GENERAL
All orders for products will be accepted by Mobile I-T Pro (“Mobile I-T Pro”) subject to these terms and conditions. Any person, entity or corporation placing orders for goods/products with Mobile I-T Pro (“Customer”) is bound by these terms and conditions. No other terms or conditions will apply to the supply of products by Mobile I-T Pro unless they are accepted in writing by Mobile I-T Pro.
PRICES
Whilst Mobile I-T Pro will try to maintain prices specified in the website, Mobile I-T Pro reserves the right to change the price of any product without notice. Non-website items will be sold at the prices set out in the relevant quotations supplied by Mobile I-T Pro. Any prices quoted in writing by Mobile I-T Pro will be for a period of 5 days from the date of the offer. All prices specified by Mobile I-T Pro in the website include goods and services tax (GST)
For approved account Customers payment is due no later than 30 days from the end of the month in which the products were invoiced, without any deductions whatsoever. Otherwise payment by cash, credit card, subject to authorisation, or direct deposit is required with order prior to delivery. Any subsequent refund of orders paid for by credit card will be made to the relevant credit card account. Cheques and postal orders must be made out Mobile I-T Pro and crossed. If the Customer fails to make payment by the due date then, without prejudice to any other right or remedy, Mobile I-T Pro will be entitled to cancel any unfilled order or suspend any further deliveries until the account is in order, withdraw credit facilities or adjust the Customer’s credit limit and interest at the rate of 26% per annum payable daily will be charged to all outstanding invoices not paid within terms. If legal action is taken to recover monies due to Mobile I-T Pro then Mobile I-T Pro reserves the right to charge the Customer all fees incurred in such proceedings.
PRODUCT AND AVAILABILITY
With constant sourcing of product and rapid developments in the electronics industry Mobile I-T Pro is constantly reviewing its product range. New products are added and Mobile I-T Pro reserves the right to discontinue any product or to change its design at any time. Mobile I-T Pro will not be liable in any circumstances for a failure to supply any product ordered by the Customer.
ORDERS
Mobile I-T Pro reserves the right to decline to trade with any company or person. To avoid duplication, written confirmation of telephone orders must be clearly marked “Confirmation only”. Mobile I-T Pro will not accept liability for orders not so marked and duplicate orders will be charged accordingly. Mobile I-T Pro will use reasonable endeavours to meet delivery estimates but in no circumstances shall it be liable to compensate the Customer for non-delivery or late delivery.
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ORDER AMENDMENT, SUSPENSION AND CANCELLATION
Orders can only be modified, suspended or cancelled after prior negotiation and agreement and the Customer must indemnify Mobile I-T Pro in respect of any expenses incurred by Mobile I-T Pro relating to the modification or cancellation of any order. A restocking fee of 20% will apply.
BACKORDERS – ACCOUNT CUSTOMERS ONLY
Products not in stock at the time of receipt of the order by Mobile I-T Pro, will automatically be placed on backorder, unless otherwise requested.
EXPORT ORDERS
Customers are responsible at their expense for obtaining any licence and complying with any export regulations in force within this country and the country for which products are destined. Payment of overseas export orders is via Pay Pal prior to good being despatched.
DELIVERY
In order to keep freight cost as low as possible, Mobile I-T Pro has negotiated low freight rates based on high volume. Mobile I-T Pro reserves the right to charge the freight cost to the Customer unless other arrangements have been pre-arranged. Mobile I-T Pro uses these preferred carriers unless specifically requested by the Customer. If the Customer requests a specific carrier, we cannot guarantee access to the despatch dock without prior notice. All freight costs for specific carriers cannot be prepaid; they must be “Freight Collect”. For “Freight Collect”, insurance responsibility for the products passes to the Customer once product has been passed to their carrier. Where Mobile I-T Pro are unable to supply a complete order from stock, this charge will only apply to the original despatch. All subsequent shipments to complete the order will be sent freight free.
INSPECTION, DEFECTS AND NON-DELIVERY
The Customer must inspect the products as soon as is reasonably possible after delivery and Mobile I-T Pro shall not be liable for any defect in the products or shortages in delivery unless written notice is given to Mobile I-T Pro within 3 days of delivery. Mobile I-T Pro does not write software comprised in the products and it is the Customer’s responsibility to check for the presence of computer viruses before the products are used. In the case of non-delivery, the Customer must notify Mobile I-T Pro immediately the invoice is received, otherwise no liability can be accepted. Any liability of Mobile I-T Pro for non-delivery or defective products shall be limited to, at Mobile I-T Pro’ discretion, replacing or repairing the products within a reasonable time or to refund any monies already paid in respect to the products. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception.
RETURNS
The Customer must contact the sales office prior to returning any products. The original invoice number and date of purchase must be supplied by the Customer. Any product returned must be received by Mobile I-T Pro within 7 days of the original delivery and must be undamaged and unaltered and in original packaging. Certain products (including software, books, and batteries) are excluded from the right of return and may not be returned under any circumstances. Products classified as static sensitive devices will only be accepted for return in exceptional circumstances and only where the Customer can prove to Mobile I-T Pro that the products have been handled correctly. The Customer accepts liability for all freight costs incurred in the return of products including warranty repair or replacement of faulty goods without exception and a restocking fee of 20% applies.
RETENTION OF TITLE
Title of goods shall only pass to the buyer following full payment of the relevant Mobile I-T Pro invoice. Mobile I-T Pro reserves the right to reclaim these goods from the Customer’s premises if the invoice is not paid within the terms of this contract and the Customer hereby gives consent for the authorised agent or representative of Mobile I-T Pro to enter the Customer’s premises for this purpose. The Customer shall not have any power to mortgage, charge or encumber the goods whilst in its possession or otherwise until payment in full has been made.
WARRANTY
Mobile I-T Pro will endeavour to transfer to the Customer the benefits of any warranty or guarantee given to it by the manufacturer of the products. Any defects which under proper use, appear in the goods within a period of three months ( unless otherwise stated by Mobile I-T Pro) and which are due to faulty materials, workmanship or design will be made good by Mobile I-T Pro either by repair or at Mobile I-T Pro’ discretion replacement ( which is Mobile I-T Pro’ sole obligation and the Customer’s sole remedy under this provision). Mobile I-T Pro shall not be liable for defective goods if the defect arises because the Customer has:
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Repaired or altered the goods without written consent of Mobile I-T Pro’ authorised officers or |
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Subjected the goods to conditions outside the manufacturer’s stated instructions on storage, usage, installation, use or maintenance. |
Any goods replaced or repaired under this clause will be guaranteed on these terms for any unexpired portion of the warranty period given on the original products.
LIABILITY
Mobile I-T Pro shall not be liable to the Customer for any indirect or consequential damages, loss, expense or claims for consequential compensation whatsoever which arises out of or in connection with any Contract. To the fullest extent permitted by law, the Customer releases Mobile I-T Pro and associated entities from and against all liability whatsoever for any injury, loss or damage sustained by the buyer howsoever arising.
INTELLECTUAL PROPERTY RIGHTS
Any claim from the sale which may allege infringement of trade marks, trade names, patents, copy or property rights of other parties, shall be directed immediately by the buyer to Mobile I-T Pro and the buyer will give every assistance to Mobile I-T Pro in connection with such claim. The buyer will not itself, deal with, or compromise any claim which may occur.
PRIVACY
Mobile I-T Pro endeavours to protect your privacy by:
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Only collecting information from those with whom we deal which is necessary for our business to adequately service our customers. |
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Except where the law says otherwise, the only external organisations having access to this information are approved mailing houses which mail our marketing material to our customers or credit card/credit reference companies for finance approval. |
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We do not use any personal information we have collected for any other purposes without seeking the individual’s permission. |
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We will take reasonable steps to ensure personal information is accurate and complete by contacting our customers and updating our records on a yearly basis. |
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We will hold the information indefinitely so future marketing material can be sent to the individual. If you do not wish to receive this material in the future, please email mobileitpro.co.nz |
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Personal information will not be disclosed to any organisation or individual who has not given a commitment to deal with such information in a way, which is consistent with the National Privacy Principles. |
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All information is securely held by the organisation to prevent tampering, interference by outside sources or unauthorised use by employees or agents of the organisation. |
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Individuals can access the information that our organisation holds on them in accordance with the National Privacy Principles. |
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If an individual believes the information we hold on them is not accurate they have the right to apply to the organisation to have that information corrected. |
DISCLAIMER
Specification and particulars in relation to products referred to in Mobile I-T Pro’ website are subject to change without prior notice. Some photographs contain samples units and shipment product may vary in colour and look. Mobile I-T Pro will not be held liable for any errors or omissions.
FORCE MAJEURE
Mobile I-T Pro will not be in breach of its contact with the customer for any delays in performing, or failure to perform, its obligations under these terms and conditions if delays or failure were due to any cause or circumstance beyond Mobile I-T Pro’ reasonable control (which shall include, but not be limited to, government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, labour disputes or the inability to obtain or a delay in obtaining supplies of products). Mobile I-T Pro may, as its option delay the performance of, or cancel the whole or any part of a Contract.
RELATIONSHIP
During the term hereof, the relationship between Mobile I-T Pro and the buyer is that of vendor and purchaser. The buyer, its agents, employees, and dealers, under no circumstances will be deemed to be agents or representatives of Mobile I-T Pro, nor will any of them have the right to enter into any contracts or commitments in the name of Mobile I-T Pro or otherwise to bind or commit Mobile I-T Pro.
JURISDICTION
This agreement shall be governed by the law of New Zealand. The parties to submit all disputes to the exclusive jurisdiction of the courts of New Zealand.
