Terms & Conditions
1. SCOPE & APPLICATION 1.1 These conditions apply to all purchases(including, without limitation, hardware and/or software) (“products”) or services (“services”) which are sold through this website (“site”) by: (a) us, the Supplier, NCP Trading. Ltd (references to “us”, “we” or “our” being construed accordingly) to (b) you, the purchaser (references to “you” or “your” being construed accordingly).
2. DELIVERY AND RISK 2.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, acceptance or elsewhere are estimates only. While we endeavour to meet such timescales or dates, we do not undertake to dispatch Products and/or commence Services by a particular date or dates and shall not be liable to you in respect of delays or failure to do so. 2.2 Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address”). You must check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order. 2.3 If you refuse or fail to take delivery of Products provided in accordance with these Conditions, any risk of loss or damage to the Products shall nonetheless pass and without prejudice to any other rights or remedies we have:- 2.3.1 We shall be entitled to immediate payment in full for the Products or Services delivered and either to effect delivery by whatever means we consider appropriate or to store Products at your risk; 2.3.2 You shall be liable pay on demand all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery; 2.4 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Products in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery or non-delivery unless you notify us in writing of any claim within 7 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered. 2.5 Where we deliver Products by instalments, each instalment constitutes a separate contract and any defect in any one or more instalments shall not entitle you to repudiate the contract as a whole nor to cancel any subsequent installment. 2.6 Save as otherwise provided in these Conditions, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or that of any carrier or transport provided by you, whichever shall occur first.
3. REJECTION, DAMAGE OR LOSS IN TRANSIT 3.1 You are responsible for checking Products upon delivery and verifying that they are in satisfactory condition, in accordance with their description and complete. You may return purchased Products in accordance with these Conditions or any applicable Returns Policy referred to on the Site. 3.2 Except as set out above or under any applicable Returns Policy and subject to any rights you have under applicable law that cannot be excluded or limited by these Conditions: 3.2.1 we shall not be liable and you shall not be entitled to reject Products or Services, except for: (a) damage to or loss of Products or any part thereof in transit (where the Products are carried by our own transport or by a carrier on our behalf) where notified to us within 7 days of receipt of the Products; (b) defects in Products (not being defects caused by any act, neglect or default on your part) notified in writing to us within 7 working days of receipt of the Products. 3.2.2 we shall not be liable for any damage or losses arising from defective installation of the Products; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use or use in any manner inconsistent with the manufacturer’s specifications or instructions.
4. RETURNS AND CANCELLED ORDERS 4.1 All goods to be returned must have a Return merchandise Authorisation(RMA) issued by us. The issue of a Goods Return Authority does not guarantee that we will accept the return. 4.2 Where a faulty product is returned and you have requested a Goods Return Authority within 7 working days of despatch, and the returned product has not been used or opened or otherwise deemed unsaleable by us you will be credited in full unless the return is due to an error by us. Freight charges will not be credited under any circumstances. 4.3 Faulty goods will be subject to the normal return procedures for the specific brand being returned. 4.4 Non-faulty product will require a Goods Return Authority, must be in saleable condition, and will be subject to a minimum 10% restocking fee. Freight charges will not be credited under any circumstances. 4.5 You will be liable for all delivery and insurance charges incurred in respect of returned goods
5. WARRANTY 5.1 Computer systems builded by us has standard 12-month Return-To-Base warranty from the invoiced date.Parts have standard 12-month Return-To-Base or Return-to-Manufacturer warranty from the invoiced date. 5.2 Goods which are not manufactured or builded by us are subject to the manufacturers’ warranties only. We will pass on the benefit of those warranties to customers, without itself being directly liable to customers under any other manufacturer’s warranty. 5.3 Warranty does not apply to software, free parts and second-hand parts. Service charges will apply on software problem. 5.4 Warranty doesn’t cover any damage to other equipments used in conjunction with these goods, and doesn’t cover any damage or loss to any data stored in warranty goods. 5.5 For all warranty claims, customers must provide Tax invoice, the proof of purchase. 5.6 We reserves the right to withhold or refuse warranty service whilst the your credit account is in arrears.
6. RETENTION OF TITLE 6.1 Title to Products in any one order shall not pass from us to you until payment in full of the price in respect of such order (including any interest or other payments due in respect of those Products). Until payment has been made in full for any Products, you shall have possession of those Products as our agent and shall (subject to the provisions of Condition 6.2 below) store the Products in such a way as to enable them to be readily identified as our property, and keep proper and accurate records to enable us to distinguish Products for which payment has been made in full from those Products for which payment is outstanding. 6.2 If you sell any Products, to the fullest extent permitted by law, you shall hold (on a fiduciary basis) all proceeds of such sales in trust for us and in a separate account. You undertake immediately upon being so requested by us to assign to us all rights in respect of those proceeds and that separate account and/or all rights and claims which you may have against any customers arising from such sales until payment is made in full as aforesaid and not to assign such rights and claims to any third party without our prior written consent. 6.3 We reserve the right (subject to applicable law) to repossess any Products in respect of which payment is overdue, declined or lapses and thereafter to re-sell the same and for this purpose, you hereby grant us an irrevocable right and licence to our servants and agents to enter upon your premises during normal business hours. This Condition 6.3 shall continue in force notwithstanding termination of the contract howsoever caused.
7. DISCLAIMS All Product specifications, illustrations, drawings,images,particulars, dimensions, performance data and other information on the Site or made available by us is provided “as is” without warranty of any kind. Information on this Web site may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. We have a policy of continuous improvement of products and reserve the right to make improvements or changes to products without notice. You must refer to the manufacturer’s specifications or warranty documentation to determine your rights and remedies in this regard.
8. GENERAL 8.1 We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made. 8.2 No waiver of any term or condition of these Conditions shall be effective unless made in writing and signed by us. The waiver of any breach of any Condition shall not be construed as a waiver of any subsequent breach or condition. 8.3 If for any reason we determine or a court of competent jurisdiction finds that any provision or portion of these Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction: 8.3.1 these Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and 8.3.2 in the relevant jurisdiction, the remainder of these Conditions (to the fullest extent permitted by law) will continue in full force and effect. 8.3 To the fullest extent permitted under applicable law, we reserve the right to modify these Conditions without notice.
9. PRICE 9.1 All prices are in NZ$ and are exclusive of GST,unless otherwise stated. 9.2 All price are not including insurance/freight/handling charges and other taxes and duties which may be applicable,and are subject to change without prior notice.
10. AVAILABILITY All items in this site are in good faith to be available at time of sale. However, unforeseen manufacturing,supply or delivery problems or unexpected demand may occasionaly result in stock unavailability. Back-order will be offered where possible.Some products are only avaiable while stock last if they are limited, discontinued or on clearance. In this situation we may elect to cancel your order and refund any payments made. please call or email us to check on the availability of items and their updated prices.
12. GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand. Any dispute arising in connection with these Terms and Conditions shall to the extent possible be settled through friendly consultations between the parties. If the dispute cannot be settled through consultations, either party may refer the dispute to a Court where we are located to resolve through litigation.