PCMaster Limited Terms and Conditions of Sale

Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and PCMaster Limited. The Customer accepts this Sale Agreement by making a purchase, placing an order, orotherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "PCM" shall relate to PCMaster Limited and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and PCMasterLimited relating to the purchase or sale of goods or services on the Site. TheSale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in writing, signed by PCM. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mailapplication connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting PCMaster Limited at the address provided below.

In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF NEW ZEALAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

Title; Risk of Loss
Title togoods herein being purchased is retained by the seller until goods are paid if full by the purchaser and at that time title passes to the purchaser. Until property passes to you, you shall hold any goods as fiduciary bailee for PCMaster Limited; and store them in a manner to enable them to be identified and cross referenced in particular invoices. You authorise PCMaster Limited or its agent to enter your premises to remove any goods which are the property of PCMaster Limited, and indemnify PCMaster Limited against all costs and claims in respect of its exercise of rights. Unless otherwise notified in writing, you are authorised to sell the goods in the ordinary course of your business, but you must keep the proceeds of any goods sold in separate account in trust for PCMaster Limited. Notwithstanding the above, all payments shall immediately become due to PCMaster Limited if you become insolvent, commit any act of bankruptcy, or if a receiver, liquidator or statutory manager is appointed over any of your assets or undertaking, or if you make or attempt to make an arrangement or composition with creditors. Loss or damage that occurs during shipping by a carrier selected by PCMaster Limited is PCM’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s). The goods supplied to you and secured by these terms of trade, together with the credit advanced by the supply on any services, are described on each of our invoices. You agree that you will do all acts necessary and provide PCMaster Limited on request all information required by it to register a financing statement over the goods or their proceeds, and that you will advise PCMaster Limited of any changes to that information. You agree that PCMaster Limited, at its option, may require you to pay all reasonable costs, including legal costs on a solicitor-client basis, associated with the discharge or amendment of any financing statement registered by PCMaster Limited, whether or not the change was initiated by you. You authorise PCMaster Limited to search the Personal Property Securities Register for any information about you or (in the case of a company) your parent company.

Export Sales
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the New Zealand government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside New Zealand. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.

General Legal Disclaimer
PCMASTER LIMITED HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY PCMASTER LIMITED IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.

56K Disclaimer
56K modems are capable of a maximum 56Kbps download only.

Third-Party Product
All products sold by PCMaster Limited are third party products and are subject to the warranties and representations of the applicable manufacturers.

Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, PCMaster Limited reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While PCMaster Limited uses reasonable efforts to include accurate and up-to-date information on the Site, PCMaster Limited makes no warranties or representations as to the Site's accuracy. Every effort has been made to provide accurate product images however all images provided on the website are intended as an approximate guide only. PCMaster Limited assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability
PCMASTER LIMITED WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. PCMASTER LIMITED WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, PCMASTER LIMITED IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon PCMaster Limited until accepted by PCMaster Limited. PCMaster Limited reserves the right to refuse to accept any order or any part of an order, and to deliver goods by instalments, in which case each instalment will comprise a separate contract and shall be paid for as if it were a separate order. PCMaster Limited may reduce order quantities on products at its discretion where stock supply is limited or special pricing has been provided including specials, below cost, and run-out special promotions. Terms of payment are within PCM’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. PCMaster Limited may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at a compounding monthly interest rate on the unpaid overdue balance of 5% per annum above the current overdraft rate charged by PCM’s bankers, and PCMaster Limited may at its option suspend delivery of further goods or performance of further services until the account is paid. The Customer agrees to pay goods and services tax and any other government duties, levies or taxes in respect of the goods or services.

Freight Policy
Shipping and handling charges on all other orders vary; contact your PCMaster Limited account manager for our most current and competitive rates, options and shipping specials.

Return Policy

• PCMaster Limited offers a 7 day return policy on selected items based on manufacturer return policies.

• All products returned MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.
• You are responsible for shipping charges on returned items; PCMaster Limited will match your shipping method on any warranty replacement or warranty exchange item(s).
• PCMaster Limited strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
• If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for PCMaster Limited to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify PCMaster Limited immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify PCMaster Limited of damaged goods within the first 7 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions.
• Any warranty may be voided by damage to or misuse, problems caused by the use or misuse of software, negligent installation or operation, cleaning or maintenance, unauthorised repairs, modifications or the addition of hardware not supplied by PCMaster Limited.
• Where the good or services that you acquire from PCMaster Limited are not of a kind ordinarily acquired for personal household or domestic use or consumption, or where you acquire, or hold yourself out as acquiring, the goods or services for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 and the conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or implied by common law will not apply and are excluded from these terms of trade.
• DEFECTIVE returns can be returned directly to PCMaster Limited within 7 days from the invoice date, at PCM's discretion for: credit, replacement, exchange or repair. After 7 days from the invoice date returns may need to be returned directly to PCMaster Limited or the Manufacturer depending on the item and the manufacturer's policy. Please check with us prior to sending the returns. Manufacturer restrictions may apply
• NON-DEFECTIVE returns can be accepted directly by PCMaster Limited within 7 days from the invoice date, at PCM's discretion for: credit, exchange. Credits will most likely not be available for non-defective returns that have been already opened or used prior to being returned. All NON-DEFECTIVE returns are subject to a minimum 20 percent or $80 excluding gst restocking fee (whichever is the higher) at PCM's discretion.
• Due to some manufacturers' policies, PCMaster Limited cannot always accept returns of some items directly without the customer firstly gaining a RMA (Return Merchandise Authority) number from the manufacturer directly.
  DEFECTIVE merchandise can be returned for REPAIR ONLY to: PCMaster Limited, the manufacturer direct or any manufacturer authorized service centre in your area. Manufacturers' return and repair policies can change, also manufacturers can go out of business or vary their terms in the case of specially ordered items.

PCMaster Limited reserves the right to authorize product returns beyond 7 days from the invoice date. IF the product is accepted after 7 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to PCMaster Limited on returned items, and PCMaster Limited will pay the shipping charges on any warranty replacement or warranty exchange item(s) going back.

On Selling Products
PCMaster Limited reserves the right to reject or reduce orders from people or organisations who PCMaster Limited, at its sole discretion, believes may be acting for or in relation to a trader or competitor for trade purposes, ordering unusual quantities or providing inaccurate, misleading, duplicate, spam or incomplete details. If you purchase any goods from PCMaster Limited for resupply as, or incorporate any PCMaster Limited's goods into, goods ordinarily acquired for personal household or domestic use or consumption ("Consumer Products") you warrant that: if you supply the Consumer Product directly to an end user/consumer you will do so using terms and conditions of supply which exclude liability for any claims under the Consumer Guarantees Act 1993: and if your customer acquires the goods for resupply, your customer and each person in the distribution chain will exclude liability in its contract for supply for any claims under the Consumer Guarantess Act 1993, but in each case only where the end user/consumer acquires the Consumer Products for business purposes. You agree to indemnify PCMaster Limited against any failure by you, your customer or any person in your distribution chain to properly contract out of liability to business end users/consumers under the Consumer Guarantees Act 1993.

Books, Software and DVD Movie Return Policy
Only defective books, software and DVD movies can be returned to PCMaster Limited. The return must take place within 7 days of invoice date and may only be replaced for the SAME software or DVD movie title. Unopened software may be returned for refund or exchange within 7 days of invoice date. Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer.

NOTE:  Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 7 days for any reason.



Credit Cards
Credit card charges are not submitted until time of shipment. All pricing given is pre-discounted for cash payment only and PCMaster Limited may apply a discount reversal/surcharge for credit cards.

General Conditions
PCMaster Limited reserves the right to change these terms of trade from time to time. If PCMaster Limited fails to enforce any terms or to exercise its right under these terms of trade at any time. PCMaster Limited has not waived those rights. If any provision of these terms of trade is held to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect ant the parties shall adjust their respective rights and obligations in accordance with the spirit and intent of the parties as shown by these terms of trade.