1. Definitions
1.1  "Seller" shall mean Total Quality Solutions Ltd and its successors and assigns.
1.2  "Buyer" shall mean the buyer or any person acting on behalf of and with the authority of the buyer.
1.3  "Guarantor" means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer if a Limited Liability Seller on a principal debtor basis.
1.4  "Goods" shall have the same meaning as in section 2 of the Sale of Goods Act 1908 and are goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).
1.5  "Services" shall mean all services supplied by the Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined supra).
1.6     "Price" shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.

2. Acceptance
2.1  Any instructions received by the Seller from the Buyer for the supply of Goods shall constitute acceptance of the terms and conditions contained herein.
2.2  Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.
2.3  Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of  the seller.

3. Goods / Services
3.1 The Goods and/or Services are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.

4. Price & Payment                                                                                       
4.1  The Prices on this website are in NZD dollars and exclusive of GST and Freight, unless otherwise stated. Any additional charges will be notified separately in any quotation given by the Seller.
4.2 The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied.
4.3  Time for payment for the Goods/Services shall be of the essence. Goods purchased on this website are payable at the time of purchase, during the Checkout process. In the event of orders sent by email the Seller may withhold delivery of the Goods until the Buyer has paid for them, in which event payment shall be made before the delivery date.
4.4  At the Seller’s sole discretion, payment for approved Buyers shall be due on 20th day of each month following the posting of an invoice to the Buyer’s address or address for notices.
4.5  Payment will be made by cash, or cheque, or bank cheque, or credit card, or direct credit, or any other method as agreed to between the Buyer and the Seller.
4.6. Prices on this website are discounted prices and may not be used in conjunction with other promotions or incentives unless specifically stated. In the case of trade in, any trade in incentives will be based on the RRP or SRP of the item(s) involved in the trade in transaction.
5. Delivery Of Goods
5.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Seller’s address.
5.2 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.4 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

6. Risk
6.1 If the Seller retains property in the Goods nonetheless all risk for the Goods passes to the Buyer on delivery.
6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods. This applies whether or not the Price has become payable under these terms and conditions.  The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

7. Defects & Returns
7.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way.  If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.
7.2 For defective Goods which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that:           
(a)  the Buyer has complied with the provisions of clause 8.1;
(b)  the Goods are returned at the Buyer’s cost within fourteen (14) days of the delivery date;
(c)  the Seller will not be liable for Goods which have not been stored or used in a proper manner;
(d)  the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.
7.3  The Seller may accept the Goods for credit but this may incur a handling fee of the returned Goods plus any freight.

8. Warranty
8.1 For Goods not manufactured by the Seller the warranty shall be the current warranty provided by the manufacturer of the Goods.  In lieu of any warranty, conditions, 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 12 months of the date of supply, provided always that such defective parts are promptly returned to the Seller, unless otherwise arranged. The Seller shall not be liable for consequential, indirect or special damages or loss of profits under any circumstances.

9. Default & Consequences Of Default
9.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.0% per calendar month and shall accrue at such a rate after as well as before any judgement.
9.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all costs associated with debt collection.
9.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions.  The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
9.4 In the event that:
(a)  any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or
(b)  the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c)  a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer;           then without prejudice to the Seller’s other remedies at law
(i)   the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
(ii)  all amounts owing to the Seller shall, whether or not due for payment, immediately become payable.

10. Title
10.1 It is the intention of the Seller and agreed by the Buyer that property in the Goods shall not pass until
(a)  The Buyer has paid all amounts owing for the particular Goods, and
(b)  The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until the Seller shall have received payment and all other obligations of the Buyer are met.
10.2  It is further agreed that:
(a)  until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller.  Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease.

11. Bank Account Details
For direct credit payments for good purchased on the TQS website, please make payment to the following account. Once monies have been received your order will be dispatched.
Account Name: Total Quality Solutions Ltd
Bank: Westpac, Ponsonby Branch, Auckland
Bank Account Number: 03 1512 0029426 00

12. E&OE
While every attempt is made to ensure the information provided is accurate, specifications change from time to time and we are not liable for any omissions or errors either on this website or in third party websites linked to information from this website.

HP Notebook Projection Companion
Price: $743.65
(excl. GST)
R400 Wireless Presenter
Price: $60.75
(excl. GST)