Terms and Conditions for Print Management Consultants Limited (trading as PMC Technology)
Definitions – In these conditions, “PMC” means Print Management Consultants Limited (trading as PMC Technology). “You” means the customer making an order with PMC subject to these terms.“Goods” as used in this document means those Goods supplied by PMC and includes, but is not limited to, Barcode Printers, Barcode Scanners, Consumables, Card Printers, Wristband Printers, Security products, Location Monitoring Tracking Components, Print, Labels and Ribbons. “Order” means a purchase order made to PMC by you. “PPSA” means the Personal Property Securities Act 1999. “Security Agreement” and “Security Interest” have the same meanings ascribed to them as in the PPSA.
General – Credit Card payments will show as “PMC Technology” on your Bank Statement. All goods and services are priced in New Zealand Dollars. Payments are processed through the secure Windcave system. Any credit card details stored are done so on the Windcave system. No credit card information is stored by PMC Technology and we are PCI compliant.
Any order accepted by PMC shall be deemed to incorporate these Terms and Conditions of Sale. No variation or modification of, or substitution for these Terms and Conditions of Sale (even if included in, or referred to in, the document placing the order) shall be binding on PMC, unless previously and specifically accepted by PMC in writing. Acceptance of these terms does not necessarily confer access to all PMC’s products. Certain products are classified as Authorized Products and are not available to all of PMC’s customers. PMC may make changes to these terms (including any credit terms) from time to time by notice to you. You will be deemed as having accepted the changed terms if you send any order to PMC after receiving notice of those changes.
Prices – Unless otherwise agreed in writing by PMC, PMC reserves the right to vary the price stated for the Goods in order to take account of any increase in shipping costs, product costs or cost of materials, services or exchange rate fluctuations at the time of acceptance of your Order. PMC will notify you of any such changes. All prices listed are GST exclusive unless otherwise stated and subject to change without notice. PMC reserves the right to accept or reject any Order, whether written or verbal, at its discretion.
Payment – Terms of payment are prior to delivery or upon signed and approved account applications, payment is then strictly required 20 days after the end of the calendar month in which the work/goods are completed/dispatched (as the case may be) and invoiced. Payment may be made by Stripe credit card facility via xero, or Direct Credit. Without prejudice to any other rights of action PMC may have, if payment is not made to PMC on the due date for payment, your account will be automatically suspended until payment is made in full (unless otherwise arranged and confirmed in writing by PMC such as a bona fide dispute). PMC shall be entitled to charge interest on any overdue amounts at the rate of 1.5%per month from the date payment is due until the date payment is received by PMC. In the event of an account not being paid you will pay to PMC all debt collection agency costs and legal fees (on a solicitor and client basis) incurred by PMC in obtaining payment of the amount from you.
Delivery – Delivery will be made to the location specified on the order form and you shall be liable for all freight costs unless otherwise agreed in writing with PMC.
No claim for damage in transit or shortage in delivery will be considered in cases where PMC has agreed to deliver the Goods to you unless a separate notice in writing is given to the carrier concerned and PMC immediately the Goods are received followed by detailed and complete claim in writing within two (2) trading days of delivery. In the event of loss or destruction of the Goods in transit, advice of non-delivery must be submitted in writing to the carrier and to PMC within seven (7) days of the date of consignment as advised by PMC to you.
Any period or dates quoted for delivery are to be regarded as approximate only and PMC accepts no liability for any loss, injury damage or expenses consequent upon any delay in delivery of Goods. Delay due to circumstances not reasonably within the control of PMC shall not entitle you to cancel any order or to refuse to accept delivery.
Notwithstanding that the title to the Goods may not have passed, the risk in the Goods shall pass to you upon delivery.
When PMC is required to procure overseas Goods to fulfill an Order the Order is subject to confirmation by PMC.
Force Majeure – Should PMC be delayed in or prevented from making delivery owing to any cause whatsoever beyond PMC’s control, such as Act of God, war, strike, riots, government intervention, industrial stoppage or natural disaster or otherwise, PMC shall be at liberty to cancel or suspend the Order without incurring any liability for any loss or damage resulting there from.
Insurance – Insurance will not be affected by PMC on Goods forwarded from PMC’S premises unless PMC receives written instructions from you to insure.
Cancellation of Order – Once an Order has been accepted and invoiced by PMC it may not be cancelled for any cause whatsoever without PMC’s agreement in writing. Where such cancellation is agreed, you will cover all costs in returning the Goods to PMC and ensure that the Goods are insured in transit and returned to PMC’s premises in original unmarked packaging including all original documentation and accessories. Such an order cancelled by you will incur a re-stocking fee of a minimum of $35.00, or fifteen percent (15%) of the invoiced value of the Goods, whichever is the greater.
If you place a special order or an indent order of Goods that are of a special nature or quantity, you will be deemed to have invited PMC to allocate or order Goods or production time for its fulfilment and to have agreed that your order will be irrevocable pending acceptance or rejection by PMC within a reasonable time.
Returns – Returns need PMC approval: Return of any Goods that are not damaged or destroyed is subject to PMC prior written consent. If We consent to a return, then (i) Goods must be returned in the manner described in this clause, and (ii) may be subject to a restocking fee at Our sole discretion.
Our policy is we only accept returns for faulty goods.
All returns must be returned within 14 days for full priced items and 7 days for sale priced items from date of delivery.
RMA: Before returning such Goods, You must request, and We must have issued, a Return Merchandise Authorisation (RMA). Goods will not be accepted for return by PMC without the RMA number label displayed on the outer packaging of the returned Goods. Requirements for return and shipping method: Goods must be returned to PMC UNUSED,in original unmarked packaging including all original documentation and accessories. You must ensure that returned Goods are shipped to PMC (in accordance with our directions) and insured (paid by You).
Unauthorised Returns: Unauthorised returns will be shipped back to You at Your expense (a handling fee may also apply).
Ownership – The risk in any Goods supplied by PMC to you shall pass to you when such Goods are delivered to you or into custody on your behalf. Until you have discharged all outstanding indebtedness to PMC in respect of all Goods, PMC retains ownership in all Goods delivered to you or into custody on your behalf (Retained Goods).
If you manufacture, intermingle or deal with the Retained Goods in such a manner that they become an integral part of any other object (Processed Goods) then you hold these Processed Goods on trust for PMC to the extent the Retained Goods are incorporated or used to produce the Processed Goods, until payment in full of such indebtedness for all Goods has been made to PMC.
Unless otherwise directed by PMC, you may, on behalf of PMC, sell the Retained Goods and Processed Goods to a third party in the normal course of trade. You are accountable to PMC for the proceeds derived from the sale of Retained Goods, and in the case of Processed Goods, to the extent the Retained Goods are incorporated or used to produce the Processed Goods. You shall hold such proceeds in trust for PMC in a separately identifiable account for PMC’s benefit and must give the proceeds to PMC when asked.
You must maintain separate records in relation to the Retained Goods and Processed Goods, and make these records, Retained Goods, and Processed Goods available for PMC’s inspection at any time on reasonable notice to PMC.
In addition to any right or lien to which PMC may be by law entitled, PMC shall (in the event of your insolvency or going into receivership) be entitled to a general lien on all of your Goods in PMC’s possession (although such Goods or some of them may have been paid for) for the unpaid price of any Goods sold and delivered to you by PMC under the same or any other contract.
Confidentiality – From time to time you and PMC may be required to pass on to each other confidential information about your respective businesses or you may be required to pass on to PMC confidential information about their customer in relation to their customer’s business to PMC for the commercial benefit of both parties. Any such information given by either party will be held by the other party in strict confidence and will not be passed on to any third party or used for any other purpose other than the direct related purpose to which the information was given.
No public announcement or press release relating to PMC or PMC’s products is allowed without PMC’s prior written consent, which will not be unreasonably withheld.
Liability – To the maximum extent permitted by law, PMC shall not be liable for any damages or loss of any kind arising from the failure of Goods to function or operate satisfactorily, nor for any direct or indirect, incidental, special, or consequential damage or loss to property or person whatsoever. PMC accepts no responsibility or liability for incorrect placement of orders, including via the web.
Personal Property Securities Act 1999 – You grant to PMC a Security Interest in the Goods supplied by PMC and their proceeds and accessions to secure payment of the purchase price of the Goods and all other outstanding debts and obligations to PMC. You acknowledge and agree that these terms constitute a Security Agreement.
PMC will provide such information, do such acts and execute such further documents as in PMC’s opinion may be necessary or desirable to enable PMC to perfect the Security Interest created by these terms on the Personal Property Securities Register as a first priority interest or with such other priority as PMC may agree in writing.
You will immediately notify PMC in writing of any change in your name.
You must not create or allow or permit the creation of a Security Interest in any of PMC’s Goods in favor of any person other than PMC without first obtaining PMC’s written consent nor may you allow or permit the creation of a lien over any of PMC’s Goods.
Indemnity – You indemnify PMC against any claims by a third party (including merchants), damage, loss, liability or expense (including lawyers’ fees on an indemnity basis) that PMC may incur; (i) with respect to any negligent act or omission by, or willful misconduct of your employees, agents, contractors, consultants or representatives; or (ii) as a result of; (a) any warranty condition, representation, indemnity or guarantee granted by you or provided by law in addition to or in lieu of the limited warranties specified in the Warranty clause; (b) any omission or inaccuracy in your marketing and promotional materials that relate to the products; (c) any modification of or addition to the product not provided or approved by PMC; or (d) your failure to comply with these terms. This clause will not be construed to limit or exclude any other claims or remedies which PMC may assert under these terms.
Severability – If any term in these terms is illegal or unenforceable, it is to be severed. The rest of these terms will not be affected.
Governing Law – Any contract to which these terms apply shall be governed by and construed in accordance with the laws in force in New Zealand and you further submit to the exclusive jurisdiction of the Courts operating in New Zealand.