| Terms & Conditions of Sale |
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CONDITIONS OF SALE
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 the Super Cheap computers,henceforth will be called SCC.
2. PRICING POLICY
(a)Unless otherwise stated all prices are quoted in NZ Dollars and are exclusive of Goods & Services Tax (GST) and insurance,freight,handling charges. The Customer shall pay Goods and Services Tax (@12.5%) and insurance,freight,handling charges in addition to the quoted prices. The SCC reserves the right to revise its prices at any time prior to accepting an order. Receipt of an order by the SCC from the Customer does not constitute acceptance by the SCC.
(b)The prices quoted may be revised by the SCC 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, pricing errors on the website and any other matter beyond the control of the SCC. In that event the Customer shall have the right to withdraw its order. 3. PAYMENT
(a) Unless otherwise agreed in writing by the SCC payment is to be made in cash 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 the SCCs 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 the SCC all moneys (including but not limited to solicitors costs, Court costs and disbursements) incurred or expended by the SCC in recovering payment of any overdue account.
(e)If the SCC 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 the SCC 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 the SCC.
(g)Receipt of cheque, bill of exchange, or other negotiable instrument by the SCC 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 SCC.
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 the SCCs premises where the goods are to be forwarded to the Customer directly therefrom.The SCC 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)We will send the ordered products at the address mentioned by the customer at the time of placing the order. If a wrong address or an insufficient address is mentioned, or a change in the address is requested after the products are sent from our warehouse, then its customers' responsibility to get the product from the address mentioned at the time of order placement. SCC will try to alert and request the courier company to redirect it to the new address and if they are unable to do it, then the customer is liable for the loss of the package.
(c)The SCC reserves the right to deliver the goods by instalments and each instalment shall be deemed to be a separate contract under the same provisions as the main contract. Should the SCC fail to deliver or make effective delivery of one or more installments this shall not entitle the Customer to repudiate the main contract.
(d)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.
(e)In the event that the Customer cancels any orders subsequent to despatch by the SCC to the Customer (regardless of whether or not said order has been delivered to the Customer), the SCC 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 despatch. Freight charges will not be credited.
(f)Unless agreed in writing by the issuance of a Goods Return Authority from the SCC no goods will be accepted for credit after despatch. lf the SCC agrees to accept the goods for credit,then SCC 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 disk seals are broken. Freight charges will not be credited
(g) 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 $ 75 or 15% of the goods sales value, whichever is greater.
Please note that according to the Ministry of Consumer Affairs, we do not have to give you refund if you change your mind or just did not like it or did not suit you, so please choose carefully.You must refer to the product manual or information available on the internet and do your research and order what suits your requirement.
If the goods are faulty we will meet our obligations under the Consumers Guarantees Act to provide a remedy.
(h) Payment Method All such payments ( credit) will be made by SCC to the customer by a direct bank deposit only ( NO CASH CHEQUE ), even if the customer had payed cash while purchasing the said goods. It takes a minimum of 7 business days to process such request, after we receive correct bank a/c details and all other documents ( Ex: : technical report ) (i) Any refund upto $ 5 would not be done due to the administrative costs. Instead customer can get store credit for the amount 6. RISK AND TITLE
(i) The risk in goods supplied by the SCC to the Customer shall pass to the Customer at the point of delivery from our warehouse/shop. Property (ownership) in the goods shall not pass to the Customer until the contract price for the goods and all other monies payable to the SCC by the Customer (whether under the contract or otherwise) have been paid in full.
(ii)Notwithstanding that property in the goods is retained by the SCC 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 the SCC at any time if the SCC 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 the SCC 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.
(iii)For so long as property in the goods is retained by the SCC, the Customer will store separately those goods in respect of which property is retained by the SCC and clearly identify such goods as the property of the SCC.In case the customer is a reseller then The Customer will note and advise the SCC 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.
7. PRODUCT WARRANTY
The Tax invoice or prooof of purchase must be produced by the customer. All warrnties are on the RTB basis (return-to-base). It means customer has to send and pickup the faulty product.
The PC/Computer Warranty will cover all parts and labor for ONE year on a RTB basis. The warranty is only for Hardware and not Software or configuration.
Any computer part sold by us also comes with RTB warranty. Usually between 12 - 3 months. We recommend it to be installed by a professional. The warranty is only for Hardware and not for installation or configuration.
If a product is not working then the customer is required to call our support dept. on the phone or using the " Live support" frm our website. Customer is required to take an RMA no. online before sending the part for repair during the warranty period.*Products said to be defective by the customer, during warranty period, MUST be tested by our RMA Dept. It takes Min 5 business days.Customer would be responsible for returning the PC system, or the defective part properly packaged, to the manufacturer or our RMA dept (depending on the product) for repair or replacement, at our discretion.
If it is not properly packaged then customer is responsible for any damage it might cause to the product.
The repair work would be accomplished in a timely manner (Min 5 business days) and subject to the availability of the parts (repair or replacement) and the repaired item(s) would be picked up by the customer or its courier. Sometimes a repair may take longer than the usual time due to circumstances beyond our control.
SCC shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
If the problem found is user induced then it is not covered under warranty. Ex : Virus, Trojans shareware/demo software or deletion of system files generating system errors or crashes.
In case there is no fault or if the fault is user induced then there will be a fee of $ 45 + GST charged before the system is returned.
If any of the parts supplied by us is defective then we will fulfil our responsibility during the warranty period. But if you are unable to install or configure it properly or if it is incompatible with other components, then it is not covered under warranty and there will be a fee of $45 + GST.
Materials shall not be returned to SCC without advance permission. Customer must sign-into their account on ur wesbite and get an RA ( Returns Authorisation ) No., before the goods are sent for warranty repair. This RA No. should be written on the top of the box in which the product is sent. If goods are sent without the RA no, then SCC is not responsible for its loss, damage or delays.
In the rare event when a product can not be repaired or replaced, We will credit back the residual value of the product. (Residual value is calculated by dividing the remaining warranty period by the total warranty period. This multiplied by the original product value. Ex: A product bought for $100 with 12 months warranty. The residual value in the 10th month (warranty remained = 2 months) would be 100x2/12= $16.67.
8. SELLERS LIABILITY AND NOTICE OF DAMAGE
Claims on incorrect delivery, quality, loss of, and damages to any materials must be made within 72 hours 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 SCC without advance permission. Customer must contact SCC and get an RA ( Returns Authorisation ) No., before the goods are sent for warranty repair. This RA No. should be written on the Top of the Box in which the product is sent. If goods are sent without the RA no, then SCC is not responsible for its loss, damage or delays. Any returns are subject to a restocking fee. SCC shall not be liable for any special indirect, or consequential damages whether or not caused by its negligence. SCCs 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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