Terms of Trade

Terms of Trade
As a client of ComPro IT, you agree to be bound by the terms and conditions stated in this document. You acknowledge that you have read and understand the terms and conditions.

Terms
ComPro IT and you as the Client refers to the person or company purchasing goods or enlisting the services of ComPro IT.

Conditions of Sale of Goods
All sales of hardware and software are made subject to the following conditions and by purchasing from ComPro IT, the purchaser accepts these conditions.

Warranty
All new goods are covered with a return to base parts and labour warranty for a period of 12 months ( unless otherwise stated ) from the date of invoice on hardware only. Software and consumable goods are not covered by any warranty. Although every care is taken to ensure that all second hand goods supplied by ComPro IT are of merchantable quality, no warranty is expressed or implied unless otherwise stated. Warranty will be void if goods or labels have been found tampered with. Warranty does not cover any damage to other equipment used in conjunction with these goods or loss of data whilst using these goods or software.

Charges and Payment
All prices quoted exclude GST and are in New Zealand dollars unless otherwise specified. Prices are based on a per unit rate as shown, however we would be pleased to offer a fixed price quote on larger projects if this is preferred. We reserve the right to adjust prices without notice. ComPro IT may require payment in advance for the supply of any hardware or software for the client. If an on account payment is offered, payment of the account is due within the agreed terms; otherwise the remainder of the account is due immediately following the issuing of an invoice.

Scope of Services
ComPro IT is Clients' primary point of contact for all systems on the network. If ComPro IT is unable to remedy a problem, then ComPro IT will work with the appropriate outside vendor until a resolution is reached. Client understands that additional expenses may be incurred when an outside vendor is brought in to solve a particular problem and agrees to reimburse ComPro IT for any such expenses.

Deposits
A deposit of 50% is payable for any work to be undertaken that is estimated to be worth in excess of $10,000. The deposit is required prior to work commencing.

Accounts
Payment for new clients is due in full upon delivery and/ or completion of work until such time that an account is setup. Payment of accounts is due on or before the 20th day of the month following the date of the invoice. Interest at 3.5% per month on the current balance may be charged on overdue accounts and shall accrue on a daily basis starting from the due date. ComPro IT reserves the right to stop all work until the account is brought up-to-date. In the event of default by the client in paying for the services and/or goods provided, the amount outstanding will be passed on to a debt collection agency for recovery. The client indemnifies ComPro IT against all costs (including legal costs), losses and expenses incurred by ComPro IT in recovering any unpaid monies.

Delivery of Goods
Any charges for handling (including packing materials) and freight charges are extra, and payable by the client. The most cost effective delivery method will usually be chosen. ComPro IT is not responsible for damage to the goods in transit. Claims for losses or damage to goods in transit must be made directly to the transport agency concerned.

Restocking Fee
If for any reason an item is returned to ComPro IT that is tested not faulty a restocking fee of 20% of the value of the item may apply. We will not accept goods if they have been purchased in error, if you need assistance with finding the correct items let us know.

Cancellation of On-Sites
The client is required to notify ComPro IT of any cancellation a minimum of 3 hours ahead of the scheduled start time. Failure to provide such notice results in the minimum callout fee being charged.

Peak Demand Periods
ComPro IT will make its best efforts to respond to Client's needs within the negotiated time frame. Client understands that there may be occasional times of peak demand when ComPro IT is forced to have to make extremely difficult decisions and triage Client's needs according to the severity of business impact.

Loss of Service
Client recognizes that ComPro IT makes every attempt to select the most reliable systems, and that ComPro IT will make best efforts to keep Client's system up and running efficiently and cost-effectively, within the limits of the clients IT budget.

Risk of Data Loss
Client assumes all risk of data loss from any and all causes or in any way related to or resulting from the repair or service of computer hardware, software or other equipment by ComPro IT. Client agrees to bear full responsibility for all data backup prior to any repair or service of computer hardware, software or other equipment by ComPro IT. Client hereby indemnifies ComPro IT from any claim or liability related to data loss for any reason whatsoever.

Computer Viruses, Spyware & Malware
ComPro IT agrees to take all reasonable measures to protect Client's computer systems from computer Viruses, Spyware & Malware. Client assumes all risk of computer Viruses, Spyware & Malware and will not hold ComPro IT responsible. Client is responsible for the costs of consulting time and materials required to remove any computer Viruses, Spyware or Malware.

Property and Risk
Despite the purchaser having possession of any hardware or software, ownership is retained by ComPro IT until the client pays in full all money owed to ComPro IT. Risk in any goods supplied shall pass to the client at the point of delivery.

Disclaimers
Any claims for errors or unsatisfactory work must be made within 7 days of issue of an invoice. ComPro IT is only under an obligation to deliver goods and services in accordance with their general description, whether or not a special description may have been given or implied by law. The client acknowledges and agrees that ComPro IT has not given any representation or warranty as to the quality, state or condition of goods supplied, or that the goods are fit for any particular purpose. All conditions, warranties and terms whether implied, statutory or otherwise are excluded to the fullest extent permitted by law. ComPro IT shall not be liable for any statement, representation or warranty made by any employee, agent or contractor relating to the goods or workmanship supplied by ComPro IT or for any negligence or willful default by the manufacturer or supplier of the goods or services provided to the client. Notwithstanding any other provision in these terms of trade, where the goods are consumer goods and are supplied for business purposes the Consumer Guarantees Act 1993 shall not apply. Any disclaimer above does not apply where it is contrary to any law which cannot be contracted out of. All parts are subject to availability. All prices exclude GST, freight and prices may change without prior notice. All our systems come with a one year return to base warranty unless otherwise stated. Additional delivery fee does apply and is charged based on location.

Disputes
Any dispute shall, at the option of ComPro IT, be referred to mediation or arbitration. The Arbitration Act 1996 (or any replacement of that act) shall govern arbitration.

Laws
If any parts of these terms of trade shall be held to be illegal, unenforceable or invalid, the remaining parts shall continue in full force and effect. The laws of New Zealand shall govern these terms of trade and ComPro IT and the client hereby submit to the non-exclusive jurisdiction of the courts of New Zealand. The client hereby waives any right they may have to claim that the above submission to jurisdiction is an inconvenient forum.

Trademarks
ComPro IT does not authorise any client to use ComPro IT's or the manufacturer trademarks, names or associated materials. To use these trademarks, names and associated materials, prior written approval must be given by ComPro IT or the relevant manufacturer.