Terms and Conditions

The terms of conditions of sale set out below govern all of the supplies of goods and services from www.zcom.co.nz (“ZCom”, “we”, “us”, “our”) to the customer (“you”). They will replace any terms and conditions contained in any document used by you and purporting to have contractual effect, and you acceptance of any goods or services from Zcom Technologies LTD indicates your acceptance of these terms of conditions of sale.

Orders, Delivery and Risk

• We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We also reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
• You are responsible for insurance and risk in the Products from the earlier of the time they are received by a carrier for delivery to you or the time they are collected by you or your agent.
• Where we agree to transport the goods to a specified place, we will deliver, or arrange delivery of, the goods to that place.  Except where otherwise agreed, you will pay for all resulting transportation costs.
• All freight charges shall be at your cost unless otherwise agreed and stated.
• We will make every effort to ensure delivery of Products or services, is on time, but will not be liable to you for any loss or damage arising in any way from any delay in delivery or performance.  Delay in delivery or performance does not entitle you to cancel any order.
• Where you ask us to deliver goods directly to another person, that person takes possession of the goods for you as your agent, and you are still directly responsible to us under these terms of trade.
• Any claims for shortage or damage during delivery must be made to the carrier within 24 hours of the date of delivery.  Where goods appear to be damaged or missing you must contact the carrier and us immediately. 

Price and Quotations

• All prices inclusive GST and excluding freight. Unless otherwise agreed in writing
• Prices may be altered without notice; We reserves the rights to alter its prices at any time
• The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance.
• Purchase prices are given in New Zealand dollars.
• You agree to pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.
• You are bound to pay us the price once we accept your order. A quotation does not give rise to a binding contract until you place an order which we subsequently accept.

Payment

• Payment must be made in nominated bank account prior to delivery of your order, unless we agree otherwise in writing.
• Payment method only available on Direct debit, Bank deposit or cheque
• Payment by cheque takes at least 3 to 5 working days to be fully cleared through the banking system into our account. Order will be dispatch after the cheque is cleared.

Return Policy

• All goods to be returned must have Return Authorization Number issued by us. The issue of a Return Authorization Number does not guarantee that we will accept the return.
• Non Faulty Returns also will require a Return Authorization Number and must be return within 7 days of delivery. The returned item must be in saleable, un-opened and resalable condition, and will be subject to a minimum 20% restocking fee. Freight charges will not be credited under any circumstances.
• Products with missing accessories, damaged or open packaging cannot be returned.
• Faulty Returns will require a Return Authorization Number within 7 days. Refund will be given if the product is deemed faulty. If the faulty return is outside that period, then you will have to apply for warranty procedures. Freight charges will not be credited under any circumstances.
• Software cannot be returned of Credit, this is due to copyright regulations.

Warranties

• Goods are subject to the manufacturer’s warranties only.  We will pass on the benefit of those warranties to you, without being directly liable to you under any warranty.  Manufacturer’s warranties are set out on the Website.
• Where goods are subject to a return to base warranty, you are responsible for returning them to us or the manufacturers (as provided by the warranty) and you may be responsible for additional cost including (but not limited to) freight.
• Any warranty may be voided by unreasonable use, damage or misuse (including problems caused by misuse or damage after the goods have left from us), negligent installation or operation, inadequate packaging, cleaning or maintenance, unauthorized repairs, modifications or the addition of hardware, software or consumables not supplied by us.
• We do not undertake that repair facilities and parts will be available for the goods.  We will not be liable to repair or replace any defective goods and at our own discretion we may:
• Notify the manufacturer of the goods of any defect notified by you;
• Request the manufacturer to repair or replace any defective goods.
• Data loss is not covered under warranties, so we recommend that you undertake regular backups on a separate storage medium (please note that such storage medium is not covered for by a loss of data warranty either).

Risk and ownership

• Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
• Ownership of the goods remains with us and does not pass to you until you pay all amounts you owe to us or resell the goods in accordance with these terms.
• While ownership of the goods remains with us:
• You must store them separately or clearly identify them as belonging to us.
• We authorize you in the ordinary course of your business to use the goods or sell them for full consideration.  This authority is revoked from the earlier of the following:
• we deem your credit to be unsatisfactory;
• The occurrence of an Event of Default; or
• The time that we notify you in writing that this authority is revoked.
• We can enter the premises where the goods are stored and remove them without being responsible for any damage caused in doing so.  We can resell any of the goods and apply the proceeds of sale in reduction of amounts you owe to us.
• If you resell or use the goods before ownership of the goods has passed to you, the proceeds of such sale or use shall be received and held by you (in whatever form) in trust for both you and us.  Our interest as beneficiary under that trust shall be that portion of the proceeds which does not exceed all amounts you owe us.  You will be entitled to the balance of the proceeds. 
• We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.

Errors or Omissions

·         Zcom is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, pricing, invoice or acknowledgement. We shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We will notify you promptly of any error or omission discovered, and gives you the option of returning the goods for a full refund.
 

Consumer Guarantees Act 1993

Where the buyer is acquiring the product for the purpose of business then the Consumer Guarantees Act 1993 shall not apply. 
In the event the buyer is acquiring the product for purposes other than that of a business, then these conditions of sale shall be interpreted subject to the purchaser's rights under the Consumer Guarantees Act 1993, to the intent that no provisions shall any way limit the buyer's rights under the Act.

No liability

We shall not be liable for any delays or failure in complying with any obligation imposed on it under any contract or for any loss or damage (including indirect or consequential loss of profits, data or damage) as claimed by the Customer.

• Should any liability in relation to this agreement (or the goods supplied under this agreement) be imposed on Zcom for any reason, our total liability to you is limited to the price of those goods and services supplied by us to which the liability relates. We will not, in any case, be liable for any consequential or special damages, including loss of business profits.
• If we are unable to provide its obligation under the terms of this agreement by reason of strike, lock-out, riot, industrial action, fire, storm, operation of law or other cause beyond its control, then we are released from the obligation under this agreement.

Governing Law

The contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.

Variation

We reserve the right to modify and vary these terms and conditions at any time.