Terms & Conditions

These Terms and Conditions govern the use of advancedcomputers.co.nz ("the website") and the purchase of any goods from it. The website is owned and operated by Advanced Computers Limited. Should you have any questions, please contact Advanced Computers Ltd on 64 9 444 8823 prior to ordering from this website.

Terms Used
'The seller' refers to Advanced Computers LTD.
'The buyer' refers to any legal entity purchasing from the seller.

Acknowledgment and acceptance of Terms and Conditions
Please note that by accessing, using or browsing the website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). The seller reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Limitation of Liability
Any liability of the seller in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of the seller be limited to:

• in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
• in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Disclaimer
The information contained on the website is provided by the seller in good faith. To the best of the seller knowledge, the information is accurate and current. However, the seller, any of their directors, officers, employees do not make any representation or warranty as to the accuracy or completeness of the information. To the fullest extent permitted by applicable law, the seller disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. The seller makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements. You expressly acknowledge and agree that the seller does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and the seller is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", the seller will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Copyright
Copyright in the advancedcomputers.co.nz website is property of the seller. Material on this website also comprises copyright material and trademarks which are the property of the seller and third parties. This property may only be used for the purposes of browsing the advancedcomputers.co.nz website and acquiring goods and services of advancedcomputers.co.nz.

Privacy
We treat all customer information in accordance with our Privacy Policy. Our Privacy Policy constitutes part of these Terms and Conditions:
Privacy Policy

At advancedcomputers.co.nz, we would like to assure you that we take your information and privacy very seriously. The following is a description of what we do and don't do with your details.

Information you provide us
For the seller to process your order, we need information such as your name, email or contact number, delivery address and payment details. Other information will also be collected with your permission from time to time. This will normally include preferences such as likes or dislikes.

How do we use the information?
Information that you have provided us will be used in three ways:

• To enhance your shopping experience
• To communicate to you new products and services and also at times, the opportunity to up take on special promotions or offers. You have the option to opt-out of this communication by replying to the communication with an unsubscribe message or to change your preferences through My Account
• To generate a holistic but anonymous view of the advancedcomputers.co.nz customer base. This information will allow us to analyse trends and demographics to help advancedcomputers.co.nz improve on the services provided.
• It is important to note that we only send periodical communications to people who have "opted in" to receive it. We do not set out to "spam" our customers in any way and honour their right to privacy.
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Verification of customers
We do use various details to verify information given to us by our customers. At times, we use:

• names on customer accounts to compare with information on orders
• we use customer phone numbers and email addresses provided to us to communicate with customers about payments
• we use customer addresses to check billing and delivery addresses etc.
• in cases where fraud or other crime is suspected, we do communicate with Police, Banks and other relevant authorities
• Many of these checks are done manually and communication is handled carefully by the seller's staff.

Lost login and Password details
All information is kept private. Many customers often forget details such as their passwords. We do not distribute these either via telephone or email. The customer is informed of their "Password reminder" rather than the actual password being given out.

Accessing Your Information

• Personal information provided by you can be viewed and changed by you if information provided is incorrect or out of date.
• advancedcomputers.co.nz provides you with the following tools to manage your information, the tools will evolve as the advancedcomputers.co.nz website evolves:
• My Account (To manage all personal details)
• If you wish to be removed from our customers list, please email info@advancedcomputers.co.nz

Children's Privacy
It is important that any information provided or purchases made by children (under 18-year-old) have the consent of parents or guardians.

Other Privacy information you should be aware of
Sign out or close your browser once you have finished shopping within advancedcomputers.co.nz. This is to ensure that others cannot access your personal information and correspondence. If you share a computer with someone or are using a computer in a public place like a library or Internet caf¨¦. You as an individual are responsible for the security of and access to your computer.

• You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the Internet and www.advancedcomputers.co.nz
• Further Privacy information can be obtained on the New Zealand Privacy Act.

If you still have questions please contact us at info@advancedcomputers.co.nz, or on +64 9 444 8823.

Consumer Guarantees Act 1993
In the event the transaction the subject of these conditions of sale is subject to the Consumer Guarantees Act 1993 ("the Act") then;

• Where the buyer is acquiring the product for the purpose of business then the Act shall not apply.
• In the event the purchaser 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 Act, to the intent that no provisions shall any way limit the purchaser's rights under the Act.

For more information about the Consumer Guarantees Act click here.

Payment
If you do not pay any money owed when due, you will be obliged to pay any collection cost incurred by the seller (including debt collector and legal fees on a solicitor-client basis).

Delivery

• The seller reserves the right to dispatch the buyer's order in one delivery or by installments. Failure to deliver any installment shall not entitle the buyer to repudiate the contract as to any installments already delivered. The buyer may cancel any undelivered installments.
• Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.
• The seller will select the method/type of delivery and free delivery will apply to this case. Where the buyer requests another method of delivery (eg Saturday or urgent delivery) and the seller agrees in writing then the buyer shall meet the cost of that delivery.
• Courier waiver - if you have signed a courier waiver allowing for goods to be left at your property unsigned for, the seller accepts no responsibility for lost or damaged goods.

Shortages, Damages or Loss in Transit

• Liability for shortages in the quantity of goods delivered is limited to making up the shortages. No claim for shortages in quantity will be allowed unless the customer gives notification of the shortage in writing within 7 days of the delivery and provides a reasonable opportunity for the seller to investigate the claim.
• Goods leaving the seller's premises are adequately packed. Claims for damage or loss in transit must be made against the carrier in the prescribed manner:

• Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received.
• Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly.
• Within 7 days of receipt of consignment the buyer must ensure that all goods received are in good order and condition.

• No claims will be considered after 7 days of receipt of goods. While no liability for goods damaged or lost in transit will be accepted by the seller, details of any claim should be advised to the seller.

Returns and Exchanges
If the goods are faulty and still under warranty or if we sent the wrong items by mistake, we accept returns, give refunds or provide exchanges. In other cases, it depends. For example, if you ordered the wrong item by mistake, or if you changed your mind after the goods have shipped, we may charge a restocking fee of 25%. In all cases other than warranty returns, the packaging must be:

• In resaleable condition
• Undamaged
• Labels, tampering not being removed
• Returned within 7 days from invoiced date

In the event of a return, we will exchange or refund to your nominated bank account. However, you will pay the delivery costs of the return to Advanced Computers Ltd and re-delivery to you. We will not refund initial delivery and other fees.
Due to the copyright issues and virus risks, Software may not be returned unless it is faulty.
If you return goods by courier, please keep the appropriate proof of return. Otherwise, if the returned item goes missing in transit to us, we will deem you not to have returned the item. It is your responsibility to ensure the goods are adequately packaged to ensure that they are not damaged during return transit. We will not issue a return or exchange unless the product/s are in a saleable condition upon return.

Seller's Liability and Maintenance Guarantee

• The buyer shall ensure that the goods ordered are fit and suitable for the purpose for which they are required and the seller is under no liability if they are not.
• The buyer is entitled to only such benefits as the seller may receive under any guarantee given to the seller by the manufacturer of the goods.
• In lieu of any warranty, condition, or liability by law, the seller's liability in respect of any defect in or failure of the goods supplied, or for any loss, injury, or damage attributable thereto, is limited to making good the replacement or repair of defects arising under normal proper use and maintenance arising solely from faulty design, materials, or workmanship within the guarantee period, if stated, or otherwise within 12 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. At the termination of the appropriate period (ie guarantee period or 12 months as indicated above) all liability on the seller's part ceases.
• The warranty does not cover damage from misuse, accident, negligent, inappropriate or improper operation, maintenance, installation, modification or adjustment.
• The seller's liability under this contract and the warranty in this clause is confined to the buyer named in this contract, it being agreed that the seller has no liability to any purchaser of the goods from the buyer in that the buyer's rights under the contract are not assignable without the prior written consent of the seller.
• The seller will not be liable for loss of profits or any indirect or consequential loss or loss, even if the possibility of such loss has been brought to its attention.

Loss of data
Data loss is not covered under our warranties, so we recommend that you undertake regular back ups on a separate storage medium (please note that such storage medium is not covered for by a loss of data warranty either).

Property and Risk

• Risk (including insurance responsibility) shall pass to the buyer on collection of the goods by the buyer or on the delivery by the seller or by the source to the buyer or his agent or to a carrier for delivery to the buyer.
• Ownership of all goods sold by the seller ("the goods") is retained by the seller until full payment is received for all amounts owing in respect of all goods supplied. This provision is designed to protect the seller in the event of the bankruptcy, receivership or liquidation of the buyer, a seizure of goods by a creditor of the buyer or default in payment.
• Until full payment is made the buyer agrees to:

• Enable the goods to be readily identifiable as the property of the seller.
• Maintain the goods so supplied in good order and condition and to return the goods immediately if called upon to do so by the seller.
• On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.

• Prior to the buyer acquiring property in any goods the seller may at any time directly or by its agents or servants enter upon any land, premises or property where it believes such goods may be to inspect and/or remove the goods, by force if reasonably necessary. If the goods are removed then:

• The right of the buyer or any agent of the buyer to possession of any goods and right to sell or otherwise dispose of the goods shall immediately and without the necessity of any notice terminate, and,
• The buyer will reimburse, indemnify and hold harmless the seller, its employees and agents in respect of any costs (including legal costs on a solicitor-client basis), expenses, loss or damage (including such to any third parties) in respect of the exercise or attempted exercise of the seller's remedies and,
• The seller may cancel any or all contracts with the buyer and the seller will not be liable to the buyer therefore, and,
• All moneys owing by the buyer to the seller on any account whatsoever shall become immediately due and payable, and,
• The value of such goods seized shall be assessed as the lesser of current market value or the invoice value at the time of sale and may be subject to a restocking fee as for Return of Goods for Credit or Refund above. Any exess after satisfying all of the buyer's payment obligations (including under the indemnity) will be paid to the buyer.

Warranty
For all warranty claims, customers must provide Tax invoice, the proof of purchase.

• Computer systems from Advanced Computers Ltd has standard 12-month Return-To-Base warranty from the invoiced date. Optional to upgrade to 24-month for selected items.
• Parts have standard 12-month Return-To-Base or return-to-manufacturer warranty from the invoiced date.
• Goods which are not manufactured by Advanced Computers Ltd are subject to the manufacturers' warranties only. Advanced Computers Ltd will pass on the benefit of those warranties to customers, without itself being directly liable to customers under any other manufacturer's warranty.
• Removal of any labels, tampering or similar unauthorized use voids the warranty.
• Warranty does not include software, free parts and secondhand parts. Service charges will apply on software problem.
• Warranty doesn't cover the damage to other equipment used in conjunction with these goods.
• Warranty doesn't cover the damage to any data stored in warranty goods.

Errors or Omissions
The seller is entitled at any time to correct all errors and omissions (whether clerical, computational or otherwise) in any advertising, quotation, invoice or acknowledgement. Due to the seller's administrative processes, errors (if any) may be discovered up to 30 days after the goods have been delivered to the buyer. The seller will notify they buyer promptly of any error or omission discovered by the seller, and give the buyer the option of returning the goods for a full refund.

Description of Products
Modifications and improvements to the seller's products are constantly being made. Also, the seller relies on information from its suppliers and product manufactures. Descriptions, illustrations and literature are therefore not binding on the seller. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action.

Force Majeure
The seller shall not be liable to the buyer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods, or failure to perform any term of this contract where such delay or failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation or any other cause beyond the seller's control.

Compliance
The buyer shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the goods.

Personal Property Securities Act 1999

• Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:

• These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
• A security interest is taken in all goods previously supplied by the seller to the buyer (if any) and all goods that will be supplied in the future by the seller to the buyer during the continuance of the parties relationship;

• The buyer undertakes to:

• sign any further documents and/or provide any further information, such information to be complete, accurate and up-to-date in all respects, which the seller may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
• indemnify, and upon demand reimburse, the seller for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any goods charged thereby;
• not register a financing change statement (in accordance with Regulation 9) or a change demand (in accordance with Regulation 10) without the prior written consent of the seller;
• give the seller not less than 14 days prior written notice of any proposed change in the buyer's name and/or any other change in the buyer's details (including but not limited to, changes in the buyer's address, facsimile number, or business practice); and
• immediately advise the seller of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.

• 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

Disputes and Proper Law

• Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.
• The contract including these terms and conditions of sale shall be governed by New Zealand Law.