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Terms and Conditions

Please read the following Terms and Conditions.

These terms and conditions apply to all orders received by 1stWave Technologies online or offline. By placing the order for goods customers are deemed to accept the terms and conditions of sale. Please note that these terms and conditions may be updated without notice, so the customer should re-read them before each time you order the product.

Definitions

"1STWAVE TECHNOLOGIES" means 1STWAVE TECHNOLOGIES Limited also referred to as "we" or "us" in these terms and conditions.
2. "You" and "your" means the customer who purchased any goods from "1stWave Technologies" website.
3. "Business days" means Monday to Friday, excluding Bank or other Public holidays.

I. PRICE

1. The price for any goods stated by the website is inclusive of GST (15%).
2. We may alter our prices without prior notice. For all prices, products and offers, we reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. The customer must confirm the price before ordering.
3. The purchase price is for goods supplied and packed and is exclusive of freight, insurance and installation.
4. Purchase prices are given in New Zealand dollars and we only accept payment by New Zealand dollars .

II. PAYMENT

1. Payment may be made by Cheque, Direct Deposit, Online Banking Transfer or Telegraphic Transfer.
2. Orders will be processed only after receiving the proof of payment by Direct Deposit or Telegraphic Transfer into the bank account of 1stWave Technologies Ltd. For the payment by personal cheque, it will take 5 (five) business days to clear the cheque after we receive it.
3. Customers are required to pay the Company in full in advance for any goods.
4. The goods will be dispatched to the customer when the payment has been authorised.

III. LAYBY

We offer layby, 26 weeks max to pay off after 10% deposit. No interest is charged, the goods will be released once fully paid. If you change your mind or give up the order, the 10% deposit is NOT refundable.

IV. ORDERS

1. Place your order online through this website or by email.
2. All orders are subject to acceptance and to availability of the goods ordered: 1stWave technologies Ltd is entitled to refuse any order placed by you.
3. Order can only be kept 1 WEEK unless special arrangement made between customers and us. If the payment is not received within this week, the order will be canceled.

V. WARRANTY

1. All goods sold on this website are 1 Year RTB ( Return To Base ) warranty if there is no special indication. Warranty will not cover the damage to other equipment used in conjunction with this unit.
2. All goods sold on this website are well known international brand products manufactured by multinational corporations and distributed in New Zealand by accredited distributors. All products purchased from 1stWave Technologies Ltd are covered by the manufacturer's warranty. Please contact the manufacturer if you have any questions or doubts.
3. 1stWave Technologies Ltd. is not responsible for any acts of the manufacturer or its agents including any failure by the manufacturer to replace or repair any of the good which are the subject of the manufacturer's warranty.

VI. RETRUNS

1. Software: Only unopened packaged software is returnable up to 7 days from the date of invoice. Please make sure the software is compatible and will work with your system before opening it. All opened software is not returnable. Software licensing products are considered special order items, and are not returnable for any reason. Product will be credited for the current price of the product at the time of return.
2. Hardware: If the supplier's factory seal is intact, you may return any regularly stocked unopened product to 1stWave Direction Ltd within 7 days of the date of invoice for an exchange or refund (if permitted by manufacturer's return policy and if an approved RMA# is issued). If the product purchased was a special order, and not part of our regular inventory it is not returnable. Product will be credited for the current price of the product at the time of return.
3. Returned products must be complete and in the original manufacturer's packaging. The box must include all bar codes, stickers, and original markings (including those needed to redeem manufacturers' rebates). Pack returns securely for your protection and to insure the products' safe return.
4. Shipping charges are not refundable. The customer is responsible for shipping charges, insurance, and duties on all return shipments, including defective products.
5. Some products are not returnable under any circumstances. Please read the important exceptions outlined below.

* Items must be in original packaging, in all original boxes, packing materials, manuals, blank warranty cards and all other accessories and documentation provided by the manufacturer.
* All Shipping back to 1stWave technologies Ltd is paid for by the customer.
* Some products will be labeled "No Return" or has special discription on the invoice. These products need to be returned to manufacture only. 1stWave Technologies Ltd will not accept or be responsible for any defect or incompatibility issues with these products. All unauthorized returned products will be refused and shipped back to the sender. Please consult Manufacturer's website for compatibility and technical Specifications before placing or finalizing the order.
* If your return is Not due to our error, we will deduct the shipping costs from your refund.
* Consumables like Toner, Ink Cartridges, drum and paper are not returnable if the factory seal has been broken. These products must be directly sent to the manufacturer.
* Discontinued or end of life products can only be returned for repair. No refunds or exchanges will be made.

6. Returns could be made within 7 days from the date of invoice upon 15% restocking fee will be charged for such refund.
7. Returns could be made after 8 days up to 14 days from the date of invoice upon 25% restocking fee will be charged for such refund.

VII. Liability and Maintenance Guarantee

To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to any product or any information supplied to the buyer by the seller including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose.

To the maximum extent permitted by law, the sellers liability to the buyer (whether in contract, tort, or otherwise) for any loss, damage, or injury arising from any defect in, or non-compliance of, a product supplied to the buyer by the seller shall be limited to the price paid by the buyer for that product.

To the maximum extent permitted by law, the seller will not be liable (whether in contract, tort, or otherwise) for any loss of profits, or any indirect, incidental, consequential, or economic loss or damage (howsoever caused), which you may directly or indirectly suffer in connection with the buyers access to, use of, or reliance upon, any product or any information supplied to the buyer by the seller.

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 6 months of the date of supply, provided always that such defective parts are promptly returned to the seller, unless otherwise arranged. All software is excluded from any such warranties.

At the termination of the appropriate period (ie guarantee period) 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.

VIII. 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).

IX. Errors or Ommissions

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 the 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.

X. Description of Products

Modifications and improvements to the seller's products are constantly being made.

Although the seller has endeavoured to ensure that the product and pricing information provided on its website is accurate, complete, and current, the seller does not provide any representations or warranties as to its accuracy, completeness or currency of information, and the seller shall not be responsible or liable for any inaccurate, incomplete, or out-of-date information on this website.

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.

XI. 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

XII 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.

XIII. Ownership and Risk

Ownership of all goods sold by the seller ("the goods") is retained by the seller until until the buyer has received the full price for the products and the applicable delivery charges. 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:

  1. Enable the goods to be readily identifiable as the property of the seller.
     
  2. 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.
     
  3. On a sale or other realisation of the goods the buyer shall identify and separately account for the proceeds of sale.

XIV. Personal Property Sercurities Act 1999

  • Until full payment has been received in respect of the goods supplied the buyer acknowledges and agrees that:
    1. These terms and conditions constitute a security agreement for the purposes of section 36 of the Personal Property Securities Act 1999; and
    2. 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:
    1. 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;
    2. 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;
    3. 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;
    4. 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
    5. 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

XV. Risk

Once the buyers order has been delivered to the buyer (or has otherwise been delivered in accordance with the buyer's delivery instructions), the buyer assumes full responsibility for and risk in the products.

XVI. Changes to these Conditions of Use

The seller reserves the right to change these Conditions of Use from time to time by publishing the changed terms on the seller's website. When revised Conditions of Use are published on this website, all orders submitted by the buyer after the revised Conditions of Use are published shall be subject to the revised Conditions of Use.

XVII. Severability

If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.

XVIII. Disputes and Governing Law

Any claim or dispute arising hereunder shall be subject to arbitration in accordance with the Arbitration Act 1996.

These Conditions of Use (and any contracts to which these Conditions of Use apply) shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Conditions of Use (and any contracts to which these Conditions of Use apply).

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