Terms and Conditions
Introduction
Welcome to Elite Systems Ltd online shopping site. Thank you for shopping with us.
These terms and conditions only apply to transactions from our website. They do not replace our standard terms and conditions. Please familiarise yourself with our full terms and conditions in conjunction with these terms and conditions.
Please contact us if you require further information or if you have any questions email: sales@elitesystems.co.nz or Tel: 09 3779800
By entering and browsing this site signifies that you have accepted, understand and acknowledge that you will be bound by these terms and conditions. Elite Systems Ltd reserves the right to amend and update these terms and conditions at any time without prior notice to the users.
1. Prices and Orders
1.1 Prices may be altered without notice.
1.2 ESL reserves the right to refuse to accept any order or any part of an order, and to deliver products by instalments, in which case each instalment will comprise a separate contract and shall be paid for as if it were a separate order.
1.3 Products/Services will be supplied where either payment accompanies an order or where a duly authorised Customer purchase order has been received and is charged against an account previously opened or prior arrangement with ESL.
1.4 Pricing quoted by ESL is in NZ dollars and is current as at the time of presentation.
1.5 Unless otherwise stated, all prices stated are exclusive of Goods and Services Tax and insurance, freight, handling charges.
2. Acceptance of Orders
2.1 ESL will supply only the Customer with goods on these Terms of Trade unless ESL has agreed in writing to different terms.
2.2 ESL will only accept an order on the basis that the Customer has sufficient knowledge that it is ordered as being "fit for purpose".
3. Risk and Delivery
3.1 The Customer agrees to pay for all delivery costs. Where goods appear to be damaged or missing the Customer must contact the carrier and ESL immediately. ESL will make every effort to ensure delivery of products, or performance of services, is on time, but will not be liable to the Customer for any loss or damage arising in any way from any delay in delivery or performance. Delay in delivery or performance shall not entitle the Customer to cancel the order.
4. Delivery and Freight Charges
4.1 If the Customer requires goods to be shipped urgently, ESL reserve the right to charge the Customer for any additional freighting charges incurred.
4.2 If the Customer has specified a delivery date, ESL will try to deliver the goods on that date. However, ESL will not be liable to the Customer in any way if the delay in delivery is in respect of causes beyond ESL's control.
4.3 ESL may deliver the goods to the Customer by instalments in any quantities and each delivery will be a separate contract independent from the other deliveries.
5. Payment
5.1 Should the Customer cancel an order or delay delivery, the Customer must pay any penalty fees which may have been incurred by ESL.
5.2 Payment by cheque or by any type of bank transfer will not be considered payment until the payment has been fully cleared through the banking system into ESL's bank account.
5.3 The Customer agrees to pay for the Products in full without deduction or setoff and to pay goods and services tax and any other government duties, levies, or taxes in respect of the Products.
5.4 Products Other Than Hardware/ Software
Unless ESL has agreed to extend credit to the Customer, payment is to be made in cash at supply. Where ESL has agreed in writing to extend credit to the Customer, payment is to be made in full within 7 days of supply, or (only if specifically agreed in writing by ESL) by the 20th of the month following the dispatch of an invoice.
5.5 If payment is not made in full by the due date, ESL is entitled to charge the Customer interest on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by ESL's banker, compounding monthly on the unpaid balance owing on the first day of each month until payment is received in full by ESL, and ESL may at its option suspend performance of further services or delivery of further Products until the account is paid. In addition, the Customer will indemnify ESL and pay all costs and expenses on a solicitor/client basis if legal action is necessary, and/or East Coast Credit Control Ltd's (or other debt recovery company) fees or, which ESL may incur in recovering from the Customer and any overdue amount.
5.6 Notwithstanding clause 5.4 above, all payments shall immediately become due to ESL. If the Customer refuses to accept delivery of any Products, become insolvent, commit any act of bankruptcy, or if a receiver, liquidator, or statutory manager is appointed over any of the Customers assets or undertaking, or if the Customer makes or attempts to make an arrangement or composition with creditors.
6. Property
6.1 With the exception of software (including its medium, packaging and documentation) which is subject to license, and in which no property shall pass other than is provided in the relevant license agreement, the property and ownership in all products and goods supplied will not pass to the Customer until the Customer has discharged all outstanding indebtedness (whether in respect of the goods supplied or otherwise) to ESL.
Until title passes from the company to the Customer the following terms shall apply:
(a) the Customer will be deemed to be in a fiduciary capacity as bailee of ESL in respect of any goods or products supplied by the company
(b) the Customer will, if required by ESL, store the goods or products in such condition and place that is clear that they are owned by ESL and in a manner enabling them to be cross referenced to particular invoices of ESL; and
(c) the Customer will not under any circumstance mix the good and products supplied by ESL with other goods in any manner whatsoever.
6.2 If the Customer makes default in payment for the goods and products although such goods and products may be in the Customer's possession, the Customer hereby irrevocably gives ESL its agents and servants leave and license to enter without notice in order to inspect search for and remove goods or products supplied and ESL will not be liable to the Customer or any third party for the exercise of it rights under this clause.
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