Terms and Conditions of Trade
MOBILE SYSTEMS LIMITED
Unless otherwise agreed in writing and signed on behalf of Mobile Systems Limited all orders and offers made by a purchaser (hereinafter referred to as “the Customer”) for goods and services to be supplied by Mobile Systems Limited shall be subject to the following Terms and Conditions.
By accessing, browsing or using the Mobile Systems Limited website, the customer acknowledge and agree to the Terms & Conditions, as well as any relevant disclaimers contained herein. Further, by continuing, the customer acknowledge that they have read, understood and accepted these Terms & Conditions. By purchasing a product from the Mobile Systems Limited website, the customer agree to be bound by these Terms & Conditions.
(a) All prices are shown in New Zealand Dollars (NZD) and exclude GST unless otherwise specified.
(b) The price for goods or services shall be at Mobile Systems Limited current list price or current quoted price (as the case may be) and at the date of which the order is accepted by Mobile Systems Limited. Any delivery cost will be the subject to a separate charge.
(c) Mobile Systems Limited reserves the right to alter prices for any reason. If this should happen after the customer have ordered a product, Mobile Systems Limited will contact the customer prior to processing the order.
(a) All payments are due in cash upon delivery unless a credit account has been approved, in which case payment is due within 7 days of invoice unless other terms have been agreed in writing.
(b) If the Customer fails to make payment within 14 days of the due date for payment then Mobile Systems Limited, in addition to any other remedy, reserves the right to charge penalty interest at the rate of 15% per annum calculated daily on the amount unpaid from the due date until the date of payment.
(c) The Customer shall be liable for all costs of collection and legal fees incurred by Mobile Systems Limited in recovering amounts payable hereunder.
3. ORDERS, MODIFYING ORDERS and CANCELLING ORDERS
(a) By placing an order on the Mobile Systems Limited website, the customer agree to accept the terms and price specified on this website. This offer may be accepted or rejected by Mobile Systems Limited for any reason, including, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. The customer contract with Mobile Systems Limited will only come into existence when they have fully paid for the order and Mobile Systems Limited provides confirmation that the order has been accepted. Confirmation of the order will be sent via email to the elected email address.
(b) The customer are able to view the contents and the total amount in the shopping cart before they place the order with Mobile Systems Limited. Once the order has been submitted successfully the customer will receive the order confirmation via email. No further changes to the order can be made. A separate order would need to be completed should the customer wish to add any additional products.
(c) Should the customer wish to cancel the order altogether once they have received the Order Confirmation Email, the customer must contact us immediately. Depending on what stage of the packing and delivery process the order is at, Mobile Systems Limited reserves the right to deduct a 10% handling and administration fee.
(a) Goods may be delivered in instalments at different times, each shipment or delivery will be considered a separate contract and paid for accordingly.
(b) The Customer is not entitled to reject goods or claim damages for late delivery due to circumstances or happenings of any kind beyond Mobile Systems Limited control and in any case the Customer is bound to accept goods if delivery is made within a reasonable time after the date stipulated.
(a) Any credits for returned goods are at Mobile Systems Limited sole discretion. The Customer must request credit in writing within 14 days of dispatch stating reason for credit request and including the copies of invoices. At Mobile Systems Limited discretion a credit authorisation may be issued upon which the Customer must return the goods, freight paid and in original condition and packaging including documentation and invoices to Mobile Systems Limited. Goods will not be accepted back without prior credit authorisation.
(b) Non-Standard or specially developed products supplied by Mobile Systems Limited may not be returned.
6. ERRORS AND OMISSIONS
Mobile Systems Limited are not responsible for any typographical erros or inaccuracies set forth in the website. The information, prices and discounts set forth herein are subject to change without notice. If there are any changes after you have ordered a product, we will contact you prior to processing your order.
7. OWNERSHIP AND RISK
(a) Risk in the goods but not title shall pass to the Customer or the Customer’s agent on delivery and until payment in full is received, the Customer shall keep the goods fully insured, safely and separately stored and in such a state as they may be clearly identified from the goods of other suppliers or its own property.
(b) The property in the goods delivered will not pass to the Customer until all monies owed by the Customer in respect of those goods and in respect of any other goods or services supplied by Mobile Systems Limited to the Customer have been paid in full.
(c) Until all monies owing by the Customer to Mobile Systems Limited are paid to Mobile Systems Limited the Customer shall remain at all times a bailee of the goods for Mobile Systems Limited and should the Customer sell the goods before the Customer has paid Mobile Systems Limited for them in full then the proceeds of sale shall be held by the Customer in trust for Mobile Systems Limited and shall not be placed in a separate Bank Account (which shall be kept in credit at all times) and applied in repayment or reduction of any amounts owing to Mobile Systems Limited.
(d) While the monies remain owing to Mobile Systems Limited pursuant to these conditions, Mobile Systems Limited or its agents are hereby authorised to come onto any premises where the goods are located (by the Customer’s premises or the premises of others) for the purpose of inspecting goods and on expiry or termination period of credit for the purpose of regaining possession of the goods and the Customer shall hereby indemnify Mobile Systems Limited for any loss, damages or costs incurred by Mobile Systems Limited in regaining possession of the goods.
(e) If the Customer fails to observe or perform any of these terms and conditions or the Customer, being an incorporated company, ceases or threatens to cease to carry on business or if in the opinion of Mobile Systems Limited the Customer is unable to pay the Customer’s debts or is likely to go into liquidation or receivership then the period of credit is immediately determined and all monies owing by the Customer of Mobile Systems Limited shall be due immediately and Mobile Systems Limited or it’s servants and agents may immediately without giving the Customer any notice or waiting any time, retake possession of goods supplied.
(f) Pending transfer of property to the Customer the Customer may sell the goods but only in accordance with the customer’s ordinary and usual business practices and not by the way of sales of part or all of its business.
(a) Warranty claims must be submitted in writing to Mobile Systems Limited:
(i) In the case of defects which are reasonably discoverable upon examination of the goods, within (7) days of delivery of the goods; or
(ii) In the case of other defects, within (7) days of the date when such defect is reasonably discoverable and in any event within twelve (12) months after delivery.
(b) Where goods fail to comply with the terms of warranty, then subject to receipt of such product, Mobile Systems Limited shall satisfy its liability under the warranty by Mobile Systems Limited (at its election):
(i) Repairing the product by correcting the non-conformance.
(ii) Replacing the equipment or,
(iii) Refunding the purchase price.
(c) Mobile Systems Limited’s warranty will be void in respect of equipment which in Mobile Systems Limited reasonable opinion, has been subject to unauthorised repair, improper installation by third party, neglect, misuse or operation in environmental conditions outside of specified safe operating extremes.
(d) In the case of products supplied by Mobile Systems Limited the warranty shall be limited to the terms of warranty offered by the manufacturer of such product (if any) and is subject to Mobile Systems Limited ability to enforce the terms of such manufacturers warranty after sales by Mobile Systems Limited to the Customer.
9. EXTENT OF LIABILITY
(a) Except as expressly stated in clause 6 herein, Mobile Systems Limited shall not be liable in contract or otherwise to the purchaser or any person claiming through the purchaser for any loss, damage, expense, injury of any sort whatsoever and whether consequential, direct or indirect or otherwise howsoever arising out of or in connection with installation, suitability, use or failure of the products or equipment sold or any defect in them arising out of any other cause whatsoever.
(b) Mobile Systems Limited does not warrant the functions contained in the equipment will meet the user’s requirements or that the operation of the equipment will be interrupted or error free.
(c) Except as expressly provided to the contrary in this agreement, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to this equipment or to this agreement are excluded.
(d) Where any legislation implies any term and that legislation prohibits contracting out of the term, then that term shall be included in this agreement and subject to that legislation, the ability of Mobile Systems Limited for breach of that term shall be limited to the terms set out in clause 8(a)-(d) & 9(a).
(e) The Customer acknowledges that the goods and services supplied by Mobile Systems Limited are supplied for business purposes and accordingly, the Consumer Guarantees Act 1993 shall not apply.
10. EXPORT CONTROL
(a) The Customer warrants that any design or instruction furnished to Mobile Systems Limited will not be such as will cause Mobile Systems Limited to infringe any patent, copyright, registered design or trademark in the execution of the Customer’s order.
(b) The sale and purchase of the goods does not confer on the Customer any license or rights under any patents, trademarks, designs or copyrights the property of Mobile Systems Limited or any Mobile Systems Limited supplier.
11. SOFTWARE LICENSE TERMS
Whereas Mobile Systems Limited equipment may include in its packaging standard software licenses (to be entered into between the Customer or an end purchaser from the Customer as licensee and the software supplier as licensor), the Customer acknowledges Mobile Systems Limited has no obligation to the Customer in relation to such licenses and the Customer indemnifies Mobile Systems Limited for breach of such license (if any) if the Customer becomes licensee under such license. If the Customer on sells such equipment the Customer will ensure it’s purchaser is made aware of the terms of the suppliers license agreement included with the equipment packaging.
(a) Mobile Systems Limited may alter its terms and conditions of supply at any time whereupon the amended terms will apply to orders made after the notification of the amendments.
(b) Mobile Systems Limited may amend the Terms and Conditions of the contract by giving the customer notice in writing.
It is natural for those new to electronic purchasing to be concerned about security of personal and credit card details. In reality, a commerce transaction on the Internet is significantly more secure than a similar telephone transaction or handling your credit card over a counter in a store. When you purchase using our DPS secure online credit card facility, you can be confident that all of your details are protected by the latest security mechanisms and are used only for the purpose of the transaction fulfilment.
14. PRIVACY ACT
The Customer authorises any person or company to provide Mobile Systems Limited with such information as Mobile Systems Limited may require in response to all Mobile Systems Limited credit enquiries. I / We further authorise Mobile Systems Limited to furnish to any third party details of this application any subsequent dealings that I / We may have with Mobile Systems Limited as a result of the application being actioned by Mobile Systems Limited.
Mobile Systems reserve the right to pass on price increases beyond our control due to supply and circumstances. Prices and availability are subject to change without notice. While we strive for accuracy, mistakes happen. In the event of an incorrect price on a proposal/quote or order, you will be notified and given the option to accept the corrected price or cancel the order. Prices may also vary according to manufacturers and their models. Where applicable and without a site visit prior to installation, any estimate is not guaranteed. The price named in the estimate approximates the project requirements as described by the customer and cannot be relied upon by Mobile Systems Limited without undertaking a site survey. Mobile Systems Limited reserve the right to invoice additional costs outside of the scope of the estimate and as described by the customer.