a)XP Computer is an Online Personal Computers Market, A subsidary of XP Computer Warehouse Ltd.
b) "Purchaser" means the company or entity purchasing the products from XP Computer.
c)"Products" means the products and/or services supplied by XP Computer.
2. Prices and Order
a) XP Computer will use its best endeavors to keep its purchasers informed of the current prices. But prices may be altered without prior notice.
b) The purchase price for the products is as per XP Computer quoted price.All purchase orders must clearly state the following: Date, Purchaser Name, Invoice Address, Delivery Address, Order Number, Contact Name & Telephone Number, Product Description, Quantity.
c) XP Computer reserves the rights to disapprove orders generated with unacceptable prices, in condition of network errors, hacking, supplier mistakes and code errors.
3. Payment and Credit
a) Unless XP Computer has agreed to extend credit to purchaser, payment is to be made in cash on delivery. Payment by any type of bank transfer will not be considered payment until the payment has been fully cleared into XP Computer Warehouse bank account.
b) Credit limits are established by XP Computer and confirmed in writing. XP Computer reserves the right at all times without notice and at its sole discretion to: refuse to grant credit; discontinue credit; require fresh application/personal guarantee(s) to be submitted; charge interest on any balance remaining outstanding after the due date.
c) For those approved purchasers who qualify for the extension of credit, our terms are net maximum 7 days from date of invoice.
d) Purchaser indemnify XP Computer against all costs, expenses, damages or claims arising in any way where purchaser have failed to comply with any one of these terms, as modified from time to time.
e) If the payment fails, and goes to debt collection process, customer will be responsible for all the recovery cost.
4. Freight and Insurance
a) All prices quoted in the published price list do not include GST,freight, handling or insurance costs. These will show separately on official XP Computer invoices. Purchasers agree to pay all delivery cost.
b) Purchasers are responsible for insurance and risk in the products from the time they are received by you or your agent.
c) Where goods appear to be damaged or missing, purchaser must contact the carrier and XP Computer.
d) All claims for shortage during delivery must to the carrier within 7 days of the date of delivery.
a) Property and ownership in all products will remain with XP Computer until fully payment received from purchasers.
b) XP Computer does not authorize any purchaser to use XP Computer or the manufacturer's trademarks names or associated materials.
c) The purchaser will not disclose or permit the disclosure of any information concerning the Products or XP Computer business affairs, and acknowledges that these are trade secrets and are commercially sensitive.
d) Purchaser will undertake to advise XP Computer immediately when it becomes aware of any unauthorized use or attempted use by any person of the trade marks or other intellectual property rights of XP Computer.
a) XP Computer reserves the right to withhold or refuse warranty service whilst the purchaser's credit account is in arrears.
b) All products purchased from XP Computer are covered by the manufacturer's warranty. Please check the warranty refference from manufacturers.
c) XP Computer will provide warranty service only in respect to products that were supplied by XP Computer.
d) No warranty is expressed or implied as to the quality or fitness of the products for any particular purpose or otherwise.
e) XP Computer will not be liable for any loss, damage or injury to the purchase or to any other person or to the property of the purchaser or any other person arising out of the use or possession of the Products.
f) Although all possible care is taken to preserve your data, we cannot guarantee your data. Please make sure you have backed up all important data BEFORE bringing your computer to us for serving. No responsibility will be accepted by XP Computer or the staff of XP Computer for any lose of data.
7. Product Returns
a) No product will be accepted for return without obtaining prior written authorization from XP Computer. Freight, handling and insurance charges will be to the purchaser's account.
b) XP Computer may, but is not obliged to, accept the return of any product that was ordered and correctly supplied.
c) If product was delivered incorrectly or with defects or damage, the purchaser must notify XP Computer in writing within three days of receipt of the product. The notification must quote the relevant invoice number and must include all the necessary details of the incorrect delivery, defect or damage. If purchaser fails to notify XP Computer, the purchaser shall be deemed to have received the product in good order and condition and that the same had been delivered in accordance with the purchaser's order.
d) The purchaser will be required to pay to XP Computer, or XP Computer will deduct from any refund, a handling charge of 20% of the full purchase price (GST inclusive) of the product approved for return to XP Computer.
XP Computer reserves the right to modify and vary these terms and conditions at any time.
9. Non Waiver
If XP Computer fails to enforce any terms or to exercise its rights under these terms and conditions at any time, XP Computer has not waived those rights.
10. Limitation of Liability
a) XP Computer' liability to purchaser shall be limited to the value of any products or service supplied.
b) XP Computer will not be liable for any losses of any kind or any delay in performing obligations caused by any natural disaster, floor or earthquake, strike, lockout, fire, war, civil commotion, network service failure, inability to obtain products or supplies including the imposition of any export or import bans, or any other cause beyond its reasonable control.
11. Compliance with Applicable New Zealand Laws
These terms and conditions are governed by the New Zealand and any dispute under them shall be subject to the jurisdiction of the Courts of New Zealand.