Terms and Conditions
1. DEFINITIONS
1) ‘Goods’ means Goods supplied by the Seller to the Client;
2) ‘Services’ mean all Services supplied by the Seller to the Client and includes any advice;
3) ‘Price’ means the cost of the Goods as agreed between the Seller and the Client subject to Clause 3 ;
4) ‘Client’ means the person to whom a quotation is provided, or to whom Goods are supplied;
5) ‘Quotation’ means a quotation for the supply of Goods by the Seller to the Client;
6) ‘Seller’ means Smart Tech House NZ;
7) ‘Terms’ means these Standard Terms and Conditions of Supply.
2. HOW TO PLACE ORDER
1) Submit your order via our site at www.smarttechhouse.co.nz
2) Please have an order form or the website available when calling so that you can reference item numbers.
3) We can provide an order form to you via our website or email.
3. PRICE
All prices are listed in NZ dollars and subject to these Terms, the Price should be:
1) the price set out in a Quotation where the Quotation has been validly accepted prior to expiry; or
2) in any other case, as set out in the Seller’s Website (unless any discount agreed in writing)
The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
Interest will be charged at a rate of 2% per month calculated daily on the overdue portion of any account not paid for by the end of the month following the invoice date.
4. PAYMENT
Time for payment for the Goods would be important. Payment is due 20th of the month following the date in which the invoice is issued by the Seller to the Client.
Smart Tech House accepts cash, or cheque, or credit card(surcharges apply) or any other method as agreed to between the Client and the Seller.
5. RETURNS
Returns must be made in writing directly to our Director within 7 days of delivery date quoting invoice number and reasons. No returns are acceptable without the Seller’s prior approval and delivery instructions for transport. Shipping will be charged.
Please email us at info@smarttechhouse.co.nz with details of the product prior to returning it.
6. CANCELLATION
1) The Seller may cancel these terms and conditions or cancel delivery of Goods and Services at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Client any sums paid in respect of the Price for those Goods. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.
2) An order accepted by the Seller should not be canceled by the Client without the written consent of the Seller. If the Seller does so consent, the Client should pay to the Seller all reasonable costs incurred by the Seller in relation to the supply of the Goods, up to the date the Client canceled the order.
7. DELIVERY
1) Delivery should be made to the Client’s address. The Client should be responsible to arrange and pay freight from the Seller’s address to the Client’s.
2) Risk of Goods should be the Client’s once dispatched from the Seller’s premises.
3) Delivery and despatch dates are estimates only. Subject to Goods being in stock, the Seller will use all reasonable endeavors to deliver the Goods: at the time requested by, or agreed with, the Client; or if no delivery time is requested by or agreed with the Client, within a reasonable period from the date of the order for the Goods.
4) The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5) The Seller should not be liable for any loss or damage due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
8. PERSONAL PROPERTY SECURITIES ACT 1999
Upon assenting to these terms and conditions the Client acknowledges and agrees :
1) these terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999 (“PPSA”);
2) to cooperate by all means with the Seller to ensure that reaches to a perfected security interest in the Goods under the “PPSA”;
The Client waives its right to receive a verification statement in accordance with the PPSA if the Client does any of the following things:
1) fails to make payment in full as required by these Terms;
2) fails to comply with any of these Terms;
3) commits an act of bankruptcy or makes an arrangement with all or any number of its creditors, or has a receiver or liquidator appointed;
9. WARRANTY AND LIABILITY
1) The Warranty shall be the current warranty provided by the manufacturer of the product. The Seller shall be under no liability whatsoever except for the express conditions as detailed and stipulated in the manufacturer’s warranty.
2) The Seller is not liable to repair any defective Goods, and notify the manufacturer of the Goods of any defect notified by the Client; and request the manufacturer to repair or replace the defective Goods.
3) The Seller shall not be liable for any loss sustained by the Client through delay in delivering the Goods caused by circumstances outside of the reasonable control of the Seller.
10. DEFAULT
It is a Default if the Client:
1) fails to pay any amount (including the Price) to the Seller when due for payment; or
2) breaches any of these Terms & Conditions; or
If a Default occurs the Seller may, to the extent permitted by law:
1) suspend any further supply or deliveries of any Goods;
2) cancel any Credit Facility (and require that all further sales be on a cash on or before delivery basis);
3) declare all amounts owing by the Client to the Customer on any account immediately due and payable;
4) treat these terms as repudiated by the Client;
5) exercise any other rights, including to enforce any security interest and to claim the return of any Goods to which it has title, and recover all debt collection and legal expenses incurred by Seller on a client/solicitor basis in connection with the enforcement or attempted enforcement of these Terms & Conditions.
11. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. The Courts of New Zealand have exclusive jurisdiction to hear and determine any matter, which may arise out of or in connection with these Terms and Conditions.