Terms and Conditions – Goods and Services
Outsourced Information Technology Limited (also referred to as OIT, the seller, us, we or OITCONZ) provides all its goods and services under the jurisdiction of New Zealand law (unless otherwise contracted)
OIT recognises the Sale of Goods Act and Consumer Guarantees Acts and provides all goods and services in accordance with those laws.
These terms and conditions (also known as agreement) form a legal agreement between OIT and anyone purchasing or seeking to purchase goods and services from OIT.
- Sale of Goods.
- All goods remain the property of OIT until fully paid for.
- OIT asserts its ownership over all goods until fully paid for and asserts full rights to reclaim goods not paid for.
- The buy has the responsibility to care for the goods and ensure they are not damaged until such time as the goods are fully paid for. Liability for damage remains with the buyer from the time they receive the goods at their premises or the location assigned for delivery.
- On full payment of an invoice ownership of the goods is assigned to the buyer exclusively
2. Invoices; Payment.
- Unless otherwise stated payment for all goods and services are due within 7 days of the date of the Seller’s invoice, which date will not be before the date of the Seller’s delivery of the Goods.
- Failure to pay by the due date may incur charges and interest.
- Interest will be calculated at 1% per month above the standard lending rate of the sellers financial institution, on the due amount, until the amounts are paid.
- Overdue payments charges may be levied to cover the costs of managing the overdue debt. These will be in accordance with applicable NZ law.
- OIT reserves the right to assign payment to which ever invoice they decide. Payments will normally be assigned to penalties, then services then the oldest outstanding goods invoice.
- OIT reserves the right to recover all costs of debt collection, including but not limited to legal costs, debt collection charges and other similar costs.
3. Delivery; Title; and Risk of Loss.
- Unless otherwise stated the Seller shall deliver the Goods to the Seller’s facility or nominated location. Risk of loss of the Goods will pass to the Buyer upon such delivery by the Seller.
- Any stated delivery dates are approximate.
- The Seller will not be liable for any losses, damages, penalties, or expenses for failure to meet any delivery date.
- Should the buyer seek to return goods, a restocking fee may be chargeable to cover time spent on the transaction.
- Goods returned after use shall be sold at local market rates and the difference in value will still be payable by the buyer.
- Any missing, lost or damaged parts shall be payable by the buyer
4. DIsclaimer of Warranty; Due Diligence.
- The buyer acknowledges the goods ordered are fit for purpose as per the buyers due diligence.
- OIT will do its best to provide accurate information on the fitness of any product for the purpose selected but cannot be held accountable should the goods not be fit for purpose due to incomplete information or a change to the scope of the purpose for which the goods are purchased.
5. Limitation of Liability.
- The Seller will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Seller has been advised of the possibility of any such damage.
- In no event will the Seller’s liability exceed the price the Buyer paid to the Seller for the specific Goods provided by the Seller giving rise to the claim or cause of action.
6. Limitation of Actions.
- No action arising out of or relating to this agreement or the transactions it contemplates may be commenced against the Seller more than 12 months after the basis for such claim could reasonably have been discovered.
7. Security Interest.
- The Buyer hereby grants to the Seller a security interest in the Goods sold to the Buyer under this agreement and any proceeds there from (including accounts receivable), until payment in full for the Goods has been received by the Seller. The Buyer shall sign and deliver to the Seller any document to perfect this security interest that the Seller reasonably requests.
8. Governing Law and Designation of Forum.
The laws of New Zealand (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.
(b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of New Zealand sitting in Christchurch. Each party to this agreement consents to the exclusive jurisdiction of the courts of New Zealand sitting in Christchurch and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.
9. Force Majeure.
- The Seller will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Seller’s reasonable control.
10. Assignment; Delegation.
- The Buyer may not assign any of its rights under this agreement or delegate any performance under this agreement, except with the prior written consent of the Seller. Any purported assignment of rights or delegation of performance in violation of this section is void.
11. Recovery of Expenses.
- In any adversarial proceedings between the parties arising out of this agreement or the transactions it contemplates, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs, including legal fees and expenses.
12. Entire Agreement.
- This agreement constitutes the entire agreement between the parties with respect to the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties.
- OIT reserves the right to amend its terms and conditions at any time.
- OIT is not responsible to notify any parties if these terms and conditions are updated.
14. Time Frame of Agreement
- These terms and conditions shall be deemed to be in force once the buyer orders any goods or services, either verbally, by electronic means or physical correspondence.