable for any special indirect or consequential damages whether or not caused by its negligence. Electronic Warehouses liability for damages shall in no case exceed the purchase price of the material deemed to be defective or to have caused damages.
9. CONSUMERS GUARANTEES ACT
Your warranty is in addition to your rights under the Consumer Guarantees Act 1993. However, where you are purchasing for the purposes of a business, you agree that the terms of the Consumer Guarantees Act 1993 shall not apply. All warranties and conditions implied under any other statutes (including the Sale of Goods Act (1908) are expressly excluded from your warranty.
10. MISCELLANEOUS
This Agreement will be governed by the laws of New Zealand, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Auckland, New Zealand, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
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