Terms of Sale
Payment: Payment is due within seven days of the date of the relevant invoice. The Buyer shall pay GST and all other value added or sales taxes in addition to the invoiced price.
No deductions: The Buyer may not withhold payment or make any deduction or set-off from any invoiced amount without the prior written consent of Zealand Limited trading as Enable IT ("Enable IT"). If any deduction or withholding is required by law, the Buyer will increase the payment by the amount of such deduction or withholding.
Interest for late payment: If payment is not received by the due date Enable IT may charge interest at the rate of 2% of the invoiced amount per month from the due date until payment is received in full.
Delivery, risk and ownership: Enable IT will not be liable for any delay in delivery of the products and/or services. Risk in the products passes to the Buyer upon delivery. Ownership in the products and/or services will not pass to the Buyer until the full payment of sums due for all products and services supplied and Enable IT may retake possession at any time without notice.
Security: The Buyer grants Enable IT a security interest in the products as security for payment of all moneys owing by the Buyer to Enable IT from time to time, whether in relation to this contract or any other contract or on any other account whatever.
Orders: Enable IT is not obliged to accept any order placed by the Buyer with Enable IT. Any order which has been accepted by Enable IT cannot be withdrawn or cancelled unless both parties agree.
Claims: Any right which the Buyer may have to reject non-conforming products and/or services or in respect of short delivery of products and/or services shall only be effective if the Buyer notifies Enable IT in writing within 7 days after delivery of the products and/or services.
Warranties: Enable IT gives no warranty, representation or guarantee in relation to the products and/or services other than those given in writing and signed by Enable IT or those which cannot be excluded by contract. The Buyer confirms that the products and/or services supplied are acquired for the purposes of a business (as that term is defined in the Consumer Guarantees Act 1993 ("CGA")) and agrees that the CGA does not apply.
Liability: To the fullest extent permitted by law, Enable IT shall not be liable for any special, indirect, consequential, or special damages (including but not limited to damages for loss of income or profits) arising out of the supply of the products and/or services. In any case where the liability of Enable IT is not otherwise excluded or limited, Enable IT's total liability in connection with the supply of products and/or services (whether in contract, tort or otherwise) shall be limited to the amount paid by the Buyer for the product and/or service concerned.
General: This contract may only be varied by written agreement signed by both parties. These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand and shall be subject to the non-exclusive jurisdiction of the New Zealand courts.
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