QTECH DATA SYSTEMS LTD CONDITIONS OF SALE
New Zealand domestic market conditions only - Please contact us for all international terms.
1.0 Payment Terms
If an approved credit account is held and providing the account balance is not overdue, payment terms will be payment in full on or by 20th of the month following date of invoice unless terms are otherwise agreed in writing by QTech.
If an account is not held payment terms will be payment in full on delivery if the order can be delivered by a QTech staff member or payment prior to dispatch if the order cannot be delivered in person, unless terms are otherwise agreed in writing by QTech.
Completing a new application for Trade credit account will not result in the first order being allowed on credit. Subsequent orders may be charged to the account once the account is approved.
2.0 Eligibility of Credit Account
The costs of maintaining a credit account require that a minimum yearly purchasing level be maintained. If yearly turnover does not meet this requirement, the account may be closed.
3.1 Orders must be in writing, any telephone orders must be confirmed in writing.
3.2 QTech accepts no responsibility for delays, errors in delivery, discrepancies in supply arising from orders being made otherwise than in this manner.
4.1 Prices are exclusive of GST.
4.2 Validity: Quotations are valid for 30 (thirty) days from date of quotation.
4.3 Prices are based on current costs of insurance, freight, duty, exchange rate and on the latest quotations from the suppliers of any component parts. Any increases in these charges subsequent to the date of quotation together with associated margins are to the buyers account.
4.4 All prices are FOB Christchurch
4.5 Where travel and expenses are incurred a separate charge will be made.
4.6 Goods will be invoiced on delivery, services will be invoiced on a monthly basis for work carried out during the month as progress accounts.
5.1 QTech will endeavour to meet any indicated delivery date. But, unless otherwise agreed in writing, delivery dates are not of the essence. Nor shall QTech be held liable for non-delivery or late delivery (however caused) or failure to deliver by any specific methods or any particular vehicle or craft.
5.2 Delivery is deemed to be complete when made at the place indicated in the written order received by QTech.
5.3 If customer fails or refuses to accept delivery at the place and by the date indicated in the written order received by QTech, QTech may charge storage and transportation expenses to customer, in which case these are deemed to be part of the price of the goods.
5.4 QTech may deliver goods by instalment, in which case each instalment is deemed to be a separate contract on the same conditions as the main contract.
6.1 No claim for under supply of goods can be made by customer later than 7 days after delivery.
7.1 To ascertain that goods conform with the contract the customer must examine them forthwith on delivery. The customer is deemed to have accepted goods unless, within 7 days after delivery, it gives QTech written notice rejecting goods.
7.2 Any notice rejecting goods must contain the following information:-
- The invoice/packing slip number
- Date of purchase
- A QTech issued “return authority” (“RA”) number
7.3 Re-Stocking Fee
QTech may, but is not obliged to, accept the return for credit of any goods which conform with the contract or are rejected without proper cause. If QTech does accept goods returned for credit, it may deduct a restocking penalty of no more than 20% of the price of the goods.
Conditions of Sale Page 2 of 2
8.0 Title to goods
Risk in goods passes to customer on delivery. However, ownership of goods remains with QTech until QTech has received payment in full for the goods supplied to customer. Payment means receipt by QTech of cleared funds.
9.1 QTech may (in addition to its other rights) terminate this contract if customer:
- Fails to comply with any of these conditions, or
- Fails to comply with any other terms of agreement with QTech, or
- Commits an act of bankruptcy, or
- Has a receiver appointed, or
- Goes into liquidation, or
- Makes an arrangement with its creditors
- Fails to pay outstanding invoices after 3 months (from then on “Cash on Delivery”)
10.1 Unless otherwise specified the equipment offered includes a return to workshop warranty (labour and parts) for one year from date of invoice against malfunction and does not include fair wear and tear, misuse or abuse.
11.1 Goods are not insured by this Company after they leave its premises.
12.0 Radio Telephones
12.1 When using radio telephones to communicate in a telemetry installation no guarantee is given regarding reliable communications unless QTech Data Systems Limited or QTech Data Systems Limited’s approved site tests have been conducted.
13.0 Force Majeure
13.1 In the event of any happenings beyond reasonable control and the consequences thereof by which this Company cannot fulfil its obligations it shall be entitled to suspend delivery or to extend the delivery time of the equipment concerned by the duration of such conditions and in the event of such suspension or extension shall not be liable for any damages or any other compensation. Force Majeure occurring for QTech’s subcontractors or suppliers shall be deemed Force Majeure occurring for QTech Data Systems Limited.
14.0 Customer Guarantees Act 1993
14.1 The purchaser agrees and acknowledges that all supplied goods and services from QTech Data Systems will be acquired for business purposes and accordingly the provisions of the Consumer Guarantees 1993 will not apply as between the purchaser and QTech Data Systems Ltd.
15.0 Terms of Trade
15.1 QTech Data Systems Ltd Terms of Trade apply to all orders charged to an approved credit account.
15.2 QTech Data Systems Ltd may vary the Terms of Trade or Conditions of Sale at any time by Notice in writing to you. You may not vary the Terms or Conditions unless the QTech Data Systems agrees in writing.