1.1 " Company" means CVS Computing Ltd
1.2 "Customer" means the person, firm or Company who has agreed to purchase Product on the terms set out herein.
1.3 "Price" means the $NZ GST inclusive price including freight calculated under an order placed on this website.
1.4 These terms and conditions, and to the extent only that they are not impliedly superseded, the General Terms & Conditions of Sale apply to any contractual arrangements between the Company and the Customer with respect to the use of this website.
1.5 If the Customer places an order to buy Product, that order constitutes an offer by the Customer to buy in accordance with these terms and conditions. The Company's acceptance occurs when Product is dispatched to the Customer.
Price and Payment
2.1 Unless alternative arrangements have been made between the Company and the Customer, payment will be made by credit card or direct credit, or financed via Flexirent.
Delivery of the Product
3.1 Delivery of the Product shall be made to the Customer's address by the Company's chosen delivery method. The Customer shall make all arrangements necessary to take delivery of Product whenever they are tendered for delivery, or delivery of Product shall made to the Customer at the Company's address.
3.2 Where there is no agreement that the Company shall send Product to the Customer, delivery to a carrier at limited carrier's risk at the expense of the Customer is deemed to be delivery to the Customer.
3.3 The failure of the Company to deliver shall not end the contract.
3.4 The Company shall not be liable for any loss or damage whatever due to failure by the Company to deliver Product promptly or at all.
Risk
4.1 Risk including insurance responsibility shall pass to the Customer upon dispatch of the product or payment, whichever first occurs.
Shortages, Damages or Loss in Transit
5.1 Liability for shortages in Product delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the Customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the Company to investigate the claim.
5.2 Product dispatched is adequately packed. Claims for damage or loss in transit must be made the carrier in the prescribed manner:
5.2.1. Prior to acknowledging delivery to the carrier the Customer must ensure that the complete consignment as per the carrier's note has been received.
5.2.2. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
5.2.3. Within 7 days of receipt of consignment the Customer must ensure that all goods received are in good order and condition.
5.3 No claims will be considered after 7 days of receipt of Product. While no liability for Product damaged or lost in transit will be accepted by the Company details of any claim should be advised to the Company.
Return of Product for Credit or Refund
6.1 Product supplied in accordance with the Customer's order can only be returned with the express approval of the Company.
6.2 Requests to return Product must be submitted within 7 days from the date of supply and the original invoice number must be quoted.
6.3 Where Product is accepted for credit or refund it must be delivered at the Customer's expense to the Company in original condition and packaging.
Personal Property Securities
7.1 Until full payment has been received in respect of Product supplied the Customer acknowledges and agrees:
7.1.1. These terms and conditions constitute a security agreement for the purpose of section 36 of the Personal Property Securities Act 1999 ("the Act");
7.1.2. A security interest is taken in all Product previously supplied by the Company to the Customer (if any) and Product that will be supplied in the future by the Company to the Customer;
7.1.3. to sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the Company may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register (PPSR);
7.1.4. to indemnify, and upon demand reimburse, the Company for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing Product charged thereby;
7.1.5. not to register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the Company;
7.1.6. to give the Company not less than 14 days prior written notice of any proposed change in the Customer's name and/or any other change in the Customer's details (including but not limited to, changes in Customers address, facsimile number, or business practice);
7.1.7. immediately to advise the Company of any material change in its business practices of selling Product which would result in a change in the nature of proceeds derived from such sales.
7.2 unless otherwise agreed to in writing by the Company, the Customer waives its right to receive a verification statement in accordance with section 148 of the Act
