PRICE
All prices include GST in NZ dollor, 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.
 
Direct Credit or Bank Transfer:
Bank: ANZ Bank

Account name: CYETEK LIMITED 

Account number: 06-0229-0613489-00

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)
Payment must be made within 3 days of auction/sale finishing.
 
WARRANTIES
Unless otherwise stated in our listings ALL of our products sold come with a 6 months warranty period (return to base at purchasers cost) which will vary depending on the item purchased (excluding Battery, LCD Screen or software issues on complete units).
If you have an issue please contacts us during business hours (MON - FRI: 10.00 AM to 5.00 pm) and will handle the situation from there.
We will cover the 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.
 
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 unsaleable 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.
The 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.
 
GUARANTEES
Where the Consumer Guarantees Act 1993 ("Act") applies: If the goods are acquired by you for business purposes you agree that the Act does not apply.
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 undertakes 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 Act.
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 completely excluded.
 
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.

DEFAULT
If you do not pay the price by the 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 not arisen.
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 creditworthiness to any other person, including any credit or debt collection agency, for credit assessment and debt collection purposes.
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).
 
NO LIABILITY
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.
 
INDEMNITY
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.
 
CANCELLATION
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.
 
OTHER AGREEMENTS
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 CYETEK 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.
 
ASSIGNMENT
You may not transfer or assign all or any of your rights or obligations under this contract without our prior written consent.
 
GOVERNING LAW
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.