1.1 “Seller” shall mean SE Computers, or any agents, employees, successors or assigns thereof.
1.2 “Buyer” shall mean the entity or person named on any form provided by the Buyer to the Seller (or any person acting on behalf of and with the authority of such entity or person) who buys or agrees to buy Works. If the Buyer includes two or more persons, those persons’ liability is joint and several.
1.3 “Works” shall mean all Works (including the supply of Parts) undertaken by the Seller and described on this Job Sheet and includes any advice or recommendations.
1.4 “Parts” shall mean goods (as defined by the Sale of Goods Act 1908) required to undertake the Works.
2.1 This contract shall be subject to the laws and statutes of New Zealand and subject to the jurisdiction of the court geographically closest to the physical address of the Seller.
2.2 The Seller’s failure or delay in exercising or enforcing any right it has under this contract shall not operate as a waiver of the Seller’s rights to exercise or enforce such rights or any other rights in the future.
3.1 Without prejudice to any other rights or remedies that the Seller may have against the Buyer, the Buyer agrees that in the event of default in payment by the Buyer then the Buyer agrees to pay on demand;
a) all costs (including, but not limited to, collection agency fees, commission, legal fees and any other costs on a solicitor and own client basis) incurred by the Seller in recovering any amounts payable by the Buyer to the Seller; and
b) interest on the amount outstanding at the end of each month in which the Buyers account is in arrears at the rate of two percent (2%) per month (compounding) with such a rate after as well as before any judgement; and
c) a monthly administration fee of twenty five dollars ($25) by way of damages payable on the last day of each month in which the Buyers account is in default.
4.1 The Buyer acknowledges that personal information collected or held by the Seller is provided and may be held, used and disclosed for the following purposes:
a) administering, whether directly or indirectly, the Seller's contracts and enforcing the Seller's right thereunder; and
b) ascertaining at any time the Buyer's creditworthiness and obtaining at any time credit reports, character references or credit statements; and
c) enabling the Seller to notify any credit agency of any application for credit or default on any obligation of the Buyer to the Seller and enabling the Seller to provide such personal information to any credit agency so such credit agency can maintain correct accounting records; and
d) enabling the Seller to communicate with the Buyer for any purpose.
4.2 Where the Buyer is an individual the authorities under clause 4.1 are authorities or consents for the purposes of the Privacy Act 1993.
4.3 The Buyer has the right under the Privacy Act 1993 to obtain access to and to request correction of any personal information concerning it held by the Seller.
5.1 Any claim by the Buyer as to incorrect performance or breach of this contract must be made to the Seller in writing within three (3) days of completion (time being of the essence) of the Works otherwise the Seller shall be entitled to presume that the Works have been delivered in good order and without defect or shortage in quantity.
Limitation of Liabilities
6.1 The Seller shall not be liable to the Buyer, or to any other person, for any loss or damage either:
a) caused by any delay in delivery however that delay is caused; or
b) arising directly or indirectly from the Works or the use of the Works.
6.2 The Seller shall not be liable for any consequential, indirect or special damages or loss of any kind suffered by the Buyer or any other person caused by any breach by the Seller of any of the Seller’s obligations under this contract.
6.3 If the Seller is ever liable to the Buyer, or any other person, and the Seller cannot rely on the exclusions or representations, warranties, or liabilities set out in these terms and conditions then the Seller’s liability is in all cases limited to the price of the Works.
7.1 For any materials supplied that are not manufactured by the Seller the Buyer shall only have the benefit of the warranty (if any) provided by the manufacturer.
7.2 To the extent permitted by statute the Seller excludes all other representations, warranties (whether express or implied) and liabilities whether in contract, tort, under any other legal principle, or otherwise.
8.1 For disputes arising between the parties under this contract where the price is within the limits of the jurisdiction of the Disputes Tribunal the Buyer expressly acknowledges and agrees that this contract may be taken as agreement that both parties consent for the dispute to be referred to the Disputes Tribunal for resolution.
9.1 Any items delivered into the possession of the Seller for repair, servicing, or otherwise are subject to a lien for any amounts in default. Where the Seller retains a lien over any items for more than two (2) months then the Seller may, without providing any further notice to the Buyer, sell the items in accordance with the Wages Protection and Contractors’ Liens Repeal Act 1987 and from the proceeds repay the amount owing plus any costs of sale and costs of storage of the item/s.
10.1 Property and ownership in the Parts will not pass to the Buyer, but will remain with the Seller, until payment in full of the price.
10.2 If the Buyer is in default of payment then the Buyer shall deliver the Parts to the Seller upon demand and in the event the Buyer does not comply with such a demand then the Seller shall be entitled to enter upon the Buyer’s premises at any time and do all things necessary in order to take possession of the Parts. The Buyer shall be liable for all costs of whatsoever nature associated with the exercise of the Seller’s rights under this clause.
Personal Properties Securities Act 1999 (PPSA)
11.1 The Buyer acknowledges that this contract creates a security interest in the Parts and, for avoidance of doubt, the proceeds of the sale of the Parts which the Seller may register on the Personal Property Security Register. The Buyer will, if requested by the Seller, sign any documents, provide all necessary information and do anything else required by the Seller to ensure that the security interest is a perfected purchase money security interest.
11.2 The Seller and the Buyer agree that nothing in sections 114(1)(a), 117(1)(c), 120, 122, 133 and 134 of the PPSA shall apply to these terms and conditions.
11.3 The Buyer waives its rights as a debtor under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.
Unless otherwise agreed to in writing by the Seller, the Buyer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
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