Terms & Conditions

STANDARD TERMS AND CONDITIONS OF SALE

The sale of all Goods by Channel Supply Co New Zealand Limited (Channel Supply Co) are subject to these standard terms and conditions of sale (Terms of Sale). Voip Depot is also a trading name of Channel Supply Co. By purchasing Goods from, or establishing an account with, Channel Supply Co you agree to be bound by these Terms of Sale.

1. Definitions

In these Terms of Sale, unless the context indicates otherwise:

"Order" means an order submitted by the Customer by using the online order process on the Website or by email.

"Customer" means the person who is purchasing the Goods, or, if the person is purchasing the Goods on behalf of an organisation, the organisation on whose behalf the Goods are being purchased.

"Goods" means all hardware, software, peripherals, audiovisual equipment, telecommunications equipment, parts and any other related products supplied or financed by Channel Supply Co to the Customer from time to time in accordance with these Terms of Sale including, but not limited to, goods further identified in any invoice issued by Channel Supply Co to the Customer (which invoices are deemed to be incorporated into and form part of these Terms of Trade).

"Website" means the Channel Supply Co website.

2. Orders

2.1 If the Customer Orders Goods:

(a) all details (including, without limitation, price and availability of Goods) relating to the Order are subject to confirmation by Channel Supply Co;

(b) Channel Supply Co will confirm the Order by email to the Customer's email address as soon as reasonably possible following receipt of the Order; and

2.2 Channel Supply Co will not be liable for any damage, loss or expense, or indirect losses or consequential damages of any kind, suffered or incurred by the Customer in connection with the Customer's reliance on any Order that has not been confirmed.

3. Price and Payment

3.1 All transactions will be billed in New Zealand Dollars (NZD). The price of Goods will be the price set out in the confirmed Order, plus goods and services tax (GST) (if any).

3.2 The price of the Goods does not include delivery costs. All costs of, and associated with, delivery will, unless Channel Supply Co agrees otherwise in writing, be the responsibility of the Customer.

3.3 Unless otherwise agreed in writing, payment for Goods will be made without set-off or deduction by the 20th day of the month following date of invoice (Due Date).

3.4 The Customer acknowledges that, if any invoice is not paid on the Due Date, the entire balance then outstanding will immediately become due and payable without any further notice. The Customer agrees that:

(a) a service charge of 0.05% per day on overdue balances may be charged to the Customer’s account at the discretion of Channel Supply Co;

(b) the service charge constitutes a reasonable and genuine pre-estimate of the anticipated or actual loss or damage which would be incurred by Channel Supply Co as a result of the Customer's failure to pay; and

3.5 If Channel Supply Co instructs its solicitors or any other person or agency to collect an overdue amount or enforce any other obligation arising under these Terms of Sale, all costs, charges and legal expenses (on a solicitor and client basis) incurred by Channel Supply Co will be borne by the Customer and all payments made will firstly be allocated towards such costs and charges, then to interest and finally to the principal amount due.

3.6 Channel Supply Co may in its discretion allocate any payment received from the Customer towards any invoice that Channel Supply Co determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer under these Terms of Sale Channel Supply Co may reallocate any payments previously received and allocated. In the absence of any payment allocation by Channel Supply Co payments will be deemed to be allocated in such manner as preserves the maximum value of Channel Supply Co’s purchase money security interests in Goods.

3.7 If Channel Supply Co sets a credit limit for a Customer, that limit may not be exceeded without the prior written consent of Channel Supply Co.

3.8 Credit card payments are not accepted for payment of accounts, unless negotiated with Channel Supply Co's credit manager.

3.9 Any person accepting these Terms of Sale on behalf of the Customer agrees that they are jointly and severally liable to Channel Supply Co, as surety and co-principal debtor with the Customer, for payment of any amount which is now, or in the future becomes, due or owing by the Customer to Channel Supply Co.

4. Title, Delivery, Risk, Insurance

4.1 Ownership of the Goods will not pass to the Customer until payment is made in full.

4.2 Without limiting to clause 4.1, the Customer grants Channel Supply Co a security interest in all Goods from time to time purchased by the Customer from Channel Supply Co including all Goods sold and returned.

4.3 The proceeds of the sale of the Goods must, if Channel Supply Co requires, be paid into a separate account and held in trust for Channel Supply Co. The Customer must then make payment to Channel Supply Co from the account of all amounts which may be owing by the Customer to Channel Supply Co from time to time.

4.4 Until such time as the Goods have been paid for in full, the Customer must store the Goods in such a manner as to show clearly that they are the property of Channel Supply Co.

4.5 Channel Supply Co reserves the right, entirely at its discretion, to withhold delivery of all Goods ordered by the Customer if past invoices remain unpaid.

4.6 Despite anything to the contrary in these Terms of Sale, the risk of loss of, or damage to, or any deterioration in Goods passes to the Customer on delivery. Delivery of Goods when the Customer takes possession of the Goods, or when the Goods are passed to the Customer's or Channel Supply Co's agent or carrier (whichever occurs first), unless agreed otherwise by Channel Supply Co in writing.

4.7 The Customer must insure the Goods from the time of delivery and, pending payment in full, insure the Goods for full replacement value in the name of Channel Supply Co.

5. Returns and Refunds Policy

5.1 If goods are faulty, it should be returned within 7 days.

5.2 We will then check if the goods are indeed faulty or not. If faulty, we will send the replacement and if not, we will send the unit back to the customer. Please note that if the product is faulty, customer needs to ship it back to us or drop off at our address. Channel Supply Co will not arrange for pick up for faulty items nor will it pay for the courier cost

5.3 We reserve the right for re-stocking fee, that is 15% of the total unit value (if the supplier is not taking the unit back and that unit has very slim chances of getting sold again).

5.4 Please choose the products carefully. If you have any queries regarding the compatibility of products with your existing products, do not hesitate to call us. Once you have purchased the products without checking the compatibility, Channel Supply Co does not take the responsibility of it's compatibly and the product will not be accepted back.

5.5 No exchange.

5.5.1 Products in clearance category will not be accepted back once sold (except for the faulty products).
5.5.2 Images may differ from the actual products and Channel Supply Co does not take responsibility of the difference

5.6 We will exchange or refund products provided that:

there is valid proof of purchase
it is within 30 days of purchase
it is in its original packaging or condition

6. Credit checks and reporting

6.1 The Customer agrees that Channel Supply Co may obtain information and make such enquiries about the Customer as Channel Supply Co considers warranted from any source including credit reference agencies for the purpose of assessing the credit worthiness of the Customer.

6.2 Channel Supply Co may also disclose information about the Customer to credit reference agencies for the purpose of obtaining a credit report on the Customer. Those credit reference agencies may retain that information and provide it to their customers who use their credit reporting services.

6.3 If the Customer defaults in any obligations to Channel Supply Co then information about the Customer may be disclosed to credit reference or debt recovery agencies and retained by them. Those agencies may provide that information to their customers who use their credit reporting services.

7. Termination

7.1 Channel Supply Co may, without prejudice to any other rights and remedies it may have at law or in equity, terminate any or every agreement or Order between itself and the Customer or suspend any further deliveries under any or every such agreement or Order if any of the following events (Default Events) occur:

(a) non-payment of any sum owing by the Customer to Channel Supply Co by the Due Date;

(b) the Customer intimating that it will not pay any sum by the Due Date;

(d) the Customer going into liquidation;

(e) appointment of a receiver and/or statutory manager of the Customer or any material part of its assets;

(f) the passing of a resolution for voluntary liquidation, or for the appointment of an administrator, in respect of the Customer;

(g) if the Customer becomes unable to pay its debts as they fall due or, is presumed under section 287 of the Companies Act 1993 to be unable to pay its debts;

(h) the seizure of Goods by any other creditor of the Customer or any other creditor intimates that it intends to seize Goods;

(i) any Goods in the possession of the Customer are materially damaged while any sum due from the Customer to Channel Supply Co remains unpaid;

(j) the Customer (in the case of an individual) dying or being adjudicated bankrupt; or

(k) a court judgment is entered against the Customer and remains unsatisfied for 7 days;

(l) any material adverse change occurs in the financial position of the Customer.

7.2. The Customer gives irrevocable authority to Channel Supply Co to enter any premises occupied by the Customer or on which Goods are situated at any reasonable time after a Default Event has occurred (or beforehand if Channel Supply Co believes a Default Event is likely to occur) and to remove and repossess any Goods and any other property to which Goods are attached or in which Goods are incorporated.

7.3 Channel Supply Co may either resell any repossessed Goods and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Goods and credit the Customer’s account with the invoiced value of those Goods less such sum as Channel Supply Co reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profits and/or costs.

8. PPSA

8.1 The Customer acknowledges that these Terms of Sale give rise to a security interest in all present and after acquired Goods supplied by Channel Supply Co to the Customer to secure the Customer's performance of its obligations under these Terms of Sale.

8.2 The Customer undertakes to:

(a) promptly do all things, execute all documents and provide any information which Channel Supply Co may reasonably require to enable it to perfect and maintain the perfection of its security interest (including by registration of a financing statement);

(b) give Channel Supply Co not less than 7 days prior written notice of any proposed change in its name or any other change of its details; and

(c) immediately on request by Channel Supply Co (and at the Customer's expense) obtain from any third party such agreements and waivers of any security interest that third party has in respect of the Goods, to ensure that at all times Channel Supply Co has a first priority security interest in the Goods.

8.3 The Customer waives its rights to receive a copy of any verification statements under the PPSA and agrees that as between Channel Supply Co and the Customer:

(a) the Customer will have no rights under (or by reference to) sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 133 and 134 of the PPSA; and

(b) where Channel Supply Co has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.

9. Liability

9.1 Channel Supply Co will not be responsible for any loss or damage however caused to any person or to the property of the Customer or any third party as a result of any defect in the Goods (whether patent or latent), and the Customer indemnifies Channel Supply Co against any claims made against it by any third party arising out of any such defects.

9.2 Channel Supply Co’s liability in respect of any claim that any Goods are defective will be limited to:

(a) the replacement of the Goods or the supply of equivalent Goods;

(b) repair of the Goods;

(d) the payment of the cost of having the Goods repaired, whichever Channel Supply Co in its absolute discretion thinks fit.

9.3 To the maximum extent permitted by law Channel Supply Co:

(a) excludes all warranties, representations or guarantees (whether express, implied or statutory) in relation to the Goods, including, without limitation, any warranty of fitness for any particular purpose; and

(b) will not be liable for costs, damages, expenses or losses (whether direct or indirect) incurred by the Customer or any third party as a result of Channel Supply Co’s actions or omissions, nor liable in contract or in tort or otherwise in any way.

9.4 Nothing in these Terms of Sale or in the Returns Policy excludes, restricts or modifies the application of any provision of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 or any other relevant New Zealand legislation which by law cannot be excluded, restricted or modified.

9.5 To the extent that the Customer acquires, or holds itself out as acquiring, Goods from Channel Supply Co for the purposes of a business, in terms of section 43(2) of the Consumer Guarantees Act 1993, the Customer will not assert, or attempt to assert any rights or claims against Channel Supply Co under the provisions of that Act.

10. General

10.1 No waiver by Channel Supply Co of any breach, or failure to enforce any provision, will operate as a waiver in respect of any subsequent breach.

10.2 Channel Supply Co may vary these Terms of Sale from time to time by:

(a) written notice to the Customer specifying the variation(s) ("notification"); or

(b) posting the variation(s) on the Website,

and any such variation will apply in respect of Goods ordered by the Customer after the date of notification or posting, as the case may be.

10.4 These Terms of Sale, as varied from time to time, constitute the entire agreement between the parties and the Customer acknowledges that no representations have been made by Channel Supply Co or on its behalf which have induced the Customer to enter into these Terms of Sale or to place an Order.

10.5 These Terms of Sale are governed by the laws of New Zealand. The Customer agrees that any proceedings which may be instituted against it for the recovery of any amounts owing to Channel Supply Co or enforcing any other obligation arising under these Terms of Sale may be issued in the Court at Auckland, being the place where Channel Supply Co's registered office is located and where this contract arose.

10.6 The Customer (and any person accepting these Terms of Sale on behalf of the Customer) warrants that it has the appropriate authority to accept these Terms of Sale.

10.7 The Customer acknowledges that it accepts these Terms of Sale to the exclusion of any standard terms it may have for purchases. No modification, alteration, or addition to these Terms of Sale will be binding on Channel Supply Co unless accepted in writing by an authorised Channel Supply Co signatory.

10.8 If any provision of these Terms of Sale is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Sale. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Sale, all of which remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

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