UC End Point Terms and Conditions
PRODUCTS AND SOLUTIONS TERMS AND CONDITIONS
(New Era Technology General Terms and Conditions apply to this document)
1.1. Any order by the Purchaser for the supply of Goods shall:
1.1.1. If in writing, be signed by an authorised representative of the Purchaser;
1.1.2. Identify the Goods ordered;
1.1.3. Be subject to these Terms and such additional terms as the Supplier may in its absolute discretion require; and
1.1.4. Specify the anticipated date of delivery.
1.2. The Purchaser may not vary, amend or cancel any order made unless agreed to in writing by the Supplier.
1.3. All orders are subject to continued availability of the ordered items.
1.4. If any item should not be available then New Era Technology may, with the agreement of the Customer, substitute goods which are of equivalent or superior description and quality in which case the Customer shall be charged the price of the substituted goods.
2.1. The price for the goods and services will be as quoted in writing by New Era Technology to the customer. In the absence of a written quote, New Era Technology’s standard charge applies.
2.2. All quotes and charges are expressed as exclusive of GST and GST will be payable by the customer in addition to such payment.
2.3. All freight, couriers, travel costs, and any other charges in relation to the service provided will be in addition to the quoted price and will be payable by the customer.
2.4. Where New Era Technology organises services with other businesses on your behalf, an additional fee may apply.
2.5. A payment of 50% of all hardware is to be made at the time of Purchase Order. The balance of the hardware will be invoiced upon equipment delivery.
2.6. Payment for all goods and services must be made by the customer to New Era Technology within 7 days following New Era Technology’s invoice. New Era Technology may at its option issue a monthly interim invoice for work where the delivery of services is over a period exceeding one month.
2.7. New Era Technology Ltd reserves the right to request part payment or complete payment upon receipt of the order.
2.8. If the customer fails to make payment on the due date New Era Technology reserves the right to impose a late penalty fee calculated at 8% of the total balance outstanding by the customer.
2.9. Any expenses, disbursements and legal costs incurred by New Era Technology in the enforcement of any rights contained in these terms of trade will be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
3.1. Unless otherwise agreed in writing in relation to specific orders, the price for goods quoted are valid for 30 days.
3.2. The Supplier reserves the right to change the Price at any time and in its sole discretion and without any prior notice to the Purchaser.
3.3. In the event that delivery is delayed due to a delay by the Purchaser where in the period prior to the delivery of the Goods to the Purchaser, the Supplier incurs an increase in the cost of producing and/or delivering the Goods, the Supplier may increase the Price of those Goods.
3.4. Unless otherwise agreed to in writing, the Purchaser shall pay the Price to the Supplier in full either upon placement of an order or at any time prior to the delivery of the Goods.
3.5. New Era Technology prices are stated in New Zealand dollars based on prevailing exchange rates at the date of quotation. Since some of New Era Technology’s pricing is based on a conversion from foreign currency, any fluctuation in the published ASB selling rate of more than 2% between the date of quotation and the date of receipt of payment will be debited to the Customer’s account.
3.6. The Purchaser shall pay to the Supplier accruing interest on any overdue invoices from the date when payment becomes due until the date of actual payment at a rate of 2.5% per calendar month. All payments made by the Purchaser shall be first applied by the Supplier to the accrued interest (if any).
3.7. If more than one Purchaser has entered into a Contract, then each Purchaser shall be jointly and severally liable for the payment of the Price to the Supplier.
3.8. Prices unless otherwise stated, do not include taxes, import duties or other levies or tariffs, freight delivery or insurance charges which, if applicable, will be additional to the prices quoted. Goods and Services Tax (GST) will be added at the rate prevailing at the time of supply.
3.9. Prices, unless otherwise stated, are exclusive of the costs any installation, maintenance, or other services supplied to the Customer.
4.1. New Era Technology will take reasonable steps to meet the delivery requirements specified in the Customer’s order and to keep the Customer informed of progress. However any dates specified for shipment or delivery are not to be treated as a condition of the sale.
4.1.1. The Supplier is not bound to accept any delivery date indicated by the Purchaser. The parties acknowledge that all delivery times provided are estimates only and are not binding on the Supplier.
4.2. Unless otherwise agreed to in writing, the Supplier is not required to deliver any Goods to the Purchaser unless the Purchaser has paid all monies owing to the Supplier in full.
4.3. No claim shall be made by the Customer on account of late shipment or delivery howsoever caused and late delivery shall not constitute a breach of contract by New Era Technology and the Customer shall not be entitled to cancel the contract by reason of any such late delivery.
4.4. All Goods shall be delivered to the Supplier’s premises during normal business hours unless agreed to by the Supplier.
4.5. Delivery by New Era Technology to the place specified by the Customer or to any representative of the Customer shall be deemed to be delivery to the customer.
4.6. The Purchaser must ensure that the Job Site can be accessed by vehicle on properly constructed roadway.
4.7. The Supplier may, in its absolute discretion, unload the Goods at the Job Site or as close to the Job Site as conditions allow.
4.8. Unless otherwise agreed prior to delivery of Goods, all unloading of Goods shall be the responsibility of the Purchaser and shall be undertaken at the Purchaser’s cost.
4.9. In the event that the Purchaser or its agent is not in attendance when the Goods are delivered, the Supplier reserves the right to unload the Goods and will not be responsible for any claims, damages, expenses or costs resulting or arising there from.
4.10. Where the Purchaser requires the Supplier or its agent to enter onto the Purchaser’s property for the purpose of unloading Goods, the Suppliers shall not be liable for any damage to the property thereon.
4.11. Where the Purchaser requires that the Goods be delivered at a Job Site the Purchaser must provide the Supplier with the address for the Job Site at least 2 business days prior to the scheduled delivery.
4.12. The Supplier may, at it’s sole discretion, refuse to deliver any Goods to a Job Site.
4.12.1. Should the Supplier refuse to deliver the Goods to the Job Site, then the Goods will be delivered to the Suppliers Premises.
5.1. The risk in the goods shall pass to the Customer upon delivery.
5.2. Notwithstanding the passing of risk, title in the Goods delivered shall not pass to the Purchaser until all monies payable bythe Purchaser to the Supplier have been paid in full.
5.3. The Purchaser shall hold all Goods on trust and as bailee for the Supplier until all amounts owed by the Purchaser to theSupplier have been paid in full.
6.1. Without prejudice to the obligations and liabilities of the Customer to pay all moneys due for goods, such goods shall remain the sole and absolute property of New Era Technology as legal and equitable owner until New Era Technology received payment in full of all moneys due from the Customer in relation to such goods and the Customer acknowledges that the Customer is in possession of such unpaid goods as bailee for New Era Technology pending receipt by New Era Technology of full payment.
6.2. It is acknowledged that the Customer and New Era Technology are in a fiduciary relationship and that if any of the goods are sold by the Customer to third parties, the entire proceeds of any such sale shall be held in trust for New Era Technology and shall be dealt with as New Era Technology may direct and shall not be mingled with other moneys or paid into any overdrawn bank account.
6.3. Pending payment in full or resale the Customer shall store the goods in appropriate climatic and environmental conditions, with appropriate security and in such a manner that the goods are readily identifiable as the property of New Era Technology.
6.4. Pending payment in full or resale New Era Technology shall (without prejudice to its rights and remedies) be entitled (but not obliged) to retake possession of the goods and for that purpose to enter at any time without prior notice onto any place where the goods are situated or thought to be situated and to repossess and resell the goods and to retain the proceeds from such sale without in any way being liable to the Customer or any other person. The Customer shall indemnify and continue to indemnify New Era Technology in respect of any claim, action, damage, expense or cost incurred or threatened as a result of New Era Technology exercising the powers of this clause or otherwise acting to recover any moneys payable or goods supplied pursuant to this contract.
6.5. Should the goods become constituents of or be converted into other products while title remains with New Era Technology, the ownership of the incorporated goods shall at the time on incorporation vest in, and thereafter remain with New Era Technology until payment is made as if they were solely and simply the goods and accordingly the foregoing provisions of this clause shall apply to such other products.
6.6. This clause is intended to protect New Era Technology in the event of insolvency of the Customer or default in payment by the Customer.
7.1. The sole warranties of New Era Technology in relation to the goods are that:
7.1.1. At the time New Era Technology transfers title to the Customer, the goods are free of any charge or encumbrance:
7.1.2. The goods are merchantable quality and are free of defects in materials and workmanship at the time of delivery:
7.1.3. The goods conform to their relevant description in the New Era Technology catalogue at the time of delivery.
7.2. Except as expressly stated in clause 6.1, New Era Technology makes no representation or warranty as to the quality, fitness for purpose or compliance with description or sample of the goods and shall not be liable in respect of any breach of any warranty or condition as to quality, fitness for purpose or compliance with description or sample which would arise by implication of law or otherwise were it not for this clause.
7.3. If any physical defect in any item involving a breach of warranty specified in clause 6.1 is notified within its warranty period, New Era Technology will remedy the defect by repair or replacement, at New Era Technology’s option.
7.3.1. The warranty period commences on delivery and its length varies with the item type. If so requested, New Era Technology will notify the Customer, in writing, of the length of the warranty period for any particular item.
7.3.2. To obtain remedy under this clause the Customer should return the defective item during the warranty period by prior arrangement to New Era Technology at the address advised by New Era Technology.
7.4. The obligations of New Era Technology pursuant to this clause 6 constitute the sole and exclusive remedy of the Customer in respect of the warranties and conditions referred to in clause 6.1 and are in lieu of all other obligation or liability of New Era Technology for damages or other relief, except in circumstances where it is unlawful to exclude such damages or relief.
7.4.1. New Era Technology’s liability shall not extend in any circumstance to special, indirect or consequential damages including, but not limited to loss of anticipated profits or savings or other economic loss or to loss arising from negligence or other tort.
7.4.2. The guarantees provided by the Consumer Guarantees Act 1993 will not apply in respect of any goods which New Era Technology supplies if the Customer requires those goods for the purposes of a business as defined in that act.
8. CLAIMS AND ACCEPTANCE
8.1. Claims in respect of damage or partial loss of goods in transit must be made in writing to New Era Technology within 10 days of delivery of loss of the items concerned.
8.2. All claims must be accompanied by particulars of the claim and by invoice and delivery details.
8.3. The Customer shall be deemed to have accepted all goods which are not notified in writing to New Era Technology within 10 days of the date of delivery.
9. RETURNED GOODS
9.1. Return of goods will not be accepted without the prior written approval of New Era Technology and returned goods must be received by New Era Technology freight prepaid.
10. RESTRICTIONS ON USE OF THE GOODS
10.1. The Customer shall not export, sell or sublicense any of the goods for use outside New Zealand without the prior written consent of New Era Technology in each case.
10.2. All software supplied by New Era Technology to the Customer is subject to the terms and conditions of software license specified by the licensor of such software.
WARRANTY AND LIABILITY LIMITATION
(Polycom Products only)
1. LIMITED WARRANTY AND DISCLAIMER
New Era Technology unless otherwise stated, generally warrants its products to be free of defects in materials and workmanship for a period of twelve (12) months from date of purchase.
If any such product should become defective within the warranty period, New Era Technology will repair or replace the product, at its sole option, provided it is returned directly to New Era Technology during the warranty period in accordance with the provisions included in the Return Material Authorization (RMA) Policy and Procedure.
Defective product being returned must have proof of purchase.
Please call our toll free number 0800 ASNET TEC for the authorized service site nearest you.
New Era Technology is not responsible for costs incurred in delivering or shipping product to or from its service site.
All replaced products become the property of New Era Technology or Polycom Inc.
The above warranty does not apply to damage to products resulting from accident, misuse, service, or modification by anyone other than New Era Technology or its authorized service facilities.
This warranty is limited to the original purchaser and is not transferable.
ANY LIABILITY OF MANUFACTURER, WITH RESPECT TO THE PRODUCT OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPAIR OR REPLACEMENT AS PROVIDED ABOVE. EXCEPT FOR THE FOREGOING, THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. LIMITATION OF REMEDIES AND DAMAGES.
NEW ERA TECHNOLOGY, ITS AGENTS, EMPLOYEES, DEALERS AND OTHER AUTHORISED REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO THE PRODUCT OR ANY OTHER SUBJECT MATTER RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF INFORMATION, BUSINESS OR PROFITS.