Terms & Conditions

1) Definitions
In these terms:
"Customer" means the person, business or company that is the purchaser of the Products;
"Products" means any products (including software) or services (where applicable) supplied to Customer by AOCNZ and described in AOCNZ's invoice;
"Sales Contract" means any sales contract or distribution agreement entered into by Customer and AOCNZ in respect of the Products and services supplied to Customer in which these Terms are deemed to be incorporated; and
AOCNZ means Alpha & Omega Computers New Zealand.

2) Orders
1. All orders for Products placed by Customer:
a) are subject to acceptance by AOCNZ, and no order will be deemed to have been accepted by AOCNZ unless Products are supplied or a back-order or delivery delay is confirmed in writing by an authorised representative of AOCNZ to Customer.
2. AOCNZ may reject any order placed by Customer if there is an insufficient supply of Products which prevents AOCNZ from being able to fulfil such order.
3. AOCNZ will not be bound by any terms attaching to Customer's order and, unless those terms are expressly agreed to in writing by an authorised representative of AOCNZ, Customer agrees that those terms are hereby excluded.

3) Payment
1. The price of the Products will be according to AOCNZ's stated price from the website and/or quoted price.
2. Payment is required prior to delivery of the Products to Customer unless agreed otherwise in writing by an authorised officer of AOCNZ. If Customer fails to make payment in accordance to AOCNZ's terms and conditions after demand for payment, all amounts owing by Customer to AOCNZ on any account will immediately become due and payable together with legal costs of enforcement.
3. AOCNZ may, in its sole discretion:
a) suspend the provision of credit to Customer until all amounts owing are paid for in full; and
b) from time to time and at any time, vary or cancel any credit facility it makes available to Customer.
c) Customer will be liable to pay interest on any overdue amount at the annual rate of 2% above the prevailing base lending rate quoted by our Banking Corporation. Interest will accrue daily from the date payment became overdue until AOCNZ has received payment of the overdue amount, together with any interest accrued.
d) Unless stated otherwise in these Terms (or in writing by AOCNZ's authorised representative), all prices quoted for Products are exclusive of all taxes, handling fee, delivery, agents' charges and any other charge, duty or impost.
e) Customer must pay AOCNZ, on demand, any tax (other than income tax) payable under these Terms, any matter or thing done under these Terms or any payment, receipt or other transaction contemplated by these Terms, including any goods and services, customs duty, sales tax, other duty, governmental charge, fee, levy, together with any fine, penalty or interest payable because of a default by Customer.
f) Ownership of the product(s) remains with AOCNZ and does not pass to the customer until the customer has made all payments in full.
g) Customer shall pay the full amount due to AOCNZ under this clause and shall not deduct from that amount any tax in relation to purchase of the Products. Customer shall reimburse AOCNZ for any taxes AOCNZ pays on its behalf.

4) Delivery
1. Delivery times advised to Customer are estimates only and AOCNZ will not be liable for any loss, damage or delay suffered or incurred by Customer or its customers arising from late or non-delivery of the Products.
2. Delivery address is in accordance with the registration provided by the customer. Any change to this address must be in writing and confirmed by AOCNZ. AOCNZ accepts no responsibility for delivering a product incorrectly due to the information provided by the customer.
3. Part deliveries
a) AOCNZ may make part deliveries of any order, and each part delivery will constitute a separate supply of the Products upon these Terms.
4. All freight charges shall be at the expense of the customer unless otherwise confirmed and stated by AOCNZ in writing.

5) Software
1. To the extent that a Product supplied under these Terms is a software Product then, in addition to these Terms, that Product will be supplied subject to the terms and conditions of the relevant licence agreement applicable to it.
2. Customer agrees to use the software Product in accordance with the terms and conditions of the relevant licence agreement.
3. AOCNZ does not guarantee that any third party software will be compatible with any hardware supplied by AOCNZ unless agreed expressly in writing by AOCNZ.
4. Where the term "supply" is used in these Terms to refer to a software Product, such term means the sale and purchase of the licence to use that software Product.
5. Due to copyright regulations, software cannot be returned for credit under any circumstance, unless AOCNZ has agreed prior to purchase.

6) Inspection and acceptance
1. Customer must:
a) in the case of all Products ordered (other than software Products), inspect such Products upon delivery to the delivery address provided by the customer; or,
b) inspect the Goods on delivery and shall within 24 Hours of delivery notify AOCNZ, in writing, of any alleged defect, damage or failure to comply with description or sample. The Customer shall give AOCNZ an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Customer shall fail to comply with these terms, the goods will be deemed as accepted by the Customer.
c) AOCNZ will not be held liable for any defect that is caused by damage or movement from natural disasters or foundations on which the Goods and/or Services have been installed.

7) Title and risk
1. Products supplied by AOCNZ to Customer will be at Customer's risk immediately upon:
a) delivery of the Products to the Customer, or into the Customer's custody or control; or
b) collection of the Products by the Customer's nominated carrier or agent.
2. Customer must:
a) effect and maintain with a reputable insurance company insurance for the Products, at its cost, against all risks as it thinks appropriate;
b) note the interest of AOCNZ on the insurance policy; and
c) produce a certificate of currency of the insurance effected by Customer to AOCNZ, upon request.
3. Risk in the Products will remain with Customer at all times unless AOCNZ retakes possession of the Products.
4. Title in the Products supplied by AOCNZ to Customer will not pass to Customer and will remain the absolute property of AOCNZ until such time as AOCNZ has been paid by the Customer all charges due and owing in relation to any of the Customer's account(s). Title to those Products which are software remains with AOCNZ and/or the applicable third party licensor(s) at all times.
5. Until the Products have been paid for:
a) Customer must properly segregate and store the Products in such manner as to clearly indicate that they are the property of AOCNZ; and
b) If Customer has breached these Terms or the terms of any relevant Sales Contract, Customer authorises AOCNZ, at any time, to enter onto any premises upon which AOCNZ's Products are stored to enable AOCNZ to:
i. inspect the Products; and/or
ii. reclaim the Products.
6. If Customer disposes of or otherwise deals with Products or any part thereof before full payment has been received by AOCNZ, Customer must advise AOCNZ in writing, at such times as AOCNZ may request, specifying full details of the Products disposed of, utilised or otherwise dealt with. Regardless of Customer actions, full payment must be paid by Customer to AOCNZ within an agreed time frame.
7. Customer acknowledges that in the case of software Products, any refusal or failure to pay may result in cancellation of the licence to use the software Product.
8. Customer agrees that the provisions of this clause 8 apply despite any arrangement under which AOCNZ grants credit to Customer.

8) Customer's cancellation
1. Customer may not cancel an order which has been accepted by AOCNZ unless an agreement in writing has been authorised by AOCNZ.
2. If Customer's right of cancellation is agreed to by AOCNZ in writing, the right must be exercised by notice in writing from Customer to AOCNZ not later than 7 days before the estimated date of shipment by the manufacturer or AOCNZ (as the case may be).
3. Unless otherwise agreed between Customer and AOCNZ, upon cancellation prior to shipment, any deposit paid by Customer will be forfeited to AOCNZ. If a deposit was not paid, a restocking fee of 25% of the order amount will be made payable by the Customer to AOCNZ.

9) Default of Customer
1. Without prejudice to any of AOCNZ's other rights under these Terms, if Customer fails to make any payment due to AOCNZ under these Terms, AOCNZ may, in its sole discretion, and without further liability to Customer:
a) refuse to make further supplies to Customer under the relevant Sales Contract; and/or
b) terminate the Sales/Service Contract without notice.
2. If a customer has not paid in full by the end of the second month after receiving products, the following shall apply: An immediate amount equivalent to 20% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.

10) Warranty
1. Products are covered by manufacturers' warranty. To the extent permitted by law, AOCNZ's entire responsibility with respect to warranties for the Products is to pass on to Customer the benefit of any such warranties. Such software Products are warranted in accordance with the relevant licence agreements governing their use.
2. To the extent permitted by law, the manufacturers' warranties referred to in clause 10(1) are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
3. AOCNZ is under no liability whatsoever unless stipulated in the manufacturer's warranty.
4. AOCNZ does not warrant that repair facilities or parts will be available in respect of any of the Products.

11) Consumer Guarantees Act 1993 ("the Act")
1. If the customer is not a consumer as defined in the Act or the customer acquires or holds itself out as acquiring the Goods under the Contract for the purposes of a business, nothing in the Act will apply to the supply of the Goods.
2. In the case of any customer (to which clause 14.1 does not apply), the provisions of these terms and conditions will only apply to the extent that those provisions do not limit or exclude any provisions of the Act and will take effect subject to the provisions of the Act.

12) Liability
1. To the extent permitted by law, AOCNZ will not be liable to Customer or any other person under any circumstances for any loss of use, profit, income, interest, goodwill or data, or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by Customer, whether such liability arises directly or indirectly as a result of:
a) any negligent act or error or willful misconduct of AOCNZ or its employees or agents;
b) the supply, performance or use of any Products or services; or
c) violation by AOCNZ of its obligations under these Terms or any relevant Sales Contract.
2. Data loss is not covered under AOCNZ warranties. We recommend that Customers undertake regular back-ups on a separate storage device, such as external hard-drive or DVD-RW. Please note that such storage device is not covered by a loss of data warranty either).

13) Credit assessment
1. If any Products are supplied to Customer on credit, AOCNZ may need to disclose to a credit reporting agency certain information referred to in clause 12(3) about Customer when assessing Customer's application for credit and managing Customer's account with AOCNZ. Customer authorises AOCNZ to disclose such information to a credit reporting agency for these purposes.
2. Customer agrees that AOCNZ may disclose a credit report to any credit provider, debt collecting agency or AOCNZ's insurers for the purposes of assessing Customer's creditworthiness or to collect any overdue payments (as the case may be).
3. AOCNZ may disclose the following information relating to Customer in accordance with AOCNZ's Privacy and Security statement (please refer to privacy and security page on AOCNZ website):
a) Customer's name and address;
b) credit limits on Customer's accounts;
c) the amount of any payments which are overdue for at least 30 days;
d) where an overdue payment has been previously reported, advice that the payment is no longer overdue;
e) Any method of payment including, but not limited to, cheques, electronic funds transfer, credit card payments which have been dishonoured;
f) information that, in the opinion of AOCNZ, Customer has committed a serious credit infringement; and
g) information that AOCNZ has ceased to supply the Products and services to Customer.
4. Customer agrees that AOCNZ may obtain information about Customer from any business which provides information about the commercial creditworthiness of persons for the purposes of assessing Customer's application to purchase the Products on credit and collecting any overdue amounts.
5. AOCNZ reserves the right to refuse supplying Products to a Customer on credit on the basis of AOCNZ's credit assessment of Customer.

14) Privacy
Refer to privacy and security page on AOCNZ website

15) Disclaimer
1. Customer acknowledges that:
a) all trademarks, copyright and other intellectual property rights ("Intellectual Property") embodied in or in connection with the Products and any related documentation, parts or software are the sole property of AOCNZ or its suppliers; and
b) all Intellectual Property of AOCNZ or its suppliers may only be used by Customer with the express written consent of AOCNZ or its suppliers, during the continuance of any relevant Sales Contract, and such consent extends only to use essential for the purposes stated in it.
2. Customer must not register or use any trade marks, trade name, domain name, trading style or commercial designation or design used by AOCNZ or its suppliers in connection with the Products.
3. Customer will cover AOCNZ against all liabilities, damages, costs and expenses which AOCNZ may suffer or sustain as a result of any work performed by AOCNZ in accordance with Customer's specifications or as a result of the combination or use of the Products with other equipment, parts or software not supplied by AOCNZ, and which results in the infringement of any Intellectual Property of any party.

16) Confidentiality
1. Customer acknowledges that AOCNZ has disclosed and may from time to time disclose to Customer certain confidential information and documentation of AOCNZ relating to the Products, their marketing, use, maintenance and software, including technical specifications ("Confidential Information").
2. Subject to clause 16(3), Customer must:
a) only use the Confidential Information solely for the purposes mentioned under any relevant Sales Contract; and
b) not, during the continuation of such Sales Contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information, other than is required to carry out such purposes.
3. If disclosure of Confidential Information to third parties is necessary, Customer will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as Customer is bound to protect AOCNZ's Confidential Information under this clause 16.
4. Upon the expiry or termination of any relevant Sales Contract, Customer must cease to use and must return or destroy (as AOCNZ may instruct) AOCNZ's Confidential Information in its possession or control. The requirements of this clause 16 do not extend to any information which is:
a) at the time of disclosure, rightfully known to or in the possession or control of Customer and which is not subject to an obligation or confidentiality;
b) public knowledge (otherwise than as a result of a breach of this clause 16 or any other obligation of confidentiality);
c) approved in writing by an authorised officer of AOCNZ to be disclosed; or
d) required to be disclosed by a government authority or by relevant laws provided that notice of any such required disclosure is first given to AOCNZ.

17) General
1. The terms and conditions for AOCNZ 's website is subject to change at any time without any notice.
2. Customer acknowledges that certain Products may be subject to license requirements or other restrictions specific to certain transactions. Where applicable, Customer agrees to be bound by any such terms and conditions and/or restrictions and shall indemnify AOCNZ suppliers for any liability suffered by it arising from Customer's breach.
3. Customer may not assign or attempt to assign any of its rights and obligations under these Terms.
4. The pricing on AOCNZ website is subject to change at any time without any notice. AOCNZ reserves the right to revise our prices at any time prior to accepting Customer's order.
5. Purchase prices are given in New Zealand dollars unless otherwise stated.
6. These Terms are governed by the laws of New Zealand.
7. AOCNZ 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 AOCNZ's administrative processes, errors (if any) may be discovered up to 30 days after the goods has been delivered to the Customer.