Terms & Conditions
Terms & Conditions
- All prices (unless specified) exclude GST and exclude freight, and
are subject to change without notice (Error & Omissions Excepted).
- The purchase price is for goods supplied and packed, and is exclusive of installation and maintenance unless otherwise stated.
- The price you pay will be increased by the amount of GST, other
taxes and duties which may be applicable and insurance/freight/handling
charges (except to the extent already expressly included in the price).
- We can revise our prices at any time prior to accepting your order.
- Purchase prices are given in New Zealand dollars unless otherwise stated.
- You are bound to pay us the price once we accept your order. A
quotation does not give rise to a binding contract until you place an
order which we subsequently accept.
- Electronic Banking, Direct Credit or Telephone Transfer:
Bank: ASB Bank
Account Name: Exceeding International Ltd.
Account number: 12-3119-0222237-00
- Please ensure the auction number is used as a reference against the
deposit. If you do not put the auction reference number against the
deposit this will take longer for your goods to be dispatched.
- Credit card (We accept Visa and Mastercard on all auctions. Our
‘after auction’ email will provide details on how to do this via
- Payment must be made within 3 days of auction/sale finishing.
Unless otherwise stated in our listings ALL of our products sold come
with a written warranty period (return to base at purchasers cost)
which will vary depending on the item purchased (excluding battery or
software issues on complete units). If you have an issue please contacts
us during business hours and we will handle the situation from there.
We will cover fastway courier costs that may be incurred in the unlikely
event you receive an item and it is faulty upon receipt, however under
normal warranty claims returning of the faulty item will be at your
expense. We will repair replace or refund at our discretion.
- Our preferred shipping courier is Fastway Courier
(www.fastway.co.nz) Most items arrive overnight, though south island
deliveries can take a extra day or so. Please DO NOT sign for your goods
until you have inspected the contents. Any goods signed for that are
later found to be damaged cannot be claimed on. If your goods do arrive
damaged, DO NOT sign and contact us immediately. Tracking numbers are
emailed to you upon payment of goods and goods being shipped from our
- Where we agree to transport the goods to a specified place, we will
deliver, or arrange delivery of, the goods to that place. Except where
otherwise agreed, you will pay for all resulting transportation costs.
- If no place of delivery is specified, delivery shall take place at
the time when the goods are made available for dispatch at our premises.
- We can deliver the goods by installments, and each installment shall be treated as a separate contract.
- Any time stated for delivery is an estimate only. No claim shall be
made by you on account of late shipment, or delivery however caused.
- All freight charges shall be at your cost unless otherwise agreed and stated.
Returns and Cancelled orders
- All goods to be returned must have a Goods Return Authority issued
by us. The issue of a Goods Return Authority does not guarantee that we
will accept the return.
- Where a faulty product is returned and you have requested a Goods
Return Authority within 7 working days of dispatch, and the returned
product has not been used or opened or otherwise deemed unsalable by us
you will be credited in full unless the return is due to an error by us.
Freight charges will not be credited under any circumstances.
- Faulty goods will be subject to the normal return procedures for the specific brand being returned.
- Non-faulty product will require a Goods Return Authority, must be
in saleable condition, and will be subject to a minimum 10% restocking
fee. Freight charges will not be credited under any circumstances.
- You will be liable for all delivery and insurance charges incurred in respect of returned goods.
Risk and ownership
- Risk of any loss, damage or deterioration of or to the goods passes to you on delivery.
- Ownership of the goods remains with us and does not pass to you
until you pay all amounts you owe to us or resell the goods in
accordance with these terms.
- While ownership of the goods remains with us:
- You must store them separately or clearly identify them as belonging to us.
- We authorize you in the ordinary course of your
business to use the goods or sell them for full consideration. This
authority is revoked from the earlier of the following:
- we deem your credit to be unsatisfactory; the occurrence of an
Event of Default; or the time that we notify you in writing that this
authority is revoked.
- We can enter the premises where the goods are stored and remove
them without being responsible for any damage caused in doing so. We can
resell any of the goods and apply the proceeds of sale in reduction of
amounts you owe to us.
- If you resell or use the goods before ownership of the goods has
passed to you, the proceeds of such sale or use shall be received and
held by you (in whatever form) in trust for both you and us. Our
interest as beneficiary under that trust shall be that portion of the
proceeds which does not exceed all amounts you owe us. You will be
entitled to the balance of the proceeds.
- We can bring an action for the price of the goods sold even where ownership of the goods may not have passed to you.
Where the Consumer Guarantees Act 1993 ("Act") applies: If the goods
are acquired by you for business purposes you agree that the Act does
If you on-supply goods you must: do so on the basis that the Act does
not apply where the goods are on-supplied for business purposes; and
notify consumers that neither we nor any manufacturer undertake that
repair facilities or spare parts will be available.
You acknowledge that no Express Guarantees (as defined in the Act) are provided.
If a claim is made directly against us by a consumer under the Act
then you will refund to us the amount of any damages (up to the value of
the margin you made on the goods in question) we are required to pay to
that consumer under the Act.
Nothing in these terms is intended to have the effect of contracting
out of the provisions of the Act except to the extent permitted by the
Except as otherwise required or prevented by law or except as
expressly provided under these terms, we are not liable for any claim in
relation to any goods we supply to you (including as a result of
negligence or otherwise) and all representations, guarantees, warranties
and terms of whatever nature (including fitness for purpose) are
Repairs and replacements
We do not undertake that repair facilities and parts will be
available for the goods. We will not be liable to repair or replace any
defective goods and at our own discretion we may: notify the
manufacturer of the goods of any defect notified by you; and request the
manufacturer to repair or replace any defective goods.
- If you do not pay the price by due date, we may charge a default
penalty at a rate of 2.5% per month calculated on a daily basis on the
unpaid portion of the price from the due date until payment in full,
plus any GST.
- You will, on demand, pay to us any amount we incur (including
solicitors' and collection agency costs, court costs and disbursements)
in recovering payment of any overdue account.
- If an Event of Default occurs, we may suspend or terminate any contract with you.
- If an Event of Default occurs, all amounts you owe us shall
immediately become due and payable notwithstanding that the due date has
- An "Event of Default" means an event where:
- you fail to comply with the terms of any contract with us; or
- you commit an act of bankruptcy; or
- you enter into any composition or arrangement with your creditors; or
- if you are a company:
- you do anything which would make you liable to be put into liquidation; or
- a resolution is passed or an application is made for liquidation; or
- a receiver or statutory manager is appointed over all or any of your assets.
Use of information
- You agree that we (or other members of our group of companies) may
obtain information about you from you or any other person (including any
credit or debt collection agencies) in the course of our business, and
you consent to any person providing us with such information.
- You agree that we may give any information we have about you
relating to your credit worthiness to any other person, including any
credit or debt collection agency, for credit assessment and debt
- You must notify us of any change in circumstances that may affect
the accuracy of the information you provided to us or our group of
companies. (If you are an individual, i.e. a natural person, you have
rights under the Privacy Act 1993 to access and request the correction
of any personal information that we hold about you).
- We shall not be liable for any delays or failure in complying with
any obligation imposed on us under any contract or for any loss or
damage (including indirect or consequential loss of profits, data or
damage) as claimed by you.
- Should any liability in relation to this agreement (or the goods
supplied under this agreement) be imposed on Unisys for any reason, our
total liability to you is limited to the price of those goods and
services supplied by us to which the liability relates. We will not, in
any case, be liable for any consequential or special damages, including
loss of business profits.
- If we are unable to provide our obligations under the terms of this
agreement by reason of strike, lock-out, riot, industrial action, fire,
storm, operation of law or other cause beyond our control, then we are
released from our obligations under this agreement.
You hereby indemnify and will keep us indemnified against all
obligations and liabilities incurred by an act or omission by you in
relation to this agreement.
We have the right to cancel this agreement (without prejudice to any of its rights) immediately upon any of the events:
- If you cease or threaten to cease to carry on business; or
- If a receiver or similar officer is appointed in respect of all or
any assets belonging to you, or you are unable to pay your debts when
they fall due, enter into a scheme with your creditors or any steps are
taken to place you into liquidation; or
- If you commit a breach of this agreement and the breach is not remedied within 14 days of notification of the breach by us.
Upon termination we will be entitled to repossess and resell any unpaid
goods within the term of terms risk and ownership. Termination shall not
relieve you from any liability or responsibility that has arisen before
the date of termination.
These terms apply to all transactions where we supply goods to you.
This agreement supersedes the terms of all prior agreements,
understandings, representations or warranties previously given by us or
any agent of PB Technologies Ltd in respect of goods.
If there is any inconsistency between these terms and any order
submitted by you or any other arrangement with us, these terms prevail
unless otherwise agreed by us in writing.
If at any time any provision of this agreement becomes illegal,
invalid or unenforceable neither the legal validity nor enforceability
of the remaining provisions shall in any way be affected or impaired.
If we exercise or fail to exercise any right or remedy available to
us, this shall not prejudice our rights in exercising that or any other
right or remedy. Waiver of any term of the contract must be specified in
writing by us and signed by an authorised person.
You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
This contract and its terms are governed by, and shall be construed
in accordance with, the laws of New Zealand. Both parties submit to the
exclusive jurisdiction of the courts of New Zealand.